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HomeMy WebLinkAboutMIN 1997 0507 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California May 7, 1997 A Regular Meeting of the City Council of the City of Moorpark was held on May 7, 1997 in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 7:05 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Captain Lewis. 3. ROLL CALL: Present: Councilmembers Evans, Perez, Teasley, Wozniak and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; Ken Gilbert, Director of Public Works; Captain Mike Lewis, Sheriff's Department; Mary Lindley, Community Services Director; Dirk Lovett, Assistant City Engineer; Nelson Miller, Director of Community Development; Don Reynolds, Administrative Services Manager; Nancy Burns, Management Analyst; Steven Hayes, Economic /Redevelopment Manager; Lillian Hare, City Clerk; and Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS AND COMMENDATIONS: A. Proclamation in Support of Renaissance Program. Mayor Hunter presented a proclamation in support of the Renaissance Program to Gabino Aguirre, principal of Community High School, and to Karen Keyes, Director of the Renaissance Program. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. AT THIS POINT in the meeting, the Council recessed to convene the Redevelopment Agency. The time was 7 :15 p.m. The Council reconvened at 7:30 p.m. Minutes of the City Council Moorpark, California Page 2 May 7, 1997 M. 7. PUBLIC COMMENT: Daniel Puccio, regarding signage by Mayor Hunter resolution of his Joe Piechowski, Takasugi, 12413 regarding various 555 Lucille Circle, addressed the Council at his pool supply store. He was encouraged to continue to work with staff regarding signage problem. Field Representative for Assemblyman Nao Willow Hill Drive, addressed the Council legislative bills. Tony Simon, 726 Nogales Avenue, addressed the Council regarding the negative impacts of the grading on the SDI site. He also indicated that the Tanner and Shenkel truck repair yard was operating illegally in Crawford Canyon. Lori Rutter, 11611 Pinedale Road, addressed the Council requesting that McDonalds remove their banner signs and complaining that the landscaping at the Lucky Shopping Center is "skimpy." She also requested that bicycle racks be installed at the new shopping center and that the police investigate skateboarding in the Lucky Shopping Center parking lot. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: In response to Mayor Hunter, Mr. Lovett provided an update on the extension of the median at Moorpark Road and Tierra Rejada. In response to Mayor Hunter, Mr. Gilbert provided an update of the retrofit of storm inlets and replacement of drainage grates. Mayor Hunter requested an item for the May 21, 1997 agenda. The item for consideration is the formation of an Ad Hoc committee to establish a customer service program. Mayor Hunter read announcements of upcoming events in the City. He also indicated that a proclamation had been signed for Hire - A- Veteran Week. 8. PUBLIC HEARINGS: A. Consider Formation of the Community Facilities District (CFD) for the Purpose of Constructing Various Public Improvements with an Estimated Cost of $11 Million to be Funded by a "Mello Roos" Bond Issuance Associated with Development of the "Carlsberg Project" Commercial and Industrial Area as Part of Specific Plan No. 1. Staff Minutes of the City Council Moorpark, California Page 3 May 7, 1997 Recommendation: Leave public hearing open and continue this item to May 21, 1997. (CONTINUED ITEM) PUBLIC HEARING REMAINS OPEN. Mr. Hare gave the staff report. He indicated that this item was not ready for action because of delays in processing at the County. He recommended that the hearing be closed and readvertised at a later date when the item was ready to be rescheduled. Mayor Hunter closed the public hearing. CONSENSUS: By consensus, the Council determined to take this item off calendar and reschedule the hearing at the appropriate time. B. Consider Request from A. Deewayne Jones, D.D.S., for General Plan Amendment 96 -2 from M (Medium Density Residential) to C-2 (General Commercial) on a Four Acre Parcel Located Contiguous with the Southwest Quadrant of Mission Bell - Phase 2 (Assessor's Parcel No. 511- 140 -13) . Staff Recommendation: If a properly executed agreement has been received, it is recommended to approve the resolution approving General Plan Amendment No. 96 -2 for a change in Land Use designation from M (Medium Density Residential) to C -2 (General Commercial). (Continued item) (PUBLIC HEARING CLOSED) Mr. Miller gave the staff report. MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to adopt Resolution No. 97 -1310 approving the General Plan Amendment No. 96 -2 for a change in Land Use Designation from M (Medium Density Residential) to C -2 (General Commercial) and to authorize the Mayor to sign the necessary documents. The motion carried by unanimous voice vote. Mr. Kueny left the meeting. The time was 8:00 p.m. C. Consider Approval of Vesting Tentative Tract Map No. 5081 on the Application of American Stores Properties, Inc. for a Subdivision of 11.8 Acres into Eight Lots of 2.5, .7, 4.1, 1.5, .6, .7, .9 and .8 Acres Located at the Northwest Corner of Tierra Rejada Road and Mountain Trail Street in the City, Assessor's Parcel No. 505 -0- 012 -41. Staff Recommendation: 1) Open the public hearing and accept public testimony and close the public hearing; 2) Determine 00W49 Minutes of the City Council Moorpark, California Page 4 May 7, 1997 that the effects of Vesting Tentative Tract Map No. 5081 have been adequately analyzed in the Mitigated Negative Declaration, Initial Study, and Mitigation Monitoring Program prepared for CPD 90 -2; 3) Make the appropriate findings as found in Resolution No. 97- ; 4) Add conditions 38 and 39 as described in the staff report and make a Finding that the portion of Lot K described in the staff report is surplus property which is land locked and has no value other than adjoining property, should be incorporated into the lot adjacent on the downhill side and disposition of the property would be consistent with the General Plan; 5) Adopt Resolution No. 97- recommending approval of Vesting Tentative Tract Map No. 5081 to the City Council. Mr. Miller gave the staff report. Mayor Hunter opened the public hearing. Cathy McCunney,no address given, representing M3 Civil Engineering addressed the Council and requested that Condition 30 be eliminated. She said she had no conceptual problem with Condition 38, it was just a little unusual. Regarding Condition No. 39, she requested that it be reworded to transfer ownership of the landscape parcel via a separate instrument. Lori Rutter, 11611 Pinedale Road, addressed the Council and expressed concern about subdividing the land. She also requested that the bicycle lane not be eliminated from the plan. Council and staff discussed the condition regarding the dual left turn lane (Condition No. 30). It was determined that the City Attorney should write new language for the Condition. CONSENSUS: By consensus, the Council determined to table this item and bring it back later in the evening to allow the City Attorney the time to revise Condition No. 30. 9. PRESENTATIONS /ACTION /DISCUSSION: A. 1996 Crime Statistics Presentation. CONSENSUS: By consensus, the Council determined to continue this item to May 21. Minutes of the City Council Moorpark, California Page 5 May 7, 1997 AT THIS POINT in the meeting, a recess was declared, the time was 8:40 p.m. The Council reconvened at 8:55 p.m. Mr. Kueny re- joined the meeting. The time was 8:55 p.m. * B. Consider Review of Mobile Home Rent Stabilization Ordinance (Moorpark Municipal Code Section 5.52). Staff Recommendation: Direct staff as deemed appropriate. Ms. Burns gave the staff report. Ms. Kane explained State law regarding Mobilehome residency. She indicated that State law covers items in leases and the rights of tenants. She indicated that with regard to the City Attorney's ability to review the leases for mobilehome residents, that under State law a City Attorney serves the City as a client and may not serve individuals. Alice Rowen, 15750 Los Angeles Avei the Council and requested them mobilehome rent control ordinance. the Council set up a mobilehome board. She provided the Council material. zue, Space #90, addressed to repeal the current She also requested that rent control mediation with additional written Charlene Miller, 15750 Los Angeles Avenue, #98, addressed the Council requesting the repeal of the current mobilehome rent control ordinance. She indicated that her space rent had increased 25% over the six years she has lived in the Villa del Arroyo Mobilehome Park. Maureen Feeney, 15750 Los Angeles Avenue, #22, addressed the Council regarding the rent increases in the Villa del Arroyo Mobilehome Park. She indicated she has resided in the Park since 1990. She brought pictures of the park which she provided to the Council. Don Grenier, 15750 Los Angeles Avenue, #60, addressed the Council regarding the rent at the Villa Del Arroyo Mobilehome Park. He requested a five year freeze on rents and then a modest increase of 1% a year after that. He indicated he served on the Villa del Arroyo Mobilehome Park Board. Kathy Navarro, 15750 Los Angeles Avenue, addressed the Council regarding the repeal of the current mobilehome rent control ordinance. She indicated that the rent increases 000351 Minutes of the City Council Moorpark, California Page 6 May 7, 1997 at the Villa del Arroyo Mobilehome Park are unfair. Frank Hilton, 15750 East Los Angeles Avenue, #23, addressed the Council regarding the exorbitant rent increases at the Villa del Arroyo Mobilehome Park. He indicated he was not in favor of repealing the current mobilehome rent control ordinance, but requested the readjustment of the provision allowing a yearly four percent rent increase. After Council discussion, the City Attorney, Ms. Kane, suggested that the Council might want to enact an urgency ordinance and enact a regular ordinance for first reading at the same time. MOTION: Mayor Hunter moved and Councilmember Evans seconded a motion to direct staff to create an urgency ordinance to be provided to the City Council at the May 21 meeting for adoption. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, Mr. Kueny left. The time was 10:10 P.M. C. Consider Approval of Vesting Tentative Tract Map No. 5081 on the Application of American Stores Properties, Inc. for a Subdivision of 11.8 Acres into Eight Lots of 2.5, .7, 4.1, 1.5, .6, .7, .9 and .8 Acres Located at the Northwest Corner of Tierra Rejada Road and Mountain Trail Street in the City, Assessor's Parcel No. 505 -0- 012 -41. Staff Recommendation: 1) Open the public hearing and accept public testimony and close the public hearing; 2) Determine that the effects of Vesting Tentative Tract Map No. 5081 have been adequately analyzed in the Mitigated Negative Declaration, Initial Study, and Mitigation Monitoring Program prepared for CPD 90 -2; 3) Make the appropriate findings as found in Resolution No. 97 -1311; 4) Add conditions 38 and 39 as described in the staff report and make a Finding that the portion of Lot K described in the staff report is surplus property which is land locked and has no value other than adjoining property, should be incorporated into the lot adjacent on the downhill side and disposition of the property would be consistent with the General Plan; 5) Adopt Resolution No. 97- recommending approval of Vesting Tentative Tract Map No. 5081 to the City Council. Ms. Kane read the new language of Condition 30 as follows: Minutes of the City Council Moorpark, California Page 7 May 7, 1997 The Developer shall prepare a traffic report studying the need for a second westbound left turn lane on Los Angeles Avenue at Tierra Rejada Road within 180 days after receipt of notice from the City Engineer; which notice shall be given within four years after the recordation of the map. If in the opinion of the City Engineer, based on the traffic study and other traffic guidelines, a second left turn lane is warranted, the Developer shall design and construct such improvements within the time period specified in a notice from the City Engineer to the Developer, such notice shall be given within 60 days after the City Engineer's receipt of the traffic report. The time period shall be 180 days or such longer period as the City Engineer deems necessary. Prior to the recordation of the map, the Developer shall provide sufficient surety to cover the estimated cost of the traffic study and improvements, as determined by the City Engineer, and the surety shall be in a form acceptable to the City. All costs of study, design, construction, City review and inspection shall be borne by the Developer. Mayor Hunter closed the public hearing. MOTION: Councilmember Wozniak moved and Mayor Hunter seconded a motion to determine that the affects of Vesting Tentative Tract Map No. 5081 have been adequately analyzed in the Mitigated Negative Declaration, initial study, and mitigation monitoring program prepared for CPD 90 -2; to make the appropriate findings as found in the resolution; to add Conditions 38 and 39 as described in the staff report and make a finding that the portion of Lot K described in the staff report is surplus property which is landlocked and has no value other than to the adjoining property, should be incorporated into the lot adjacent on the downhill side and disposition of the property would be consistent with the general plan; to adopt Resolution No. 97- 1311 approving Vesting Tentative Tract Map No. 5081 with the amended language for Condition 30 as read by the City Attorney above. The motion carried by unanimous voice vote. Mr. Kueny rejoined the meeting. The time was 10:21 p.m. C. Consider City Options for Animal Regulation Services. Staff Recommendation: Direct staff as deemed appropriate. Mr. Reynolds gave the staff report. 000 Minutes of the City Council Moorpark, California Page 8 May 7, 1997 Dee Dee Williams, 465 Bonnie View Street, spoke as a veterinary technician. She indicated her opposition to Los Angeles County taking over the Ventura County service of animal regulation. Lynne Owens, 4647 Adonis Place, addressed the Council in opposition to Los Angeles County providing animal regulation services in Ventura County. The Council discussed that they were keeping their options open by a vote on this item, not determining whether to contract with the County of Los Angeles or not. In response to Mayor Hunter, the City Attorney, Ms. Kane, stated that there was no reason for him to refrain from continued participation and discussion of this item because he works for the County of Los Angeles Sheriff's Department. CONSENSUS: By consensus, the Council determined to direct staff to explore the option of negotiating as a single entity or with the City of Simi Valley for Los Angeles County animal regulation services and with Ventura County animal regulation services; to report back to the Council no later than June 18. D. Consider Request for Arroyo Vista Community Park (AVCP) Conceptual Design Proposals. Staff Recommendation: That the City Council: 1) Reconfirm its desire to proceed with the conceptual design for AVCP Phase II and direction to hire a landscape architect, at a cost not to exceed $10,000; 2) Direct staff to prepare a Request for Proposal, incorporating the components identified in the staff report including the option to allow for the consideration of alternative locations for the football field in the park; and 3) Authorize staff to solicit proposals from landscape architects. Ms. Lindley gave the staff report. Cheri Ackermann, 4172 Willow Creek, addressed the Council and requested support for tennis courts at Arroyo Vista Community Park. Robert Pereira, 4074 Brindisi Place, addressed the Council and requested lighted tennis courts and a small building for tennis equipment at Arroyo Vista Recreation Center. In response to Council concerns regarding the landscaped south hills of the park, Mr. Kueny suggested working with Minutes of the City Council Moorpark, California Page 9 May 7, 1997 the School District to provide an access route from the high school campus which would protect the landscaping on the hills. MOTION: Councilmember Perez moved and Councilmember Teasley seconded a motion to reconfirm the City Council's desire to proceed with the conceptual design for Arroyo Vista Community Park Phase II with the direction to hire a landscape architect at a cost not to exceed $10,000; and to direct staff to prepare a request for proposal incorporating the components identified in the agenda report dated April 20, 1997 including the option to allow for the consideration of alternative locations for the football field in the park; and authorize staff to solicit proposals from landscape architects. The motion carried by unanimous voice vote. E. Consider Approval of a Use Agreement with Moorpark Girls Softball Association. Staff Recommendation: 1) Approve the proposed use agreement with Moorpark Girls Softball Association for use of the softball fields at Mountain Meadows Park for authorized practices and games and incorporating the provision outlined in the staff report, pending final language approval by the City Manager; and 2) Authorize the City Manager to sign the agreement on behalf of the City. Ms. Lindley gave the staff report. Tom Murray, 11797 Alderbrook Street, addressed the Council representing the Moorpark Girls Softball Association. He thanked the Council and City staff for preparing the use agreement and urged the Council's approval. In response to Mayor Hunter, Mr. Kueny said the storage area needs to be in a central location to serve both diamonds. He said it could be moved to the north of the backstop. It was also discussed that two smaller storage units, one at each backstop, would be appropriate. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to approve the use agreement with the Moorpark Girls Softball Association for use of the softball fields at Mountain Meadows Park for authorized practices and games and incorporating the provisions outlined in the agenda report dated April 23, 1997, pending final language approval by the City Manager and authorize the City Manger to sign the agreement on behalf of the City. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 10 May 7, 1997 F. Consider Summer Concert Series for FY 1997/98. Staff Recommendation: Approve the discontinuance of the summer concert series for FY 1997/98. Ms. Lindley gave the staff report. Lori Rutter, 11611 Pinedale Road, addressed the Council requesting that they continue the summer concert series. She suggested holding the concerts at 2:00 p.m. in the afternoon. John Oberg, 11786 Buttercreek Road, requested that the Council continue the concert series. Councilmember Teasley suggested reducing the number of concerts from 5 to 3 and holding them earlier in the afternoon. Councilmember Evans suggested a more limited schedule of concerts but with a focus on promotion rather than fund- raising. Councilmember Perez suggested holding the concerts at Poindexter Park. Councilmember Wozniak expressed his desire to continue with the concerts, but to reduce the number. CONSENSUS: By consensus, the Council determined that three summer concerts be held including the July 3rd celebration; the day for the other two to be Sunday; the time to be from 4:00 - 6:00 p.m.; and the location to be at Arroyo Vista Recreation Center; further, additional funding to be discussed during the budget deliberations. G. Consider Council Meeting Summer Recess. Staff Recommendation: Determine date for Council recess as either July 16 or August 6 and schedule no meetings in the interim until the next regularly scheduled meeting. Ms. Hare gave the staff report. CONSENSUS: By consensus, the Council determined to recess the City Council on August 6 and to schedule no meetings in the interim -- July 17 through August 19th. H. Consider Town Hall Meeting at High Street Location. Staff Minutes of the City Council Moorpark, California Page 11 May 7, 1997 Recommendation: Confirm the date and starting time for the next Town Hall meeting and a location on High Street. Ms. Hare gave the staff report. CONSENSUS: By consensus, the Council determined to confirm the date of the next Town Hall Meeting as June 7 at 9:00 a.m. at the Red River Fish and Steakhouse on High Street. I. Consider Request from Robert B. Sofsky Regarding a Waiver of the Moratorium on Permits for Businesses Which Sell Alcoholic Beverages. Staff Recommendation: Direct staff as deemed appropriate. Councilmember Teasley indicated she would leave the dais and not participate in this discussion because of the perception of a possible conflict of interest. The time was 11:40 p.m. Robert Sofsky, 5600 Lakeview Canyon, Westlake, addressed the Council and requested that they waive the moratorium on permits for businesses which sell alcoholic beverages. Ms. Kane suggested two options: 1) adopt an ordinance extending the moratorium at the next meeting along with first reading of the subsequent ordinance; or 2) adopt an urgency ordinance at the first meeting in June and also do first and second reading of the subsequent ordinance. Mr. Kueny suggested that the Council direct staff to advertise for an extension of the moratorium for the June 4 meeting and to include the two options suggested by the City Attorney in the staff report. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to advertise for the extension of the current ordinance for public hearings on June 4. The motion carried by voice vote 4 -0, Councilmember Teasley absent for the vote. AT THIS POINT in the meeting, Councilmember Teasley returned to the dais. The time was 11:59 p.m. J. Consider Interim Policy to Allow Director of Community Development to Approve Minor Exceptions or Deviations from the Code and Direct Staff to Prepare a Resolution to Initiate an Amendment to the Zoning Ordinance to Provide for Administrative Exceptions. Staff Recommendation: 1) Do Minutes of the City Council Moorpark, California Page 12 May 7, 1997 Approve an eighteen foot setback for Lot 8 of Tract 4174 subject to filing a Minor Modification by the developer. Authorize the Director of Community Development to approve the Minor Modification application without further review by City Council; 2) Adopt Resolution No. 97 -1312 to initiate a Code Amendment to consider establishing criteria, procedures and policy for an Administrative Exception; and 3) Approve an interim policy to allow Director of Community Development to approve a decrease /increase of up to ten percent (10 %) for required minimum setback, lot coverage and wall heights upon making findings of good cause. Mr. Miller gave the staff report. Wayne Colmer, 23875 Ventura Blvd, Calabasas, addressed the Council as the applicant. He requested that the Council approve the staff recommendation to allow the Director of Community Development to approve minor exceptions or deviations from Code. MOTION: Councilmember Perez moved and Councilmember Teasley seconded a motion to approve the staff recommendation approving an 18 foot setback for Lot 8 of Tract 4174 subject to filing a Minor Modification by the developer; to authorize the Director of Community Development to approve the Minor Modification application without further review by City Council; to adopt Resolution No. 97 -1312 initiating a Code Amendment to consider establishing criteria, procedures and policy for an Administrative Exception; and to approve an interim policy to allow the Director of Community Development to approve a decrease/ increase of up to ten percent (10 %) for required minimum setbacks, lot coverage and wall heights upon making findings of good cause. The motion carried by unanimous voice vote. K. Consider Reconsideration of Request by Madelaine Shenkel and Bill Tanner for the City to Initiate a General Plan Amendment to Amend the Land Use Element of the General Plan on 4.78 Acres, Located at 13991 Los Angeles Avenue (APN 513- 01 -22) from RH (Rural High 1 DU /5 Acres Minimum) to I -2 (Medium Industrial) and Zone Change from RE -1 Acre (Rural Exclusive 1 Acre Minimum) to M -2 (Limited Industrial). Ismael Chaidez, 13931 E. Los Angeles Avenue, addressed the Council in opposition to the Council's previous action on this item. 111 Minutes of the City Council Moorpark, California Page 13 May 7, 1997 Cliff May, 13853 E. Los Angeles Avenue, spoke in opposition to the action previously taken by the Council. He said the work to be done at night should be done in an enclosed area. James Owens, 4647 Adonis Place, addressed the Council indicating that reconsideration of the previous action is right and proper. He said the Municipal Code should be enforced and the previous action rescinded. MOTION: Mayor Hunter moved and Councilmember Perez seconded a motion to reconsider this item. The motion carried by unanimous voice vote. Reconsideration of Vote on Request by Madelaine Shenkel and Bill Tanner for the City to Initiate a General Plan Amendment to Amend the Land Use Element of the General Plan on 4.78 Acres, Located at 13991 Los Angeles Avenue (APN 513- 01 -22) from RH (Rural High 1 DU /5 Acres Minimum) to I -2 (Medium Industrial) and Zone Change from RE -1 Acre (Rural Exclusive 1 Acre Minimum) to M -2 (Limited Industrial). Councilmember Wozniak indicated that the applicant had acted in contradiction to their agreement on the day following the meeting of April 16. He said the very next day he saw a structure being built on the property. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to adopt Resolution No. 97 -1313 rescinding Resolution No. 97 -1304 and the Council's previous action on this matter. The motion carried by unanimous voice vote. L. Consider Report from the Ad Hoc Moorpark Mosq� Recommendation: working with District. to Abatement D Committee Regarding the strict (MMAD) . Authorize the Ad Hoc Committee to MMAD regarding their operation Mr. Hare gave the staff report. Staff continue of the Eloise Brown, 13193 Annette Street, addressed the Council and recommended the dissolution of the District. Councilmember Evans suggested a resolution to LAFCO to petition for dissolution of the District. CONSENSUS: By consensus, the Council determined to direct staff Minutes of the City Council Moorpark, California Page 14 May 7, 1997 to prepare an agenda item for the next meeting showing that the same level of service provided by the Moorpark Mosquito Abatement District would be maintained or enhanced and its employees retained and allowing a petition to go forward to LAFCO for dissolution of the District. M. Consider Appointment to Moorpark Mosquito Abatement District (MMAD) to Fill Unexpired Term to Expire January 31, 1998. Joe Piechowski, 12413 Willow Hill Drive, addressed the Council requesting their support of his application for appointment to the Moorpark Mosquito Abatement District. He indicated he would recommend dissolution of the District. NOMINATION: Mayor Hunter nominated and Councilmember Wozniak seconded the nomination of Joe Catrambone. The motion failed by roll call vote 2 -3, Councilmember Evans, Perez and Teasley dissenting. NOMINATION: Mayor Hunter nominated Paul Smith. The motion died for lack of a second. NOMINATION: Mayor Hunter nominated Joe Piechowski. The motion died for lack of a second. NOMINATION: seconded t h roll call dissenting. Mayor Hunter nominated and Councilmember Wozniak e nomination of Dale Parvin. The motion failed by vote 2 -3, Councilmembers Evans, Perez and Teasley NOMINATION: Mayor Hunter nominated Tom Wheeler. The motion died for lack of a second. NOMINATION: Mayor Hunter and Councilmember Wozniak seconded the nomination of Eloise Brown. The motion carried by roll call vote 4 -1, Mayor Hunter dissenting. 10. CONSENT CALENDAR: MOTION: Councilmember Evans moved and Councilmember Teasley seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of the Joint Meeting of the City Council and the Planning Commission of February 26, Minutes of the City Council Moorpark, California Page 15 May 7, 1997 1997. Consider Approval of Minutes of the Special Meeting of the Citv Council of March 12, 1997. Consider Approval of Minutes of the Special Meeting of the Citv Council of March 19, 1997. Consider Approval of Minutes of the Special Meeting of the City Council of April 2, 1997. Consider Approval of Minutes of the Joint Meeting of the City Council and the Moorpark Unified School District Board of Education of April 9, 1997. Consider Approval of Minutes of the Special Town Hall Meeting of the City Council of April 12, 1997. Consider Approval of Minutes of the Special Meeting of the City Council of April 16, 1997. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register. Manual Warrants 33374 - 33384, 33415 -33416 $ 25,260.24 Voided Warrant 33156 $ (2,000.00) Regular Warrants 33385 - 33414, 33417 -33510 $162,584.49 Staff Recommendation: Approve the Warrant Register. C. Consider Approval of a Certificate of Acceptance for a Grant Deed from the Buttercreek Homeowners Association for the Parkway Parcel on the North Side of Tierra Rejada Road, East of Walnut Creek Road. Staff Recommendation: Approve the Certificate of Acceptance for the subject Grant Deed and authorize the City Clerk to send said documents to the County Recorder for recordation. D. Consider 1) Approval of Cooperative Agreement No. 4374 Between the City of Moorpark and Caltrans, Pertaining to the Preparation of the Design for a Project to Widen the New Los Angeles Avenue Bridge Across the Arroyo Simi, and 2) Authorize the City Manager to Sign Said Agreement. Staff Recommendation: Approve the Cooperative Agreement 111 . Minutes of the City Council Moorpark, California Page 16 May 7, 1997 between the City and Caltrans subject to final language approval by the City Attorney and the City Manager, and authorize the City Manager to sign said document. E. Consider Approval of an Increase to the Project Costs for the Construction of a Paved Road, Bike Path and Related Improvements at Arroyo Vista Community Park. Staff Recommendation: 1) Approve an increase to the construction costs (including change orders) from $187,347.91 to $218,734 ($31,386.09 increase); 2) Approve a revised project contingency in the amount of $10,936 (approximately 5% of the revised construction costs) and authorize the City Manager to approve additional work, if required, for an amount not to exceed said amount; 3) Adopt Resolution No. 97 -1314 amending the budget as described in the staff report. F. Consider Resolution No. 97 -1315 Authorizing Staff to Apply for Community Service Employment Program for Older Americans, Title III Funding. Staff Recommendation: Adopt Resolution No. 97 -1315 authorizing staff to apply for Community Service Employment Program for Older Americans, Title III funding. G. Consider AB 207 (Frusetta) Regarding Victim and Witness Protection, AB 247 (Scott) Regarding Local Control of Firearm Sales, AB 869 (Floyd) Regarding Smoking and Tobacco Control in Bars and Bar Areas, AB 1223 (Strom - Martin) Regarding Parks and Recreation Employee and Volunteer Fingerprinting, and AB 1512 (Shelley) Regarding Expansion of the Bottle Bill to Include Additional Redemption Items. Staff Recommendation: Support AB 207, AB 247, AB 1223, AB 1512, and oppose AB 869 and direct the Mayor to write a letter to the appropriate Legislative Committee expressing the City's position. H. Consider Building Code Effectiveness Grading Schedule. Staff Recommendation: 1) Direct staff to implement any or all of the three education options outlined in the staff report; and 2) Receive and file the report. I. Consider Request to Join Amicus - Penn Pacific Properties, Inc. v. City of Oceanside, et al.(Issues of Ripeness and Standard of Review for Legislative Actions). Staff Recommendation: Join amicus. J. Consider Project Leads from State Trade and Commerce 11 Minutes of the City Council Moorpark, California Page 17 May 7, 1997 Ate. Staff Recommendation: The Economic Development Committee and staff recommend that the City Council direct staff not to respond unless the proposed use can be accommodated on a site that currently has the appropriate zoning and is consistent with the allowed uses and standards of the zoning district for the candidate site(s). It is also recommended that staff be further directed to use its discretion in suggesting other sites with the inclusion of appropriate qualification language concerning zoning and land use. 11. ORDINANCES: A. Second Reading of Ordinance No. 226, An Ordinance of the City Council of the City of Moorpark, California, Approving Zone Change No. 96 -1, Changing the Zoning on a Four Acre Parcel Located Contiguous with the Southwest Quadrant of Mission Bell - Phase 2 (Assessor's Parcel No. 511 - 140 -13) from R -1 -8 (Single Family Residential, 8,000 Square Foot Minimum) to CPD (Commercial Planned Development) on the Application of A. Deewayne Jones. Ms. Kane read the ordinance title. MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to waive further reading and declare Ordinance No. 226 read for the second time. The motion carried by unanimous voice vote. MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to declare Ordinance 226 adopted as read. The motion carried by unanimous voice vote. 12. CLOSED SESSION: The City Attorney announced the Council would be going into Closed Session under Item 12.A. and 12.B. and under 12.A. she announced that the facts and circumstances creating significant exposure to litigation, which facts and circumstances are known to potential plaintiffs consist of Mr. Bromiley's indicated interests in property on Spring Road for which there is a moratorium on industrial development. MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to adjourn to Closed Session for a discussion of Items 12.A. and 12.B. as stated by the City Attorney and listed below: Minutes of the City Council Moorpark, California Page 18 May 7, 1997 A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) to pursuant to: (Number of cases to be discussed - 7) 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 - 7) The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 1:15 a.m. The Council reconvened into Closed Session at 1:21 a.m. Present in Closed Session were all Councilmembers, Steven Kueny, City Manager; Richard Hare, Deputy City Manager; and Cheryl Kane, City Attorney. The Council reconvened into Open Session at 1:39 a.m. Mr. Kueny stated only Item 12.A. and 12.B. were discussed and there was no action to report. 13. ADJOURNMENT: Mayor Hunter adjourned the ATTEST: