HomeMy WebLinkAboutMIN 1994 0921 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California September 21, 1994
A Regular Meeting of the City Council of the City of Moorpark was
held on September 21, 1994 in the Council Chambers of said City
located at 799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Mayor Lawrason called the meeting to order at 7:10 p.m.
2. PLEDGE OF ALLEGIANCE:
Brian Lee Rossen, new Eagle Scout recipient, led the Pledge of
Allegiance.
3. ROLL CALL:
Present: Councilmembers Hunter, Montgomery, Perez,
Wozniak, and Mayor Lawrason
Staff Present: Steven Kueny, City Manager; Richard Hare,
Deputy City Manager; Ken Gilbert, Public Works
Director; Jim Aguilera, Director of Community
Development; Christine Adams, Director of
Community Services; Lieutenant Marty Rouse,
Sheriff's Department; Charles Abbott, City
Engineer; Cheryl Kane, City Attorney; Mary
Lindley, Assistant to the City Manager; Paul
Porter, Senior Planner; Don Reynolds,
Administrative Services Manager; Jill Rubin -
Myers, Management Analyst; and Lillian Hare,
City Clerk
4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS:
A. Introduction of Patrice Lemcke, Administrative Secretary
for Community Services.
Mayor Lawrason introduced Patrice Lemcke, the new
Administrative Secretary in the Community Services
Department.
B. Introduction of Sergeant Terry Hughes as the Detective
Supervisor for the Moorpark Police Department.
Mayor Lawrason introduced Sergeant Terry Hughes.
C. Recognition of Eagle Scout, Brian Glen Rossen.
Mayor Lawrason presented Brian Glen Rossen with a
Certificate of Recognition for his achievement of Eagle
Scout.
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D. Presentation of Plaque for the Summer Youth Employment
Program.
Mr. Reynolds presented the plaque to Mayor Lawrason.
E. Recognition of September as United Way Month.
Mayor Lawrason presented the proclamation to Jim Niles.
AT THIS POINT in the meeting, a recess was declared to convene
the Moorpark Redevelopment Agency. The time was 7:20 p.m.
The City Council reconvened at 7:21 p.m.
5. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
Councilmember Wozniak requested that Item 11.D. be taken off
calendar and rescheduled for the agenda when the applicant is
ready.
Larry Turner of Shell Oil Company concurred with Councilmember
Wozniak.
MOTION: Councilmember Wozniak moved and Councilmember Hunter
seconded a motion to take Item 11.D. off calendar. The motion
carried by unanimous voice vote.
6. PUBLIC COMMENT:
Mary Kairouz, 11922 Darlene Lane, addressed the Council
regarding right -of -way for the State Route 118 bypass. She
said she opposed the bypass. She said her neighborhood
opposed the 118 bypass. She requested the City's help in
discussions with Caltrans to determine another route for the
bypass.
Richard Morhar, 1450 Tierra Rejada Road, Moorpark, of The Worm
Concern, addressed the Council and indicated he was available
to answer any Council questions during the discussion of Item
11.E.
Jim Niles, 9075 Campus Road, addressed the Council
representing Moorpark College. He requested the Council's
consideration and support in a request for an Open Air Market
to be held at the College.
In response to Mr. Niles, Mayor Lawrason recommended that he
continue to interface with the staff and go forward with the
idea. Mayor Lawrason said he was in support of this matter.
Barbara Wilhelm, 11905 Elwin Road, addressed the Council
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regarding the 118 bypass. She said she opposed the proposed
bypass and requested that the City inform the neighborhood
should the subject be discussed by the Council.
Paula Babineau, 11902 Elwin Road, addressed the Council in
opposition to the 118 bypass. She said this bypass would be
five feet from her property line. She said she discovered the
existence of the Caltrans right -of -way for the project during
escrow.
In response to Ms. Babineau, Councilmember Montgomery
indicated that the best chance for comment and control of the
location of the 118 bypass would be during the discussions on
the development of the Levy property.
Larry Bath, 2049 Century Park East, Los Angeles, addressed the
Council representing G.I. Rubbish. He indicated that his
client had some concerns with the approval of temporary refuse
collection permit applications for Brown and Ferris Industries
because of Chapter 11 confidentiality agreements which may
have been violated.
Gerry Goldstein, 11932 Los Angeles Avenue, addressed the
Council regarding noise from the industrial park and his
concern that there were too many traffic lights and parking
signs in the City.
7. COMMITTEE REPORTS:
Councilmember Montgomery indicated that Happy Camp has been
reopened and there have been no more sightings of the mountain
lion.
Councilmember Montgomery reported on the September 14 East
County Waste Task Force and indicated that the Council would
be receiving a report. He also reported on the Waste
Commission meeting he attended last week.
8. CONSENT CALENDAR:
MOTION: Councilmember Hunter moved and Councilmember Wozniak
seconded a motion to pull items 8.E. and 8.H. and approve the
balance of the Consent Calendar. The motion carried by
unanimous roll call vote.
A. Consider Minutes of the Special City Council meeting of
August 10, 1994.
Consider Minutes of the Special City Council Meeting of
August 10, 1994.
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Consider Minutes of the Special City Council Meeting of
August 3, 1994.
Consider Minutes of the Special City Council Meeting of
August 17, 1994.
Consider Minutes of the Adjourned Special City Council
Meetinq of June 29, 1994.
Approve minutes as processed.
B. Consider Approval of the Warrant Reaister.
1993/94 Fiscal Year:
Regular Warrants 24137 - 24141 $ 55,390.05
1994/95 Fiscal Year:
Manual Warrants 24142 - 24154 $ 22,849.87
Voided Warrants 23868 $ (260.00)
Regular Warrants 24157 - 24285 $ 324,511.93
Staff Recommendation: Approve the Warrant Register.
C. Consider Unreinforced Masonry Buildings Status Report.
Staff Recommendation: 1) Direct Building and Safety Staff
to contact the owner of 71 -95 High St. and attempt to
facilitate compliance with Ordinance 127. In the event
that progress has not been made on the strengthening of
this building within one month then direct Code
Enforcement to initiate appropriate action to gain
compliance; 2) Direct Building and Safety Staff to
process the required notice requiring the strengthening
of 167 -173 High Street. In the event that compliance is
not gained within the time frames outlined in Ordinance
127 then direct Code Enforcement to initiate appropriate
action to gain compliance.
D. Consider Budget Amendment for the Installation of an
Emergency Generator for City Hall. Staff Recommendation:
Authorize the appropriation of $4,920 to the Emergency
Generator budget in 01.4.117.903, from the General Fund
Reserve, to be added to the existing budget of $33,000,
for a cost not to exceed $37,920.
F. Consider Yard and Wood Waste Ban at the Simi Valley
Landfill. Staff Recommendation: Direct Councilmember
Montgomery to express the City Council support for a
source separated yard and wood waste disposal ban at the
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Simi Valley Landfill when the issue is considered by the
Ventura County Waste Commission.
G. Consider Selection of Civil Engineering Firm to Prepare
the Design for the Reconstruction of the Spring Road
Bridge. Staff Recommendation: Approve the selection of
Dwight French & Associates to prepare the design for the
replacement of the Spring Road bridge for a fee Not to
Exceed $84,443 and authorize the City Manager to sign
necessary contract documents.
I. Consider Approval of the Preliminary Design for the
Arroyo Vista Community Park Bicycle /Pedestrian /Equestrian
Bridge. Staff Recommendation: Approve preliminary
design and authorize staff to proceed with right -of -way
acquisition efforts.
J. Consider Authorizing Soliciting Bids for the Acquisition
of a One -Ton Super Duty Truck and Service Body. Staff
Recommendation: Approve the procurement specification
for the vehicle, to include an ADD ALTERNATE requiring an
alternative fuel powered vehicle, and authorize staff to
solicit for bids.
K. Consider Annroval of Improvements to the Building and
Grounds at 675 Moorpark Avenue to Enable the Use of Said
Site for an Interim Corporate (Maintenance) Yard. Staff
Recommendation: 1) Approve an appropriation of funds and
a budget amendment in the amount of $15,000 (Fund 03:
$10,000; Fund 01: $5,000) for the construction of
improvements to the building and grounds at 675 Moorpark
Avenue to enable its use as an Interim Corporate Yard;
and, 2) Authorize staff to proceed with said
improvements.
L. A Resolution of the City of Moorpark Approving and
Authorizing the City Manager to Execute a Reimbursement
Agreement by and Between the Moorpark Redevelopment
Agency and the City of Moorpark for City Loan for Agency
Operation Costs for Fiscal Year 199411995. Staff
Recommendation: Adopt Resolution No. 94 -1065 authorizing
the City Manager to execute the attached Reimbursement
Agreement by and between the City of Moorpark and the
Moorpark Redevelopment Agency.
M. Consider Biennial Review of the City's Conflict of
Interest Code. Staff Recommendation: Receive and file
the report.
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N. Consider Approval of a Request to Replace Bonds Submitted
for LDM -20 (Commercial Property at Tierra Rejada Road and
Mountain Trail Street) . Staff Recommendation: Authorize
the City Clerk to exonerate bonds as outlined in the
staff report upon submittal of replacement bonds in a
sufficient amount and consistent with the requirements of
the Conditions of Approval and the Subdivision Agreement
for LDM 90 -2, subject to approval of the Deputy City
Manager.
O. Consider Report on Start of Construction of Developer
Funded Improvements of Country Trail Park. Staff
Recommendation: Receive and file the report.
P. Consider Resolution No. 94 -1066 Approval for Moorpark's
Participation in an East County Hazardous Waste
Discretionary Grant Application. Staff Recommendation:
Adopt Resolution No. 94 -1066 for the submittal of the
application to the California Integrated Waste Management
Board and approve the Memorandum of Understanding for
program administration and authorize the City Manager to
execute the agreement and request for payments.
The following items were pulled from the Consent Calendar for
individual consideration:
E. Consider Approval of Temporary Refuse Collection Permit
Applications. Staff Recommendation: Approve temporary
refuse collection permit applications for Anderson
Rubbish, G.I. Rubbish, and Browning Ferris Industries
(BFI) .
Councilmember Wozniak recommended continuing this item.
Mr. Kueny indicated that current permits expire before
the end of September.
Councilmember Montgomery recommended continuing the
matter to October 5 and extending the existing permits
and applications through October 10.
MOTION: Councilmember Montgomery moved and Councilmember
Wozniak seconded a motion to continue this item to October 5,
1994; existing permits and applications to be extended through
October 10, 1994. The motion carried by unanimous voice vote.
H. Consider Authorization to Advertise for Receipt of Bids
for the Construction Parkway and Median Irrigation and
Landscaping on Princeton Avenue Campus Park Drive and
Peach Hill Road. Staff Recommendation: Approve the
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plans and specifications for the subject project and
authorize staff to advertise for receipt of bids.
In response to Councilmember Perez, Ms. Adams said that
the future maintenance costs were estimated to be less
than $1 per lot per year. She said this figure was
arrived at by dividing the monthly cost by the 8,499 lots
included at the eight locations.
In response to Councilmember Perez, Councilmember
Montgomery suggested making solar power an alternate bid
specification.
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to approve the staff recommendation to
approve the plans and specifications for the project and
authorize staff to advertise for receipt of bids with a bid
alternate for solar power irrigation controllers. The motion
carried by unanimous voice vote
9. PUBLIC HEARINGS:
A. Consider Draft Growth Management Ordinance Developed by
Ad Hoc Committee, and as Revised by Staff to Incorporate
City Attorney Comments. Staff Recommendation: Continue
to discuss draft ordinance and provide direction to staff
regarding preparation of an Initial Study and the
scheduling of a subsequent City Council meeting.
(Continued item) PUBLIC HEARING IS CLOSED
In response to Mayor Lawrason, Ms. Kane indicated that
the Oceanside Growth Management case was now published
and could be cited as precedence. She said the League of
California Cities is seeking review by the California
Supreme Court. She said if the case was accepted by the
California Supreme Court it would be at least a year
before a decision is rendered.
Mayor Lawrason expressed his concern with the proposed
draft growth management ordinance. He said the City may
have the same challenges it encountered with the last
growth management ordinance. In response to
Councilmember Wozniak, Ms. Kane said that exempting low
and moderate housing from growth control measures does
not consider the secondary effect of those growth control
measures on meeting regional housing needs.
Councilmember Montgomery suggested continuing this matter
for six weeks until November 2. He said this would allow
the City Council time to formulate ideas they would find
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supportable. He suggested the following two tier
approach:
1) Specific plans for which there is an approved
development agreement - Allow the allocation
process for allocation of units to be determined by
the approved development agreement.
2) Specific plans for which there is no development
agreement and all other types of development - Set
at 1.4% of existing dwelling units the maximum to
be allowed per year. (Councilmember Montgomery
said this was just a suggested percentage.)
Councilmember Montgomery said that a combination of the
two tiers would determine the total allocation allowable
each year.
In response to Councilmember Perez, Ms. Kane said there
are two additional questions that must be considered in
drafting the ordinance. She said you must ask yourself
how do you develop density bonus units if you don't have
allocations for full market rate units. She said the
second thing to be considered is that while the City
doesn't have a point system to get on the list for
allocations, a project can move up the list if they
provide additional amenities, so, in effect, a project in
the upper income range could move ahead of a lower
moderate income range project if additional amenities
were provided.
MOTION: Councilmember Montgomery moved and Councilmember
Wozniak seconded a motion to continue this item to November 2,
1994. The motion carried by unanimous voice vote.
B. Consider Adoption of the Citywide and Downtown Sign
Ordinance, for Inclusion in the City's Zoning Ordinance
as Article 10 and for the Rescinding of Article 10 of
Ordinance No. 189. Staff Recommendation: 1) Open the
public hearing, receive public testimony and close the
public hearing; 2) Determine that the proposed ordinance
is categorically exempt pursuant to Section 15061(b)(3)
of the State of California Environmental Quality Act
Guidelines; and 3) Introduce the ordinance for first
reading.
Mr. Aguilera gave the staff report. He indicated that
the City Attorney has concerns with the political sign
portion of the ordinance. He said the City Attorney also
took issue with the use of the word "may ". He said staff
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used the word "may" because they believed the City
Council wanted the word to allow a certain amount of
flexibility.
Mr. Aguilera pointed out minor changes in the draft as
follows:
Page 2 - Section 8110 -2, first paragraph, delete the
words "as outlined within Section 8110 -3.6 of this
article, signs within the public right -of -way and ".
Page 3, No. 4 - Last sentence of the paragraph delete
"the sign area for the double -sided sign ".
Page 4, H - Delete "y" from the word "architecturally"
and delete the comma after design. Replace "d" with "s"
on the word identified.
Page 8, A - Changed to read "the sign area for an under
canopy sign may not exceed twenty (20) square feet.
Under canopy signs may be allowed in a hanging fashion if
it maintains a clearance of not less than 8 feet from the
bottom of the sign to the walkway.
Page 9, D - Second paragraph, delete the comma after
design.
Page 28, No. 1, Change the beginning of the first
paragraph to read "temporary political signs....."
Page No. 37, Section 8110 -11.4, delete the shaded "T" at
the beginning of the second phrase in the first
paragraph.
Page 37, No. 2, delete the word "of" following the word
"height" in the first paragraph.
AT THIS POINT in the meeting, Mayor Lawrason declared a
recess. The time was 9:00 p.m. The Council reconvened at
9:15 p.m. Mr. Aguilera resumed citing the recommended changes
to the draft Ordinance.
Page 38, No. 8, Second line, delete the comma after the
word "design ".
Page 40, No. 1, Change the first sentence of the first
paragraph to read "the maximum sign height for a
projecting /hanging sign may not exceed (12) twelve feet
and the minimum sign clearance may not be less than eight
(8) feet from the bottom of the sign to grade."
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No. 2 - Change to read "one projecting /hanging sign may be
allowed per leased /owned business."
No. 3, Second sentence - Change to read "if there are other
projecting signs existing, the proposed sign shall be placed
at the same elevation as other projecting signs."
Page 41, No. 2, Change to read "only one A -frame sign is
allowed per business. An A -frame sign may be double- sided."
No. 6, First paragraph, delete the comma after the word
"design" and the comma after the word "building ".
No. 7, change to read "A -frame signs in the public right -of-
way shall not be securely mounted to the ground."
Mr. Aguilera indicated that all the changes which he had noted
above were of a clerical or clarifying nature and did not
necessitate taking the sign ordinance back to the Planning
Commission for further review.
Mayor Lawrason opened the public hearing.
Colin Velasquez, 476 Los Angeles Avenue, addressed the Council
regarding his concerns about the limitation of pylon signs on
the Los Angeles Avenue commercial corridor. He said he
believed that 8 businesses should be allowed on one pylon
sign. He said this was necessary for his development for
proper advertising of the location of the businesses in his
center.
Eloise Brown, 13193 Annette Street, addressed the Council
regarding the signage on the Los Angeles Avenue commercial
corridor. She stressed the importance of proper signage for
all the businesses.
In response to Mayor Lawrason, Mr. Aguilera indicated that Mr.
Velasquez's business did not qualify for a pylon sign and he
was restricted to a monument sign. The restriction for a
pylon sign being a development of more than 50,000 square
feet.
Councilmember Wozniak indicated that he believed that the
Council needed to take a look at and consider the special
circumstances of Colin Velasquez's development and allowed
signage. Councilmember Wozniak indicated he would like to
take a look at possibly making a special exception regarding
the signage for Colin Velasquez's development. He also
indicated that as the staff report was missing from the public
binder and pages were missing from Councilmember Hunter's
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staff report, he would feel more comfortable continuing this
matter until the October 19th meeting.
MOTION: Councilmember Wozniak moved and Councilmember
Montgomery seconded a motion to continue the public hearing to
October 19, 1994; the public hearing to remain open. The
motion carried by unanimous voice vote.
CONSENSUS: By consensus, the Council determined to request
the sign condition requirements for the Velasquez development.
In response to Councilmember Perez, Mr. Kueny indicated that
staff would provide an exhibit showing the balance of the
current commercially zoned property along Los Angeles Avenue
including their frontages and dimensions.
10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Councilmember Wozniak requested an agenda item regarding
memorial dedication programs in the City, specifically related
to the dedication of a tree as a memorial for the death of a
City resident.
Mayor Lawrason announced Country Days would be held Saturday,
October 1, 1994, the parade to begin at 8:30 a.m.
He also indicated that compost bins would be available at
Country Days for $15.00. He also said the City is offering
Disaster Preparedness Training beginning October 4.
11. ACTION /DISCUSSION:
A. Consider an Appeal (Number 94 -5) by Pindler and Pindler
to Condition of Approval Number 10 for Minor Modification
Number 1 to Development Permit Number 305. Staff
Recommendation: Deny appeal number 94 -5, and uphold the
Director of Community Development's decision to require
the installation of the roof screening equipment within
1 month of Council consideration of this item (September
17, 1994) (Continued Item 11.F. from 8/17; Item 11.F.
from 9/7/94; Item ll.F. from 9/14/94)
Mr. Aguilera gave the staff report.
Bill Crawford, 11910 Poindexter Avenue, addressed the
Council representing Pindler & Pindler, Inc. He said
that his company would be amenable to providing the
requested screening after the property to the north of
their facility is developed.
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In response to Councilmember Perez, Mr. Crawford
indicated that the cost for the screening would be
approximately $32,000.
In response to Councilmember Hunter, Mr. Crawford said
they had no reservations to agreeing to the condition
when building to the north occurred.
Mr. Aguilera suggested that the Council determine a time
certain for the condition or require it when development
takes place.
In response to Council question, Mr. Aguilera confirmed
that the appropriate action would be to deny the project
without prejudice and allow the applicant to file a minor
modification.
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to deny the project without prejudice.
The motion carried by unanimous voice vote.
CONSENSUS: By consensus, the Council determined that they
would allow a three year deferral with a one year extension
but with the screening required at change of occupancy.
B. Consider Use of AC Construction Property for Recreational
Vehicle Storage. Staff Recommendation: Direct staff as
deemed appropriate. (Continued Item 11.0. from 9/14/94)
Councilmember Wozniak explained that he believes the AC
Construction site was a good place for recreational
vehicle storage.
Mr. Kueny suggested that staff work with Councilmember
Wozniak to process a temporary zone clearance to allow
recreational vehicle storage on the AC Construction
property. He said it would be placed on the City Council
agenda like a minor modification as a receive and file
item.
Councilmember Perez indicated it would be important to
give adequate notice to those storing their recreational
vehicles that it is a temporary permit situation.
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to direct staff to work with
Councilmember Wozniak to process a temporary zone clearance
and to place the item back on the City Council agenda as a
receive and file item. The motion carried by unanimous voice
vote.
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C. Consider Resolution in Support of Weldon Canyon Landfill
Initiative and Preparation of or Joining in an Amicus
Brief to Support the Initiative. Staff Recommendation:
Direct staff as deemed appropriate. (Continued Item
11.P. from 9/14/94)
Councilmember Montgomery indicated that at the present
time the appropriate action would be to take this item
off calendar.
MOTION: Councilmember Montgomery moved and Councilmember
Hunter seconded a motion to take this item off calendar. The
motion carried by unanimous voice vote.
D. Consider Appeal No. 94 -2 of Minor Modification No. 8 to
CPD 89 -2 (Mission Bell Plaza) on the Application of Shell
Oil Company. Staff Recommendation: Direct staff as
deemed appropriate. (Continued Item 11.H. from 7/6/94;
11.B. from 8/17/94; Item 11.D. from 9/7/94)
This item was taken off calendar.
E. Consider Worm Concern of American Inc. Conditional Use
Permit Appeal. Staff Recommendation: Direct staff as
deemed appropriate.
Mary Lindley gave the staff report.
Councilmember Montgomery said that the appeal was
scheduled to be heard by the County Environmental Review
Committee. He said concerns had been related by the Worm
Concern's neighbors. He said he felt some time was
needed for the principals to work out a solution for both
sides and suggested taking this item off calendar and
taking no action at this time.
Councilmember Montgomery said he felt it was recognized
that the Worm Concern was very important in helping to
meet AB939 targets.
Richard Morhar, 1450 Tierra Rejada Road, Moorpark,
addressed the Council regarding The Worm Concern. He
requested the Council's support for the Conditional Use
Permit.
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to take this item off calendar. The
motion carried by unanimous voice vote.
AT THIS POINT in the meeting, the Redevelopment Agency was
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reconvened jointly with the City Council to consider Item
11.F. of the City Council Calendar and Item 6.A. of the
Redevelopment Agency.
F. Consider Award of Contract for the Demolition and
Construction of the Dorothy Avenue Wall. Staff
Recommendation: 1) Approve the extension of 650 feet
west of Bard Street; 2) Award contract to Phil Carter
Company; 3) Authorize the City Manager to sign the
contract; and 4) Specify funding source for the
additional $44,000.
Ms. Lindley gave the staff report.
Mayor Lawrason indicated he had some reservations
regarding the extension of the wall at a cost of $26,000.
Mayor Lawrason expressed his reservations regarding
adding the extension of 650 feet to the project because
of the public funds which would have to be expended.
In response to Mayor Lawrason, Ms. Lindley confirmed that
the total cost of the project was $70,000.
He said he felt there needed to be more discussion on
this matter.
Councilmember Perez said that in discussions with the
residents he felt that this would be the opportune time
to complete the entire wall. He said he sensed that
there was Council /Agency support for the project. He
said as there is no urgency on this item, he would
suggest that it be continued and that Mr. Hayes provide
information on Agency funding for the project and that
the Council have an opportunity to request from staff any
further information on the breakdown of the project
costs.
Mayor Lawrason asked Councilmember Perez if in
discussions with the neighbors, anyone had expressed a
desire to join with the City in jointly paying for the
project.
Councilmember Perez indicated that there had been no
discussion of paying jointly for the project.
In response to Mayor Lawrason, Mr. Kueny indicated that
this project did not fit within the housing
rehabilitation program. He said in discussions with the
Mayor, he proposed that possibly the owners could share
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50% in the cost in the reconstruction of the wall with a
loan being advanced from the Redevelopment Agency to the
homeowners who qualified as low and /or moderate income
families. The loaned amount to be repaid when the
property ownership was changed.
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to continue this matter to a date
prior to the bid award unless an extension could be obtained
from the low bidder. The motion carried by unanimous voice
vote.
AT THIS POINT in the meeting, the Redevelopment Agency was
recessed. The time was 11:00 p.m.
G. Consider Resolution 94 -1067 Rescindina Resolution 94 -1042
and Adopting Fees. Rules and Regulations Governing Use of
the Arroyo Vista Recreation Center Gymnasium to be
Incorporated into the City's Rules and Regulations for
City Facilities. Staff Recommendation: 1) Approve the
recommended rules and regulations for the Arroyo Vista
Recreation Center Gymnasium; 2) Adopt Resolution 94 -1067;
3) Concur with the Moorpark Basketball Association
arrangement as contained in this report.
Ms. Adams gave the staff report.
In response to Mayor Lawrason, Ms. Adams reviewed the
rental fees with the Council. She also responded that
she would suggest reviewing the fees again in a year
after actual costs are known.
Councilmember Montgomery requested a review in six
months.
Councilmember Wozniak expressed that he believed the City
should guarantee the Moorpark Basketball Association
(MBA) 150 hours during their season for practices and
games. He said he felt that there were more Moorpark
residents involved in MBA than would use the gym during
open play.
Mr. Kueny went over the following changes to the
Resolution as follows:
1. Third recital changed to
94 -1042 does not provide
schedule for the Arroyo
gymnasium"
read "whereas, resolution
a rental policy or fee
Vista Recreation Center
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2. Section 3 would become Section 1.
3. Section 2 to be deleted.
4. Section 1 to become Section 2 and changed to read,
"the rules and regulations and fee schedule for
reservations/ use of the Moorpark Community Center
and the Arroyo Vista Recreation Center, including
the gymnasium, as attached in Exhibit A, is hereby
adopted."
5. The first Section 4 to be renumbered as Section 3.
MOTION: Councilmember Montgomery moved and Councilmember
Wozniak seconded a motion to approve Resolution No. 94 -1067 as
amended by the City Manager above; and to approve the
recommended rules and regulations for the Arroyo Vista
Recreation Center gymnasium; to concur with the Moorpark
Basketball Association arrangement as amended by Councilmember
Wozniak to guarantee them 150 hours during their season for
practice and games. The motion carried by unanimous voice
vote.
H. Consider the Status of the Filming Permit Process. Staff
Recommendation: Direct staff as deemed appropriate.
CONSENSUS: By consensus, the Council determined to continue
this item to October 5, 1994,
12. ORDINANCES:
A. Consider Second Readina and Adoption of Ordinance No. 195
- Amending Ordinance No. 189 to Add Article 19
"Carlsberg Specific Plan Land Use Regulations ".
Ms. Kane read the ordinance title.
MOTION: Councilmember Montgomery moved and Councilmember
Wozniak seconded a motion to waive further reading and declare
Ordinance 195 read for the second time. The motion carried by
voice vote 4 -1, Councilmember Hunter dissenting.
MOTION: Councilmember Montgomery moved and Councilmember
Wozniak seconded a motion to adopt Ordinance 195 as read. The
motion carried by voice vote 4 -1, Councilmember Hunter
dissenting.
B. Consider Second Reading and Adoption of Ordinance No. 19.6
- Zoning Ordinance Amendments to Modify Sec. 8111 -2
Entitlement to Create a Director of Community Development
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Moorpark, California Page 17 September 21, 1994
Approved Administrative Permit for 1) Second Dwelling
Units; 2) Second Floor Patio Decks; and 3) Accessory
Structures Greater than 120 Square Feet and Room
Additions.
Ms. Kane read the ordinance title.
MOTION: Councilmember Montgomery moved and Councilmember
Wozniak seconded a motion to waive further reading and declare
Ordinance No. 196 read for the second time. The motion
carried by unanimous voice vote.
MOTION: Councilmember Montgomery moved and Councilmember
Wozniak seconded a motion to declare Ordinance No. 196 adopted
as read. The motion carried by unanimous voice vote.
C. Consider Second Reading and Adoption of Ordinance No. 197
- Repealing Moorpark Municipal Code Chapter 5.72 Relative
to Rubbish Collection.
Ms. Kane read the ordinance title.
MOTION: Councilmember Hunter moved and Councilmember
Montgomery seconded a motion to waive further reading and
declare Ordinance No. 197 read for the second time. The
motion carried by unanimous voice vote.
MOTION: Councilmember Hunter moved and Councilmember
Montgomery seconded a motion to declare Ordinance No. 197
adopted as read. The motion carried by unanimous voice vote.
D. Consider Second Reading and Adoption of Ordinance No. 198
- Amending Section 2.12.120 of the Moorpark Municipal
Code, Providing that Written Contracts Made or Entered
Into by the City May be Signed by the City Manager or His
Designee.
Ms. Kane read the ordinance title.
MOTION: Councilmember Wozniak moved and Councilmember Hunter
seconded a motion to waive further reading and declare
Ordinance No. 198 read for the second time. The motion
carried by unanimous voice vote.
MOTION: Councilmember Wozniak moved and Councilmember Hunter
seconded a motion to declare Ordinance No. 198 adopted as
read. The motion carried by unanimous voice vote.
13. CLOSED SESSION:
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Moorpark, California Page 18 September 21, 1994
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to
subdivision (b) of Section 54956.9 of the Government
Code: (Number of cases to be discussed - four)
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c) of
Section 54956.9 of the Government Code: (Number of cases
to be discussed - one)
D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(pursuant to Subdivision (a) Government Code Section
54956.9) Name of Case: D. W. Burhoe Construction, Inc.
vs. City of Moorpark
MOTION: Council Member Montgomery moved and Council Member
Perez seconded a motion to adjourn to Closed Session for
discussion of those items listed above. The motion carried by
unanimous voice vote.
AT THIS POINT in the meeting, a recess was declared. The time
was 11:22 p.m.
The Council reconvened into Closed Session at 11:25 p.m.
Present in Closed Session were all Councilmembers, Steven
Kueny, City Manager; Richard Hare, Deputy City Manager;
Cheryl Kane, City Attorney.
Councilmember Montgomery left the meeting at 11:25 p.m.
The Council reconvened into Open Session at 11:41 p.m.
Mr. Kueny stated there was no action to report out of
Closed Session and only Council items 13.A., 13.B., and
13.D. were discussed.
MOTION: Councilmember Hunter moved and Councilmember Perez
seconded a motion to direct staff to reject the claim of Jose
Godinez and so notify the claimant. The motion carried by
voice vote 4 -0, Councilmember Montgomery absent for the vote.
14. ADJOURNMENT:
Mayor Lawrason adjourned the mee ing at 11:41 p.m.
�2-v C Paul W. Lawr on Jr., yor
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Moorpark, California Page 19 September 21, 1994
ATTEST:
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