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HomeMy WebLinkAboutMIN 1990 0221 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California February 21, 1990 The Regular Meeting of the City Council of the City of Moorpark, California was held on February 21, 1990, in the Council Chambers of City Hall of said City, located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Lawrason called the meeting to order at the hour of 7:17 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Montgomery. 3. ROLL CALL: Present: Councilmembers Brown, Harper, Perez, Montgomery, and Mayor Lawrason. Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Pat Richards, Director of Community Services; Deborah Traffenstedt, Senior Planner; John Knipe, Assistant City Engineer; Susan Cauldwell, Administrative Assistant; Don Reynolds, Management Analyst; Lt. Rodriguez, Sheriff's Department; Ken Gilbert, Director of Public Works; Phil Newhouse, Director of Community Services; Cheryl Kane, City Attorney; Dorothy Vandaveer, Deputy City Clerk; and Sally Coons, Executive Secretary. 4. PROCLAMATIONS, COMMENDATIONS. AND SPECIAL PRESENTATIONS: None were presented. S. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Harper requested that a discussion of City Finances be added to the agenda. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to add Agenda Item 11.K. - Discussion of City Finances - to the Agenda as a matter of necessity having arisen since the posting of the Agenda. The voice vote was unanimous. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to reorder the Discussion /Action items on the Agenda as follows: 1 - ll.D; 2 - ll.F; 3 - ll.J; and 4 - ll.K. The voice vote was unanimous. Minutes of the City Council 2 Moorpark, California February 21, 1990 6. PUBLIC COMMENTS: 6.A. Tom Thompson (12623 Hillside Drive, Moorpark), representing the Moorpark Presbyterian Church, requested that the Council consider rescinding its action taken on February 7, 1990 adopting an interim street section for Peach Hill Road east of Spring Road. He advised that the Church was in the process of applying for a Residential Planned Development Permit and, because of the Council's action, will be required to redesign their project. CONSENSUS: By consensus, the Council determined to refer this item to the Community Development Committee to meet with representatives of the Church and City Staff. 6.B. Gary Scott (12395 Spring Creek Road, Moorpark) addressed the Council in opposition to residential trash collection beginning prior to 7:00 a.m. 6.C. Stan Cohen (300 Esplanade Drive, Oxnard) representing Martin V. Smith & Associates, requested the Council to clarify its action on January 17, 1990 where it was his understanding that the Council approved the simultaneous processing of the Conditional Use Permit for the hotel; and the General Plan Amendment Application for the apartment project. 6.D. Joe Alsip (116 Bell Way, Ventura) requested the Council to exempt his recently - purchased lot, near Everett and Wicks Roads, from the moratorium on the development of vacant property in the R -1 and R -E Zones. The Council advised Mr. Alsip that this was an item for discussion under Agenda Item ll.C. 6.E. Paul Bollinger (5743 Corsa Avenue, Westlake Village) requested the Council to consider allowing him to speak under Discussion /Action Item ll.D. CONSENSUS: By consensus, the Council determined that Mr. Bollinger would be recognized during the discussion under Agenda Item 11.D. 6.F. Paul Maniar (18200 Chatham Lane, Moorpark) representing A to Z Storage, requested the Council to clarify its action regarding the approved hours of operation. CONSENSUS: By consensus, the Council reconfirmed their prior Minutes of the City Council 3 Moorpark, California February 21, 1990 action to allow Sunday operation only after the landscaping is installed. 6.G. Mike Smith (4626 Bella Vista, Moorpark) representing G.I. Rubbish, addressed the Council concerning the Solid Waste Ordinance being presented for second reading and adoption. He expressed three items of concern: 1) that the maximum container size be 45 gallons; 2) that they be allowed a blanket enroachment permit for all commercial containers within the city to be issued to the hauler and not the commercial establishment; and 3) that the starting time for Saturday pick -up of commercial establishments be adjusted to 7:00 a.m., not 9:00 a.m. 6.H. Jim Safechuck (Moorpark Rubbish) addressed the Council concerning the Solid Waste Ordinance, advising that an early start -up time for collection in commercial areas is safer; and that 45 gallon containers are safer and quieter. 6.1. Don Pruner (72 Moody Court, Thousand Oaks) representing Pruner Health Services, advised that his ambulance operation responds to approximately 40 calls per month in Moorpark, and transports approximately 24 patients. Because of recent articles in the press, he encouraged the Council to open dialogue with Pruner regarding their concerns with ambulance service and response time. He further invited Councilmembers, press and members of the Grand Jury to ride along with the ambulance drivers to see their operation firsthand. In response to Councilmember Brown, Mr. Pruner advised that he was unaware that his contract required a ten minute response time in Moorpark. 6.J. Kristene Griffin (1077 Via Colinas, Westlake Village) representing the grandchildren of Paul E. Griffin, Sr., requested the Council not change the name of the Paul E. Griffin, Sr. Park. 6.K. Darrel Sneed (11919 Silvercrest Street, Moorpark) advised that once recognition is given, it should not be taken away, and he urged the Council not to rename Griffin Park. 6.L. John Hall (12572 Westmont, Moorpark) advised that he felt the City should keep the name of Paul E. Griffin, Sr. Park because it is a proud name to be attached to the park. Minutes of the City Council 4 Moorpark, California February 21, 1990 6.M. Charles Fedalen, Jr. (24005 Ventura Blvd., Calabasas) Vice President and Counsel for Griffin Homes, explained the complaint against Griffin by the FPPC concerning indirect contributions made by employees of Griffin during 1985, 1987 and 1988. The total of the contributions was $3,640 and the FPPC fine was $46,000. He advised that the company has taken positive steps to assure this will not happen again. He urged the Council to retain the name of Paul E. Griffin, Sr. Park. In response to Councilmember Harper, Mr. Fedalen advised that he did not know who in the organization authorized the campaign contributions. 6.N. Dr. George R. Stimac (15749 Milne Circle, Moorpark) encouraged the Council to retain the name of Paul E. Griffin, Sr. Park. 6.0. Dick Seibert (7358 University Drive, Moorpark) advised that he lived very close to the park and urged the Council to retain the name of Paul E. Griffin, Sr. Park; and he presented a petition signed by 100 persons requesting the retention of the name. 6.P. Mo Dean McCullough (15707 Swift Place, Moorpark) advised that she is employed at Moorpark College and requested the Council to retain the name of Paul E. Griffin, Sr. Park. 6.Q. John Lane (12591 Crystal Ranch Road) advised that Mr. Griffin was a caring, giving and honest man and that the Council should retain the name of Paul E. Griffin, Sr. Park. Mr. Lane also noted that it was Mr. Pruner who brought paramedic service to the County and he should be recognized for this contribution. 6.R. Paul E. Griffin, Jr. (19436 Kinzie Street, Northridge) gave an overview of his father's contributions to the community, and requested that the Council retain the name of his father on the Paul E. Griffin, Sr. Park. In response to Councilmember Harper, Mr. Griffin advised that he would be willing to bring in the Company's books for perusal regarding who in the company authorized the contributions, but he felt it was an entirely separate issue and that it was wrong and hurtful to pursue the proposed name change. Minutes of the City Council 5 Moorpark, California February 21, 1990 6.S. Ron Miller (Gabbert Road, Moorpark) spoke to the Council in opposition to the proposed development of a golf course, tennis club and 153 residential units by Bollinger Development Corporation because it was incompatible with the surrounding zoning of 5 and 10 acres. 6.T. Bob Crockford (7189 Walnut Canyon Road, Moorpark) advised that his property abuts the proposed Bollinger Development, and that he, as well as three neighbors, were opposed to the development for the following reasons: 1) It is not in compliance with the General Plan; 2) It is not consistent with current planning in the area; 3) There is not a need for an equestrian center or golf course in that area; 4) The increased density would further burden the infrastructure. 6.U. Allen Camp (One Boardwalk, Thousand Oaks) representing Carlsberg, requested authorization to speak under Agenda Item 11.B. - Status report regarding PBR's progress associated with the Carlsberg Specific Plan. CONSENSUS: By consensus, the Council determined to recognize Mr. Camp during the discussion of Agenda Item 11.B. 6.V. Raymond Clayton (One Boardwalk, Thousand Oaks) from Cohen, Alexander and Clayton, representing Valley Commercial Disposal, expressed his support of the City's efforts to control the collection of solid waste; and requested that Valley Commercial Disposal be given a commercial operations agreement to commence when Ordinance No. 123 becomes effective. 6.W. Connie Lawrason (4291 Ambermeadow Street, Moorpark) addressed the Council expressing thanks to the Griffin Family for their contributions to the community; and to the City Council for lowering the speed limit on Tierra Rejada Road between Highway 23 and Spring Road. 7. COMMITTEE REPORTS: None. a. CONSENT CALENDAR: MOTION: Upon motion by Councilmember Harper, seconded by Councilmember Montgomery, the following consent items were approved by an unanimous roll call vote: Minutes of the City Council 6 Moorpark, California February 21, 1990 A. Consider approval of the minutes of the Regular City Council Meeting of December 20, 1989. (Con't from 8.A. 2/7/90). Staff Recommendation: Approve minutes as processed. B. Consider approval of Warrant Register 1989/90: Pre -Paid Warrants 10969, 11039 $ 7,985.06 11118 - 11127 Payable Warrants 11133 - 11200 $197,447.58 D. Consider Moorpark Emergency Plan. Staff Recommendation: Receive and file and authorize submission to state OES for review. E. Consider New Requirements under Conflict of Interest Disclosure Provisions and Rescind Resolutions 83 -45, 84 -82, and 89 -538 and Replace with Resolution 90 -636. Staff Recommendation: Approve Resolution No. 90 -636. F. Consider Acceptance of the First Three Traffic Signals on Tierra Rejada Road. Staff Recommendation: Accept the three traffic signals on Tierra Rejada Road at Peach Hill Road, Walnut Creek Road and Mountain Meadows Drive and reduce the construction bond to $396,000. G. Consider Tract 4341, 4342 -1 (UWC) Exoneration of Duplicate Traffic Signal Bond at Spring Road and Tierra Reiada Road. Staff Recommendation: Exonerate above referenced traffic signal bond effective immediately. H. Consider Attendance of Director of Community Development at Management Skills Workshop Presented by the American Institute of Certified Planners. Staff Recommendation: Approve the attendance of the Director to the A.I.C.P. Workshop. I. Consider Minor Modification No. 1 PD -1065 - A proposal to provide take out sales of beer and wine. Staff Recommendation: Receive and file. J. Consider Budget Amendment Reauthorizing FY 88/89 Park Improvement Funds to FY 89/90 Funds for the Improvements to Monte Vista Nature Park. Staff Recommendation: Reappropriate funds designated for Monte Vista Park improvements. Minutes of the City Council 7 Moorpark, California February 21, 1990 K. Consider Authorizing Code Enforcement Officer's Attendance at Training Seminar on Code Enforcement Procedures & Technivues. Staff Recommendation: Approve attendance of the Code Enforcement Officer at the Training Seminar. The following item was pulled from the Consent Calendar for individual consideration by the Council: C. Consider Police Department 1989 Annual Report. Staff Recommendation: Receive and file. Councilmember Brown commended the Police Department for their activities reported in the 1989 Annual Report. Lt. Rodriguez reviewed his written report, addressing crime rate, calls for service, City -wide accident rate, Highway 118 accident rate, and traffic enforcement. CONSENSUS: By consensus, the Council received and filed the report. AT THIS POINT IN THE MEETING, Mayor Lawrason declared a recess, the time being 8:50 p.m. The meeting reconvened at the hour of 9:10 p.m. 14. CLOSED SESSION: MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to go into Closed Session at the hour of 9:11 p.m. under Agenda Item 14.B. - Potential litigation pursuant to Government Code Section 54956.9 (b)(1). The voice vote was unanimous. Attending the Closed Session were all Councilmembers; Steven Kueny, City Manager; Pat Richards, Director of Community Development; and Cheryl Kane, City Attorney. The Meeting reconvened into open session at the hour of 9:55 p.m. City Attorney Cheryl Kane announced there was no action to report as a result of the Closed Session. 9. PUBLIC HEARINGS: None. 10. COMMENTS FROM COUNCILMEMBERS: Councilmember Brown advised that the first project of the Arts Commission will be a piano concert. Minutes of the City Council 8 Moorpark, California February 21, 1990 11. DISCUSSION /ACTION ITEMS: ll.D. Consider Proposal for Development of a Golf Course, Tennis Club and 153 Residential Units (Bollinger Development Corn. 1. Staff recommended denying the request of Bollinger Development Corporation as proposed. Pat Richards, Director of Community Development, advised the Council that the current zoning and General Plan designation of the subject property allows only 5 acre residential lots; that the proposed development would require a General Plan Amendment, and the proponents have requested authorization to be processed outside the current General Plan Update. Mr. Richards pointed out that, as in the past, Staff is opposed to such processing as it undermines the intent of the current General Plan Update. He advised that Staff and the Community Development Committee recommend denial of the proposal by Bollinger Development Corporation. The Council recognized Paul Bollinger (5743 Corsa Avenue, Westlake Village) who addressed the Council regarding the positive and negative aspects of the project. Positives included the east /west corridor; equestrian center and trail; 190 acre golf course; tennis club; community center; gated entrance to luxury custom housing; water; sewer; tax revenue and community pride. Negatives included the RPD zoning and the General Plan Amendment. Council comments included the project's incompatibility with surrounding properties; objections to removing it from the General Plan Update process; and the private rather than public golf course. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to deny the request of Bollinger Development Corporation. The voice vote was unanimous. ll.F. Consider Renaming Paul E. Griffin, Sr. Park. Staff recommended they be directed as deemed appropriate. Phil Newhouse, Director of Community Services advised that, at the Council's direction, this item was referred to the Parks and Recreation Commission which has unanimously recommended that the name of Paul E. Griffin, Sr. Park not be changed. Councilmember Harper advised that when the County named Griffin Park, he objected because he felt it was a myth that developers donate land for parks -- that land is paid for by Minutes of the City Council 9 Moorpark, California February 21, 1990 those people who buy homes in the surrounding tract (a). Councilmember Harper stated that Griffin Homes engaged in campaign fund laundering with total disregard for what may happen to their employees or the candidates and that he did not want a public facility to be named after a company that willfully engages in illegal activities. Mayor Lawrason commented that he failed to see the correlation between the name of Paul E. Griffin, Sr. Park and the FPPC fine. Councilmember Brown advised that other community members, not in attendance, supported the renaming of Griffin Park. Councilmember Perez noted that although he was personally injured by Griffin's recent actions, he supported retaining the name of Paul E. Griffin, Sr. Park. Councilmember Montgomery apologized to the Griffin family for having to defend their name on the Paul E. Griffin, Sr. Park. MOTION: Councilmember Brown moved and Mayor Lawrason seconded a motion to retain the name of Paul E. Griffin, Sr. Park. The motion carried, with Councilmember Harper dissenting. The Council recognized Paul Griffin, Jr. who expressed his appreciation of the Council's action and advised that his family desired to share in the cost of moving the monument sign, and wanted to pay for one of the facilities going into the park. He advised that his family would be willing to work with the Parks and Recreation Commission to accomplish this. 11.J. Clarify Council Direction Concerning Processing Martin V. Smith & Associates Application for a Proposed Hotel Restaurant Complex and Associated Apartment Complex on an Industrial Zoned Property Located at the Northeast Corner of Spring Road and Flynn Avenue. Staff recommended they be directed as deemed appropriate. City Manager Kueny requested clarification as to the timing of the map and Conditional Use Permit for the hotel; and the General Plan Amendment for the proposed multi - family project. CONSENSUS: By consensus, the Council clarified the intent of their action on January 17, 1990, which was to process the Conditional Use Permit and General Plan Amendment concurrently. 11.K. City Finances In response to questions being raised by the public regarding park funds and bookkeeping practices, Councilmember Harper recommended that the Council hold a workshop for the purpose of providing an opportunity for concerned citizens to express Minutes of the City Council 10 Moorpark, California February 21, 1990 themselves directly to the Council. Questions posed that can be answered on the spot, will be. For those questions requiring research, a second workshop would be held in order to respond. In response to the City Manager' s request to hold the workshop in two weeks to allow staff ample time to produce related documents for the public's perusal, the Council expressed its desire to hold the meeting as soon as possible, within one week. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to hold a town hall meeting on February 28, 1990 for the purpose of allowing the public to air their concerns regarding the City's finances, bookkeeping practices and park funds. The voice vote was unanimous. ll.A. Consider Authorization to Loan Funds to Caltrans to Construct Improvements at Southeast Corner of Spring Road /Los Angeles Avenue /High Street Instersection. Staff recommended that the Mayor be authorized to sign the MOU. City Manager Kueny advised that there is no additional information from Caltrans since the Council's discussion on February 7, 1990. Councilmember Brown expressed reluctance to fund the project with no guarantee from Caltrans that the money will be repaid. Councilmember Harper advised that he felt it was a relatively modest amount to pay to amend a nagging problem, and it is possible that the City will get paid back. City Manager Kueny suggested that the Council consider requesting Caltrans to borrow $40,000 (for the intersection improvement project) from the $150,000 Caltrans has already funded for the Continuous Left Turn Project in the Virginia Colony area, which will not be under construction for several months. In this way, Caltrans will be borrowing from funds already committed to a Moorpark project and can pay itself back when the money becomes available; and the City can proceed with the improvements at the southeast corner of Spring Road, Los Angeles Avenue and High Street. CONSENSUS: By consensus, the Council determined to request that Caltrans use funds from the $150,000 already committed to the Left Turn Project to fund the improvements for the intersection at Spring Road, Los Angeles Avenue and High Street; funds to be paid back by Caltrans for the Left Turn Project when the funds become available. Minutes of the City Council 11 Moorpark, California February 21, 1990 11.B. Consider Status Report Regarding PBR's Progress Associated with the Carlsberg Specific Plan. Staff recommended they be directed as deemed appropriate. Pat Richards, Director of Community Development, reviewed the Staff's written status report. The Council recognized Allen Camp (One Boardwalk, Thousand Oaks), representing Carlsberg, who made the following points: 1. Stressed that the environmental document for the Specific Plan should be comprehensive enough, based on the highest and best use level of development on that property, so as to allow the fullest opportunity for flexible consideration. It is a precautionary measure to assess the project on the highest and best use and base the environmental document on that assessment so that the project has the most flexibility. 2. Because there is no school site designation in either Alternative 1 -A or Alternative 1 -B, it will be placed in an area where lots are currently designated. 3. The contract obligates the City to act on this Specific Plan by August. He expressed concern with the delay in getting the environmental report underway. The Council recognized Ron Tankersley (Carlsberg) who advised that the environmental document should address that the school could locate on either of two sites and the environmental document should include both sites in the alternative project so that units could be built on the site not chosen by the school district. AT THIS POINT IN THE MEETING, Mayor Lawrason declared a recess, the time being 11:40 p.m. The meeting reconvened at the hour of 11:55 p.m. Pat Richards, Director of Community Development, advised that Staff recommends Alternative 1 -A to be the project, and Alternative 1 -B to be the alternative project for purposes of environmental assessment. Councilmember Harper advised that he supported identification of the school site that has been confirmed by the School District as the site. Councilmember Brown advised that she supported Alternative 1 -A as the project. City Attorney Kane advised that for purposes of planning, the Council should consider other uses of the proposed school Minutes of the City Council 12 Moorpark, California February 21, 1990 site. She noted that the School District is not bound by land use designations and, therefore, the Council should provide a land use in the event the school does not choose that site. MOTION: Councilmember Brown moved and Councilmember Montgomery seconded a motion to adopt Alternative 1 -A as the project, with the preferred school site identified, and with the additional option of residential being used on that site. City Attorney Kane advised that the environmental document analyzes potential land uses and one project must be identified. The motion on the floor identifies two uses of a single site, and only one project can be identified for purposes of the environmental assessment. MOTION WITHDRAWN: Councilmember Brown withdrew her motion; Councilmember Montgomery withdrew his second. Allen Camp suggested that residential be the level of intensity on both locations. City Attorney Kane advised that alternatives to the project are developed to look at projects that have less environmental impact than the identified project. Councilmember Harper suggested that both sites be identified as residential in the project; and the school site be considered as an alternative to the project. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to approve Alternative 1 -A as the project; and to direct PBR to analyze as the first alternative, 1 -A with the school site as identified by the Moorpark Unified School District; the second alternative, an all residential project of 690 dwelling units as would be allotted under current zoning; and the third alternative, no project. No action was taken on the motion at this time. CONSENSUS: By consensus, the Council determined to table this item until later in the meeting. 12.A. Consider Adoption of Ordinance No. 123, an ordinance pertaining to the regulation of solid waste. Council discussion included the desire to change Section 6.10.100 a) for residential collection to begin at 7:00 a.m; to change Section 6.10.100 b) for commercial collection to begin at 8:00 a.m. on Saturdays; to limit container size to 45 gallons; and to cover blanket enroachment permits as part of the franchise agreement rather than the ordinance. Minutes of the City Council 13 Moorpark, California February 21, 1990 City Manager Kueny advised that it would be necessary to continue allowing 55 gallon containers, currently supplied by the refuse companies, until the refuse companies exchanged them for 45 gallon containers. Other than those supplied by the refuse company, 55 gallon containers would not be allowed. CONSENSUS: By consensus, the Council directed Staff to revise the ordinance in accordance with the changes outlined, and bring it back for Council action. 11.C. Consider Report From the Planning Commission Regarding Zone Change No. Z90 -1 - Proposed Rezoning of R -1 and R -E Zoned Properties to RPD (Residential Planned Development) at Various Citywide Locations. Staff recommended that the Planning Commission and Staff be directed as deemed appropriate. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to direct Staff to prepare an ordinance cancelling the current moratorium in effect for vacant R -1 and R -E zoned properties for adoption at the Council's next regular meeting on March 7, 1990; and to amend the City Zoning Code to require that a Planned Development Permit be obtained for all residential development consisting of five (5) or more separate lots or dwelling units. The voice vote was unanimous. ll.E. Consider Attendance at Art in Nature Workshop in Santa Barbara, April 26, 27, 28. Staff recommended they be directed as deemed appropriate. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion that $90 be appropriated from Account 01- 1148 -632 for the attendance of Parks and Recreation Commissioner Teresa Radich at the Art in Nature Workshop in Santa Barbara in April, 1990. The voice vote was unanimous. i1.G. Consider Names for Community Center Meeting Rooms (A -Room and M -P Room). Staff recommended approval of the names as submitted by the Parks and Recreation Commission. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to continue this item. The voice vote was unanimous. ll.H. Consider Adopting Policy and Procedures for Naming City -Owned Parks. Staff recommended approving the Resolution as submitted. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to continue this item. The voice vote was unanimous. Minutes of the City Council 14 Moorpark, California February 21, 1990 11.I. Consider Authorization for Additional Enaineering Services to Perform a Plan Check of Freeway Interconnect Design. Staff recommended approval of additional Service Authorization No. 90 -01. In response to Councilmember Harper's concern regarding the lack of a seismic analysis in the plan check of the Freeway Interconnect design, City Manager Kueny recommended that the City Engineer be authorized to move forward on its review of the project plans for the State Highway 118/23 Connection, and Staff will bring back a cost estimate for a seismic analysis. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to approve the Additional Services Authorization No. 90 -01 for an amount not -to- exceed $4,000; and to direct Staff to report back regarding a cost estimate for seismic analysis. The voice vote was unanimous. 12.B. Consider Adoption of Ordinance No. 124. A proposed ordinance amending the City's zoning code to change certain property from RE -5 Acre to RE -1 Acre (Latunski). City Attorney Kane read Ordinance No. 124 in title only. MOTION: Councilmember Brown moved and Councilmember Montgomery seconded a motion to waive further reading and declare Ordinance No. 124 read for the second time. The voice vote was unanimous. MOTION: Councilmember Brown moved and Councilmember Montgomery seconded a motion to adopt Ordinance No. 124. The motion carried with Councilmembers Harper and Perez dissenting. In response to concern that the motion on the floor may be in conflict with the agreement between the City and Carlsberg, City Attorney Cheryl Kane advised that the City is legally bound by the May, 1988 submittal; and recommended that the Council hold a Closed Session before proceeding on this item. 14. CLOSED SESSION MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to adjourn to Closed Session under Agenda Item 14.B. - Potential litigation pursuant to Government Code Section 54956.9(b)(1). The voice vote was unanimous. The time of adjournment to Closed Session was 12:55 a.m. Those attending the Closed Session included all Councilmembers; Steven Kueny, City Manager; Pat Richards, Director of Community Development; and Cheryl Kane, City Minutes of the City Council 15 Moorpark, California February 21, 1990 Attorney. The meeting reconvened into open session at the hour of 1:10 a.m. Attorney Kane advised there was no action to report as a result of the Closed Session. ll.B. con't. Consider Status Report Regarding PBR's Progress Associated with the Carlsberg Specific Plan. Staff recommended they be directed as deemed appropriate. MOTION WITHDRAWN: Councilmember Harper withdrew his motion; Councilmember Brown withdrew her second. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to identify the project to be analyzed as 1 -A with one change -- that the 55 acres in the southeast quadrant be one acre rather than 1/2 acre, for a maximum of 55 units; that the first alternative be the Carlsberg submission of May, 1988; that the second alternative be an all residential project as it relates to current zoning and not current land use; and the fourth alternative, no project. The voice vote was unanimous. 13. FUTURE AGENDA ITEMS In response to a request from the Moorpark Unified School District, Councilmember Harper requested that the Council's Cable T.V. Committee consider the School District's request for Cable T.V. coverage when it negotiates the City's contract. 14. CLOSED SESSION: MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to adjourn to Closed Session for discussion of the following items: 14.A. - Personnel; 14.B. - Potential litigation pursuant to Government Code Section 54956.9(b)(1); 14.C. - Potential litigation pursuant to Government Code Section 54956.9(c); 14.F. - Litigation concerning City of Moorpark vs. Fedelety Corporation (Arroyo Vista Park); 14.G. - Litigation concerning Ventura County Community College District vs. City of Moorpark; 14.H. - Litigation concerning the County of Ventura vs City of Moorpark; and 14.I. - Litigation concerning Rosenkrantz vs. City of Moorpark. The voice vote was unanimous. The time of adjournment to closed session was 1:16 a.m. Those attending the closed session were all Councilmembers; Steven Kueny, City Manager; Cheryl Kane, City Attorney; and Richard Hare, Deputy City Manager. The Meeting reconvened into open session at the hour of 2:01 Minutes of the City Council 16 Moorpark, California February 21, 1990 a.m. MOTION: Councilmember Brown moved and Councilmember Montgomery seconded a motion to re- adjourn to a Closed Session for discussion of Agenda Item 14.D. - Litigation concerning City of Moorpark vs. Moorpark Unified School District. The voice vote was unanimous. The time of re- adjournment into Closed Session was 2:04 a.m. In attendance at the closed session were all City Councilmembers; Steven Kueny, City Manager; Cheryl Kane, City Attorney; and Richard Hare, Deputy City Attorney. The Meeting reconvened into open session at the hour of 2:10 a.m. City Manager Kueny advised there was no action to report as a result of the Closed Session. 15. ADJOURNMENT: MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to adjourn the meeting at the hour of 2:11 a.m. The voice vote was unanimous. Paul W. Lawrason Jr., Mayor ATTEST: Lillian Kellerman, City Clerk