HomeMy WebLinkAboutMIN 1990 0103 CC REGMINUTES OF T11F. C UrY COUNCIL
Moorpark, California
January 3, 1990
A Regular Meeting of the City Council of the City of Moorpark, California
was hel(i on J =_nuary 3, 1990 in tlio Council Chambers of City Hall of said
City, located :t 799 Moorpark Avenuc-, Moorpark, California.
1. CALL TO CRDER
The Meeting was called to order at the hour of 7:10 p.m. by Mayor Paul
Lawrason.
2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by City Clerk Lillie Kellerman.
3. ROLL CALL
Present: Counci.lmembers Eloise Brown, Clint Harper, Scott Montgomery,
Bernardo Perez and Mayor Pnnl. Lawrason.
Steven Kueny, City Manager; Cheryl Kane, City Attorney; Pat
Richards, Director of Ccmmunity Development; Phil Newhouse,
Director of Commis. city Services; Lillie Kellerman, City
Clerk; Richard Hare, Deputy City Manager; John Knipe,
Assistant City Engineer; Susan Cauldwell, Administrative
Assistant; Don ReynOlds, Management Analyst; Lt. Rodriguez,
S;:eriff:'s Department; Ken Gilbert, Director of Public Works;
and Sally Coons, Secretary.
4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS
None.
5. REORDERING. OF, AND ADDITIONS TO, „liE AGENDA
City Manager. Ktieny requested that the Council consider adding to the
agenda, as a matter of necessity having arisen since the posting of
the agenda, kitchen equipment for the Senior Center Project.
MOTION: Councilmember Brown moved and Corm cilmemhe.r Harper seconded a
motion to acid Agenda Item 11.11. - Kitchen Equipment for the Senior
Center Project - as a matter of necessity having arisen since the
posting of the agenda. The voice wns unanimosts.
6. PUBLIC COMMIENTS
A. Mi-.-.h�,l F. Kahn (300 Fsplan,,ide Urite, Oxnnrd) Counsel for the
Ox':;r. F.iIbor Di.st:rict, :�ddr s (cl t (, (:oun(- iI in opposition to
Lhe �,-cposal by the cities of. ;lxnnrd and Port. Hueneme to reduce
tht- l)ci IT) �i; ?ries of the Oxnnr(J 1!- lrt,or 1)ist.7- ict I coincide wiLh the
Minutes of the City Council
Moorpark, California -2- January 3, 1.990
boundaries of the two cities. A major objection is that the
proposal before LAFCO to detach over 119,000 acres, including the
City of Camarillo and portions of the City of Thousand Oaks, will
eliminate these areas from having a voice in the operation of the
commercial port. Additionall.v, the detachment will be determined
without allowing the people in these areas to vote on the
proposal. Mr. Kahn urged the Council. to consider the impacts of
the Oxnard Harbor District oti the City of Moorpark and support
the District's position to enlnrge its current boundaries.
B. Dick Veltheon (250 N. Venturn Road, Port Hueneme) City Manager
for the City of Port Hueneme, addressed the Council in favor of
the proposal before LAFCO to reduce the boundaries of the Oxnard
Harbor District to coincide with the boundaries of the cities of
Oxnard and Port Hueneme. He. ndvi.sed that the proposal -is being
made because the present boi.tndaries of the District do not relate
to the activities, nor the impacts, of the Harbor District. He
further justified the proposal by advising that the Harbor
District is located completely within the City of Port Hueneme,
which in turn is completely surrounded by the City of Oxnard;
that the Harbor District is serviced by the infrastructure and
services paid for by the residents of the cities of Oxnard and
Port Hueneme; and that the 11--trbor District Commissioners should
answer to those affected most, and currently only one
Commissioner presently lives Within the area most affected. He
urged the Council to support the cities of Oxnard and Port
Hueneme in their petition to LAFCO to reduce the boundari.r_s of
the Oxnard Harbor. District.
C. Tom Zanic (520 Broadway, Santn Monica) representing Urban West
Communities,
addressed the Council in favor of
Staff's
recommendation on Agenda Item 11.A.
- Grading for South Meadows
Park; and
in favor of St.nff's
recommendation,
with two
exceptions,
on Agenda Item 11.C. -
Grading Quantities
for West
Village -
PC -3. The Council concurred
that Mr..
Znnic be
recognized
for additional comments
at the time this
item is
considered.
D. George Shakiban (4910 Fnifield Avenue, Encino) owner of Varsity
Park Plaza, addressed the. Coimcil concerning Agenda Item 8.I. -
PD -897 Minor Modification No. 2 - advising that he was opposed to
Staff's recommendation to deny his request for a sign
modification, explai.ni.ng t.hal. the stores in the Plaza needed more
visi.bi.l.ity to the street..
E. Jack Phillips (1616 Somerset. Avenue, Cardiff) representing C. K.
Enterprises, advised that. he wns available to answer questions
concerning agenda item 8.0 - Final Map and Agr (,ement to
Construct Improvements - Tr=ict A081 (Colmer).
7. COMMITTEE REPORTS
None.
Minutes of the City Council
Moorpark, California -3-
8. CONSENT CALENDAR
January 3, 1990
MOTION: Councilmember Harper movo.d and Councilmember Montgomery
seconded a motion to approve Conse.rrt. Calendar ftems li.sted below. The
motion carried by unanimous roll <.:rll vote.
B. Consider approval of Warrant Register 1989/90
- Prepaid Warrants Nos. 10819 •- 10824 $46,441.89
1.0889 10895
- Payable Warrants Nos. 10909 -- 10959 $70,924.95
C. Consider Approval of Final_ Map and Agreement___to Construct
Improvements -_ _Tract _- 4081 (Colmer). Staff Recommendation:
Approve the map recordation.
F. Consider Moorpark Avenue-Pavement Overlay between Hig_h__S_tr_ee_tand
Poindexter. Staff Recommendation: Receive and file.
G. Report on City_ Manager Approved...Office Equipment Service
Agreements. Staff Recommendation: Receive and file.
H. Consider Rq_uest for Amicus Support AIU v. Superior Court. Staff
Recommendation: Authorize Amicrns letter.
The following items were pulled for individual consideration by the
Council:
8.A. Consider approval of the minutes of the Regular Cif Council
Meeting of December 6,1989. Staff Recommendation: Approve the
minutes as processed.
Councilmember Brown requested correction to the two occasions in
the Minutes where Mayor l,nwrnson was referred to as
"Councilmember Lawrason ".
MOTION: Councilmember Brown moved anal Councilmember Harper seconded a
motion to approve the Minutes of f)pcnmber 6, 1989, as amended. The
voice vote was unanimous.
8.D. Consider Acceptance of improvements and Bond Exoneration_- Tract
3306 (Glenhayen). Staff Recommondnt. ion: Accept improvements and
exonerate bonds.
In response to concerns expressers by Councilmember Brown, City
Attorney Kane advised that, it would not be appropriate to
withhold approval of the ex,)nerat.ion of bonds for the public
improvements while an investigni ion of the recent chimney fires
is conducted.
Minutes of the City Council
Moorpark, California -4- January 3, 1990
MOTION: Councilmember Perez moved and Councilmember Montgomery
seconded a motion to accept improvements and exonerate bonds for Tract
3306 (Glenhaven). The voice vote wns rrnnnimous.
8.F.. Consider Reimbursement of Construction Costs for Storm Drain in
Spring Road - PD 1064_(TOPA1. Staff recommendation: Approve
developer reimbursement.
In response to Councilmember Brown, Assistant City Engineer John
Knipe advised that the reimbursement before the Council is for
the storm drain in Spring Read, to he reimbursed from the Los
Angeles Avenue A.O.C. funds.
By consensus, the Council recognized Paul Gienger of Topa, who
responded to concerns expressed by Councilmember Brown, advising
the Council. that Topa has posted $15,000 with the City to secure
performance regarding the installation and /or replacement of
sidewalks at the northeast corner of Spring Road and New Los
Angeles Avenue. Currently, Topa is negotiating with the property
owners across the street from the Plaza for the installation of
sidewalks rather than pursuing the option to replace their own
sidewalks in the Plaza. He ndvised this project is moving along
as quickly as possible.
MOTION:_ Councilmember Brown moved and Councilmember Harper seconded a
motion to approve reimbursement to Topa Management Corporation in the
amount of $132,494 for the construction of the reinforced concrete box
along the east property line of their project at the southwest corner
of Los Angeles Avenue and Spring Road. The roll call vote was
unanimous.
8. I . Planned Development-_ Permit No. PD-897 _ Varsity Park P1_ aza)- -
Minor Modification No. 2. Staff Recommendation: Receive and
file.
By consensus, the Council recognized George
Shakiban
(owner
of
Varsity Park Plaza) who advised the Council
it is his
intent
to
modify the sign, not to replace it with a
monument
sign.
In
addition, he advised that it his intent
to submit
plans
for
expansion within one montl► to add additional buildings to
the
Varsity Park Plaza site.
MOTION: Councilmember Montgomery moved and Councilmember Harper
seconded a motion to table this itom until later in the meeting after
Staff can determine whether an appeal of the decision of the Director.
of Community Development to deny '.he modification of the sign can be
reagendi.zed as an action item or whether it must go to a public
hearing. The voice vote was unnninxms.
8.J. Planned Development Permit_ Flo. 1,064 _-(Gateway Plaza)__ - _._Minor
Modification No. 2. Staff Recommendation: Receive and file.
In response to Councilmember Brown, Director of Community
Development Richards advis(,d ghat. approval of the Minor
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Moorpark, California -5- January 3, 1990
Modification is conditioned that: when the Chinese restaurant
ceases operation (and is not replaced by an Asian restaurant),
the doors shall be replaced by two glass doors which would match
the design of the center as oiiginally brnilt..
MOTION: Councilmember Brown moved and Councilmember Montgomery
seconded a motion to replace the word "shall." with the words "may be ".
The motion carried, with Counc.ilmembers Harper and Perez dissenting.
8.K. Consider _ Contract for Landscape Architec_tural_Services for the
Design of the Tierra Rejada_ Medians_ Staff Recommendation:
Approve the contract and author i •re title Mayor to execute..
Council discussion included revisions to Exhibit "A" of the
Landscape Design Services Agreement as follows:
1. Item F. - Ownership of Docriments - Change to read, "One
reproducible set of final documents shall be furnished
to Owner."
2. Item A. - Last Paragraph - Eliminate first sentence;
change second sentence to read, "The Landscape
Architect shall not be responsible for construction
contractor's errors or omissions or failure to perform
in accordance with c-ontract documents."
3. That the Mayor would r'xe.clrt.e all documents on behalf of
the City.
CONSENSUS: By consensus, the Council determined to table this item
until later in the meeting to allow the City Attorney to review the
proposed agreement.
9. PUBLIC BEARINGS
None.
10. COMMENTS FROM COUNCILMEMBERS
Regarding the Moorpark Avenue pavement. overlay between High Street and
Poindexter., Councilmember Perez requested that the City Engineer
contact Caltrans about widening tho street since currently pedestrians
must go into traffic in order to r,ross the street.
In response to Councilmember Brown, Assistant City Engineer John Knipe
advised that he was aware that the work being done on Highway 118 near
the Spring Road intersection was being performed at night. Caltrans
had stipulated to Topa (the developo.r doing the work) that the work in
the intersection must be accompl.islcorl daring the night.
Councilmember Brown directed that. the City Engineer check into the
sign posted at Spring and Highway 118 that allows "U" turns because it
was her opinion that they could not be negotiated safely.
Minutes of the City Council
Moorpark, California -6-
January 3, 1990
Mayor Lawrason expressed concern regarding the recent chimney fires
and requested this be agendized for future discussion by the Council.
Additionally, Mayor Lawrason advised that he rode with a Sheriff's
Deputy on his patrol and found the officers to be very professional in
carrying out their duties. lie commowled the Sheriff's Department for
their excellent job.
11. DISCUSSIONJACTION ITEMS
11.A. Consider GradinR__and_Improvement of .South Meadows Park_
Staff Recommendation: D:i.rer.t. Staff as deemed appropriate.
(Con't. from 12/20 Item ll.B.)
Director of Community Services, Phil Newhouse, reviewed the Staff
Report dated November 30, 1989 . regarding alternatives to resolve
the drainage problem envisioned for South Meadows Park.
Council discussion included concern with the number of surface
drains, both for safety and mni.ntenance, and lighting of the
tennis courts so close to backyards.
In response to Councilmember Harper's suggestion and
Councilmember Montgomery's question as to the feasibility of
relocating the tennis courts and ball fields to North Meadows
Park, leaving South Meadows n passive park, Director of Community
Services Newhouse advised that this alternative had been studied
and it would require the el.i.minat: ion of one ball field, but there
would be ample room for two soccer fields and one softball field.
City Manager Kueny advised, however, that Urban West Communities
was not willing to relocate taco bark facilities to North Meadows.
Director of Community Services Newhouse suggested that the tennis
"waiting area" located mid -way in the four coiirts, be eliminated
in favor of a small picnic pAVilion.
Alternate A - Develop the park as currently proposed by Urban
West Communities - was amended to include moving the drain in the
open area at the west end of the park further west; and moving
the clean out at the east end of the open area further east;
changing the vinyl fence fabric: Around the electrical panel from
black to green to match r.hr� tennis court; allowing staff
flexibility to move the surface drains to mitigate their presence
in the open area; and replacing the. tennis pavilion (waiting
area) with a picnic pavilion.
MOTION: Councilmember Brown moved and Councilmember Perez seconded a
motion to approve Alternate A, as amended. The motion carried with
Councilmember Montgomery dissenting.
AT THE HOUR OF 4:01 P.M., Mayor. Lawrason declared a recess. The meeting
reconvened at the hour of 9:30 p.m.
8.I. Planned Development .Permit No. PD -897
_ (Va.rsityPark Plaza ) __-
Minor Modification No. 2.
Minutes of the City Council
Moorpark, California -7-
January 3, 1990
City Manager Kueny advised that if the applicant appeals the
Planning Director's decision regarding the sign modification, it
would require a public hearing; however, it was reported that the
applicant has advised he desires to withdraw his application for
n sign revision at this time, and will instead make the sign
revision a part of the Major Modification to be filed within one
month, which will also inclndp the construction of additional
buildings on the site.
MOTION: Councilmember Montgomery moved and Councilmember Harper
seconded a motion to receive and file. The voice vote was unanimous.
11.B. Cc
Staff
(Con It.
nsider Locations for Picnic Pavilions at all City Parks.
Recommendation: Direct staff as deemed appropriate.
from 12/20, Item 1.1..0 )
MOTION: Councilmember Brown moved and Councilmember harper seconded a
motion to continue this item to the next regular meeting. The voice
vote was unanimous.
H.C. Consider Additional __Grading Quantities for West Village -
PC -3 Urban West Communities). Staff Recommendation Approve
the recommended grading plan. (Con't from 12/20, Item 11.D.)
After review of the staff report. by Assistant City Engineer John
Knipe, the Council concurred to hear from Tom 7anic, Urban West
Communities, who advised that: tJWC agreed with the Staff Report
dated November 28, 1989 with th0. exception of the requirement for
a 5 -year bond which, in UWC's opinion, was excessive; and that
UWC world agree to return to the South V.i.11age multi-family site
up to the same amount of dirt. ghat is "borrowed" from the site at
the time of construction, rather than within a time frame
approved by the Council (as sated in the staff report).
After discussion, Staff's recommendation was amended to include
approval of:
1. The basic grading plan to nti.lize only the West and South
Village multi - family parcois as borrow sites;
2. That the stockpiler) 40,000 cubic yards on the West Village
multi - family site he approved for removal to Tract 4341 -2
and 3;
3. The developer to submit: revised grading plans and pay all
applicable fees for the City Engineer and the Director of
Community Development to approve the following:
a. The proposed borrow plan for the South V.i.11age
multi- family site with terracing;
b. The revised elevations in Tract 43431 -2 & 3 not to
exceed two (2) feet below existing approved elevations;
Minutes of the City Council
Moorpark, California -8-
January 3, 1990
C . Revised borrow plan for the West Village commercial
site.
4. That the haul route across Mountain Trail Street be approved
by the City Engineer with all necessary traffic control
prior to commencement of grading operations on the South
Village multi- family Site;
5. That UWC be required to repair to original condition,
satisfactory to the City Engineer., any and all damage to
Mountain Trail Street and the existing bond to remain in
effect for 5 years following completion of this work to
cover any possible future damage;
6. As determined by the Council, UWC agrees to return (import)
to the South Village multi.- family site up to the same amount
of dirt that Is "borrowed" from the site at time of
construction. This dogs not preclude the Council from
requiring additional. export from the South Village
multi- family site determined as part of any approval action
of a PD for this site; and
7. The issue of import or export from the South Village
multi - family site does not. modify UWC's current obligation
to complete construction of multi - family dwelling units
pursuant to conditions of approval for the West Village
(Tracts 4340, 4341 and 4'147).
8. That UWC be required to contact each utility in the area of
the truck crossing on Mountain Trail Street and receive
written response from each utility that they have tested
their respective facilities and are found to be in proper
operating order. These written responses to be submitted to
the City Engineer prior t:o exoneration of the bond for
Mountain Trails Street. Tt. Is understood that any problems
found during this test procedure will be resolved by the
respective utility and [1W(' prior to exoneration of street
bonds.
MOTION: Councilmember Harper moved and Counc.ilmember Montgomery
seconded a motion to approve Staff's recommendation, as amended. The
voice vote was unanimous.
11.D. Consider Proposed Master__ Plan of Development for Griffin
Park. Staff Recommendation: Approve Master Plan as recommended
by the Parks and Recreation Commission (Con't from 12/20, Item
11.E.)
After discussion, the proposed master plan was modified to
include:
1. One full- length lighted basketball court;
2. One picnic pavilion - 30' in diameter;
3. Two (2) additional picnic tables with trash receptacles;
Minutes of the City Council
Moorpark, California -9- January 3, 1990
4. Landscaping - trees and hedge (not Oleander) along the south
and west sides of the park;
5. Playground equipment for children aged 5 and under;
6. Concrete sidewalk approximately 980 linear feet;
7. Concrete curbing /playground - 200 linear feet;
8. Six (6) security lights;
9. Park sign to be removed and not relocated;
10. Two (2) sand volleyball courts.
MOTION: Councilmember Harper moved and Councilmember Brown seconded
a motion to approve Staff's recommendation, as amended. The voice
vote was unanimous.
11.E. Consider Report on Community_Development Block Grant Funding
for 1990/91. Staff Recommendation: Determine general priorities
for allocation of 1990/91 funding and direct staff to process
requests for proposals.
Management Analyst Don Reynolds reviewed the staff report dated
December 28, 1989.
MOTION: Councilmember Harper moved and Councilmember Brown seconded a
motion to approve the Staff recommendation to publicize the
availability of funds, including staff's funding recommendations, and
receive requests for proposals from qualified eligible non - profit
groups for Affordable Housing and Public Service consistent with the
time frame contained in Attachment A; and to develop possible uses for
the staff proposed $74,000 appropriation for Affordable Housing
Programs.
After discussion concerning the possible misconception that might
be created by publicizing Staff's funding recommendations, City
Manager suggested that the advertisement reflect the total
estimated CDBG Funds available; the three objectives of the
program (to benefit low and moderate income persons; to eliminate
slum and blighted conditions; and to address health and safety
needs posed by an urgent situation); and that up to 15% of the
total funding is available fov public services.
MOTION AMENDMENT: Councilmember linrper moved and Councilmember Brown
seconded an amendment to the motion to incorporate the City Manager's
recommendation on the publication of available CDBG funds. The voice
vote was unanimous.
11.F. Consider Support_ing the Cities of Ox_n_ard and _Port Hueneme in
their Application to LAFCO to Reduce the Boundaries of the Oxnard
Harbor District._ Staff Recommendation: Direct Staff as deemed
appropriate.
The Council expressed opinions, pro and con, regarding District
expansion, including: that any city along the transportation
corridor should be part of the District; that the inclusion of
the entire County was too ambitious; and that Commissioners for
Minutes of the City Council
Moorpark, California -l0 January 3, 1990
the Oxnard Harbor District should he elected by district and not
at- large.
MOTION: Councilmember Brown moved and Councilmember Harper seconded a
motion to direct that the Mayor send a letter to LAFCO supporting the
expansion of the Oxnard Harbor District; recommending that
Commissioners of the Oxnard Harbor District be elected by division and
not at- large; and that a copy of the letter be sent to all the cities
in Ventura County. The motion carried with Mayor Lawrason dissenting.
11. G. Consider Contract for Aerial_ Photography Services. Staff
recommendation: Approve Contract.. and Authorize Mayor to execute.
Director of Public Works Ken Gilbert reviewed the staff report
dated December 26, 1989.
Councilmember Brown expressed reluctance to approve this $50,000
expenditure which will likely not be credited toward matching
funds on the Highway 118 extension project. She requested the
Council consider postponing nct:ion on this item until she could
talk to the Ventura County 'Transportation Commission regarding
the possibility of recording this expenditure in 1990 dollars for
consideration of matching funds in the future.
MOTION: Councilmember Harper moved and Councilmember Montgomery
seconded a motion to approve Staff's recommendation to approve the
increase in the scope of work to include topographic mapping required
for Arroyo Vista Park; to approve the attached Agreement for Aerial
Photographic Services and authorize the Mayor to execute same; to
approve a ten percent (10 %) project: contingency and authorize the City
Manager to approve up to ten percent (10 %) above the contract amount
in the event changes are found to be necessary during implementation
of the contract; and to appropriate $9,100 from the Park Improvement
Fund (Fund 05) for the aerial topographic mappi.ng of Arroyo Vista Park
and direct staff to establish a line item in the capital improvement
budget for this work. The Motion carried by roll call vote with
Councilmember Brown dissenting.
11.H. Consider Modification to Kitchen Equipment for Senior Center
Project
Director of Community Services Phil [Newhouse advised that the
Senior Center contractor has reviewed a portion of the kitchen
equipment purchased by the City, and discovered that some of the
equipment may not meet the Ccunt-y Health Codes, particularly the
hood over the stove. It is estimated that in order to retrofit
the hood to meet County Codas, it will cost $5,000 to $7,000.
The State, however, may be ove1 ~stating what equipment is needed
based on use, and it is anticipated that the Health Department
may allow the elimination of th,- commercial oven.
Staff is requesting authorization to investigate the elimination
of the commercial oven and hood, and to purchase a residential
stove; and that if in the opinion of the contractor, the cost to
Minutes of the City Council
Moorpark, California -1.1 January 3, 1990
retrofit the hood would exceed the li -fe expectancy, that staff be
authorized to replace that equipment..
MOTION: Councilmember Brown moved and Councilmember Harper seconded a
motion to authorize Staff to InvesLignt.e eliminating the hood over the
stove and purchasing a residential -type stove; that if, in the opinion
of the contractor, the City cost to retrofit the hood would exceed the
life expectancy, that staff be authorized to replace that equipment;
and that funds to purchase any equipment be taken from the project
contingency. The voice vote was unanimous.
12. ORDINANCES
12.A. Consider Adoption of _Ordinance_ No. 119. An ordinance
amending the Moorpark Municipal Code by revising Chapter 4 of
Title 5 relative to mobile home park rents.
City Attorney Cheryl Kane read the Ordinance title.
MOTION: Councilmember Perez moved and Councilmember Harper seconded a
motion to read the Ordinance in title only. The voice vote was
unanimous.
MOTION: Councilmember Brown moved and Councilmember Harper seconded a
motion to declare Ordinance No. 1.19 read for the second time and
adopted as read. The voice vote wns, unanimous.
12.B. Consider Introduction of Ordinance No. 120. An ordinance
amending the Public Hearing Notice Requirements from the current
300 ft. notice requirement to 1,000 ft. with an exception for one
single family residence seeking n zone variance.
City Attorney Cheryl Kane read the Ordinance title.
MOTION: Councilmember Harper- moved and Councilmember Perez seconded a
motion to waive further reading and declare Ordinance No. 120 read in
title only. The voice vote was unanimous.
MOTION_:_ Councilmember Harper moved and Councilmember Perez seconded a
motion to declare Ordinance No. 1.20 introduced and read for the first
time. The motion carried, with Councilmember Brown dissenting.
13. FUTURE AGENDA ITEMS
Councilmember Harper requested that Staff investigate the extent and
quality of the inspections performed by the Building &. Safety
Department on new homes. In order to insure quality inspections, he
suggested that Staff determine whether the fees should be increased;
the regulations outlined in the ordinance shofld be changed; the
building code should be revised; and /or the City should hire more
discretionary inspectors.
Mayor Lawrason requested that the recent chimney fires be an item for
discussion on the next agenda, including a Staff report outlining the
Minutes of the City Council
Moorpark, California -12
background, cause and effect
identification of the location
Harper questioned whether wood
14. CLOSED SESSION
January 3, 1990
Councilmember Brown requested an
of the recent fires; and Councilmember
frame chimneys should be allowed.
City Manager Kueny requested that the Council consider adding an item
for discussion under Government Code Section 54956.9(b)(2) as a matter
of necessity having arisen since the posting of the agenda.
MOTION: Councilmember Brown moved and Councilmember Harper seconded a
motion to add discussion under Government Code Section 54956.9(b)(2)
to the Closed Session. The voice vote was unanimous.
MOTION: Councilmember Brown moved and Councilmember Harper seconded a
motion to adjourn into Closed Session at the hour of 10:50 p.m. for
discussion of the following items: Potential litigation pursuant to
Government Code Section 54956.9(b)(2); Potential litigation pursuant
to Government Code Section 54956.9(b)(1); Potential litigation
pursuant to Government Code Secton 54956.9(c); Litigation concerning
City of Moorpark vs. Fedelety Corporation (Arroyo Vista Park); and
Litigation concerning Ventura County Community College District vs.
City of Moorpark. The voice vote was unanimous. The time was 10:50
p.m.
Mayor Lawrason declared a recess al. the hour of 10:50 p.m.
The meeting reconvened into Closed Session at the hour of 11:02 p.m.
Present in the Closed Session were all Councilmembers; Steven Kueny,
City Manager; Cheryl Kane, City Attorney; Richard Hare, Deputy City
Manager; Patrick Richards, Director of Community Development; and John
Knipe, Assistant City Engineer.
John Knipe, Assistant City Engineer, left the Closed Session at the
hour of 11:41 p.m.
Patrick Richards, Director of Community Development, left the Closed
Session at the hour of 11:52 p.m.
The meeting reconvened into open Session at the hour of 12:12 a.m.
Cheryl Kane, City Attorney, announced that the City Council reviewed
one item under Government Code Section 54956.9(b)(2) and, based on
existing facts and circumstances, it was determined there was a
significant exposure to litigation so they remained in closed session
on this item under Government Coda Section 54956.9(b)(1), as well as
all items as outlined in the motion to adjourn into Closed Session.
City Attorney Kane further stated that there was no other action to
report out of Closed Session.
Minutes of the City Council
Moorpark, California -13 January 3, 1990
ADJOURNMENT
MOTION: Councilmember Harper moved and Councilmember Montgomery
seconded a motion to adjourn the meeting at the hour. of 12:14 a.m.
The voice vote was unanimous.
Paul W. Lawrason Jr.
Mayor.
ATTEST:
Lillian Kellerman P�
City Clerk
3jan90.min