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HomeMy WebLinkAboutMIN 1991 0717 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California July 17, 1991 A Regular Meeting of the City Council of the City of Moorpark was held on July 17, 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 7:21 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Susan Cauldwell. 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; Charles Abbott, City Engineer; Dirk Lovett, Assistant City Engineer; Don Reynolds, Management Analyst; Carolyn Greene, Management Analyst; Debbie Traffenstedt; Lillian Kellerman, City Clerk; Dorothy Vandaveer, Deputy City Clerk. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Introduction of Employee of the Month - Efrain Alcaraz Mayor Lawrason introduced and congratulated Efrain Alcaraz. B. Presentation of City plaque to former Planning Commissioner, Dr. Glen L. Schmidt Mayor Lawrason expressed the City's appreciation for Dr. Schmidt's service to the City on the Planning Commission and said the plaque would be given to Dr. Schmidt at a later date. C. Presentation of City plaque to the outgoing Assistant to the City Manager, Susan Cauldwell Mr. Kueny thanked Ms. Cauldwell for her contribution to the City during her employment with the City. Mayor Lawrason presented Ms. Cauldwell with a plaque and chocolate fudge. D. Introduction of the new Assistant to the City Manager, Mary Lindley Mary Lindley was introduced as the new Assistant to the City Manager by Mayor Lawrason. E. Introduction of Moorpark "Miss's" Alicia Schrimpf - Miss Moorpark Jeni DeIuliis Estee Chase Julie Cooke Mayor Lawrason introduced the Moorpark Miss's and presented a Certificate of Recognition to Alicia Schrimpf. Julie Owen - Miss Teen Moorpark Shawn Mathers Jeanine Kennedy Heather Nickel Mayor Lawrason introduced the participants in the Miss Teen Moorpark pageant and explained that Julie Owen was unable to be present as she was out of town. Mayor Lawrason also recognized the Director and Co- Chairman of the pageants, Mickey Stueck and Therese Puerline. F. Proclamation for Miss Cinco de Mayo, Maria Tamayo Councilmember Perez presented Ms. Tamayo with a Certificate of Recognition. Councilmember Perez also recognized Gloria Nainoa for her work with the pageant. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mr. Kueny asked that the following items be added to the agenda the need for consideration having arisen after the posting of the agenda: Minutes of the City Council Moorpark, California Page 3 July 17, 1991 11.G. Consider Grading Plan for 14303 East Los Angeles Avenue (Villanueva) 11.H. Consider PM3408 on Wicks Rd. - Improvement and Grading Plans (Holmes Enterprises) 11.I. Consider Request for Comments from the City of Simi Valley Related to a General Plan Amendment Proposed in the Sphere of Interest Area Adjacent to the City and Encompassing a Portion of the Tierra Rejada Greenbelt (Kaveaugn). 11.J. Consider Support for a Foundation Grant Being Sought by E1 Concilio to Provide Services within the City. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to add the items as requested by the City Manager above, the need for action having arisen after the posting of the agenda. The motion carried by unanimous voice vote. Mr. Kueny stated that staff was recommending that consideration of awarding temporary commercial refuse permits (Item 11.B) be continued. He indicated that those prepared to speak under public comment regarding this item might want to wait until the meeting when this item is heard. 6. PUBLIC COMMENT: A. Mary Jane Curry, 12678 East Countrymeadow Street, voiced her support for the paramedic program. B. Debbie Hall, 588 Spring Road, #62, spoke representing the Employment Development Department of Simi Valley. She said representatives from their organization will be at the Catholic Charities on Tuesdays and Thursdays from 10 :00 a.m. - 12:00 noon to assist those persons seeking employment. C. Peggy Weak, 4342 North Ashtree, expressed her support for the paramedics being staffed in the fire stations in Moorpark. Minutes of the City Council Moorpark, California Page 4 July 17, 1991 D. John Newton, 4410 Summerglen, spoke representing Blue Star Ready Mix with regard to the Blue Star Draft Environmental Impact Report. He expressed appreciation for the professionalism and decorum with which this item is being addressed by the Council. He requested that the Council deal with the document as an information tool and to evaluate carefully the commentary given on this subject. E. Gregory Simons, 528 South 'A' Street, Oxnard, spoke representing the Coalition for Humane Immigrant Rights of Los Angeles /E1 Concilio, and the rights of the day laborers in Moorpark. He expressed concern with their rights and those of the owner of the Tipsy Fox and suggested that perhaps an alternative gathering site could be considered. F. Nancy DeLegge, 51 Majestic Court, #1006, spoke representing the Tipsy Fox market and commended the Council for addressing the issue. She stated that the day laborers have been considerate in gathering at the Tipsy Fox, but that the economic problem of finding jobs for them needs to be addressed. G. James Lawrence, 600 Spring Road, #38, represented the Moorpark Arts Committee. He described a portion of a production that is being planned for the Country Days celebration. He played a portion of a recording for the Council and presented a budget for the production to the City Clerk. H. Anna Bell Sessler, 6061 Gabbert Road, expressed her approval of the agreement between the Senior Citizens and the City and said she hopes it is approved in its present form without changes. I. Janet M. Murphy, 15308 Seitz Court, stated her opposition to several items in the Blue Star Draft Environmental Impact Report including the rerouting of trucks through Happy Camp park land. J. Roseann Mikos, 14371 E. Cambridge Street, represented the Environmental Coalition /Moorpark Branch, and stated her opposition to many items in the Draft Environmental Impact Report. Minutes of the City Council Moorpark, California Page 5 July 17, 1991 K. Marlena Day, 15478 Doris Court, also spoke representing the Environmental Coalition /Moorpark Branch, and stated her opposition to the rerouting of the truck traffic through Happy Camp Canyon. 7. COMMITTEE REPORTS: Councilmember Montgomery stated that he would provide the Council a written report on the Waste Commission meeting which he attended. 8. CONSENT CALENDAR (Roll Call Vote): MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to pull item 8.N. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Adjourned City Council Meeting of June 12, 1991. Consider Approval of Minutes of Regular Citv Council Meeting of June 19, 1991. Consider Approval of Minutes of Special City Council Meeting of June 19, 1991. Consider Approval of Minutes of Adjourned City Council Meeting of June 24, 1991. Consider Approval of Minutes of Adjourned Citv Council Meeting of June 26, 1991. Staff Recommendation: Approve minutes as processed. B. Warrant Register Manual Warrants 15490, 15585 - 15591, 15593 - 15597 $ 271,182.49 Voided Warrants 15580 $(156,505.06) Regular Warrants 15603 - 15740 $ 2211,523.72 Minutes of the City Council Moorpark, California Page 6 July 17, 1991 C. Consider Transportation Development Act (TDA) Claim for FY91 -92 in the Amount of $510,234. Staff Recommendation: Adopt Resolution No. 91 -777 and authorize City Manager to sign and submit claim to Ventura County Transportation Commission. D. Consider Bids for the Construction of a Landscaped Barrier on Williams Ranch Road. Staff Recommendation: Reject all bids and direct staff to proceed to secure construction of this project in a manner consistent with procedures for Public Works projects. E. Consider Report on Total Project Costs for the Los Angeles Avenue (West) Widening Project. Staff Recommendation: Receive and file the report. F. Consider Request to Exonerate Bonds for Conditional Use Permit (CUP) 3793 (Mundee). Staff Recommendation: Exonerate bonds. G. Consider Report from Parks and Recreation Commission on Youth Dances. Staff Recommendation: Receive and file the report. H. Consider City Manager Approved Contract to Repair Slumpstone Wall Adjacent to Hwy #118. Staff Recommendation: Receive and file the report. I. Consider City Manager Approved Contract to Install Drains at Peach Hill Park. Staff Recommendation: Receive and file the report. J. Consider Proposed Resolution No. 91 -778 to Direct the Planning Commission to Consider an Amendment to the City's Zoning Code so as to Allow Auto Body Repair and Painting within the City's Commercial Zones. Staff Recommendation: Approve Resolution No. 91 -778. K. Consider Rejection of Claim for Jesse Tyler. Staff Recommendation: Reject the claim and direct staff to appropriately notify the claimant. L. Consider Rejection of Claim for Silverio Andrade. Staff Recommendation: Reject the claim and direct staff to appropriately notify the claimant. Minutes of the City Council Moorpark, California Page 7 July 17, 1991 M. Consider Adoption of Employee Deferred Compensation Program. Staff Recommendation: Refer to the Budget and Finance Committee. O. Consider Outstanding Assessment District Refund Checks. Staff Recommendation: Retain outstanding refunds for use in respective assessment districts. P. Consider Unocal Certificate of Compliance Application (Simi Alamos Canyon Property) . Staff Recommendation: Authorize Community Development Director to sign County of Ventura Certificate of Compliance for Unocal property and direct staff to collect fee from Unocal to pay all processing costs prior to signing Certificate of Compliance. Q. Consider Letter of Support for Southern California Regional Rail Authority's 108 and 116 Bond Fund Application. Staff Recommendation: Authorize the Mayor to send a letter of support for SCRRA's application. R. Consider Resolution No. 91 -780, A Resolution of Intent to Vacate Claim Surplus Street Right -of -Way on Spring Road. Staff Recommendation: Adopt Resolution No. 91- S. Consider Minor Verbiage Changes to Conditions for LDM 90- 4 (Martin V. Smith and Associates). Staff Recommendation: Approve the recommended word changes to condition Nos. 22 and 25 of LDM 90 -4. T. Consider Departmental Objectives for FY 91/92. Staff Recommendation: Continue to the meeting of August 7, 1991. U. Consider Los Angeles Avenue (East) Right -of -Way Acquisition. Staff Recommendation: Direct staff to notify property owner of the City's intent to initiate condemnation proceedings. V. Consider Order for Work Stations in the City Hall Annex Under Existing Contract with Nova. Staff Recommendation: Authorize purchase of work stations. Minutes of the City Council Moorpark, California Page 8 July 17, 1991 The following item was pulled for Council Consideration: N. Consider Resolution No. 91 -779 Rescinding Resolution No. 87 -412 and Amending Rules of Procedure for Council Meetings and Related Functions and Activities. Staff Recommendation: Adopt Resolution No. 91 -779. Councilmember Wozniak said that all written materials that are provided for a Council committee should be provided for all other Councilmembers. He indicated that he would like to meet with the Planning Commission Chairman and the Parks & Recreation Commission Chairman to help them adopt similar Rules of Procedure for their respective commissions. CONSENSUS: By consensus, the Council determined that Councilmember Wozniak meet with the chairmen of both the Planning Commission and the Parks and Recreation Commission to help them adopt Rules of Procedure similar to the City Council Rules of Procedure. Mr. Kueny said that the following language could be added to Section 10.2 to address Councilmember Wozniak's concern. Any written communication provided to any Council Committee shall be provided to each of the other members. The Council determined to amend "super majority" to "four- fifth's majority" throughout the resolution and to add the word "call" after "the City clerk shall" ... in Section 2.4. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to adopt Resolution 91 -779 with the amendment suggested by the City Manager and the amendments made by the Council. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 9 9. PUBLIC HEARINGS: July 17, 1991 A. Consider Proposed Resolution No. 91 -781 to Revise the Land Development Fee Schedule so as to Include a Home Occupation Permit Fee. Staff Recommendation: Approve the proposed Resolution No. 91 -781. Councilmember Montgomery left the dais because of a conflict of interest. Mr. Richards gave the staff report. Mayor Lawrason opened the public hearing. Eloise Brown, 13193 Annette Street, stated that the fee should cover the actual cost to the City for the processing of the application for the Home Occupation Permit. Mayor Lawrason closed the public hearing. MOTION: Councilmember Wozniak moved and Councilmember Talley seconded a motion to adopt Resolution 91 -781. The motion carried 4 -0, Councilmember Montgomery absent for the vote. Councilmember Montgomery returned to the dais. B. Consider Conceptual Desian Alternatives for Charles Street between Sprina Road and Moorpark Avenue. Staff Recommendation: Reconstruct a 36' wide street with the removal of street trees in conflict with proposed improvements. (Continued Item ll.L. from June 19, 1991) Mr. Gilbert gave the staff report. Mayor Lawrason opened the public hearing. 1. Charlotte Ekback, 49 Charles Street, expressed gratification that sidewalks are proposed for Charles Street, but she stated concern that so many trees will have to be cut down for the Charles Street project. Minutes of the City Council Moorpark, California Page 10 July 17, 1991 2. Curran Cummings, Jr., 650 Bard Street, questioned the funding for this project and the different phases that will be involved. He thanked Councilmember Perez for attending a meeting of residents regarding this subject and said the outcome of that meeting is that the sidewalk improvements are wanted and needed, but that the residents do not want the street denuded of trees. 3. Joy Cummings, 640 Bard Street, said she supports Option 2 provided in the staff report and she wants the trees to be saved if at all possible. Mayor Lawrason closed the public hearing. MOTION: Councilmember Perez moved and Councilmember Talley seconded a motion to refer this item to the Public Works/ Facilities Committee for further study, Option 2 the preferred action with Option 1 to be considered as an alternative; the public to be invited to tour the street with the committee; the item to come back to the full Council with the recommendation of the Public Works /Facilities Committee. The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 9:15 p.m. The Council reconvened at 9:35 p.m. Mayor Lawrason asked that the agenda be re- ordered to hear Item 10 next. CONSENSUS: By consensus, the Council determined to hear Item 10 next. 10. COMMENTS FROM COUNCIL MEMBERS: A. Consider Appointment to Area Housing Authority. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to appoint Ruben Castro as one of the two City representatives to the Area Housing Authority. The motion carried by unanimous voice vote. B. Consider Appointment of One Planning Commissioner. MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to appoint Tina May to the Planning Commission. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 11 July 17, 1991 C. Consider Appointment of One Parks and Recreation Commissioner. MOTION: Mayor Lawrason moved and Councilmember Wozniak seconded a motion to appoint Connie Volke to the Parks & Recreation Commission. The motion carried by unanimous voice vote. 9. PUBLIC HEARING: C. Consider A Request by The Westland Company of Ventura Regarding Residential Planned Development Permit Nos 90- 2 and 90 -3 (multi- family) and 90 -4 (single - family) Zone Change No. Z -90 -2, Tentative Tract Map No 4738 (multi- family) and 4726 (single- family), General Plan Application No. GPA 90 -1 Environmental Impact Report. Staff Recommendation: Consider the adequacy of the Environmental Impact Report and the recommendation of the Planning Commission and staff to approve the above entitlements with conditions. Stephanie Lawson, City consultant from The Planning Corporation, gave the staff report. Mayor Lawrason opened the public hearing. Allen Camp, 1050 S. Kimball, Ventura, spoke as legal counsel for the applicant. He outlined the following list of conditions with which the applicant is concerned: Tract 4726, page 37: Condition No. 67: The Muna property (adjacent property to the east of the project) has been addressed as the beneficiary of 1) the street that will be going through that property, 2) the levee improvements that this project is conditioned to improve and 3) certain L. A. Avenue improvements. He said a reimbursement condition to the extent of the benefits is reasonable. Condition No. 106 on page 42• This condition states the obligation of the applicant to improve the levee. It may be that the reimbursement issue should be addressed at that location. Minutes of the City Council Moorpark, California Page 12 July 17, 1991 Condition 71.A. on naae 38: This condition presently reads "the undergrounding of utilities must be accomplished prior to final map approval ". The applicant requests that it be changed to read "the undergrounding of utilities must be accomplished prior to occupancy ". RPD 90 -4: Condition No. 2 on page 45: This condition contains a typographical error which has already been rectified. The unit count of 11110 detached" should be changed to "116" and the 11100 market rate" should be changed to 11106 ". Condition 45.A. on page 51: This condition has already been addressed in the context of the property regarding Los Angeles Avenue benefits and the levee benefits. Condition 67.A.: This condition will be addressed when the L. A. Avenue discussion occurs; however, the number should probably be corrected to be 45.A. or 45.B. Tract 4738 Condition 42.D, on vaae 67: The applicant requests that the wording "all culverts shall be designed for a 50 -year storm" be changed to read "all culverts shall be designed for a 10 -year storm ". Condition 60.B.on Page 70• This condition reads "the applicant shall offer to dedicate on the final map ", and continues "the off -site right -of -way for Unidos Avenue ". He said that the applicant cannot dedicate property owned by the applicant. Condition 74 on Page 72• This condition addresses the reimbursement issue which will be discussed later. Minutes of the City Council Moorpark, California Page 13 July 17, 1991 Condition 74.A. The L. A. Avenue item will be discussed later. RPD 90 -2 and 90 -3 Condition 59.A. on Daae 89: Mr. Camp stated he has already addressed this issue with respect to the Muna property. Condition 59.B.: Mr. Camp said "my instructions are to not jeopardize the project in any manner with respect to this issue and so I'm not here to negotiate, but I'm here to explain our assessment of what's appropriate and perhaps not appropriate." The applicant believes the Environmental Impact Report for this project has not established factually the flooding mitigation measure (the avoidance of flooding on L. A. Avenue), and the need for Los Angeles Avenue to be widened. These two items are unrelated to the Westland project. Mr. Camp continued by saying that the question becomes is it appropriate for the City Council to require the applicant to pay for something because they happen to be the ones applying for entitlement at the time? The City has a need, a deficiency, that it needs corrected. The cost is significant and technically problematic, because there are some condemnation issues with respect to right -of -way. City staff has placed this condition in the affordable housing agreement, which is the only land use condition in the agreement. He said the reason that has been done is it is going to be part of the consideration for bringing affordable units and getting Westland's market units approved in the City. Since the City cannot impose the condition on the land use entitlements unless the applicant waives their rights, the City can do it as a condition of entering into a contract. The applicant would prefer to see it removed from the affordable housing agreement. There are a couple of alternatives which are more mutually beneficial to the City's interests and to the applicant. Mr. Camp introduced the civil engineer for the proposed project. Minutes of the City Council Moorpark, California Page 14 July 17, 1991 Steve Thompson, applicant's engineer, introduced the two options that are being proposed: Option 1: The applicant will work within the available right -of- way. The Maureen Lane tract dedicated an additional 20 feet when it was approved many years ago, so that from the center line of Los Angeles Avenue, there is 50 feet of right of way. The proposed standard roadway section for L. A. Avenue would require 59 feet from the center line. The difficulty comes when the additional 9 feet is dedicated. There is an existing house at this location which is 12 feet from the right -of -way line today. If the nine feet are added, it results in a three -foot side yard. To solve the drainage problem, the project would maintain the required traffic flow on L. A. Avenue and work within the existing right -of -way. The applicant proposes there would be 37 feet of pavement in the eastbound lanes rather than 44. (Forty -four represents an additional eight feet for parking lane, which would be signed for no parking.) The sidewalk area, which is normally eight feet, would be five feet and that would fit within the existing right -of -way. Option 2: The applicant will build the 44 -foot eastbound travel lane, but only improve a five -foot sidewalk along this frontage because of the proximity of a single - family dwelling which is located there. As a result, instead of a 59 foot right -of -way from centerline, it would be 56 feet. This would preserve a six -foot setback from the right -of -way to the existing house, which is still a substantial reduction from the present. Mr. Camp spoke again and stated that they can resolve the flooding but the Los Angeles Avenue issue is something he felt the City must reconcile in the future. Mr. Kueny commented that the original intent of the condition west of the tract was to take the edge of pavement out to the ultimate locations. The curb, gutter and sidewalk issue is something new. The City was not aware that there was a physical or potentially physical problem. The intent is to conform as soon as possible with the capability of having the three travel lanes in each direction, which is consistent with the existing and pending circulation element. A solution is that the Minutes of the City Council Moorpark, California Page 15 July 17, 1991 width of the sidewalk would be reduced from 8 feet to 5 feet, which Caltrans has already agreed to do in a number of circumstances along Los Angeles Avenue, and that would provide a five foot minimum setback. In response to Councilmember Perez, Mr. Kueny explained there are two potential options. One option is for the applicant to correct the Maureen Lane drainage problem, and the other is to proceed with the obligation to pave out to the ultimate. An alternative to that would be to require the applicant to implement a solution, but that the City pay for those costs beyond the existing right of way whether it be right of way acquisition or construction costs for the curb, gutter and sidewalk. Mr. Camp stated the alternative to Westland paving out the right -of -way and the City taking care of that work beyond the existing right of way is acceptable to them and they will waive any rights that they may have with respect to protesting the placement of those conditions on the project. Mr. Kueny clarified that the area concerned is on the west side of the site. On the east side, paveout only is sufficient at this time. AT THIS POINT in the meeting the City Clerk notified the Mayor that it was time to re -order the agenda. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to reorganize the agenda by continuing items 11.A., 11.B., 11.E. and 11.F.; Item 11.A. to be continued to an adjourned meeting on July 24, 1991, the rest of the continued items to be heard on August 7, 1991. The motion carried by unanimous voice vote. The Council returned to consideration of Item 9.C. Daniel Stack, 4833 Maureen Lane, thanked Councilmembers Montgomery, Talley and Wozniak for their response to his concerns. He believes the density of this project is too high and that it is not consistent with the land use element. He asked to see a copy of the disclosure statement that will be provided to residents in this project to notify them of the presence of farm animals in the vicinity. Minutes of the City Council Moorpark, California Page 16 July 17, 1991 Mitri Muna, 2654 White Chapel Place, Thousand Oaks, spoke as a partner of Iskan Liberty Partners, who owns property on the east side of the applicant's property. He expressed concern with some of the improvements across their property and asked Councilmembers to also give consideration to his rights as a property owner. Mr. Camp responded to the public comments. He stated that his client has worked hard to accommodate the concerns of the Maureen Lane residents. As a result, there is a condition to redesign a portion of the window placements on the project and a disclosure is being required in the sales documents that will be recorded as part of the title to alert the buyers and their successors that this neighborhood has farm animals. The applicant also has taken steps to add an additional noise buffer with landscaping and a middle wall. He continued by stating that the applicant is improving the flooding condition to the Maureen area which is of direct benefit to those residents. With respect to Mr. Muna 's property, Mr. Camp said he believes the road going through this property is really a non -issue because it will benefit Mr. Muna in the future. Mayor Lawrason closed the public hearing. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to continue the item to the adjourned meeting to be held on July 24, 1991. The motion carried by unanimous voice vote. 11. ACTION /DISCUSSION ITEMS: A. Consideration of the Draft EIR for Blue Star Quarry Project - CUP No. 4633 by the County of Ventura. Staff Recommendation: Approve staff's draft comments. This item was continued to July 24, 1991. B. Consider Awarding Temporary Commercial Refuse Permits. Staff Recommendation: Award temporary commercial refuse permits. This item was continued to August 7, 1991. Minutes of the City Council Moorpark, California Page 17 July 17, 1991 C. Consider Participation in Council on Growth Management Public Hearing. Staff Recommendation: Direct staff as deemed appropriate. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to receive and file the report. The motion carried by unanimous voice vote. D. Consider Approval of Resolution No. 91 -782 and Acceptance of Cooperative Agreement Between City of Moorpark and County of Ventura for CDBG Entitlement Program. Staff Recommendation: Direct staff as deemed appropriate. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the Cooperative Agreement Between the City and the County of Ventura for the CDBG Entitlement Program and to adopt Resolution No. 91 -782. The motion carried by unanimous voice vote. E. Consider Concern with Day Laborer Activities. Staff Recommendation: Direct staff as deemed appropriate. This item was continued to the August 7, 1991 meeting. F. Consider Signage for Play Areas in the Park. Staff Recommendation: Direct staff to install signs after consultation with the Southern California Joint Powers Insurance Authority. This item was continued to the August 7, 1991 meeting. G. Consider Grading Plan for 14303 East Los Angeles Avenue (Villanueva) Mr. Kueny deferred the staff report. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to approve the staff recommendation to authorize the Mayor to sign the agreement, subject to the City Attorney's approval of the language; and to defer acceptance of the Irrevocable Offers of Dedication that are part of the agreement. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 18 July 17, 1991 H. Consider PM3408 on Wicks Rd. - Improvement and Grading Plans (Holmes Enterprises) Mr. Kueny said that this Parcel Map predated incorporation. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to approve the staff recommendation to review and execute an agreement after approval by the City Attorney as to form; and to authorize staff to issue a grading permit for lot #2 and an encroachment permit for Wicks Rd. with the condition that the letter of credit not be released until the slope easement dedication has been recorded on lot #1 and all other conditions of development have been complied with. The motion carried by unanimous voice vote. I. Consider Request for Comments from the City of Simi Valley Related to a General Plan Amendment Proposed in the Sphere of Interest Area Adjacent to the City and Encompassing a Portion of the Tierra Rejada Greenbelt (Kaveaugn). MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to reiterate the comments made by the Council regarding the previous application (Kavian, Resolution No. 84 -62). The motion carried by unanimous voice vote. J. Consider SuDDort for a Foundation Grant Beina Souaht b E1 Concilio to Provide Services within the Citv. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to waive the rules of procedure and accept a letter from E1 Concilio requesting grant funding from the Achille Levy Foundation. The motion carried by unanimous voice vote. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to authorize the City to send a letter of support for E1 Concilio's request for a grant from the Achille Levy Foundation. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 19 July 17, 1991 12. ORDINANCES: A. Consider Second Readina and Adoption of Ordinance No. 143 - An Ordinance Repealing Chapter 7 of Division 4 of the Municipal Code, Amending Section 1.12.070 C. and Adding Sections 1.12.071 and 1.12.081 to the Municipal Code Relating to Nuisance Abatement. Ms. Kane read the ordinance title. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to read the ordinance title only and waive further reading. The motion carried by unanimous voice vote. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adopt Ordinance 143. The motion carried by unanimous voice vote. 13. FUTURE AGENDA ITEMS: None were requested. 14. CLOSED SESSION: MOTION: Councilmember Wozniak moved and Councilmember Montgomery 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 Ventura County Community College District vs. City of Moorpark. F. Litigation concerning the County of Ventura vs. City of Moorpark. G. Litigation concerning the Moorpark Mosquito Abatement District vs. City of Moorpark. Minutes of the City Council Moorpark, California Page 20 July 17, 1991 H. Litigation concerning Colonial Mortgage vs. the City of Moorpark. I. Negotiations for Real Property at 280 Casey Road (Moorpark Unified School District) pursuant to Government Code Section 54945.8. J. Negotiations for Real Property on Los Angeles Avenue (East) pursuant to Government Code Section 54945.8. K. Litigation concerning City of Moorpark vs. Chuy's Restaurant. L. Litigation concerning Conejo Freeway Properties, LTD. vs. City of Moorpark M. Litigation concerning City of Moorpark vs. Camrosa Water District. N. Litigation concerning City of Moorpark vs. Pacific Bell. O. Litigation concerning City of Moorpark vs. Southern California Gas Company. P. Litigation concerning City of Moorpark vs. Southern California Edison Company. Q. Litigation concerning City of Moorpark vs. Shell Oil Company. R. Negotiations for Real Property on south Side of High Street (Southern Pacific /VCTC) pursuant to Government Code Section 54945.8. The motion carried by unanimous voice vote. AT THIS POINT in the meeting Mayor Lawrason declared a recess. The time was 11:06 p.m. The meeting re- convened into Closed Session at 11:20 p.m. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; and Cheryl Kane, City Attorney. Minutes of the City Council Moorpark, California Page 21 July 17, 1991 The meeting reconvened into Open Session at 12:05 a.m. MOTION: Councilmember Talley moved and Councilmember Perez seconded a motion to authorize the Mayor to sign stipulations pending resolution of legal action with Camrosa Water District, Pacific Bell, Southern California Edison Company and Shell Oil Company regarding the responsibility for costs in moving utilities on Tierra Rejada Road. The motion carried by unanimous voice vote. Mr. Kueny stated that there was no action to report out of Closed Session and only items 14.C., 14.H., 14.J., 14.K., 14.L., 14.M., 14.N., 14.0. 14.P., and 14.Q. had been discussed. 15. ADJOURNMENT: MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adjourn the meeting to 7:00 p.m. on Wednesday, July 24, 1991. The time was 12:06 a.m. Paul W. Lawrasvn Jr., May ATTEST: