Loading...
HomeMy WebLinkAboutMIN 1991 0403 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California April 3, 1991 A Regular Meeting of the City Council of the City of Moorpark was held on April 3, 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 7:15 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Wozniak. 3. ROLL CALL: Present: Councilmembers Montgomery, Perez, Talley, 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; Susan Cauldwell, Assistant to the City Manager; Phil Newhouse, Director of Community Services; Debbie Traffenstedt, Senior Planner; Charles Abbott, City Engineer; Don Reynolds, Management Analyst; Lillian Kellerman, City Clerk; Dorothy Vandaveer, Deputy City Clerk. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: Reddy Pakala of the Ventura County Public Works Agency presented an overview of the present water conservation measures and plans for the wastewater treatment facilities of Waterworks District I. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to hear items 11.B. and 11.C. prior to public comment. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 2 DISCUSSION /ACTION ITEMS: April 3, 1991 11. B. Consider Review of Draft Supplemental Environmental Impact Report for the Expansion of the Moorpark Wastewater Treatment Plant. Staff Recommendation: Advise staff of any concerns regarding the proposed draft EIR for the expansion of the Moorpark sewer treatment facility by the County of Ventura. Pat Richards gave the staff report. MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to concur with staff's comments on the EIR that the project description should include a feasible discharge system and the impact statement should include a discussion of the impacts resulting from a discharge system and use of treated water for agriculture and irrigation. The motion carried by unanimous voice vote. il. C. Consider Water Conservation Measures. Staff Recommendation: Direct staff as deemed appropriate. Mr. Gilbert gave the staff report. BY CONSENSUS: By consensus the Council determined to receive and file the report. 6. PUBLIC COMMENT: A. Father Cosgrove, 13539 Adlena Place, spoke as the Pastor of the Holy Cross Catholic Church. He indicated that as a result of a meeting with the Parks and Recreation Cinco de Mayo Committee, he will support the City's Cinco de Mayo festival on May 5th. He requested that the funds raised by the festival be used to benefit the Senior Citizens and other nonprofit organizations. B. Marge Nelson, 13702 Donnybrook Lane, chose not to speak other than to indicate her support for Father Cosgrove. C. Ruth Farabaugh, 13543 Cedarpine, spoke on behalf of the Northview Neighborhood Homeowner's Association. She requested a status report regarding the replacement of the chimney shrouds in Pardee Tract 2865. Minutes of the City Council Moorpark, California Page 3 April 3, 1991 Mr. Richards said the Building Official has discussed the matter with Pardee Construction and there is no replacement shroud available on the market. The only alternative was to remove the shroud as was done. Councilmember Montgomery requested that a formal report be prepared and that this item come back to full Council at the next regular meeting. D. David C. Burdick, 4645 Peppermill Street, read a letter that he had delivered to the City Council and requested that his household be exempted from the charge for having their trash picked up and recycled as part of the City -wide curbside recycling program. He stated that he and his family are already recycling in conjunction with their landlord and do not want to be a part of the City's program. Councilmember Montgomery said the Committee should consider waivers, subsidies and exemptions as part of the Curbside Recycling Program and provide a report back to the full Council. E. Joe Latunski, 289 Casey Road, spoke regarding Tract Map 4620 and stated that this project was rushed through and proper consideration was not given to it by the City Council. F. Walt Dilg, 13429 Vista Levana, spoke as Pastor of the Moorpark United Methodist Church. He reported that $11,000 was raised in the recent CROP walk and that 425 citizens participated. He thanked the Council for their support and particularly Councilmember Wozniak and Mayor Lawrason for leading the walk. Pastor Dilg also spoke representing the Downtown Committee of the Moorpark Chamber of Commerce and expressed the Chamber's concern for the vitality of the downtown area. He mentioned that lighting, sidewalks, loitering, vacant properties on Moorpark Avenue and High Street, post office placement and clean -up and usage of the railroad right -of -way are all concerns of the Committee. Minutes of the City Council Moorpark, California Page 4 April 3, 1991 G. Joan Bien, 12204 Willow Hill Drive, stated that the need still exists to have a public telephone installed at North Meadows Park. Additionally, she stated that some of the equipment in this park is inherently dangerous and that the water fountains were turned off. Mr. Newhouse indicated that a member of the City's field crew will investigate the safety of the playground equipment and functioning status of the water fountains the next working day. He stated that a schedule for the installation of a public telephone will be forthcoming to the City Council at the next meeting. H. Dorothy Mercer, 12659 Hillside Drive, indicated that she would not speak as she was present only to support Father Cosgrove's earlier statements. I. Errol Hale, 4330 Deepwell Lane, Pastor of Shiloh Community Church, thanked the City Council for their support regarding Planned Development 1066. He requested that the Councilmembers maintain their consistency with the conditions that have been imposed on the applicant and not allow any compromise on the items agreed to by the applicant. BY CONSENSUS: By consensus the Council determined to have Lynn Crockatt speak during the discussion of Item 11.F. BY CONSENSUS: By consensus the Council determined to have Medhat Maximous speak during the discussion of Item 11.G. J. John Torres, 12505 Willow Hill Drive, requested that the City not modify the plans for the Cinco de Mayo celebration and let it go forward as planned by the Parks and Recreation Commission. K. Connie Lawrason, 4291 Ambermeadow Street, encouraged attendance at public hearings scheduled for April 10 at Thousand Oaks City Hall at 1 p.m. and on April 15 at 1 p.m. at Camarillo City Hall regarding transit needs in Ventura County. Minutes of the City Council Moorpark, California Page 5 April 3, 1991 L. Jerry Goldstein, 11932 Los Angeles Avenue, expressed concern that there are not enough public restrooms and telephones in the City. He stated also that water usage is not questioned for new development projects in the City and it should be. 7. COMMITTEE REPORTS: Councilmember Montgomery reported on the County Waste Commission meeting. Councilmember Perez reported on the Affordable Housing Committee meeting concerning the proposed Westland Project. 8. CONSENT CALENDAR (Roll Call Vote): MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to pull item 8.F. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Special City Council Meeting of March 13, 1991. Consider Approval of Minutes of Regular City Council Meeting of March 20 1991. Consider Approval of Minutes of Special City Council Meeting of March 20 1991. Staff Recommendation: Approve minutes as processed. B. Warrant Register Manual Warrants 14837 - 14843, 14931 - 14935 $ 3,692.50 Warrants 14941 - 15019 $537,296.72 C. Consider Pacific Bell vs. State Board of Equalization, et al. Staff Recommendation: Receive and file. D. Consider Award of Bid to M E Myles for Park Improvements at Campus Glenwood and Griffin Parks. Staff Recommendation: 1. Reject bids; 2. Direct Public Works /Facilities Committee to review and report back on April 17 regarding readvertising. Minutes of the City Council Moorpark, California Page 6 April 3, 1991 E. Consider Minor Modification to CUP -4022 (A C S Veterinary Clinic - 173 High Street) - Request for a 10 -Year Time Extension of the Permit as Required by Condition 12 of Ventura County Planning Commission Resolution 81 -29. Staff Recommendation: Receive and file. G. Consider Revised Recreation Services Contract. Staff Recommendation: Rescind Action of March 20, 1991, approve form of agreement and authorize City Manager to sign on behalf of the City. H. Consider Repeal of Resolution Nos. 85 -217 and 86- 338 and adoption of New Parking Restrictions and Traffic Control Measures on Third Street and Poindexter Avenue. Staff Recommendation: 1) Adoption of Resolution 91 -750 repealing Res. No. 85 -217 and reenacting establishment of a 2 hour parking zone on Spring Road North of Peach Hill Rd; 2) Adoption of Resolution 91 -751 repealing Res. No. 86 -338 and reenacting the placement of a stop sign at Third Street & Flory Avenue; 3) Adopt Resolution 91 -752 establishing parking restrictions on Third Street and Poindexter Avenue. I. Consider the CDBG Application from the Boys and Girls Club for Loan and Grant Funds to Acquire the Casey Road Gym and Adjoining Property. Staff Recommendation: Authorize the City Manager to proceed with finalizing the agreement per the CDBG application. J. Consider Resolution 91 -753 Authorizinq the Joint Investment of City and Redevelopment Agency Funds. Staff Recommendation: Approve Resolution No. 91- 753. K. Consider City Engineer Charges for Review of Riaht- of -Way and Alignment Study Review Related to IPD 88 -2 /V 88 -2 (Riddle). Staff Recommendation: Direct staff to charge engineering costs to Community Development Fund (Fund 41). L. Consider PM4278 (Guny) - Acceptance of Improvements and Grading Bond Reduction. Staff Recommendation: Accept improvements and authorize the City Clerk to reduce grading bond to $10,000. Minutes of the City Council Moorpark, California Page 7 April 3, 1991 M. Consider Attendance of Code Enforcement Officer at Annual Training Seminar for Code Enforcement Procedures and Techniques in Stockton. CA on May 1- 3. 1991. Staff Recommendation: Approve the attendance of the Code Enforcement Officer at the CEO Procedures and Techniques Workshop. N. Consider Enrollment in the Southern California Joint Powers Insurance Authority's Special Events Insurance Program. Staff Recommendation: Authorize the City Manager to enroll the City in the program and authorize staff to include minimum insurance levels in tenant and user contracts and agreements for use of City owned facilities and property. O. Consider Resolution 91 -754 to Rescind Resolution Nos 89 -585 and 89 -547 which were Replaced by Resolution 91 -734 (Land Development Preliminary Processing Fee Deposits). Staff Recommendation: Approve Resolution 91 -754. P. Consider Ventura County Area Agency on Aging (AAA) Title III Grant Request. Staff Recommendation: Direct staff to not apply for grant and receive and file report. The following item was pulled from the Consent Calendar for individual consideration. F. Consider PD 1066 (Liston) Status Report Regarding Minor Modification Processing_ Related to Tree Removal. Staff Recommendation: Receive and file the report. Councilmember Montgomery clarified that number 2. in the report should have the words "car wash" stricken. He said it was clearly indicated in the minutes of March 13, 1991 that the limited hours of operation on Sunday applied to the entire project. With that clarification, he made the following motion: MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to receive and file the report. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 8 9. PUBLIC HEARINGS: April 3, 1991 A. Consider 1991/1992 Estimated $194,580 Community Development Block Grant Appropriation. Staff Recommendation: Receive testimony from applicants and interested parties regarding the appropriation of CDBG funds, refer matter to the Budget and Finance Committee and continue final appropriations to April 17, 1991. Councilmember Perez said that because there might be a perception of a conflict of interest because he is on the Board of Directors of one of the applicants for CDBG funding, he would abstain from voting. Councilmember Perez left the dais. Mayor Lawrason opened the public hearing. Susan Netley, 2220 Ventura Blvd, Camarillo, spoke as the Social Services Coordinator for the Senior Nutrition Program. She thanked the Council for their past support for the program in Moorpark and requested $10,500 from the City in CDBG funds. Virginia K. Riddle, Treasurer of Foodshare, Inc., 4878 Perry Way, Oxnard, said their organization is attempting to buy the building in which they are currently housed. She requested $12,000 of CDBG money to be used for this purpose. Karen Flock, representing the Cabrillo Economic Development Corporation (CEDC), 11011 Azahar Street, Saticoy, stated that the CEDC is involved with Bibo in the proposed affordable housing development in Moorpark and that they are requesting $125,000 from the CDBG grant for low /moderate income housing site acquisition and $25,000 for CEDC project management costs to find land for and do predevelopment work on additional low /moderate income housing projects. Carmen Ramirez, 132 South "A" Street, Oxnard, represented Channel Counties Legal Services. He related that they have served 103 Moorpark clients in the last year and are requesting $10,000 in CDBG funding. Minutes of the City Council Moorpark, California Page 9 April 3, 1991 Dr. Everett Braun, 13142 Williams Ranch Road, requested funds for the Moorpark Senior Citizens. He stated that the Senior organization will be hiring a Director to oversee their activities. A portion of CDBG funds granted to their organization would be used to pay the Director's salary and a portion will be to finance needed equipment for the Senior Center (dishwasher, round tables, a lectern, etc.). Shirley Radding, 1841 Knoll Drive, Ventura, is the Program Director of the Long Term Care Ombudsman Program. She emphasized that their program helps the Senior confined to nursing homes exercise their moral and civil rights. She requested $4,608 in CDBG funding. Lee Riggan, 621 Richmond, Oxnard, spoke as the Executive Director of the Commission on Human Concerns. He said they have a staff of 26 employees and 150 volunteers. The purpose of their organization is to serve homeless or "at risk" clients. With a grant from CDBG funds, twelve homes in the City of Moorpark would receive approximately $700 each in the form of a loan or grant. Ruben Castro, 459 Charles Street, spoke representing Catholic Charities. He requested CDBG funds to support their program which provides assistance to the underprivileged and homeless in Moorpark by providing food, shelter, and financial assistance. Pat Flanigan, addressed the Council representing the Ventura County Adult Literacy Program, 1025 Old Farm Road, Thousand Oaks. She introduced the Site Supervisor of the program in Moorpark, Gayle Reddington. A student, Juan Rodriguez, also spoke and thanked the Council and the volunteers for their cooperation and support of the program. Eloise Brown, 13193 Annette Street, stated that a potential use of CDBG funds would be to provide work opportunities for young people to do clean -up and other chores in the City. Minutes of the City Council Moorpark, California Page 10 April 3, 1991 Clyde B. Reynolds, represented the Ventura County Homeless Coalition, 4405 Whittier, Ventura. He stated that the emphasis of their program is on planning and community rehabilitation and to develop a county -wide homeless services plan to address long -term needs. In response to Mayor Lawrason as to how they will maintain a non - profit status, Mr. Reynolds said they are in the process of incorporating and will have another organization house the funds until the Homeless Coalition is incorporated. Lynn Crockatt, 13768 Christian Barrett Drive, spoke on behalf of the Wellness Community. He said they are seeking funds to support Moorpark cancer patients. He stated that the facility in Thousand Oaks will be open in June, 1991 and this is the facility to provide service to Moorpark residents. Mayor Lawrason closed the public hearing. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion approve the staff recommendation to receive public testimony and close the public hearing; to defer final appropriations to the April 17, 1991 City Council meeting; to direct the Budget and Finance Committee to review proposals prior to April 17, 1991 and make a recommendation to the Council for final appropriation. The motion carried by voice vote 4 -0, Councilmember Perez absent for the vote. Councilmember Perez returned to the dais. B. Consider Tentative Tract Map 4652 - Abe Guny - The Proposed Subdivision of a 35.8 Acre Rural Exclusive (RE) and Re -5 Acre Zoned Property into 18 Single Family Lots and a 29.71 Acre Remainder Parcel. Staff Recommendation: Consider recommendation of Planning Commission to deny the project or consider approving the project with conditions as recommended by staff. Ms. Traffenstedt gave the staff report. Mayor Lawrason opened the public hearing. Minutes of the City Council Moorpark, California Page 11 April 3, 1991 Abe Guny, 7250 Walnut Canyon Road, applicant for the project, addressed the Council and stated his concern that it took 24 months to process the Land Division Map for this project. He said he has complied with all requests made by the City and hopes the project will move forward quickly. Linda Mackinson, 17934 Holton Street, spoke as the applicant's Project Coordinator. She provided an overview and addressed certain conditions that have been set forth by the City Engineer and the City Planning Department. She said that all 18 parcels should be approved as that is part of their motivation to provide one of the homes as affordable housing. She said there is a problem with the last sentence of the agreement, how the home should be occupied is out of their (the applicant's) control. She addressed the following conditions: Condition 23 - Applicant has no objection to the CC &R's Conditions 77 through 80 - Applicant has provided additional copies of the hydrology reports and supplemental information. Conditions 83 through 87 - Applicant is already paying to help improve Los Angeles Avenue, Broadway and contributing to general streetwide maintenance. Condition 86 - Applicant wants to use the same plan already generated. The left turn pocket will be discussed by the engineer of the applicant when he speaks. Bill Jensen, 1534 Eastman Avenue #A, Ventura, spoke as the applicant's Engineer. In response to Councilmember Montgomery, Mr. Jensen stated that there is no net import or export of dirt on the project. Steve Birge, 1534 Eastman Avenue, Suite A, Ventura, explained the drainage modifications that had been made. He stated that they will add an outlet so the siltation drain will act as a second detention basin. Minutes of the City Council Moorpark, California Page 12 April 3, 1991 Terry Hockett, Thomas Montgomery & Associates, 2151 Alessandro Drive, Ventura, stated a little more space will be needed on the west side of Walnut Canyon Road, but it should not warrant more right - of -way being required to accommodate a left turn lane onto Casey Road. Councilmember Montgomery clarified the fact that there is no relationship between he and the ownership or employees of Thomas Montgomery & Associates. Councilmember Montgomery stated there are two different concerns with regard to the resolution of the sight distance problem to be considered for this project: 1) when a car is travelling east on Casey Road and turns north onto Walnut Canyon Road, and 2) when a car turns left from Walnut Canyon Road onto Casey Road (going west). Number 2 will be solved with a turn lane; however, Councilmember Montgomery said the sight distance in situation Number 1 above, needs to be reviewed again by the applicant. Councilmember Wozniak said there is another intersection that warrants traffic evaluation, where Wicks Road meets Walnut Canyon Road. Councilmember Wozniak requested an analysis. Joe Latunski, 289 Casey Road, spoke as an adjacent property owner. He presented photos and explained the drainage problems, erosion and loss of vegetation that has taken place on the subject property and how it has affected his property. Lynn Scaroni, 5740 W. Greentree, Somis, spoke as a property owner in Moorpark. She spoke in favor of the project. Valerie and Tom Jacoby, 1017 Walnut Canyon Road, stated that they are not opposed to the development of the project, but the road they travel to get to their property is not shown on the map Mr. Guny has proposed. They said they have sold their property and want to close escrow in thirty days. It would be very costly to get a drive built with retaining walls, etc. They said the project should not be approved without an easement allowing them access to their property. Minutes of the City Council Moorpark, California Page 13 April 3, 1991 Ricky Delgado, 1131 Walnut Canyon Road, stated that he is in opposition to the project as presently proposed saying that he would be charged to use the access road to his property. Abe Guny spoke again giving a rebuttal to the arguments presented by the other speakers. He stated that Mr. Latunski was given the opportunity for an easement. Mr. Guny also stated that Mr. and Mrs. Jacoby knew about the access road and that he has met with them and had offered to purchase their property at a fair market value. Glen Albers, Vice President of JBH Development, 4035 Thousand Oaks Blvd, Suite 120, Thousand Oaks, spoke in favor of the project. Mayor Lawrason closed the public hearing. After discussion by the Council, Councilmember Montgomery suggested the following: 1. That staff provide a revised drainage condition to add a requirement for additional detention. 2. That modification to Condition No. 49 be made as presented by staff in the staff report; the text to come back to Council for review. 3. That modification to Condition No. 94 be made as presented by staff in the staff report; the text to come back to Council for review. 4. More information to be provided to the Council on the private access easement situation. 5. More information to be provided to the Council on the site distance problem on Casey Road as a left turn is made onto Walnut Canyon Road. 6. That Condition No. 132 be added to provide a concrete platform as per the school district request. 7. That the Community Development Committee consider ways to minimize grading in the 20% and greater slope area. Minutes of the City Council Moorpark, California Page 14 April 3, 1991 Upon the advice of the City Attorney, Mayor Lawrason reopened the public hearing. MOTION: Councilmember Montgomery moved and Mayor Lawrason seconded a motion to continue the item to the first regular Council Meeting of May, the public hearing to remain open. Information to be provided to Council as requested by Councilmember Montgomery above and the Community Development Committee to provide a recommendation on the 20% slope concern. The motion carried by unanimous voice vote. 10. COMMENTS FROM COUNCIL MEMBERS: A. Consider Appointment of Two Planning Commissioners. Mayor Lawrason indicated that after discussions with Councilmember Talley, he (Mayor Lawrason) determined to nominate Bart Miller for the Planning Commission. MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to approve the nomination of Bart Miller to the City Planning Commission. The motion carried by unanimous voice vote. Mayor Lawrason said that Steve Brodsky was the name suggested by Councilmember Perez. Mayor Lawrason indicated he would put Mr. Brodsky in nomination but that he had would dissent because of the numerous calls he had from the community expressing concerns over appointing Mr. Brodsky to the Planning Commission. MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to approve the nomination of Steve Brodsky to the Planning Commission. The motion carried 4 -1, Mayor Lawrason dissenting. 11. ACTION /DISCUSSION ITEMS: A. Consider Weldon Canyon Landfill Environmental Impact Report. (Continued Item 11.J. from 3/20/91) Staff Recommendation: Authorize Mayor to send letter outlining City's concern with no project alternative. (Continued item 11.J. from 3/20/91.) The staff report was deferred. Minutes of the City Council Moorpark, California Page 15 April 3, 1991 MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to continue the matter to the April 17, 1991 City Council meeting. The motion carried by unanimous voice vote. D. Consider Amtrak Stop in Moorpark. Staff Recommendation: Authorize the Mayor to pursue the possibility of Amtrak rail service in Moorpark. The staff report was deferred. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded the motion to approve the staff recommendation to authorize the Mayor to pursue the possibility of Amtrak rail service in Moorpark. The motion carried by unanimous voice vote. E. Consider Report on Evaluation of Additional Monthl City Council Meeting. Staff Recommendation: Continue with practice of additional adjourned meeting for the second Wednesday of the month as needed. The staff report was deferred. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded the motion to approve the staff recommendation to continue with the practice of an additional adjourned meeting for the second Wednesday of the month as needed. The motion carried by unanimous voice vote. F. Consider Cinco de Mayo Event Report. Staff Recommendation: 1) Direct that insurance, law enforcement and non overtime exempt employee costs be included in the program budget; 2) Continue this item to the City Council meeting of 4/17/91; 3) Direct the Parks and Recreation Commission to prepare and submit the final budget recommendation which includes the aforementioned costs; 4) Direct Parks and Recreation Commission regarding modification to program scope as result of concerns expressed by Holy Cross Catholic Church. Mr. Newhouse gave the staff report. Chairman Crockatt of the Parks and Recreation Commission was present to answer questions. He said that 2,000 - 4,000 people were expected to come to the celebration. Minutes of the City Council Moorpark, California Page 16 April 3, 1991 Councilmember Montgomery expressed his concerns with serving alcohol on City property. He also said that admission for children under 16 should be free and an admission charge of only $2.50 - $3.00 should be charged for adults. The Council concurred that their recommendation would be that an admission charge for children be dropped. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the staff recommendation to 1) Direct that insurance, law enforcement and non overtime exempt employee costs be included in the program budget; 2) Continue this item to the City Council meeting of 4/17/91; 3) Direct the Parks and Recreation Commission to prepare and submit the final budget recommendation which includes the aforementioned costs; staff recommendation No. 4 to direct Parks and Recreation Commission regarding modification to program scope as result of concerns expressed by Holy Cross Catholic Church considered to already be satisfied. The motion carried by unanimous voice vote. G. Consider CUP 90 -2 (Coptic Church) Requirement to Dedicate Right of Way and Improve Future Extension of Majestic Court. Staff Recommendation: Direct staff as deemed appropriate. Councilmember Perez said that because there might be a perception of a conflict of interest because his wife was the real estate agent involved in the sale of the property to the Church, he would abstain from voting. Councilmember Perez left the dais. Pat Richards gave the staff report. He said that a letter had been provided by the applicant which was included as part of the staff report. He said he took exception to the statement in the letter that Condition No. 56 was changed after the Planning Commission hearing of January 22, 1991. He said Condition No. 56 was read into the record of that Planning Commission meeting by Pat Dobbins from the City Engineer's office. The condition had not been changed. Minutes of the City Council Moorpark, California Page 17 April 3, 1991 Medhat Maximous, representing the Coptic Church, indicated that any additional costs that could be waived on this project would be very much appreciated by the Church. He asked that Condition No. 52 be reviewed by staff to see if an agreement could be entered into to satisfy this Condition. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to have the staff revise Conditions 55 & 56 so that the applicant won't have to pay a substantial amount for preparation of a legal description for the property but be required to provide some kind of surety so that if Majestic Court was built out the church would cooperate, this condition to be re- written and brought back to the Council at the next meeting; Condition No. 52 also to be reviewed by staff in conjunction with Condition No. 55 & 56; Conditions 35 & 36 to be left unmodified; Condition 49 to be referred back to the Planning Commission for evaluation; the City to grant a temporary use permit for the church to hold Easter services in their building (Saturday and Sunday next week); the motion carried by unanimous voice vote. In response to Councilmember Montgomery, Mr. Richards clarified that the temporary use permit is issued "over the counter" and the fee was $31.40. In response to Councilmember Montgomery, Mr. Kueny suggested deferring the fee for the temporary use permit, the fee to be paid as part of the condition compliance fee. BY CONSENSUS: The Council determined to handle the temporary use permit fee as suggested by the City Manager above. 12. ORDINANCES: None were presented. 13. FUTURE AGENDA ITEMS: Councilmember Talley requested that RPD 89 -3, Presbyterian Church be on the next agenda for a review of Condition 5.D. Councilmember Talley requested that the Westland Affordable Housing project be on the next agenda. Councilmember Perez returned to the dais. Minutes of the City Council Moorpark, California Page 18 14. CLOSED SESSION: April 3, 1991 MOTION: Councilmember Montgomery moved and Councilmember Talley 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) 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. Litigation concerning the Moorpark Mosquito Abatement District vs. City of Moorpark. I. Litigation concerning Colonial Mortgage vs. the City of Moorpark. J. Negotiations for Real Property at 280 Casey Road (Moorpark Unified School District) pursuant to Government Code Section 54945.8. K. Negotiations for Real Property on Los Angeles Avenue (East) pursuant to Government Code Section 54945.8. L. Litigation concerning City of Moorpark vs. ChuyIs Restaurant. M. Litigation concerning Conejo Freeway Properties, LTD. vs. City of Moorpark N. 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. Minutes of the City Council Moorpark, California Page 19 April 3, 1991 The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 2:22 a.m. The meeting reconvened into Open Session again at 2:27 a.m. at the City Attorney's request. Ms. Kane asked that the City Council add Item 14.0. to Closed Session, consideration of a new lawsuit concerning the Tierra Rejada Road Widening Project and required utility relocation - City of Moorpark vs. Southern California Edison, the need to act having arisen after the posting of the agenda. MOTION: Councilmember Montgomery moved and Councilmember Wozniak second a motion to add City of Moorpark vs. Southern California Edison to Closed Session, the need to act having arisen after the posting of the agenda. The motion carried by unanimous voice vote. The Council convened into Closed Session at 2:27 a.m. Present in Closed Session were all Councilmember; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney. The meeting reconvened into Open Session at 2:35 a.m. Mr. Kueny stated that there was no action to report out of Closed Session and only item 14.0. had been discussed. 15. ADJOURNMENT: MOTION: Councilmember Wozniak moved and Councilmember Talley seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 2:36 p.m. Paul W. LaVrason Jr., Mayor ATTEST: