HomeMy WebLinkAboutMIN 1990 0711 CC SPC REGMINUTES OF THE CITY COUNCIL
Moorpark, California July 11, 1990
A Special Meeting of the City Council of the City of Moorpark,
California was held on July 11, 1990 in the Council Chambers of
City Hall of said city, located at 799 Moorpark Avenue, Moorpark,
California.
1. CALL TO ORDER:
Mayor Perez called the meeting to order at 6:40 p.m.
Present were Councilmembers Brown, Lawrason, Montgomery,
and Mayor Perez; Steven Kueny, City Manager; and Cheryl
Kane, City Attorney. Councilmember Harper was absent.
Mr. Kueny informed the Council that the City had been
served on a lawsuit by Colonial Mortgage concerning the
1985 Single Family Mortgage Revenue Bond Program on July
10, 1990, and asked that this be added to the agenda
since need arose after the posting of the agenda.
MOTION: Councilmember Montgomery moved and Councilmember
Brown seconded a motion to add Litigation concerning
Colonial Mortgage vs. City of Moorpark to the agenda, as
need for action arose after the posting of the agenda.
The motion carried 4 -0, Councilmember Harper absent.
2. CLOSED SESSION:
MOTION: Councilmember Brown moved and Councilmember
Montgomery seconded a motion to adjourn to Closed Session
for a discussion of the following:
A. Personnel.
B. Potential litigation pursuant to Government Code
Section 54956.9(b)(1).
C. Potential litigation pursuant to Government Code
Section 54956.9(c).
D. Litigation concerning City of Moorpark vs. Moorpark
Unified School District.
E. Litigation concerning Moorpark Unified School
District vs. City of Moorpark.
F. Litigation concerning Ventura County Community
College District vs. City of Moorpark.
G. Litigation concerning the County of Ventura vs.
City of Moorpark.
Minutes of the City Council
Moorpark, California Page 2
July 11, 1990
H. Negotiations for Real Property on the North Side of
Tierra Rejada Road East of Spring Road (Pacifica
Corp.) pursuant to Government Code Section 54945.8.
I. Litigation concerning the Moorpark Mosquito
Abatement District vs. City of Moorpark.
J. Litigation concerning Colonial Mortgage vs. City of
Moorpark.
The motion carried 4 -0, Councilmember Harper absent.
Present in Closed Session were all Councilmembers except
Councilmember Harper; Steven Kueny, City Manager; and
Cheryl Kane, City Attorney.
MOTION: Councilmember Montgomery moved and Councilmember
Lawrason seconded a motion to adjourn from Closed
Session. The motion carried 4 -0, Councilmember Harper
absent.
Mr. Kueny stated there was no action to report out
of Closed Session and only item 2.B. had been
discussed.
AT THIS POINT in the meeting a 10 minute recess was
declared. The Council reconvened into Open Session at
7:30 p.m.
3. PLEDGE OF ALLEGIANCE:
Councilmember Montgomery led the Pledge of Allegiance.
4. ROLL CALL:
Present: Councilmembers Brown, Lawrason,
Montgomery and Mayor Perez.
Absent: Councilmember Harper.
Steven Kueny, City Manager; Richard
Hare, Deputy City Manager; Pat
Richards, Director of Community
Development; Phil Newhouse, Director
of Community Services; Ken Gilbert,
Director of Public Works; Craig
Philips, Administrative Assistant;
Don Reynolds, Management Analyst;
Lt. Rodriquez, Sheriff's
Department; John Knipe, City
Minutes of the City Council
Moorpark, California Page 3
July 11, 1990
Engineer; Cheryl Kane, City
Attorney; Debbie Traffenstadt,
Senior Planner; Winnie Wilson,
Associate Planner; Lillian
Kellerman, City Clerk, and Dot
Vandaveer, Deputy City Clerk.
4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS:
None.
5. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
MOTION: Councilmember Montgomery moved and Councilmember
Lawrason seconded a motion to reorder 9.C. to before 9.A.
The motion carried by voice vote 4 -0, Councilmember
Harper absent.
MOTION: Councilmember Brown moved and Councilmember
Montgomery seconded a motion to add as item 11.F.
consideration of a request by the Environmental Coalition
to use the Community Center parking lot for a clean up
day on July 21, 1990, need for action having arisen after
the posting of the agenda. The motion carried by voice
vote 4 -0, Councilmember Harper absent.
Mr. Kueny requested that an item be placed on the
agenda regarding Community Development Block Grant
funding for the Senior Nutrition Program and
Literacy Program. He said that the CDBG contracts
would not be signed until September and these
programs need to be funded.
MOTION: Councilmember
Montgomery seconded a
Consideration of Funding
and Literacy Program as
funds are available for
arisen for action since
motion carried by voice
absent.
Brown moved and Councilmember
motion to add as item 11.G.
of the Senior Nutrition Program
an interim measure until CDBG
these programs, the need having
the posting of the agenda. The
vote 4 -0, Councilmember Harper
Minutes of the City Council
Moorpark, California Page 4 July 11, 1990
6. PUBLIC COMMENT:
John Roberts, 15787 Graduate Circle, spoke representing
the Campus Hills Homeowners' Association. He indicated
that the hiking trails behind these homes have not been
marked properly, thus increasing the possibility of
injury to hikers and possible lawsuits to the HOA. He
also stated that the recently established no parking
zones in Campus Park were not a good idea as there is
limited parking already along University Street. In
conclusion, he expressed gratitude to the City Council
for the placement of the stop sign on Marquette Street.
John Lane, 12591 Crystal Ranch Road, spoke regarding his
opposition to the pay raise for the Parks and Recreation
Commissioners, Planning Commissioners and the City
Council. He stated his opinion that the voters will not
pass the ambulance service for Moorpark on the November
ballot and also that the Comprehensive Planning Ordinance
is too complicated for the voters to understand.
Harvey Bredeman, 11858 Silvercrest Street, owner of the
Moorpark Melodrama, said he is concerned with the
disruptive behavior of the patrons of the Whistle Stoppe
Restaurant which is next door to the theater.
Linda Bredeman, 11858 Silvercrest Street, reiterated what
Mr. Bredeman had said. She appealed to the City
Councilmembers for financial assistance in constructing
a fence between the two establishments and for other
suggestions which might correct the situation.
Connie Lawrason, 4291 Ambermeadow Street, questioned what
is being developed in the area of Moorpark Road on the
approach to Santa Rosa Road. She asked if the zoning for
this area had been changed.
Gary Austin, 17512 Von Karman Avenue, Irvine,
representing Messenger Investment Company, indicated that
he has some technical information regarding the CPO and
will speak when the item is discussed.
Scott Schoeffel, 3333 Michelson Drive #400, Irvine, legal
counsel to Messenger Investment Company, stated that he
is here to answer any questions or provide clarification
regarding the CPO information that Mr. Austin will
present.
Minutes of the City Council
Moorpark, California Page 5
July 11, 1990
Mike Drummond, 12612 Ambermeadow, spoke regarding the use
of North Meadows Park by the Little League. He indicated
that a new Board of Directors is being seated for the
Little League and that any discussions should be deferred
until the third or fourth week in August.
Bill Poleri, 300 Moorpark Avenue, #203, stated that it
would be more appropriate if the money being requested by
the Ventura County Arts Alliance would be donated to the
local Moorpark Arts Committee instead of to a county
organization.
Gerald Goldstein, 11932 Los Angeles Avenue, spoke in
opposition to the Graffiti Busters organization that is
being organized in Moorpark.
Don Pruner, 72 Moody Court, Thousand Oaks, provided a
brief update on the ambulance and paramedic service being
provided to the City.
Paul Tryon, representing the Building Industry
Association, 23801 Calabasas Road, Calabasas, spoke
regarding Item 11.A., the Comprehensive Planning
Ordinance. He stated that he believes the decision
should lie with the City Council and not the voters.
Lois Bernstein, 823 Rimcrest Drive, Westlake Village,
spoke with Council indulgence, representing the Ventura
County Arts Alliance. She spoke in favor of the donation
being sought by the Alliance.
7. COMMITTEE REPORTS:
Councilmember Brown reported on the meeting with School
District Superintendent Tom Duffy and the structural
engineer regarding the structural study of the Memorial
High School Auditorium.
Councilmember Brown also reported on discussions with
Ventura County Animal Regulations regarding trading
increased field time in the City for education time.
Councilmember Brown also reported on the Ventura County
Tranpsportation Commission Bike Trail map.
Mayor Perez reported on the meeting with Senator
Cranston's Field Aide.
Minutes of the City Council
Moorpark, California Page 6
8. CONSENT CALENDAR:
July 11, 1990
MOTION: Councilmember Montgomery moved and Councilmember
Brown seconded a motion to table item B.L. until later in
the meeting to allow Councilmember Harper to be present,
and pull items 8.A., Minutes of June 25 and Minutes of
June 27, 8.C., 8.D., 8.0., 8.R., 8.5. and 8.T., from the
Consent Calendar and approve the balance of the Consent
Calendar. The motion carried by roll call vote 4 -0,
Councilmember Harper absent.
B.
E.
F.
M
Consider Approval of Minutes of the Special City
Council Meeting of June 30, 1990.
Consider Approval of Minutes of the Special Joint
City Council and Planning Commission Meeting of
June 16, 1990
Consider Approval of Minutes of the Regular Meeting
of June 6, 1990.
Staff Recommendation: Approve
processed.
Warrant Register.
1989/90
Manual Warrants 11862 - 11867
11975 - 11986
Warrants 11994 - 12075
minutes as
$148,433.57
$276,662.72
1990/91
Warrants 12019, 12024
12050, 12066 $ 2,623.57
Consider Renewal of Data Processing Equipment
Insurance Coveraae. Staff Recommendation: Renew
coverage.
Consider Renewal of Office Equipment Insurance
Policy. Staff Recommendation: Renew coverage.
Consider DP 320, 321 & 322 (WOLF) Acceptance and
Bond Exoneration. Staff Recommendation: Exonerate
bond.
Minutes of the City Council
Moorpark, California Page 7 July 11, 1990
H. Consider Exoneration of Grading Bond for 890 Valley
Road (Cummings). Staff Recommendation: Exonerate
and release grading bond.
I. Consider Acceptance of Annual Street Overlay 1989.
Staff Recommendation: Accept work as complete and
file Notice of Completion.
J. Consider Resolution No. 90 -691 Revising the Salary
Plan per the Fiscal Year 1990/91 Budget as adopted
June 27, 1997. Staff Recommendation: Approve
Resolution No. 90 -691 to amend the salaries.
K. Consider Resolution No. 90 -692 Adopting
Appropriation Limit for Fiscal Year 90/91. Approve
Resolution No. 90 -692 to adopt the appropriation
limit for FY 90/91.
M. Consider Update on Route 118 Freeway Extension
Alignment Study. Staff Recommendation: Receive
and file.
N. City Manager Approved Contract - Interim Landscape
Architect. Staff Recommendation: Receive and
file.
P. Consider Reauest from Urban West Communities (UWC
to Defer Area of Contribution (AOC) Payments to
Account for Reimbursement Owed to UWC. Staff
Recommendation: Approve deferral for up to 75
dwelling units.
Q. Consider Approval of Membership of the City of
Laguna Niguel in the SCJPIA. Staff Recommendation:
Receive and file.
U. Transmittal of 1990/91 Fiscal Year Adopted Budget.
Staff Recommendation: Receive and file.
The following items were pulled from the Consent Calendar
for individual consideration:
Consider Approval of Minutes of the Adjourned City
Council Meeting of June 27, 1990.
Councilmember Brown stated that "CPO" in the last
sentence of page 2 of the minutes should be changed
to General Plan Update and stated that added to the
second paragraph of item 11.Q. on page 5 should be
" Councilmember Brown requested that the Department
Minutes of the City Council
Moorpark, California Page 8 July 11, 1990
of Fish and Game be consulted regarding the issue
and impacts of the proposed trail system.
Ms. Kellerman read the addition to the consensus
action on page 6 under item 11.P. and at North
Meadows Park to fund restroom and security lighting
at $44,000 and $4,500, respectively. (Trash cans
and bleachers [$500 and $800 respectively] at North
Meadows Park had previously been deleted by the
Council.)
MOTION: Councilmember Brown moved and Mayor Perez
seconded a motion to approve the minutes of June 27, 1990
as amended above. The motion carried by voice vote, 4 -0,
Councilmember Harper absent.
Consider Approval of Minutes of the Adjourned City
Council Meeting of June 25, 1990.
Mayor Perez requested that the first consensus
action on page 8 under item 11.P. be changed to
"The Council added to the Community development
Department Activities /Projects list development of
a streamlined process for aiding downtown merchants
in improvement proposals.
C. Consider the Transportation Development Act Claim
for FY 90/91. Staff Recommendation: Adopt
Resolution No. 90- , authorizing filing of the
claim and direct Local Transportation Fund (LTF)
appropriations for streets and transit.
Mr. Kueny requested that this item be continued
since the Ventura County Transportation Commission
(VCTC) staff had not responded to the City
regarding what other Ventura County cities were
doing in regard to the contribution to the Ventura
County Transportation Commission (VCTC) for
administration.
MOTION: Councilmember Brown moved and Councilmember
Montgomery seconded a motion to continue the item. The
motion carried by voice vote 4 -0, Councilmember Harper
absent.
Minutes of the City Council
Moorpark, California Page 9 July 11, 1990
D. Consider Avenida Colonia /Nogales Box Culvert -
Approval of a Cooperative Agreement with Ventura
County Flood Control District (VCFCD) for
Construction of Unit IV of Happy Camp Canyon Drain.
Staff Recommendation: Approve cooperative
agreement.
Mr. Kueny gave the staff report.
MOTION: Councilmember Brown moved and Councilmember
Montgomery seconded a motion to approve the staff
recommendation to approve the funding and authorize the
Mayor to execute the cooperative agreement. The motion
carried by voice vote 4 -0, Councilmember Harper absent.
O. Consider Report on Summer Recreation Program
Activities. Staff Recommendation: Receive and
file.
Mr. Kueny indicated that he had requested this item
be pulled as the Council had just received the
Brochure on the Summer Recreation Program.
The Council commended Mr. Newhouse for the Brochure
and the program.
MOTION: Councilmember Brown moved and Councilmember
Lawrason seconded a motion to receive and file the
material. The motion carried by voice vote 4 -0,
Councilmember Harper absent.
R. Consider Request for Contribution to Southern
California Association of Governments (SCAG).
Staff Recommendation: Decline requested
contribution to SCAG.
In response to Mayor Perez, Mr. Kueny indicated
that SCAG was requesting a $3,000 contribution.
Mr. Kueny recommended tabling the item and
requesting the Association of Ventura County Cities
(AVCC) to discuss the request for contribution from
Ventura County cities.
MOTION: Mayor Perez moved and Councilmember Lawrason
seconded a motion to table the item and request the AVCC
to discuss at a future meeting. The motion carried by
voice vote 4 -0, Councilmember Harper absent.
Minutes of the City Council
Moorpark, California Page 10
July 11, 1990
S. Consider Planned Development Permit No. 1062 Major
Modification No. 1. Located at Intersection of
Spring and Tierra Rejada Roads - Request for
addition of a free - standing 7,918 sq. ft. building
to the Proposed 4.5 Acre Commercial Site (Embassy
Plaza). Staff Recommendation: Approval of
Resolution No. 90 -693 regarding PD 1062 Major
Modification No. 4 with conditions and Resolution
No. 90 -694 approving Negative Declaration.
BY CONSENSUS: By consensus the Council determined to
allow Ken Shisido from the Embassy Group to speak.
Mr. Shishido said he had only a few concerns with
the conditions of approval worked out for the major
modification. He said those concerns were 1) to
have more than three doors facing Spring Road 2) to
put the trellis in an open area not covered, and 3)
that an ice cream or yogurt shop be an allowable
use.
Councilmember Harper joined the meeting at 8:45 p.m.
Mr. Richards said that ice cream shops are
classified as retail shops and not designated as
food shops.
Mr. Kueny suggested amending the resolution of
approval such that a restaurant use could be
accomplished as a minor modification if the parking
requirements were met.
The Council discussed the clustering of at least
two doors (side by side) on Spring Road, such that
more than 3 doors could be allowed and a brief
discussion that the condition regarding the trellis
should remain unchanged.
MOTION: Councilmember Brown moved and Councilmember
Harper seconded a motion to approving the negative
declaration. The motion carried by unanimous voice vote.
MOTION: Councilmember Montgomery moved and Councilmember
Harper seconded a motion to waive the requirement of only
three doors on Spring Road as long as the doors were
clustered (at least two doors side -by side); the
resolution to be amended to allow restaurant use as a
minor modification; the resolution to be adopted as
amended. The motion carried by unanimous voice vote.
Minutes of the City Council
Moorpark, California Page 11
July 11, 1990
T. Consider Traffic Speed Study - Approve Phase I of
the Study and Adopt Resolution No. 90-
Establishing Speed Limits. Staff Recommendation:
Adopt Resolution No. 90-
Mr. Kueny indicated that he had asked for the item
to be removed from consideration to allow the
Sheriff the opportunity to meet with the traffic
engineer regarding the study.
The Council discussed the various speed limits on
Tierra Rejada, Poindexter and Peach Hill.
MOTION: Councilmember Montgomery moved and Councilmember
Lawrason seconded a motion to continue the item to the
July 25 or August 1 meeting. The motion carried by
unanimous voice vote.
9. PUBLIC HEARINGS:
C. Consider RPD 89 -3 (Presbyterian Church) Requesting
Approval to Construct a 23,161 sq. ft. Church
Facility on a 4.2 -Acre Site Located at the
Southeast Corner of Spring and Peach Hill Roads.
Staff Recommendation: Recommend that the City
Council conditionally approve Residential Planned
Development Permit No. 89 -3.
Winnie Wilson gave the staff report.
Mayor Perez opened the public hearing.
Tom Thompson, 12623 Hillside Drive, provided a
short history of the development of the
Presbyterian Church in Moorpark and outlined the
goodwill that churches normally contribute to a
community.
Curtis Illingworth, 641 Hievera Street, San Luis
Obispo, spoke as the architect for the proposed
Presbyterian church project. He gave an overview
of the completed project and described the two
phases of development.
In response to Mr. Kueny, Tom Thompson stated that
the Presbyterian Church has an agreement with
Carlsberg that Carlsberg will build out the street
and move the utilities up to the property line for
the church.
Minutes of the City Council
Moorpark, California Page 12 July 11, 1990
Robert Warren, 1881 Knoll Drive, Ventura, of
Ramseyer Associates, spoke in favor of the church
project and addressed three conditions (32, 33 and
41) that he would like to see modified as editorial
comments.
Dave Wilkinson, 4791 Elderberry Avenue, spoke as
pastor of the Moorpark Presbyterian Church. He
stated that he expects the growth potential of the
church to be a maximum of 700 -750 members. He also
indicated that other congregations within the City
are being affected by what is decided by the
Council at this meeting.
Paul Donahue, 12131 London Grove Court, spoke in
favor of the approval of the proposed church
project.
Father Cosgrove, 12539 Adlena Place, spoke as
priest of Holy Cross Catholic Church. He expressed
favor with the financial exemption of Moorpark
Presbyterian for the Area of Contribution fees and
he requested that land not be taken from the
churches for meandering sidewalks and other
amenities.
Marg Nelson, 13720 Donnybrook Lane, spoke as parish
administrator for Holy Cross Church. She spoke in
favor of the proposed project except for the road
widening. She said this would mean increased
traffic and speed and would endanger children who
attend the Christian education classes held at Holy
Cross.
Errol Hale, 4330 Deepwell Lane, spoke as a
representative from the Shiloh Community Church.
He spoke in favor of the proposed Moorpark
Presbyterian Church project.
Bill LeMaster, 12705 Winter Avenue, spoke as a
member of the Moorpark Lutheran Church. He urged
the Council to approve the Presbyterian Church
project.
Don Wagenbach, 821 Charles Street, also spoke as a
member of the Moorpark Lutheran Church. He asked
the Council to approve the Presbyterian Church
building project.
Minutes of the City Council
Moorpark, California Page 13 July 11, 1990
Michael J. McKinniss, 11956 Silvercrest Street,
expressed hope that the Council will approve the
proposed church project.
Tom Piehn, 12177 Cherrygrove Street, spoke as a
member of the Moorpark Presbyterian Church, and
requested that the Area of Contribution fees not be
required of the church.
Roger Kahle, 4282 Granadilla Drive, spoke in favor
of the Moorpark Presbyterian Church.
Scott Belie, 11564 Coralberry, asked why the church
should have to pay the Area of Contribution fees.
Mickey Stueck, 4767 Elderberry, spoke as Clerk of
the Session of the Moorpark Presbyterian Church.
She spoke in favor of the project and stated that
only eight of the member families live outside of
Moorpark.
AT THIS POINT in the meeting a recess was declared. The
time was 12:05 a.m. The meeting reconvened at 12:30 a.m.
MOTION: Councilmember Montgomery moved and Councilmember
Lawrason seconded a motion to accept the street
improvement on page 5 of the Community Development
Department Conditions with the amendment that the street
is to be 40 feet paved, with 53 feet of right -of -way.
The motion carried by roll call vote 4 -1, Councilmember
Harper dissenting.
MOTION: Councilmember Montgomery moved and Councilmember
Harper seconded a motion that meandering sidewalks were
not required for the project. The motion carried by
unanimous voice vote.
Mr. Kueny stated that park fees were not required
for this project and no action had to be taken
relative to that matter. He indicated that the
staff recommendation would be revised to not impose
park fees.
MOTION: Councilmember Montgomery moved and Councilmember
Lawrason seconded a motion that to establish a policy
relative to waive AOC payments for tax exempt
organizations and that pursuant to that policy that this
organization be exempted.
Minutes of the City Council
Moorpark, California Page 14
July 11, 1990
AMENDMENT TO THE MOTION: Councilmember Harper moved and
Councilmember Montgomery seconded a motion to make the
policy retroactive. The amendment carried by unanimous
voice vote.
VOTE ON THE MAIN MOTION: The main motion as amended
carried by unanimous voice vote.
MOTION: Councilmember Brown moved and Councilmember
Montgomery seconded a motion to remove the requirement
for a sluff wall. The motion carried by unanimous voice
vote.
MOTION: Councilmember Montgomery moved and Councilmember
Harper seconded a motion to approve the Planning
Commission recommendations as outlined in the staff
report dated July 7, 1990 to delete existing Condition
12 and add new Condition 12, to delete Condition 24 and
add new Condition 24. The motion carried by unanimous
voice vote.
MOTION: Councilmember Montgomery moved and Mayor Perez
seconded a motion to amend Condition 32 to insert "except
approved driveway ", Condition 33 to add "permit" to the
end of the sentence and to delete Condition 41. The
motion carried by unanimous voice vote.
Mayor Perez closed the public hearing.
MOTION: Councilmember Montgomery moved and Councilmember
Harper seconded a motion to approve the Conditions for
RPD 89 -3 as amended by the Council, conditionally approve
Residential Planned Development No. 89 -3 with the
Mitigated Negative Declaration, and Mitigation Reporting
and Monitoring Program; also, approve the revised staff
recommendation not to levy park fees against the
development. The motion carried by unanimous voice vote.
The Council reorganized the agenda at 12:55 a.m.
11. A. Consider Revised Draft Ordinance Relative to a
Comprehensive Program for General Plan Amendments
(CPO). Staff Recommendation: Direct staff as
deemed appropriate. (Continued Item ll.d. from
6/27/90 meeting.)
MOTION: Councilmember Montgomery moved and Councilmember
Brown seconded a motion to continue item 11.A. until 7:00
p.m. on Monday, July 23, 1990. The motion carried by
unanimous voice vote.
Minutes of the City Council
Moorpark, California Page 15 July 11, 1990
BY CONSENSUS: By consensus the Council determined to
request an analysis from the City Attorney on the letter
received from Gary Austin of Messenger Investment
Company.
AT THIS POINT in the meeting item 8.L. was heard:
L. Consider Resolution No. 90 -695 Calling and Giving
_Notice of a Measure on Ambulance and Paramedic
Services to be Added to the November General
Municipal Election Consolidated with the Statewide
General Election in November and Resolution No. 90-
696 Requesting the County of Ventura to Provide
Election Services and Resolution No. 90 -697 to
allow Members of the City Council to File Arguments
For the Measure and Resolution No.90 -698 Providing
for the Filing of Rebuttals. Staff Recommendation:
Adopt the resolutions.
MOTION: Councilmember Harper moved and Councilmember
Brown seconded a motion to adopt Resolution No. 90 -695
calling and giving notice of the measure on Ambulance and
Paramedic Services to be consolidated with the November
6, 1990 statewide election. The motion carried by voice
vote 3 -2, Councilmembers Montgomery and Lawrason
dissenting.
MOTION: Councilmember Harper moved and Councilmember
Brown seconded a motion to adopt Resolution No. 90 -696
requesting the County of Ventura to provide election
services. The motion carried by voice vote 3 -2,
Councilmembers Montgomery and Lawrason dissenting.
MOTION: Councilmember Brown moved and Councilmember
Harper seconded a motion to adopt Resolution No. 90 -697
authorizing the filing of arguments for the measure;
Councilmember Montgomery and Lawrason's names to be
removed from the resolution. The motion carried by voice
vote 3 -2, Councilmembers Montgomery and Lawrason
dissenting.
MOTION: Councilmember Brown moved an Councilmember
Harper seconded a motion to adopt Resolution No. 90 -698
authorizing the filing of rebuttals. The motion carried
by voice vote 3 -2, Councilmembers Montgomery and Lawrason
dissenting.
Minutes of the City Council
Moorpark, California Page 16 July 11, 1990
9. PUBLIC HEARINGS (Continued):
A. Consider Anneal of Section 5.60.080 of the Moorpark
Municipal Code Regarding Newsracks. Staff
Recommendation: Continue to July 25, 1990.
It was noted that the Daily News and L.A. Times had
requested continuance to the July 25, 1990 meeting.
MOTION: Councilmember Montgomery moved and Councilmember
Brown seconded a motion to continue the item to July 25,
1990. The motion carried by unanimous voice vote.
B. Consider a Proposed Ordinance Amending Articles
3,5.6,7 and 8 of the Zonina Code to include a
Requirement that a Residential Planned Development
(RPD) Permit be Obtained for Projects Creating Five
or More Separate Lots and Amending Article 19 to
Revise and Clarify RPD Permit Requirements. Staff
Recommendation: Return draft ordinance to Planning
Commission for review and recommendation on changes
made to setback requirements.
MOTION: Councilmember Brown moved and Councilmember
Montgomery seconded a motion to approve the staff
recommendation to return the draft ordinance to the
Planning Commission for review and recommendation on
changes made to the setback requirements; the item to
come back in the shortest time possible; the public
hearing closed, to be re- advertised when placed back on
the Council agenda. The motion carried by unanimous
voice vote.
10. COMMENTS FROM COUNCIL MEMBERS:
None.
11. ACTION /DISCUSSION ITEMS:
B. Consider General Plan Update - Discussion of Land
Use Alternatives. Staff Recommendation: Direct
staff as deemed appropriate. (Continued Item 11.C.
from 6/27/90 meeting.)
Mr. Kueny said that the intent is to verify the
action taken previously by the Council.
Minutes of the City Council
Moorpark, California Page 17 July 11, 1990
In the staff report revisions were made in the
Alternatives to be Analyzed in Draft EIR as
follows:
Alternative 2 of the staff report was revised to
add "and the commercial area south of Los Angeles
Avenue between Moorpark Avenue and Maureen Lane to
be reduced by approximately 40 percent."
Alternative 3 of the staff report was revised to
delete, "and the commercial area south of Los
Angeles Avenue between Moorpark Avenue and Maureen
Lane to be reduced by approximately 40 percent."
The paragraph following Alternative 3 was deleted
as was the section headed "Not Discussed at the 7-
9-90 Workshop.
MOTION: Councilmember Brown moved and Councilmember
Lawrason seconded a motion to receive and file the staff
report as amended above and to direct staff that the
Council's Community Development Committee is to be kept
informed of all communication between the consultant
(PBR) and the City and the full Council is to be copied
on all written correspondence. The motion carried by
unanimous voice vote.
C. Consider Proposed Use of North Meadows Park by
Moorpark Little League. Staff Recommendation:
Schedule public hearing for August 1, 1990.
BY CONSENSUS: By consensus the Council determined to
assign the Council Public Works /Facilities Committee to
meet with the representatives of the Moorpark Little
League concerning their need to increase the number of
playing fields to accommodate increasing participation.
D. Consider Contribution to Ventura County Art
Alliance. Staff Recommendation: Direct staff as
deemed appropriate.
MOTION: Councilmember Lawrason moved that the City
donate $1,000 to the Ventura County Art Alliance.
The motion dies for lack of a second.
Minutes of the City Council
Moorpark, California Page 18 July 11, 1990
MOTION: Councilmember Harper moved and Mayor Perez
seconded a motion to take $2,500 from the General Fund
Reserve and give it to the local Moorpark Arts Council,
allowing the Moorpark Arts Council the potential to give
some of the donation to the Ventura County Arts Alliance
if they desired.
Councilmember Harper with the consent of the second
(Mayor Perez) withdrew the motion.
BY CONSENSUS: By consensus the Council determined to
continue to a future meeting, discussion of giving $2,500
to the Moorpark Arts Council.
E. Consider Additional Applications for First Time
Home Buyer Program. Staff Recommendation:
Authorize 30 days subsequent application period.
MOTION: Councilmember Brown moved and Councilmember
Harper seconded a motion to approve the staff
recommendation to end the filing period on a date
selected by staff, and allow for a new drawing on August
15, 1990.
F. Consider Authorizing Use of the Community Center
Parking Lot by the Environmental Coalition for a
Clean -up Day.
MOTION: Councilmember Brown moved and Councilmember
Montgomery seconded a motion to allow the Environmental
Coalition to use the Community Center parking lot free of
charge on July 21, 1990. The motion carried by unanimous
voice vote.
G. Consider Temporary Funding of the Meals for Senior
and the Literacy Programs until CDBG funds become
Available.
MOTION: Councilmember Brown moved and Councilmember
Harper seconded a motion to fund the Senior Nutrition and
Literacy Programs from the Social Services Account until
CDBG funding became available. The motion carried by
unanimous voice vote.
Minutes of the City Council
Moorpark, California Page 19
12. ORDINANCES:
July 11, 1990
A. Consider Second Reading and Adoption of Ordinance
No. 127 - an ordinance pertaining to the abatement
of hazardous unreinforced masonry buildings.
Ms. Kane read the ordinance title.
MOTION: Councilmember Brown moved and Councilmember
Harper seconded a motion to read the ordinance in title
only. The motion carried by unanimous voice vote.
MOTION: Councilmember Harper moved and Councilmember
Brown seconded a motion to read for the second time and
adopted. The motion carried by unanimous voice vote.
B. Consider Second Reading and Adoption of Ordinance
No. 129 - an ordinance to Increase City Council
Compensation to $300.00 per month.
Ms. Kane read the ordinance in title.
MOTION: Councilmember Montgomery moved and Councilmember
Harper seconded a motion to read the ordinance in title
only. The motion by voice vote was 4 -1 in favor,
Councilmember Lawrason dissenting.
Ms. Kane read the ordinance in its entirety.
MOTION: Councilmember Montgomery moved and Councilmember
Harper seconded a motion to declare the ordinance read
for the second time and adopted as read. The motion
carried by voice vote 3 -2, Councilmembers Brown and
Lawrason dissenting.
13. FUTURE AGENDA ITEMS:
None.
14. CLOSED SESSION:
MOTION: Councilmember Brown moved and Councilmember
Harper seconded a motion to adjourn to Closed Session for
a discussion of all items listed:
A. Personnel.
Minutes of the City Council
Moorpark, California Page 20 July 11, 1990
B. Potential litigation pursuant to Government Code
Section 54956.9(b)(1).
C. Potential litigation pursuant to Government Code
Section 54956.9(c).
D. Litigation concerning City of Moorpark vs. Moorpark
Unified School District.
E. Litigation concerning Moorpark Unified School
District vs. City of Moorpark.
F. Litigation concerning Ventura County Community
College District vs. City of Moorpark.
G. Litigation concerning the County of Ventura vs.
City of Moorpark.
H. Negotiations for Real Property on the North Side of
Tierra Rejada Road East of Spring Road (Pacifica
Corp.) pursuant to Government Code Section 54945.8.
I. Litigation concerning the Moorpark Mosquito
Abatement District vs. City of Moorpark.
J. Litigation concerning Colonial Mortgage vs. City of
Moorpark.
The motion carried by unanimous voice vote.
AT THIS POINT in the meeting a recess was declared. The
time was 1:35 a.m.
The meeting reconvened into Closed Session at 1:45 a.m.
Present in 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 2:43 a.m.
Mr. Kueny stated that only items 14.A., 14.B., 14.C.,
14.D., 14.E., had been discussed.
Minutes of the City Council
Moorpark, California Page 21 July 11, 1990
15. ADJOURNMENT:
MOTION: Councilmember Brown moved and Councilmember
Harper seconded a motion to adjourn. The motion carried
by unanimous voice vote. The time was 2:44 a.m.
Bernardo M. Perez, Mayor
ATTEST: