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HomeMy WebLinkAboutMIN 1991 0904 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California September 4, 1991 A Regular Meeting of the City Council of the City of Moorpark was held on September 4, 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 Steven Kueny. 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; Sgt. Rouse, Sheriff's Department; Ken Gilbert, Director of Public Works; Mary Lindley, Assistant to the City Manager; Phil Newhouse, Director of Community Services; Charles Abbott, City Engineer; Debbie Traffenstedt, Senior Planner; Paul Porter, Senior Planner; Don Reynolds, Management Analyst; Lillian Kellerman, City Clerk; Dorothy Vandaveer, Deputy City Clerk. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: Mayor Lawrason introduced the new Community Services Officer, William Bettis. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 6. PUBLIC COMMENT: A. John Newton, 4410 Summer Glen Court, spoke representing the applicant regarding Item 8.K., Request from McDonalds to Separate Their General Plan Amendment Request from the City's General Plan Update Process. He requested that this item not be sent back to the Community Development Committee or Planning Commission for initiation. He said that seems unnecessary at this point since the applicant's request is simply to initiate the process. Minutes of the City Council Moorpark, California Page 2 September 4, 1991 B. A. J. Vargo, 15120 -B Marquette Street, spoke regarding a neighbor of his who repeatedly has disruptive parties. Mr. Vargo said he is requesting documentation from the Sheriff's Department regarding the numerous calls he has made to them regarding his neighbor's parties. C. Stella Martin, 256 Dorothy Avenue, requested the Council's support to help her resolve a problem with loud music that is coming from one of her neighbor's homes and the loud music from cars on the street. She stated that the Sheriff's Department is not as responsive as is necessary. In addition, she expressed dislike that a charge is being imposed for the Singspiration group of singers to use the Senior Center. D. Bill LaPerch, 7200 Walnut Canyon Road, spoke regardng the Immigration /Day Laborer issue. He expressed support for the laborers. E. Everett Braun, 13142 Williams Ranch Road, spoke as President of the Moorpark Senior Citizens. He stated that the Singspiration group is being required to pay for the use of the center because the grant that allowed the Seniors to build the center restricts the building from being used for the promotion of religious activities on a volunteer basis, so the Singspiration group must use it on a pay basis if they are to continue. Dr. Braun also introduced Thera Jean Whalen as the Director for the Moorpark Senior Citizens. Ms. Whalen stated that she will work with the community and will strive to have a program to meet all the needs of the seniors. Dr. Braun spoke again and requested the opportunity for the Moorpark Seniors to meet with the Council committee regarding Item 11.B., the Senior Lease Agreement. He said he did not receive it in time to review it. Councilmember Montgomery suggested that Item 11.B., Amendment to the Senior Lease Agreement, be continued to a future meeting to allow comments to be received from Dr. Braun and others before the Council takes action on this item. F. David J. Galvan, 12179 London Grove Court, spoke in opposition to the day laborers being allowed to continue gathering for work at local establishments rather than seeking employment in more conventional ways. Minutes of the City Council Moorpark, California Page 3 September 4, 1991 G. Annabelle Sessler, 6061 Gabbert Road, gave an overview of the various groups who have used the Senior Center in the past. She believes the Singspiration and the Fibrearts groups should be allowed to continue use of the center without being charged a deposit or user's fee. Mrs. Sessler also said the tumbleweeds on Gabbert Road should be removed while they are still green to prevent them from drying and blowing onto the road later in the year. H. Allen Camp, 1050 South Kimball, Ventura, said he will defer speaking until Item 11.A. is addressed by the Council. I. Debbie Hall, 588 Spring Road #62, spoke representing the Employment Development Department. She reminded Council that their office is open in Moorpark on Tuesday and Thursday from 10:00 a.m. - 12 noon to assist those seeking employment. J. Teresa Cortes, 12425 Villa Avenue, spoke as translator for the next two speakers. K. Jorge Ruiz, 283 Sussan Avenue, spoke as a day laborer and said he supports finding an alternative site for them to gather. He indicated they want to work out a solution to the problem and allow both sides to minimize their differences. Mr. Ruiz provided a copy of his speech, a petition and related information to the City Clerk. L. Alberto Garcia, 428 Sarah Street, spoke as a day laborer and thanked the Council for their cooperation in trying to resolve this issue. 7. COMMITTEE REPORTS: None. 8. CONSENT CALENDAR (Roll Call Vote): MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to pull item 8.B., 8.J., 8.K., 8.N. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. Minutes of the City Council Moorpark, California Page 4 A. Warrant Register FY 1990 -91 Regular Warrants 16044 -16049 FY 1991 -92 Manual Warrants 15943, 16034 - 16043 Regular Warrants 16050 - 16128 September 4, 1991 $ 22,274.40 $ 25,099.98 $184,108.00 C. Consider Status of GPA -90 -3 Proposal to Delete a Segment of Gisler Avenue (Liberty Bell Road). Staff Recommendation: Receive and file the report. D. Consider Resolution No. 91- Rescinding Current Schedule of Penalties for Infractions of the Moorpark Municipal Code and Adopting a Revised Schedule for Infractions and Misdemeanors. Staff Recommendation: Rescind Resolution No. 91 -743 and Adopt Resolution No. 91- 7c7kj . E. Consider Fox Canyon Groundwater Management Report. Staff Recommendation: Receive and file the report. F. Consider Status Report on the Construction of a Traffic Signal at Moorpark Avenue and High Street. Staff Recommendation: Elect not to pursue decorative poles and mast arms. G. Consider Resolution No. 91 -794 for No Parking on the North Side of Los Angeles Avenue between Spring Road and Millard Street. Staff Recommendation: Adopt Resolution No. 91 -794. H. Consider Park _Lane _Car Wash Bond Exoneration (PD -1066 Liston). Staff Recommendation: Authorize reduction of bonds to 10% for a minimum period of one year. I. Consider Purchase of Laptop Computers for Patrol Officers. Staff Recommendation: Approve the purchase of two laptop computers not to exceed $1,700. L. _Consider Request from Chamber of Commerce for Funding and Waiver of Fees for Country Days. Staff Recommendation: Approve guidelines for processing the Chamber's permits and continue consideration of Chamber's request at the September 18th City Council meeting. Minutes of the City Council Moorpark, California Page 5 September 4, 1991 M. Consider Support of SB828 to Repeal SB2557 Related to Property Tax Administration and Booking Fees. Staff Recommendation: Authorize the Mayor to send a letter of support for SB828. O. Consider Attendance at the League of California Cities Annual Conference. Staff Recommendation: Approve attendance at the League of California Cities Annual Conference by Councilmember Perez and one staff member. The following items were pulled from the Consent Calendar for individual consideration: B. Consider Report Regarding County of Ventura Pre - Submittal Meeting for Dry Canyon Multi -Use Facility (CUP- 4714). Staff Recommendation: Receive and file the report. In response to Councilmember Wozniak, Mr. Richards clarified that a receive and file the report staff recommendation was appropriate. MOTION: Councilmember Wozniak moved and Councilmember Talley seconded a motion to receive and file the report. The motion carried by unanimous voice vote. J. Consider Award of Bid for Picnic Shelters and Restrooms at Neighborhood Parks. Staff Recommendation: Award bid to Jevon Construction Company. Mr. Kueny requested that this item be continued to the next regularly scheduled meeting. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to continue the item to the next regularly scheduled meeting. The motion carried by unanimous voice vote. K. Consider Request from McDonald's to Separate Their General Plan Amendment Request from the City's General Plan Update Process. Staff Recommendation: Refer this item to the Community Development Committee with a report back for the October 2, 1991 meeting. In response to Councilmember Perez, Mr. Richards clarified that the request was to allow this application to separate from the General Plan Update process. In response to Councilmember Talley, Mr. Richards confirmed that if McDonald's were not allowed to separate from the General Plan Update process, McDonald's would Minutes of the City Council Moorpark, California Page 6 September 4, 1991 have to wait until after completion of the of the General Plan Update to file an application for a General Plan Amendment and entitlements. He said concurrent processing would save McDonald's five to six months. Councilmember Montgomery said he supported concurrent processing for McDonald's. Councilmember Talley said the previous Council had indicated to McDonald's that if they would meet certain requirements their application would be allowed to separate from the General Plan Update process. Councilmember Talley said that McDonald's had accomplished the requested traffic study which indicated that traffic would not be negatively impacted by a McDonald's at the proposed site. Further, Councilmember Talley said that approximately a year ago the Council told McDonald's that the General Plan Update was processing at such a rate that separation from the General Plan Update process would not be to McDonald's advantage. He said a savings of six months was significant. Mayor Lawrason said that he concurred with Councilmember Talley. He said he remembered McDonald's being told that if they could prove that the project would not "worsen" the traffic at the corner of Los Angeles Avenue and Spring Road but rather improve it, the Council would consider the project. He said he felt the traffic study completed by McDonald's showed that traffic impacts would not be negative and McDonald's should be allowed concurrent processing of their General Plan Amendment with the City's General Plan Update Process. Councilmember Perez stated his concerns with allowing this application to separate from the General Plan Update process when the City does not know what the conclusion of the General Plan Update will be. He said he was concerned that the City may lose a site for affordable housing in the future. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to allow the applicant to separate their General Plan Amendment request from the City's General Plan Update process and to allow the filing of a General Plan Amendment, a zone change, a commercial planned development permit and a lot split. The motion carried by voice vote 4 -1, Councilmember Perez dissenting. Minutes of the City Council Moorpark, California Page 7 September 4, 1991 The City Manager recommended consideration of the use of outside consultants for processing of the McDonald's application if needed. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to authorize staff to investigate the use of a consultant for the processing of the McDonald's application. The motion carried by unanimous voice vote. N. Consider Job Description for Recreation Coordinator Position as Authorized in the FY91/92 Budget. Staff Recommendation: Approve job description. Mr. Hare requested that the job description be approved with the second sentence of Training and Experience amended to read: Minimum requirements are at least fifteen hours of college credits in recreation, college classification as a Senior and two years of full - time experience in organized recreation /community service work. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the job description for Recreation Coordinator position as amended above. The motion carried by unanimous voice vote. 9. PUBLIC HEARINGS: A. Consider Resolution of Necessity No. 91- to Acquire Certain Street Right -of -Way at 14110 Los Angeles Avenue (Patton). Staff Recommendation: Adopt Resolution No. 91- (Continued Item 9.A. from 8/21/91) Mr. Kueny requested that this item be continued to the next regularly scheduled meeting. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded the motion to continue this item to the next regularly scheduled meeting of September 18, 1991. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 8 September 4, 1991 B. Consider CPD 89 -1 and -2 (Major Mod) Mission Bell Plaza and Tentative Tract Map 4757 on Application of Ventura Capital Pacific Company and Macleod Construction Company. A Proposal to Amend the Site Plan of a Previously Approved Shopping Center. Staff Recommendation: 1) Accept public testimony on the proposed project and Draft Supplemental EIR. Continue the hearing until City Council meeting of September 18, 1991, and 2) direct staff to prepare the necessary resolutions of approval should the Council desire to take final action on September 18, 1991. (Continued Item 9.C. from 8/21/91) Tim Deniro of Impact Sciences gave the staff report. In response to Councilmember Montgomery, Mr. Deniro said there is no condition of approval regarding security for the shopping center. Full time security for the center was being voluntarily being offered by the applicant. Councilmember Wozniak expressed concerns regarding the use of water during grading of the project. He stated that non - potable water should be used. He also expressed concern over the proximity of a school and the dust and noise generated during construction. Mayor Lawrason noted that the public hearing was still open. The Mayor noted that Robert Warren, consultant for the applicant from Ramseyer & Associates, 1881 Knoll Drive, Ventura, submitted a speaker card and is present to respond to questions from the Council. Elaine Freeman, representing Urban Strategies, 2509 E. Thousand Oaks Boulevard, Thousand Oaks, commented that the applicant has met with staff, the consultants and with Caltrans representatives to resolve all questions that were brought forward at the last City Council meeting. She said the consultants are present to answer any questions or address concerns of the Council. Mitchel Kahn, legal counsel for Ventura Pacific Capital Corp., 351 Rolling Oaks Drive, Suite 101, Thousand Oaks, addressed several items of concern as follows: 1. Grading - He stated that they will use non - potable water if it is available to mitigate dust during construction. He added, that if it is not available, they must use whatever water they can. Minutes of the City Council Moorpark, California Page 9 September 4, 1991 2. Signage - Mr. Kahn said his client agrees with the following staff recommendation for the signs: a. A maximum total of two 6 foot by 8 foot monument signs will be permitted for the two major anchor tenants. b. A maximum of signs will tenants. C. Lighting for internal and be used (all four 4 foot by 6 foot monument be permitted for single use the signs may be external or individual channel letters must the same type). d. This plan will be approved by the Director of Community Development during the Condition Compliance process, which takes place after the City Council approves the Major Modification. 3. Parking - The applicant requests that the Council choose an option as follows: a. The required number of spaces for the entire project (phases 1, 2 and 3) shall be in accordance with the City's previous parking code, which required 1 space per 300 square feet of retail uses, except for the proposed additional 19,665 square feet of retail space, which shall require parking spaces in accordance with the current parking code at 1 space per 250 square feet. Each phase shall meet this requirement. b. Allow the applicant of Phase 1 to place some parking spaces on the Phase 2 portion of the project site, with the consent of the applicant of Phase 2 (Macleod Construction). C. Allow the Phase 1 applicant to place temporary parking spaces at the rear of the proposed K- Mart in the landscape buffer area, until such time of issuance of occupancy of the main anchor tenant in Phase 2. The landscape buffer will then be installed per code. Minutes of the City Council Moorpark, California Page 10 September 4, 1991 4. APCD Fee - Mr. Kahn stated that the fee they will agree to pay is based on the square footage in the original environmental impact report which is now incorrect. He said the decreased square footage means the City is being paid $42,000 above the amount that would be required based on the new square footage, but the applicant is willing to pay this amount. 5. The applicant would like to change conditions of approval number 106 and 107 by adding a sentence, which appears in condition 108, to each of them as follows: Condition 106: The Los Angeles Avenue - Park Lane traffic signal shall be operational prior to any occupancy for CPD 89 -2 or Tract 4757 -1. If construction of this signal is delayed by CALTRANS at the time of the applicant's request for permits, the applicant shall deposit 100% of the total estimated construction cost with the City. The applicant shall construct the signal upon receiving Caltrans permission to do so. If right -of -way acquisition or Caltrans permission cannot be obtained, the applicant can request construction deferment on those portions of construction from the City Council consistent with Condition 85. Condition 107: The Los Angeles Avenue - Liberty Bell Avenue traffic signal shall be operational prior to any occupancy for this project. If right - of -way acquisition or Caltrans permission cannot be obtained, the applicant can request construction deferment on those portions of construction from the City Council consistent with Condition 85. 6. Mr. Kahn stated that there is more recent wording for Item 27 on page 40 of the staff report regarding the formation of an assessment district for the financing of construction of public improvements. He would like the more current wording substituted for what is presented in the report. Ken Macleod, spoke representing Macleod Construction Company, 4262 Telegraph Road, Ventura. Mr. Macleod stated that he does not want to lessen the number of parking spaces that they are requesting because it may have an affect on the attraction of an anchor tenant, Minutes of the City Council Moorpark, California Page 11 September 4, 1991 which they have not secured yet. He also indicated that they want to record the tentative map LDM 89 -2 without the requirement to bond for improvements at this time. He also requested that the AQMD fees decision be deferred until they see who the anchor tenant is going to be. If the tenant will be a heavy generator of traffic, they would like to consider it at the time that becomes known. Mr. Macleod expressed concern over the present configuration of buildings in the center and he presented a new conceptual arrangement with what he feels would be a viable solution to meet his concerns. He requested to be allowed to meet further with City staff to consider the new concept or something similar while they continue awaiting a decision on potential anchor tenants. Bill LaPerch, 7200 Walnut Canyon Road, spoke regarding the construction affects if the project is allowed to be done in phases. He spoke in opposition of the building of the center being allowed to take place over an extended period of time. Mela Cano, 148 Sierra Avenue, expressed her concerns about the short and long term affect that the development of this project will have on her family. Barbara A. Schultz, 116 Sierra Avenue, said she is still concerned about many items regarding this project, but she thanked the Council for their quick response to some of her questions from the last meeting. She did state her concern with the new conceptual drawing that was presented by Mr. Macleod this evening. Mitchell Kahn, 351 Rolling Oaks Drive, Suite 101, Thousand Oaks, stated his surprise at the new concept presented by Mr. Macleod this evening and said he hopes the Council will not be deterred from approval of the project by this latest presentation. He also stated that he believes development of the project in phases will minimize vacancies in the retail facilities being offered. Mr. Macleod spoke again and stated that his company does not want to make it more difficult for the Council to approve the project, but that the new concept is necessary for his company to attract more candidates for anchor tenancy. AT THIS POINT in the meeting a recess was declared. The time was 9:40 p.m. The meeting reconvened at 10:10 p.m. Minutes of the City Council Moorpark, California Page 12 September 4, 1991 After discussion of the parking requirements and recommendations, the following consensus was reached: CONSENSUS: By consensus, the Council determined that the required number of spaces for the entire project (Phases 1, 2 and 3 ) shall be in accordance with the city's previous parking code, which required one space per 300 square feet of retail uses, except for the proposed additional 19,665 square feet retail space, which shall require parking spaces in accordance with the current parking code at one space per 250 square feet and to allow the Phase I applicant to place temporary parking spaces at the rear of the proposed K -Mart in the landscaped buffer area until such time of issuance of occupancy of the main anchor tenant in Phase 2, but to be allowed for no longer than three years. At the end of the three years all parking required will be placed on -site on Phase I of the project. The landscaped buffer will then be installed per code. CONSENSUS: By consensus, the Council determined to allow temporary parking on the Phase 2 portion of the center by the applicant of Phase 1 for 3 years. If a reciprocal agreement was not worked out prior to the end of the three years, the temporary parking would revert to landscaped buffer. Following discussion of the APCD fee requirement by the Council, the following consensus was reached: CONSENSUS: By consensus, the Council determined to require for APCD fees the previously agreed upon fee of $370,945.00 plus 11% of $1,795,656.71. This would equal an additional $197,522.24, which is representative of the 11% increase in average daily trips generated by the new project. A Statement of Overriding Consideration for this strategy to be adopted in conjunction with the certification of the EIR. The fee to be taken over a phased period of time; The $100,000 initial downpayment to be paid prior to issuance of the building permit for K -Mart. The balance of fees at time of permitting would be pro -rated based on square footage over the entire center. Pro -rated amounts to be due as the pro -rated square footages were permitted. The entire amount of the fee must be paid in full within 3 years of the initial permitting of the K -Mart store. CONSENSUS: By consensus, the Council determined that providing security during hours of operation would be made a condition of development. Minutes of the City Council Moorpark, California Page 13 September 4, 1991 CONSENSUS: By consensus, the Council determined to defer a lighting plan until after the Southern California Edison lighting expert reported to the Council's Public Works /Facilities Committee in October. Mayor Lawrason expressed his concern that the site be kept in a presentable condition between the phases of development. CONSENSUS: By consensus, the Council determined to add a requirement for the City Engineer to include weed abatement consideration in the issuance of the grading permit. CONSENSUS: By consensus, the Council determined with regard to site grading on Saturday, the condition would be changed to allow grading from 9 a.m. to 7 p.m. CONSENSUS: By consensus, the Council determined to add to Condition 106 and 107, City Engineer conditions, the following language from CPD 89 -1 and 89 -2, Major Modification No. 1: If right -of -way acquisition or CalTrans permission cannot be obtained, the applicant can request construction deferment on those portions of construction from the City Council consistent with Condition 85. CONSENSUS: By consensus, the Council determined to direct staff to update the language of Condition No. 27 under the City Engineer's conditions for tentative tract map no. 4757, Major Modification No. 1. The City Clerk stated that it was time to reorder the agenda. CONSENSUS: By consensus, the Council determined to finish the discussion on 9.B., then to reconsider Item 8.C. and then to continue the balance of the agenda. Mr. Abbott stated that if the Circulation Element is amended to delete the road between Poindexter and Los Angeles Avenue, then Park Lane will need additional lanes in each direction at least to the second driveway; this because of the change in plan being proposed by Mr. Macleod. Mr. Kueny suggested that one possible way to accomplish the increased width of the street was to eliminate part of the 28 -foot landscaping setback. Minutes of the City Council Moorpark, California Page 14 September 4, 1991 CONSENSUS: By consensus, the Council determined to add language for an additional option under Condition 83.b., City Engineer condition of the CPD 89 -1 and 89 -2, Major Modification No. 1 for an easement across the property rather than the construction of Liberty Bell Road. Councilmember Perez stated that the Council had accepted the signage conditions as recommended by the Community Development Committee. CONSENSUS: By consensus, the Council determined that the condition requiring posting of no loitering signs would be dropped. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to approve the staff recommendation to continue the hearing until the City Council meeting of September 18, 1991 allowing staff sufficient time to respond to the public and agency comments received at tonight's meeting and during the 45 -day draft EIR review period and to finalize the conditions of approval. Staff is directed to prepare the necessary resolutions of approval. The motion carried by unanimous voice vote. The following item was reconsidered by the Council. B.C. Consider Status of GPA -90 -3 Proposal to Delete a Segment of Gisler Avenue (Liberty Bell Road). Staff Recommendation: Receive and file the report. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to reconsider agenda item number B.C. The motion carried by unanimous voice vote. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to allow filing of a General Plan Amendment for the Circulation Element for this applicant with regard to Liberty Bell Road. The motion carried by unanimous voice vote. 10. COMMENTS FROM COUNCIL MEMBERS: None. Minutes of the City Council Moorpark, California Page 15 11. ACTION /DISCUSSION ITEMS: September 4, 1991 A. Reconsider Previous Actions Regarding Resolutions of Approval for Residential Planned Development Permit Nos. 90 -1. 90 -3 and 90 -4 plus Tentative Tract Maps 4738 and 4726 (Applicant - The Westland Company). Staff Recommendation: Make no change to conditions of approval and consider final draft of the Affordable Housing Agreement. (Continued item 11.C. from 8/21/91) CONSENSUS: By consensus, the Council determined to allow Mr. Camp, the attorney for the applicant, to address the Council. Allen Camp, 1050 South Kimball, Ventura, spoke as legal counsel for the applicant. He addressed four items as follows: a. FEE SCHEDULE - Mr. Camp stated that the applicant will pay the $3,000 per unit as they have adjusted the affordable housing price by a commensurate amount. He stated that the language of the condition should be that "at the time of occupancy of each unit, the applicant shall make a contribution of $3,000 perunit....." b. AFFORDABLE HOUSING AGREEMENT - Mr. Camp said the second reading of Ordinance 144 should proceed at this evening's meeting because the Affordable Housing Agreement states that it will become effective when the land use entitlements become effective so there should be no problem with adopting the ordinance this evening. He said the likelihood of the Affordable Housing Agreement not being signed by the time the ordinance becomes effective is not very likely. C. RESALE RESTRICTION AGREEMENT - Mr. Camp stated that this agreement should be sensitive to the market rate. Minutes of the City Council Moorpark, California Page 16 September 4, 1991 MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to approve the staff recommendation to (1) Review Final Draft of Affordable Housing Agreement for Westland Residential Project and direct Mayor to sign the Final Agreement prior to September 18, 1991; (2) to direct staff to transmit a copy of the final draft of the Resale Restriction Agreement to the City Council prior to the September 18 Council meeting; (3) to direct staff to schedule the second reading of the Zone Ordinance for the Westland Residential Project for September 18, 1991. B. Consider Amending the Senior Center Lease Agreement. Staff Recommendation: Direct staff as deemed appropriate. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to continue this item to the next regularly scheduled City Council meeting. A. Reconsider Previous Actions Regarding Resolutions of Approval for Residential Planned Development Permit Nos. 90 -1, 90 -3 and 90 -4 Plus Tentative Tract Maps 4738 and 4726 (Applicant - The Westland Company). Staff Recommendation: Make no change to conditions of approval and consider final draft of the Affordable Housing Agreement. (Continued Item 11.C. from 8/21/91) Regarding Item 11.A., Mr. Kueny stated that there are conditions that were proposed by the applicant and he recommended this item be continued in total and staff will come back with revisions to the conditions at the next regularly scheduled City Council meeting. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to reconsider Item 11.A. at the City Council meeting of September 18, 1991. The motion carried by unanimous voice vote. C. Consider Immigration and Naturalization Service (INS) Activity to Resolve Day Laborer Problems in Agoura Hills as Proposed by Congressman Elton Gallegly. Staff Recommendation: Direct staff as deemed appropriate. Miss Lindley gave the staff report. Mayor Lawrason read a letter from Congressman Gallegley f or the public record. The Mayor stated that he sees the problem as an internal one, which the City has the resources to resolve. Minutes of the City Council Moorpark, California Page 17 September 4, 1991 Councilmember Perez read the following statement which he had previously prepared. "On the morning of August 29, 1991, I received a copy of a notice of Congressman Gallegly's scheduled press conference in Agoura Hills. The notice read in part, "... the INS plans task force operations in other parts of his district where the day laborer issue has been a problem." "It appeared clear to me and to others, that the INS was coming to Moorpark. The congressman has since clarified his intent and has assured the City Council that he is not proposing that INS target the day labor situation in Moorpark without the City's request." "I thank the Congressman for this clarification. I, too, share his support for local control and although his clarification eases my concern regarding Moorpark, I remain disappointed with the proposed course of action for other jurisdictions." "I believe, and it will become evident to you, that a sincere spirit of respect and cooperation exists in Moorpark amongst the City Council, the men looking for work, the local merchants, and equally important, the community at large. This approach will carry us through the present circumstances to a resolution that is equitable to all concerned." Councilmember Perez expressed thanks to Mayor Lawrason for his support. 12. ORDINANCES: A. Consider Second Reading and Adoption of Ordinance No. 144 - An Ordinance Adopting Zone Change No. Z -90 -2 (Westland Company). MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to continue the item to the next regularly scheduled City Council meeting. The motion carried by unanimous voice vote. 13. FUTURE AGENDA ITEMS: None. Minutes of the City Council Moorpark, California Page 18 14. CLOSED SESSION: September 4, 1991 MOTION: Councilmember Talley moved and Councilmember Montgomery seconded a motion to adjourn to Closed Session for discussion of the following: A. Personnel. B. Potential litigation pursuant to Government Code Section 54956.9(b) (1) C. Potential litigation pursuant to Government Code Section 54956.9(c) D. Litigation concerning City of Moorpark vs. Moorpark Unified School District. E. Litigation concerning 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. 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 Minutes of the City Council Moorpark, California Page 19 September 4, 1991 California Edison Company. P. Litigation concerning City of Moorpark vs. Shell Oil Company. Q. 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 11:40 p.m. The meeting reconvened into Closed Session at 11:50 p.m. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney. The meeting reconvened into Open Session at 12:29 a.m. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to approve the agreement for option and right of first refusal to purchase rail property with VCTC subject to final approval of language by the City Manager and City Attorney and to authorize the Mayor to sign the agreement. The motion carried by unanimous voice vote. Mr. Kueny stated there was no other action to report out of Closed Session and only items 3.C., 3.D., 3.G., 3.H., 3.K., 3.L., 3.M. and 3.Q. had been discussed. 15. ADJOURNMENT: MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to adjourn the meeting in memory of Opal Peters, who passed away last Monday evening. The motion carried by unanimous voice vote. The time was 12:29 a.m. Paul W. LawrasbyrJr., Mayor