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HomeMy WebLinkAboutMIN 1991 0206 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California February 6, 1991 A Regular Meeting of the City Council of the City of Moorpark was held on February 6, 1991 in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Lawrason called the meeting to order at 7:12 p.m. A moment of silence was observed for those serving in the Persian Gulf war. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Montgomery. 3. ROLL CALL: Present: Councilmembers Montgomery, Perez, Wozniak, and Mayor Lawrason. Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; Pat Richards, Director of Community Development; Lt. Rodriguez, Sheriff's Department; Ken Gilbert, Director of Public Works; Paul Porter, Senior Planner; Susan Cauldwell, Assistant to City Manager; Phil Newhouse, Director of Community Services; Carolyn Greene, Management Analyst; Don Reynolds, Management Analyst; David Baird, Building Official; Lillian Kellerman, City Clerk; Dorothy Vandaveer, Deputy City Clerk. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: Proclamation in support of the action in responding to Iraq's invasion of Kuwait and its threat to the Persian Gulf Region. Mayor Lawrason read the proclamation and stated that it would be framed and displayed. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mr. Kueny requested that the Council consider AB241 (McClintock) with Item 8.N., as information on the Bill became available after the posting of the agenda. Minutes of the City Council Moorpark, California Page 2 February 6, 1991 MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to consider AB241 (McClintock) with Item 8.N., as information on the Bill became available after the posting of the agenda. The motion carried by unanimous voice vote. 6. PUBLIC COMMENT: Bill Davis, City Councilmember Simi Valley, spoke concerning paramedic concerns and a permanent weigh station in Moorpark. He said he hoped that the Cities of Simi Valley and Moorpark would unite to influence the County to accomplish both of these items. Ruth Farabaugh, 13543 E. Cedarpine, representing the Northview Neighborhood Homeowners Association spoke concerning fireplace shrouds. She said Pardee Construction removed shrouds in her tract but did not replace them. Steve Brodsky, 4572 Vista Del Valle, spoke regarding the LEAP Report. He asked that Council be aware that the program had evolved to be a combination of the original goals as modified by Council and Police. He asked the Council to view the long term benefits of the program. Ethel Sulkis, 280 Sierra, spoke regarding the LEAP Report. She said the LEAP program reminds her of a program in New York which got out of control. Geret Kritzer, 12794 Summer St., spoke regarding fireplace shrouds, complaining of the City's handling of this issue. John Torres, 12505 Willow Hill Drive, spoke concerning the $1 million collected by the City from Urban West for construction of a community use building. He said he believed Urban West could provide a better building using their construction resources than the City. On another subject (soccer fields at the Arroyo Vista Park) , he said he felt that soccer is a special interest group. Eloise Brown, 13193 Annette, spoke regarding the acquisition of the second piece of land needed for the right -of -way for the widening on Tierra Rejada Road. She said a weigh station was needed in the City. With regard to LEAP, she said she supported the staff report -- the people in LEAP need to be identifiable. Minutes of the City Council Moorpark, California Page 3 February 6, 1991 Patti Smith, 12586 Country Meadow St., Mt. Meadows Neighborhood Council President, spoke regarding fireplace shrouds. She said they were anxious to see the problem resolved because the type 3 shroud used in the Mt. Meadows tract is potentially dangerous. She said Urban West has indicated they would take action if the City would given guidelines as to what remedial action would be acceptable. She requested that the item be moved up to an earlier position on the agenda as there were many people present for the item. Richard Chavez, 651 Diablo Avenue, spoke concerning Item 11.F. He said establishment of an Ad Hoc Committee to review gang activity was a good idea as long as the review did not become racially focused. He offered to serve on the committee. Councilmember Perez said that the focus of the committee will be to come up with creative programs for our local youth. Alan Camp, 5450 Telegraph Road, Ventura, representing Carlsberg, addressed Items 8.C. 9.C. 12.C. all relating to Carlsberg. He asked the Council to move forward relative to the ordinance adoptions. He said they had requested and staff had responded to editorial corrections to the Specific Plan. He said the Specific Plan in the agenda packet was acceptable. He asked that his January 4, 1991 letter to the Council be incorporated into the record. He said there still are some very substantive items to discuss regarding the south half of the Carlsberg Specific Plan boundary. He said that property has a separate and distinct ownership -- a separate application was filed on their behalf. He said there are severe financial problems associated with the land use and infrastructure requirements that have been or will be placed on this portion of the property. He said we are not waiving any rights we may have in the future. 7. COMMITTEE REPORTS: None were given. 8. CONSENT CALENDAR (Roll Call Vote): MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to pull items 8.E., 8.F., 8.N., and 8.0. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Special Meeting of City Council on January 9. 1991. B. Warrant Register Minutes of the City Council Moorpark, California Page 4 February 6, 1991 Manual Warrants 13978 - 13998 $170,619.20 Voided Warrants 12844, 14519, 14540 ($ 2,830.74) Warrants 14563 - 14642 $316,733.62 C. Consider Transmittal of Carlsberg Documents. Staff Recommendation: Receive and file. D. Consider Vacation of Brookwood Drive. Staff Recommendation: Adopt Resolution No. 91 -736. G. Consider Rescinding Resolution No. 86 -335 and Adopting Resolution No. 91 -739 Designating the Ventura County Transportation Commission as Ventura County Service Authority for Freeway Emergencies (SAFE). Staff Recommendation: Adopt Resolution No. 91 -739 designating VCTC as Ventura County's SAFE. H. Consider City Manager Approved Contract for Grading at City Hall by D. E. Eddings. Staff Recommendation: Receive and file report. I. Consider City Manager Approved Contract to Repair Slumpstone Wall at Campus Park by Arriaga Concrete. Staff Recommendation: Receive and file report. J. Consider Resolution 91 -740 Rescinding Previous Resolutions Granting Ventura County. Cablevision Time Extensions. Staff Recommendation: Approve Resolution No. 91 -740. K. Consider Surplus Land from CalTrans. Staff Recommendation: Direct staff to send a letter of interest on the possible acquisition of the subject property. L. Contract for Pavement Analysis Related to a Proposed Asphalt Overlay Project. Staff Recommendation: Approve the agreement and authorize the Mayor to execute. M. Consider Additional Funding for Spring and Summer Recreation Brochure. Staff Recommendation: Appropriate $3,000 from the General Fund Reserves for printing of the Spring and Summer Recreation Brochures. Minutes of the City Council Moorpark, California Page 5 February 6, 1991 P. Consider Appropriation of Additional Funds for City Hall Portable Office Trailer. Staff Recommendation: Appropriate money from General Fund Reserve. Q. Consider Authorization to Proceed with the Design for the Construction of a Sidewalk on the North Side of Los Angeles Avenue from Spring Road to Millard. Staff Recommendation: Authorize revisions to appropriations and budget and select Charles Abbott to prepare project design. The following items were pulled from the Consent Calendar for individual consideration: E. Consider Final Report on Christmas Tree Recycling Program. Staff Recommendation: Receive and file. Mayor Lawrason stated that 76% of the trees purchased in the City were recycled. He congratulated staff on this program. MOTION: Mayor Lawrason moved and Councilmember Perez seconded a motion to receive and file the report. The motion carried by unanimous voice vote. F. Consider Authorizing Preparation of Engineer's Reports for AD85 -1 and AD84 -2 for FY91/92. Staff Recommendation: Authorize City Manager to sign letter authorizing preparation of reports by Dwight French Associates at a cost of $2,975 per District for a total cost of $5,950 exclusive of all City incurred direct cost. In response to Mayor Lawrason, Ms. Cauldwell stated that she was confident that the data base of information to be used for the assessment was correct. MOTION: Councilmember Lawrason moved and Councilmember Perez seconded a motion to adopt Resolutions 91 -737 and 91 -738 authorizing preparation of engineer's reports for FY91/92 for the Moorpark Lighting and Landscaping Maintenance Assessment District and the Moorpark Parks Maintenance Assessment District; authorize Dwight French and Associates to prepare FY91/92 engineer's reports for AD84 -2 and AD85 -1 in an amount not to exceed $9,956; authorize the City Manager to sign the letter of agreement with Dwight French and Associates. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 6 February 6, 1991 N. Consider SB169 (Boatwright) a Bill to Repeal SB2557. Staff Recommendation: Authorize the Mayor to sign a letter in support of SB169. Consider AB241 (McClintock) a Bill to Repeal booking fees and property tax administration fees. Staff Recommendation: Authorize the Mayor to sign a letter in support of AB241. Mayor Lawrason indicated the Council's support of both SB169 and AB241. MOTION: Mayor Lawrason moved and Councilmember Perez seconded a motion to approve the staff recommendation to send letters in support of SB169 and AB241. The motion carried by unanimous voice vote. O. Consider Report on Returned Assessment District Refund Checks. Staff Recommendation: Receive and file. Mr. Kueny went over the amended staff recommendation which is to direct staff to attempt to contact the eight property owners who are entitled to assessment district refunds and direct that any refunds not claimed by April 5, 1991, be retained by the City. Councilmember Perez asked that the time limit for claiming refunds be extended to June 30, 1991. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to approve the staff recommendation as stated by Mr. Kueny above with the time limit for claiming refunds to be extended to June 30, 1991. The motion carried by unanimous voice vote. 9. PUBLIC HEARINGS: A. Consider Zoning Ordinance Update - Proposed Adoption of a Revised Ventura County Zoning Ordinance as an Interim Measure until the Land Use and Circulation Elements of the General Plan has been Revised. Staff Recommendation: City Council approve the Updated Zoning Ordinance as amended. (Continued Item 9.B. from 1/23/91) (Public hearing remains open.) Mr. Porter gave the staff report. Minutes of the City Council Moorpark, California Page 7 February 6, 1991 Mayor Lawrason noted that the public hearing was still open. As there was no one present to speak to the item, Mayor Lawrason closed the public hearing. After brief Council discussion, the following motion was heard: MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to determine that the project is categorically exempt pursuant to Section 15061 (b)(3) of the State CEQA Guidelines; rescind the current Zoning Ordinance, Chapter 1 of Division of the Ventura County Ordinance Code adopted by Ordinance No. 6 and Ordinance Nos. 74, 76, 113, 83, 112, 121, and 130 and adopt the current County Ordinance with the modifications as approved by the City Council. The motion carried by unanimous voice vote. BY CONSENSUS: By consensus the Council determined to defer action on the introduction of the ordinance until later in the meeting. B. Consider Single - Family Residential Construction Valuation. Staff Recommendation: Adopt the draft resolution directing that the assigned valuation be based upon the most recent national construction costs data as published by the International Conference of Building Officials and that such valuation be adjusted annually. Mr. Richards gave the staff report. He indicated that the Chamber of Commerce had communicated that they had no concerns with the resolution. He also stated that no response had been received from the Building Industry Association. Mayor Lawrason opening the public hearing. As there was no one present to speak to the item, Mayor Lawrason closed the public hearing. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to approve the staff recommendation to approve the use of the valuations assigned by the International Conference of Building Officials; direct the Building Official to set the value of single family residential construction at the January 1991 I.C.B.O. level; direct that annually, each January, the Building Official place on the Council's agenda an updated construction value for single family residential dwellings; adopt Resolution No. 91 -741. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 8 February 6, 1991 C. Consider Proposed Rezoninq of the Carlsberg Specific Plan Area from R -E. R -E -1 and RPD 1.6 to C -P -D (SP) M-1(SP) "' OS (SP) R -A (SP) RPD lu (SP), RPD 2u (SP), RPD 3u (SP) and RPD 5u(SP). Staff Recommendation: Council approve the zone changes as recommended by the Planning Commission and staff. Mr. Porter gave the staff report. Mayor Lawrason opened the public hearing. Mayor Lawrason stated that Mr. Alan Camp had previously addressed this item under public comment and was no longer in attendance at the meeting. There being no other speakers, Mayor Lawrason closed the public hearing. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to find the subsequent use of the Final Environmental Impact Report for the Carlsberg Specific Plan is adequate for the rezoning of the Carlsberg property, and that the EIR adequately identifies the impacts that would be created by the rezoning of the property to be consistent with the land use designations for the Carlsberg Specific Plan property. The motion passed by unanimous voice vote. Ms. Kane advised the Council regarding accepting the January 4, 1991 letter referenced by Mr. Camp during public comment. She said the letter was delivered after the conclusion of the public hearing on the Specific Plan. She said the Council could accept the letter into the record of this proceeding which is the proceeding relative to the zoning ordinance but note should be taken that the letter is not germane to these proceedings. BY CONSENSUS: By consensus the Council determined to include the January 4, 1991 letter previously received from Mr. Camp into the record of this hearing, noting that it is not germane to this proceeding. Ms. Kane read one correction to proposed Ordinance No. 136 into the record, changing "RESOLVE" to "ORDAIN" in the enacting clause. She then read the ordinance title of the ordinance to rezone the Carlsberg Specific Plan property. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to read the ordinance title. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 9 February 6, 1991 MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to waive further reading and declare Ordinance No. 136 introduced for first reading. The motion carried by unanimous voice vote. D. Consider Re- Appropriation of 1988/89, 1989/90 and 1990191 Community Development Block Grant funds, ($473,716) to Meet Expenditure Deadlines. Staff Recommendation: Reappropriate $242,266 for a loan to the City of Santa Paula. Mr. Reynolds gave the staff report. He recommended that the public hearing be opened and the item continued as new information had been received from the County and other local agencies which needed to be analyzed. Mayor Lawrason opened the public hearing. There was no one present to speak to the item. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to continue this item to February 13, 1991; the public hearing to remain open. The motion carried by unanimous voice vote. 10. COMMENTS FROM COUNCIL MEMBERS: Councilmember Perez noted that construction on the freeway connector is scheduled to begin the first of April 1991. Councilmember Wozniak noted that the DARE culmination is tomorrow night at Flory School and he would be attending. Councilmember Wozniak congratulated his 13 year old son on his birthday. Councilmember Montgomery said he had received communication from Performance Nursery and asked if staff were investigating concerns regarding cost sharing for an electrical meter device. Councilmember Montgomery stated that he will not be in attendance for the February 20, 1991 City Council meeting. Mayor Lawrason indicated that he will be in attendance for the DARE culmination. He said DARE culminations were very stirring experiences and recommended the citizens attend. BY CONSENSUS: By consensus the Council determined to re -order item 11.C. to be heard before item 11.A. Minutes of the City Council Moorpark, California Page 10 11. ACTION /DISCUSSION ITEMS: February 6, 1991 C. Consider Status of the Fireplace Shrouds Issue. Staff Recommendation: Direct staff as deemed appropriate. Mr. Richards gave the staff report. In response to Councilmember Montgomery, Mr. Baird indicated that a permit must be pulled to change fireplace shrouds and that no other type besides a so- called type 1 shroud would be approved by the City. He also stated that Urban West Communities had not pulled a permit to change even one fireplace shroud. BY CONSENSUS: By consensus the Council determined that Urban West Communities should be contacted early tomorrow morning regarding the need to pull permits and change type 3 fireplace shrouds to type 1 fireplace shrouds. Patti Smith was allowed to address the Council again and asked what the City's recommendation was for existing type 2 shrouds. Mr. Kueny said that the City's interpretation of the Building Code in force at the time of original installation is that the so- called type 2 shrouds were acceptable. He said type 2 shrouds have not been shown to be hazardous but the building codes currently in place require a type 1 shroud. Councilmember Montgomery clarified that there is no demonstrable problem with type 2 shrouds but in pulling a permit today, only a type 1 is permitted under the code. Ruth Farabaugh asked what the City intended to do with regard to the removal of fireplace shrouds in Tract 2865 (Pardee). She said Pardee had removed the fireplace shrouds but not replaced them. In response to Councilmember Montgomery, Mr. Richards indicated that he would have to research whether permits were pulled by Pardee for removal of fireplace shrouds. BY CONSENSUS: By consensus the Council determined to request a report on whether permits were pulled by Pardee for removal of shrouds in Tract 2865; this portion of the Fireplace Shrouds issue to be continued to 2/13/91. Minutes of the City Council Moorpark, California Page it February 6, 1991 A. Consider Moorpark Law Enforcement Assistance Program (LEAP) - A Citizen Patrol. Staff Recommendation: Direct staff as deemed appropriate. (Continued Item 11.C. from January 23, 1991) Lt. Rodriguez gave the staff report. In response to Mayor Lawrason, Lt. Rodriguez indicated that there would be no decrease or change in patrolling if the LEAP program were implemented. He said there would be no cost savings in that area. Mr. Harvey Plaks was permitted to address the Council. He expressed his concerns over the LEAP program, saying that he believed it was better to use City funds to improve lighting and existing programs. The Council discussed concerns over liability and budget issues concerned with the LEAP program. BY CONSENSUS: By consensus the Council determined to request a report on whether the Southern California Joint Powers Insurance Authority (SCJPIA) would cover the City's liability with the LEAP program under the City's general liability insurance coverages and if there would be a surcharge involved. BY CONSENSUS: By consensus the Council determined to request a position statement from the County Sheriff's Department on their assumption of liability with this program. MOTION: Mayor Lawrason moved and Councilmember Perez seconded a motion to continue the item to the February 13, 1991 City Council meeting to review the information from the County Sheriff's Department and SCJPIA. The motion carried by unanimous voice vote. AT THIS POINT in the meeting the Mayor declared a break. The time was 9:50 p.m. The meeting reconvened at 10:15 p.m. B. Consider Planned Development Permit Nos. 1062/1063 (The Embassy Group Inc.) Request for an Additional Time Extension. Staff Recommendation: Grant conditional six month time extension. (Continued Item 11.A. from January 23, 1991) Mr. Richards gave the staff report. Minutes of the City Council Moorpark, California Page 12 February 6, 1991 Mr. Kueny recommended continuing the item to the February 13, 1991 City Council meeting and sending a letter to Embassy that the Council would act upon the time extension at that meeting. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to continue this matter until further consideration at the February 13, 1991 City Council meeting. The motion carried by unanimous voice vote. D. Consider Code Enforcement Citation Authority and Pro-Dosed Bail Schedule. Staff Recommendation: That the Council approve the use of citation authority by Code Enforcement officers and approve the related bail schedule. Resolutions No. 91 -742 and 91 -743. Mr. Richards gave the staff report. Mayor Lawrason stated that he did not want to see code enforcement escalate to police action. Mr. Richards clarified that the procedures and policies associated with this process had yet to be put in place. He suggested that the Council review the procedures and policies prior to implementation of this program. In response to Councilmember Montgomery, Mr. Richards said it will be at least another 30 days before the procedures and policies are ready for review. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to adopt Resolutions No. 91 -742 and 91 -743; no program implementation to occur until after the policies and procedures associated with the program are reviewed by the Council. The motion carried by voice vote 3 -1, Mayor Lawrason dissenting. E. Consider Citywide Patriotic Display to Support Operation Desert Storm. Staff Recommendation: Direct staff as deemed appropriate. Ms. Greene gave the staff report noting the revision on costs given to the Council. Minutes of the City Council Moorpark, California Page 13 February 6, 1991 MOTION: Councilmember Montgomery moved and Councilmember Lawrason seconded a motion to approve the purchase of flags from All the Kings in San Diego, ribbon from Elaine Cordeau in Moorpark, and plastic survey tape from Continental Art in Reseda; $2,000 to be appropriated out of Gann Fund monies earmarked for the study of street light illumination in the City. The motion carried by unanimous roll call vote. F. Consider Establishment of an Ad Hoc Committee to Review Gang Activity. Staff Recommendation: Establish ad hoc committee. Mr. Kueny gave the staff report. He recommended that the Ad Hoc Committee meet once or twice and then come back with a recommendation to the full Council. Mayor Lawrason and Councilmember Perez volunteered to serve on the Ad Hoc Committee. Mayor Lawrason indicated that the meetings) be held consisting of representatives from: 1. City (3) 2. MUSD (2) 3. Sheriff (2) 4. Moorpark Boys and Girls Club 5. Chamber of of Commerce 2 Councilmembers and 1 Board Member and 1 Lt. Rodriguez and 1 Executive Director 1 Representative City Manager Staff Person other Councilmember Montgomery suggested adding some public members, possibly Mr. Chavez, to a task force once formed. MOTION: Mayor Lawrason moved and Councilmember Wozniak seconded a motion to form the Ad Hoc Committee consistent with the membership above; the Ad Hoc Committee to determine potential courses of action and who should be directly involved in these efforts and to address the formation and membership of a task force that would thoroughly review the matter. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 14 February 6, 1991 G. Consider Council Committee Youth Dance Report. Staff Recommendation: Approve Council Youth Dance Program Committee recommendations. Councilmember Perez said that Our Town Teens will be developing their calendar on February 24. He said after that there will be a clearer idea of what kind of program Our Town Teens will be developing regarding the teen dance that targets the 13 to 19 year old group. As the member of the Council Youth Dance Committee, he said he recommended the Council support the Council Committee recommendations as outlined in the staff report: 1. Our Town Teens group be given use of the Apricot Room two Fridays or Saturdays each month for the purpose of sponsoring Teen Dances for youth ages 13 to 19 through the remainder of the current school year. 2. All fees associated with use of the Apricot Room and kitchen be waived except for direct staff costs for one Maintenance Worker, which may include setup, cleanup and attendance at each dance. 3. Attendance to the dances be open to any teenager aged 13 to 19 regardless of what school they attend provided they have a school identification card. 4. Our Town Teens establish their own rules and regulations for dance conduct. 5. City be named as additional insured on their insurance policy for period of use of the community Center for their dances. 6. The City, beginning in March, hold a monthly dance for students in grades 7 & 8 attending school in the Moorpark Unified School District or outside the district provided they have a school identification card and live in the corporate boundaries of Moorpark, provided the City is assisted by outside groups to serve as chaperons. As an incentive to solicit other groups to assist the City, the snack bar would be offered to each respective group, and all revenues collected would be theirs. (Moorpark Kiwanis has previously volunteered to chaperon one youth dance and will be requested to do so in March.) Minutes of the City Council Moorpark, California Page 15 February 6, 1991 7. The opportunity be made available to other Moorpark based community organizations to sponsor Youth Dances provided they meet the City's requirements. Should those groups not wish to staff the snack bar, the opportunity would be offered to MYAC or other Moorpark based community organizations. 8. The Parks and Recreation Commission evaluate and provide the City Council a full report on the dances after the May dance is held. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to approve the Council Committee recommendations presented in the staff report recommendation as presented above. The motion carried by unanimous voice vote. H. Consider A Report Regarding Consideration for the Possible Vacation of Park Lane, North of Los Angeles Avenue, in Conjunction with a Proposal to Provide a Cross - Connection between Mission Bell Plaza and the Moorpark Town Center. Staff Recommendation: Direct the Community Development Committee and staff as deemed appropriate. Mr. Richards gave the staff report. Councilmember Montgomery said that more information is needed on the circulation pattern to determine the viability of this proposal. Loretta Walsh, Asset Manager for the Town Center, addressed the Council explaining the plan. Councilmember Lawrason said he thinks the plan has some merit. Councilmember Wozniak concurred with Mayor Lawrason but said that there are too many variables to consider without more information. BY CONSENSUS: By consensus the Council agreed that the project had merit and urged the applicant to continue work on this approach which may be a viable option once complete circulation information is available. Minutes of the City Council Moorpark, California Page 16 February 6, 1991 9. A. Consider Zoning Ordinance Update - Ordinance No. 137 - Proposed Adoption of a Revised Ventura County Zoning Ordinance as an Interim Measure until the Land Use and Circulation Elements of the General Plan has been Revised. Staff Recommendation: City Council approve the Updated Zoning Ordinance as amended. (Continued Item 9.B. from 1/23/91) (Public hearing remains open.) This item was continued from earlier in the meeting. Ms. Kane read revisions to the ordinance. She then read the ordinance title. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to read the ordinance title. The motion carried by unanimous voice vote. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to waive further reading and declare Ordinance No. 137 introduced for first reading. The motion carried by unanimous voice vote. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to authorize the preparation of a summary for Ordinance No. 137. The motion carried by unanimous voice vote. 12. ORDINANCES: A. Consider Second Reading and Adoption of Ordinance No. 135 - An Ordinance Adopting Zone change No. 90 -3 (Urban West Communities). (Continued Item 12.A. from January 23, 1991) Ms. Kane read the title of Ordinance No. 135. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to read the ordinance title. The motion carried by unanimous voice vote. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to waive further reading and declare Ordinance No. 135 read for the second time and adopted. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 17 February 6, 1991 B. Consider Introduction of Ordinance No. 138 - An Ordinance Adopting the Community Design Plan and the Development Standards as described in the Carlsberg Specific Plan as the Zoning Regulations for Said Planning Area. (Continued Item 12.B. from January 23, 1991) Ms. Kane read the ordinance title. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to read the ordinance title. The motion carried by unanimous voice vote. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to waive further reading and declare Ordinance No. 138 introduced for first reading. The motion carried by unanimous voice vote. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to authorize the preparation of a summary of Ordinance No. 138. The motion carried by unanimous voice vote. 13. FUTURE AGENDA ITEMS: Councilmember Perez asked for clarification on whether the question of developing soccer field playing areas would go to the Parks and Recreation Commission as an agenda item. Mr. Newhouse said it was on the next Parks and Recreation Commission agenda. BY CONSENSUS: By consensus the Council determined that at the end of the meeting they would be announcing adjournment to February 13, 1991, and would continue discussion of items 9.A., 11.A., and 11.C. as it relates to the fireplace shroud issue relative to Pardee Tract 2865. 14. CLOSED SESSION: MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adjourn to Closed Session for a discussion of all items listed on the agenda: 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) Minutes of the City Council Moorpark, California Page 18 February 6, 1991 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. the City of Moorpark. K. Negotiations for Real Property at 289 Casey Road (Moorpark Unified School District) pursuant to Government Code Section 54945.8. L. Negotiations for Real Property on Los Angeles Avenue (East) pursuant to Government Code Section 54945.8. M. Litigation concerning City of Moorpark vs. Chuy's Restaurant. N. Negotiations for Real Property for three properties concerning Avenida Colonia and Nogales Street Reconstruction project: 1) Simon (APN 513 - 032 -04), 2) Faircloth (APN 513 - 033 -01), and 3) Ceniceros /Beltran (APN 513 - 024 -06) O. Negotiation for real property on the south side of Tierra Rejada Road, east of Spring Road (Watt). The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 11:10 p.m. The meeting reconvened into Closed Session at 11:20 p.m. Minutes of the City Council Moorpark, California Page 19 February 6, 1991 Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Cheryl Kane, City Attorney; Richard Hare, Deputy City Manager; and Pat Richards, Director of Community Development. Mr. Richards left the Closed Session at 11:55 p.m. The meeting reconvened into Open Session at 12:10 p.m. Mr. Kueny stated that there was no action to report out of Closed Session and only items 14.A., 14.C., and 14.M. had been discussed. 15. ADJOURNMENT: MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to adjourn to 7:00 p.m. on February 13, 1991. The motion carried by unanimous voice vote. The time was 12:11 p.m. LPaullW. Lawrason Jr., Mayorif ATTEST: