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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: