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HomeMy WebLinkAboutMIN 1992 0108 CC SPC 7:15 PMMINUTES OF THE CITY COUNCIL Moorpark, California January 8, 1992 A Special Meeting of the City Council of the City of Moorpark was held on January 8, 1992 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 Montgomery. 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. Dean, Sheriff's Department; Ken Gilbert, Director of Public Works; Mary Lindley, Assistant to the City Manager; Don Reynolds, Management Analyst; Phil Newhouse, Director of Community Services; Charles Abbott, City Engineer; Kathleen Mallory - Phipps, Associate Planner; Lillian Kellerman, City Clerk; Dorothy Vandaveer, Deputy City Clerk. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Proclamation recognizing January, 1992 as Crimestoppers Month. Mayor Lawrason presented the proclamation to Connie Lawrason and Senior Deputy Bill Bettis. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 6. PUBLIC COMMENT: A. Steven Abbath, 47 W. High Street, spoke in opposition to the day laborer gathering site proposed to be located at the southwest corner of Moorpark Avenue and High Street. He requested this site not be approved by the City Council. Minutes of the City Council Moorpark, California 2 January 8, 1992 B. Edward R. Peters, 7155 Walnut Canyon Road, indicated his opposition to the day laborer site being located as proposed. He said the City should not provide the opportunity for someone in Moorpark to pick up a laborer, who may be an illegal immigrant, and have to pay the penalty for having attempted to use that person to perform work. He continued by saying he does not want his tax dollars used to provide portable toilets and phones for this purpose. C. James R. Owens, 3647 Adonis Place, objected to the proposal for moving the site for the day laborers. He said he is also speaking on behalf of Keith Wallace, who owns property on Moorpark Avenue between High Street and Charles Street. Mr. Owens stated that he works in Agoura Hills where the day laborers do not disperse during the day and they often choose not to use the portable restrooms there. The same situation may exist in Moorpark if a site is provided. He suggested, if it is necessary to provide such a gathering place, there should be a structure that can be opened and closed and not just an open space where the workers and others will gather. D. Monte Abbath, 294 Sarah Avenue, stated his concern that none of the tenants on High Street were notified of the proposal to change the location of the gathering site for the day laborers. He expressed his opposition to this action being taken. E. Eloise Brown, 13193 Annette Street, spoke regarding the day laborer item. She said the agenda does not provide a title that is sufficiently descriptive for the public to identify the affect it may have on them. She also indicated that this item should be treated as a public hearing item and be duly noticed. F. Lynne B. Owens, 4647 Adonis Place, spoke as a business owner and was also speaking on behalf of the owners of the business Petals 'n Pines. She said the location of the day laborer gathering site at the southwestern corner of Moorpark Avenue and High Street will create a public nuisance and the possibility of liability to the City if someone is injured or killed on the site. G. Carolyn Schrimpf, 12788 Summer Street, spoke in opposition to the relocation of the day laborer site to the southwest corner of Moorpark Avenue and High Street. Minutes of the City Council Moorpark, California 3 January 8, 1992 H. Robert Schrimpf, 12788 Summer Street, chose not to speak, but indicated on his speaker card that he strongly objects to the staff recommendation on Item 11.E. to establish the day laborer gathering site at the High Street location. I. Dee Boysen, 23801 Calabasas Road, Suite 1004, Calabasas, was present to speak regarding Item 9.B., the proposal to revise the fee schedule for building and safety services. Mayor Lawrason indicated that she should speak during that public hearing. J. Sylvia Whitaker, 461 Cornett Street, spoke in opposition to the day laborer gathering site proposed to be relocated to the southwest corner of High Street and Moorpark Avenue. K. Margo M. Gaetz, 163 Sierra Avenue, stated her opposition to the existence of a day laborer gathering site in the City. She expressed concern regarding the impact on morning and evening traffic if a site is allowed, especially at the proposed location. L. Mike Vickers, 12089 Havencrest, spoke in opposition to the relocation of the day laborer site. He suggested two other locations for the site: 1) Monte Vista Nature Park and, 2) the area along Tierra Rejada Road where the bins are located for the newspapers. Mr. Vickers stated that he cannot determine whether or not the present gathering site has hurt his wife's business on High Street, but he does know that she does not patronize the Tipsy Fox because of the gathering of the day laborers at that location. M. Judy Vickers, 13089 Havencrest, spoke as an owner of a High Street business. She spoke in opposition to the site being relocated to the southwest corner of High Street and Moorpark Avenue. N. Gregory Simons, 528 South 'A' Street, Oxnard, represented the organization named E1 Concilio. He indicated that the men at the site looking for work are not necessarily transients or undocumented workers, but are residents of Moorpark and they want to work with the community to resolve this issue. O. Ric Carrott, 14078 Atwood Court, spoke in opposition to the proposal to relocate the day laborer gathering site. 7. 8. Minutes of the City Council Moorpark, California 4 January 8, 1992 P. Cliff May, 13853 E. Los Angeles Avenue, said he opposes the relocation of the day laborers to the proposed site. He said Moorpark will draw day laborers from the entire county if this site is approved. Q. Barbara Schultz, 116 Sierra Avenue, stated her opposition to the relocation of the day laborer gathering site. R. Robert Coughlon, 165 High Street, #106, spoke as a downtown businessman. He said he is strongly opposed to the establishment of a day laborer gathering site at Moorpark Avenue and High Street and that the City will be inviting liability suits if the relocation occurs and is sanctioned by the City. Mr. Coughlon stated that the workers should seek employment through the Employment Development Department to ensure their needs as well as those of potential employers are met. COMMITTEE REPORTS: Councilmember Montgomery reported on the last Santa Monica Mountains Conservancy meeting. CONSENT CALENDAR: (Roll Call Vote) MOTION: Councilmember Talley moved and Councilmember Montgomery seconded a motion to pull items 8.B.1 8.C., 8.D. 8.G., 8.I., 8.M.1 and 8.N.1 and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of the Regular City Council Meeting of December 18 1991. Consider Approval of Minutes of the Special City Council Meeting of December 18 1991 Staff Recommendation: Approve minutes as processed. E. Consider Schedule for Filming and Playback of City Meetings. Staff Recommendation: Approve live cablecasting of City Council, Planning Commission, and Parks and Recreation Commission meetings and limit playback to City Council meetings only. F. Consider a Report Regarding an Expired Entitlement for IPD 89 -2 (Annotti) Staff Recommendation: Approve a time extension for IPD 89 -2 to April 18, 1992. Minutes of the City Council Moorpark, California 5 January 8, 1992 H. Consider Authorization to Advertise for Receipt of Bids for the Replacement of Sidewalks and Parkway Trees on the East Side of Tierra Reiada Road Between Los Angeles Avenue and Courtney Lane (Penrose Avenue) . Staff Recommendation: Approve the above described project and authorize staff to advertise for receipt of bids for same. J. Consider Approval of Funding of an Additional Crossing Guard for Remainder of the Current School Year. Staff Recommendation: Approve addition of eighth Crossing Guard through the remainder of the current school year. K. Consider Setting Public Hearing Date for Revisions to the City's Land Use Development Resolution. Staff Recommendation: Pursuant to Government Code 66016, that the Council authorize staff to schedule a public meeting for February 5, 1992 in order to consider revising the current rates. L. Consider Contract Amendment for Construction Management with PICON, Inc. to Add Monument Signs, Restroom and Picnic Shelter Project. Staff Recommendation: Approve contract for services and authorize the City Manager to sign amendment. (Continued Item 8.L. from 12/18/91.) O. Consider Authorizing Portion of City's Administrative Fee for Plan Check and Inspection Services for South Meadows Park to be Used for Improvement at the Park. Staff Recommendation: Authorize $5,000 to be used for improvements at South Meadows Park. The following items were pulled from the Consent Calendar for individual consideration: B. Warrant Register FY 1991 -92 Manual Warrants $ 686.40 Regular Warrants $ 394,915.34 Mr. Kueny indicated that because of computer difficulties, the warrant register had not printed and would be provided at the January 15, 1992 meeting. Minutes of the City Council Moorpark, California 6 January 8, 1992 MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to continue this item to the meeting of January 15, 1992. The motion carried by unanimous voice vote. C. Consider Ultra Low Flush Rebate Program - Ventura County Waterworks District No. 1. Staff Recommendation: Waive the requirement for a permit and fee for replacing high water use toilets in single family residences with ultra - low flush toilets under the condition that Water Works District No. 1 and /or Calleguas provide a hold harmless agreement to the City and authorize the City Manager to sign agreement subject to language approval by the City Attorney. In response to Councilmember Montgomery, Mr. Richards clarified that the program provides financial incentives to individuals to replace their existing high water use toilets with ultra -low flush toilets. He also indicated that the County has determined that a hold harmless agreement is not necessary from them and suggested that the City accept hold harmless indemnities from the individual customers participating in the program. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to approve the staff recommendation with the amendment that the City accept hold harmless indemnities from individual customers participating in the program. The motion carried by unanimous voice vote. D. Consider Status of "HOME" Funds Proposed to Become Available Via the County CDBG Entitlement Process. Staff Recommendation: Receive and file the report. Councilmember Perez said that he would like the letter to the County to include a statement that funds should be allocated for acquisition of real property for development of affordable housing. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to support staff's comments, regarding the proposed use of HOME funds, to the County with the modification that the letter include a statement that the City's allocation of funds should be set aside for acquisition of real property for development of affordable housing; and request that an alternative use for the funds be considered before further consideration is given to the County's proposed use of funds for Section 8 rental assistance program. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California 7 January 8, 1992 G. Consider a Status Retort Regarding Unreinforced Masonry Buildings. Staff Recommendation: Receive and file this report. Mayor Lawrason stated that he would like to have a report on all the buildings in town in this classification placed on an upcoming agenda. MOTION: Mayor Lawrason moved and Councilmember Perez seconded a motion to approve the staff recommendation to receive and file the report. The motion carried by unanimous voice vote. I. Consider ADtroval of a Takeover Agreement Related to the Construction of a Traffic Signal at the Intersection of Peach Hill Rd. and Spring Rd. Staff Recommendation: Approve agreement subject to final language approval by the City Attorney and authorize the Mayor to execute. In response to Mayor Lawrason, Mr. Kueny said the City Attorney would review with the bonding company the final language to appear in the agreement. MOTION: Mayor Lawrason moved and Councilmember Perez seconded a motion to approve the staff recommendation to approve the agreement subject to final language approval by the City Attorney and to authorize the Mayor to execute the agreement. The motion carried by unanimous voice vote. M. Consider Establishing Priorities for the 1992193 CDBG Program and Authorize Staff to Solicit RFP's. Staff Recommendation: Authorize staff to solicit RFP's for the use of 1992/93 CDBG funds. Councilmember Perez stated that he would like to include that Requests for Proposals (RFP's) need not exclude affordable housing. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to approve the staff recommendation to authorize staff to solicit RFP's for the use of 1992/93 CDBG funds with the clarification that use of the stated priorities does not exclude affordable housing RFP's. The motion carried by unanimous voice vote. N. Consider Resolution No. 92 -826 Amending Resolution No. 88 -495 to Formalize Changes to Certain Conditions of Approval for Tract Nos. 4340. 4341 and 4342 Resulting from First Amended Settlement Agreement with Urban West Communities. Staff Recommendation: Adopt Resolution No. 92 -826. 92 Minutes of the City Council Moorpark, California 8 January 8, 1992 Mr. Kueny went over several minor typographical corrections to the resolution and requested that the Council adopt the resolution as amended. MOTION: Mayor Lawrason moved and Councilmember Perez seconded a motion to adopt Resolution No. 92 -826 as amended by the City Manager. The motion carried by unanimous voice vote. PUBLIC HEARINGS: A. Consider a Request by Urban West Communities for Residential Planned Development No. 91 -2; Zone Change No. 91 -1; and Tentative Tract Map No. 4792 Regarding a Proposal for a 196 Unit Residential Townhouse Project. Staff Recommendation: Direct staff to draft a resolution of approval with conditions to be considered at the February 5, 1992 City Council meeting. Ms. Mallory- Phipps gave the staff report. Mayor Lawrason opened the public hearing. A. Tom Zanic, representing Urban West Communities, 520 Broadway, Santa Monica, gave an overview of the project. B. Johannes Van Tilburg, spoke representing the architectural firm Van Tilburg and Partners, 225 Arizona Avenue, Santa Monica. Mr. Van Tilburg provided general comments regarding the architectural design of the project. He explained that the style is considered to be southwestern Mediterranean and will be appropriate for the surroundings in Moorpark. One added feature is that the project has a totally xeriscape landscape design. C. Tom Zanic spoke again and stated that this project is being built in compliance with the specific plan for the Planned Community as adopted by the County in 1981 and as amended by the City in 1985. He indicated that the project was not misrepresented to the public as the configuration, size and price were not available until the project was submitted for consideration to the City in 1991. Minutes of the City Council Moorpark, California 9 January 8, 1992 D. Howard Englander, 5000 Birch Street, Suite 400, Newport Beach, spoke. Mr. Englander explained that his firm has done the economic feasibility consulting for the development of the project and said the value rating for a development of this size, cost and design is "good ". He said the development would not negatively affect surrounding property values. E. Mr. Zanic spoke again and reminded the Council that this is a market rate project without a density bonus and without government subsidies. He said since Urban West Communities owns property in the area, they are as concerned as others about maintaining property values. F. Lee Ward, from Linscott, Law & Greenspan Engineers, 106 South Mentor Avenue, Pasadena, spoke as traffic engineer for the project. He indicated that they have submitted the traffic study with the conclusion that, with the improvements to the street system, it will maintain a level of service of "B" or "C ", which is what they were trying to achieve. G. Kenneth Hickman, 1002 Riverside Drive, Suite 31, Burbank, spoke as a security consultant to Urban West Communities. He indicated that projects like these typically do not cause an increase in crime within the community. He said densification of a project does not necessarily increase the crime rate in the area. Mr. Hickman stated that this particular project actually discourages random or nonresident traffic and it defies opportunistic crime. He continued by saying that from a security point of view, the crime rate should remain low. H. Mr. Zanic referenced the letter dated January 6, 1992 from Urban West Communities to the City Council. He addressed each item as follows: 1. Countrvhill Road - Mr. Zanic requested that RPD condition No. 49 be amended as follows: "Developer shall commence construction of the northeastern extension of Countryhill Road within 30 days of the City and the County of Ventura having entered into a maintenance agreement for the Peach Hill Watercourse and related facilities, and having issued necessary permits." Minutes of the City Council Moorpark, California 10 January 8, 1992 2. Traffic Assessment District - Mr. Zanic requested that the condition be modified to allow for the establishment of a district with participation from the applicant to be consistent with all other tracts in Planned Community No. 3. and to be worded as follows: "The applicant shall execute a covenant running with the land on behalf of itself and its successors, heirs, and assigns agreeing to participate in the formation of an assessment district or other financing technique including, but not limited to, the payment of traffic mitigation fees, which the City may implement or adopt, to fund public street and traffic improvements directly or indirectly affected by the development. Traffic mitigation fees shall be used for projects such as, but not limited to, New Los Angeles Avenue. This condition shall not apply to future homeowners." 3. Homeowners Associations - The applicant requests deletion of the limitation for one homeowners association. 4. Interior Wood Fencing - Applicant requests RPD Condition No. 25 be deleted and that painted wood fences with architectural details between private patios, be deemed appropriate. Mr. Zanic requested deletion of this condition and that the proposed Conceptual Landscape Plan be approved. 5. Crossing Guard - Mr. Zanic requested further Council discussion on this topic and said Urban West Communities would be agreeable to whatever was the Council conclusion. 6. Landscaping Bond - Mr. Zanic requested the following language be approved as it appeared in the original staff report to the Planning Commission. "Prior to Final Map approval, no Certificate of Occupancy may be issued until all on site improvements within each phase specified in this permit have been completed or the applicant has provided some form of financial security to guarantee the completion of the Minutes of the City Council Moorpark, California it January 8, 1992 improvements such as a Performance Bond. Said on site improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. In case of failure to comply with any term or provision of this agreement, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvement to the satisfaction of the Director of Community Development, the surety may be exonerated by action of the Director of Community Development." 7. Landscape Assessment District - Mr. Zanic requested that Tract Map Condition No. 22 be deleted as to apply this condition would be inconsistent with all the other homes. Mr. Zanic gave closing comments by stating that this proposed project is consistent with the specific plan for the Planned Community as adopted by the Council. Mr. Zanic requested an opportunity to provide rebuttal comments. AT THIS POINT in the meeting a recess was declared. The time was 9:15 p.m. The meeting reconvened at 9:50 p.m. The following individuals spoke regarding the project. A. Mike Wakshull, 3924 Quailwood Street, stated that the Mountain Meadows Neighborhood Council should be disbanded and he spoke with regards to the type of persons who may purchase the townhomes. B. Bill Bustamante, 3900 Timberview, stated that most of his questions were answered by the applicant's consultants. He expressed concern with the sales price. He said he did not have any major traffic concerns other than additional traffic management may be needed when the Ralph's shopping center is built out. C. Tony Valdez, 12310 Willow Spring, spoke as President of the Willows II Homeowners' Association and Secretary of the Neighborhood Council. He said he authored the flyer that was distributed in the Mountain Meadows community. He indicated that no one on the Neighborhood Council has any objection to the townhomes being built, but they were led to believe the sizes would be bigger and believe that Urban West Communities abandoned the commitment they made to the homeowners sometime ago that the project would be close to the size of their homes and much higher in value Minutes of the City Council Moorpark, California 12 than what is proposed. January 8, 1992 D. Gloria Nainoa, 12685 Crystal Ranch Road, stated that parents are not setting a good example for their children by prejudging the persons who may ultimately purchase the townhomes. She said the project should be approved by the Council. E. Ernesto J. Acosta, 11886 Alderbrook Street, spoke in favor of the proposed townhomes being built. He said the presence of condominiums in a neighborhood does not necessarily mean that the crime rate will increase and he praised Urban West for the planned community they have developed so far. F. John Patrick Lane, Jr., 12591 Crystal Ranch Road, stated he would like to see more of a mix in the size of the units and for Urban West Communities to submit to an agreement to allow senior citizens to live in this community by advertising for six months to let senior citizens move into some of the dwelling units. G. Tom Thompson, 12623 Hillside Drive, spoke in favor of the proposed project. He said townhomes do not devalue adjacent homes and he also praised UWC for fulfilling a need in the community for more affordable housing. H. Haldun Arin, 11678 Chestnut Ridge, said this project will introduce more density to stress the infrastructure. I. Janice Isaacs, 11692 Chestnut Ridge, said she opposes the development of the townhomes and cited increased traffic and safety of children on the streets as the reasons for her concerns. J. Bill Brooks, 11618 Chestnut Ridge Street, expressed concern with increased traffic and lowered property values if this project is approved. He said the Council should consider reducing the number of units and increasing the square footage of the dwellings. Mayor Lawrason closed the public hearing. AT THIS POINT in the meeting the agenda was reorganized. The time was 10:40 p.m. Minutes-of the City Council Moorpark, California 13 January 8, 1992 CONSENSUS: The Council determined to continue and complete discussion of item 9.A., to continue 9.B. to the meeting of February 5, 1992, to continue items 11.B., 11.C., 11.D. and 11.F. to the meeting of January 15, 1992; and to take item 10.A., 11.E., 11.A., and 11.G. in that order following completion of item 9.A. After Council discussion, the following consensus actions were heard: CONSENSUS: By consensus, the Council determined to allow the modification of Condition No. 49 of the RPD as requested by the developer to read "Developer shall commence construction of the northeastern extension of Countryhill Road within 30 days of the City and the County of Ventura having entered into a maintenance agreement for the Peach Hill Watercourse and related facilities, and having been issued necessary permits." CONSENSUS: By consensus, the Council determined to amend Conditions No. 29 of the RPD to use the most current version of such language accepted by the City for a similar condition. CONSENSUS: By consensus, the Council determined to allow the modification of Tract Map Condition No. 43 and RPD Condition No. 26 to delete the limitation for one homeowners association and include the addition of language referencing annexation to the master homeowners association every three years. CONSENSUS: By consensus, the Council determined to require interior masonry walls as part of RPD Condition No. 25. CONSENSUS: By consensus, the Council determined to modify Condition No. 27 to reflect that the cost of the crossing guard to be paid for five years should be calculated at whatever the rate is immediately prior to first occupancy and that the total cost be paid in cash prior to first occupancy. CONSENSUS: By consensus, the Council determined that the subject of crossing guards should be a future topic of discussion with the school district. Councilmember Talley said that alternative ways of funding crossing guards should be discussed by the Council in order to spread the cost among all City residents. Minutes of the City Council Moorpark, California 14 January 8, 1992 Mr. Kueny indicated that a condition requiring vehicle code enforcement on the private streets in the development should be included in the conditions. CONSENSUS: By consensus, the Council determined to include the condition requiring Vehicle Code enforcement on the private streets in the development. CONSENSUS: By consensus, the Council determined that the traffic signal on Tierra Rejada and Mountain Trail should be required prior to first occupancy. CONSENSUS: By consensus, the Council determined that with regard to the requirement for a four -way stop on Mountain Trail and Mountain Meadow Road, the language "prior to 50% occupancy ", be changed to read "prior to first occupancy ". CONSENSUS: By consensus, the Council determined that with regard to the landscaping and interior wall maintenance bond required in addition to standard performance bonds in Tract Map Condition No. 48, the bonding requirement would be at 100% of valuation for 3 years after the last occupancy. CONSENSUS: By consensus, the Council determined to concur with staff in maintaining Tract Map Condition No. 22 requiring future homeowners to agree to participate in a Landscape Assessment District for Mountain Trail Street and Countryhill Road if they fail to properly maintain the landscaping. AT THIS POINT in the meeting the Council took a five - minute recess. The time was 11:43 p.m. The meeting reconvened at 11:49 p.m. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to make the appropriate findings with regard to the Zone Change, Subdivision Map Act compliance, and Planned Development Permit as outlined in Attachment 1 of the staff report dated 12/30/91; to direct staff to prepare resolutions for approval of Tentative Tract Map No. 4792, RPD 91 -2, Zone Change 91 -1 subject to conditions as amended by the City Council. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California 15 10. 11. January 8, 1992 B. Consider a Proposal to Revise the Fee Schedule for Building and Safety Services. Staff Recommendation: Approve resolution setting forth a revised fee schedule for Building and Safety Services. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to continue this item to the February 5, 1992 meeting. The motion carried by unanimous voice vote. COMMENTS FROM COUNCIL MEMBERS: A. Nomination to Clean Air Fund Advisory Committee. MOTION: Mayor Lawrason moved and Councilmember Talley seconded a motion to nominate David Vandaveer to the Clean Air Fund Advisory Committee. The motion carried by unanimous voice vote. Councilmember Perez requested that a procedure for identifying candidates for City appointments be developed. ACTION /DISCUSSION ITEMS: E. Consider Approval of An Alternative Dav Laborer Gatherin Site. Staff Recommendation: Approve the alternative day laborer gathering site as recommended by staff and direct staff to work with the laborers and employers to officially move activity to that location. Mary Lindley gave the staff report. Mayor Lawrason stated he is pleased this issue has generated so much interest and that he believes the day laborers are for the most part citizens looking for gainful employment. He said he knew the impact would be significant on the commercial people in the downtown area to have the site located at the proposed location, but he cautioned that nothing is final yet. It is still in the discussion stage. Councilmember Perez said the question of liability to the City will be researched more completely by the Council. Councilmember Montgomery indicated that Mayor Lawrason and Councilmember Perez did not try to exclude anybody in the decision- making process. However, he does believe the site selection is wrong and stated that 1) the location should not be a City sponsored item and, 2 ) this Minutes of the City Council Moorpark, California 16 January 8, 1992 action is not an appropriate action of government. In addition, Councilmember Montgomery suggested that the Council committee take another look at the issue and include the input from the downtown residents, businesses, day laborers and El Concilio for whatever decision is to be made. Councilmember Talley said the process disturbed him in that more people were not involved in its consideration. He said he does not want any site to be sponsored by the City, but that the day laborers should be helped in finding jobs or assisted to become qualified to do so. Councilmember Wozniak said it was not the Council's intent to exclude anyone from the discussion of this item. He agreed with Councilmember Montgomery that it is time that a group like E1 Concilio get involved and try to make this a positive effort. He said the City cannot bear the sole responsibility. He said the next time this comes before Council it should be in a public hearing with persons affected having been duly notified. Councilmember Perez indicated that the involvement of E1 Concilio may not be the answer as they are a nonprofit agency operating with tight budget constraints. He said he is willing to take it back to the Council Committee for further pursuit of an acceptable site. Mayor Lawrason said he supports the idea of this coming back in the form of a public hearing and that citizens who want to help with the problem should provide city staff with their names and phone numbers. He stated that he does not want this to become an enforcement issue for the Immigration and Naturalization Service even though they have a right to review the situation. He is willing to take it back to the Council committee for further consideration and to perhaps schedule a special town hall meeting to involve the public and business owners in the decision - making. CONSENSUS: By consensus the Council directed that the Community Development Committee continue to work with staff to develop a format for continued work on this matter. Minutes of the City Council Moorpark, California 17 January 8, 1992 A. Consider Ventura County Waste Management Reorganization Proposal. Staff Recommendation: Direct staff as deemed appropriate. (Continued from 11.B. 12/18/91.) MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to approve the staff recommendation to direct the Mayor to send a letter to the Waste Management Commission stating the City's concerns with the reorganization proposal and support extending the review period to allow for further discussion. The motion carried by unanimous voice vote. G. Consider Proposal for Expansion of the Moorpark Library. Staff Recommendation: Direct staff as deemed appropriate. MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to direct staff to continue to work with the County until the expansion proposal is fully formed and that the Budget and Finance Committee be involved in the process. The motion carried by unanimous voice vote. B. Consider the Draft Comprehensive Housing Affordability Strategy and Possible Revisions. Staff Recommendation: Authorize staff to submit the attached recommended revisions to include Council input. This item was continued to January 15, 1992. C. Consider Weldon Canvon Final Environmental Impact Report. Staff Recommendation: Direct staff as deemed appropriate. This item was continued to January 15, 1992. D. Consider the Draft Comprehensive Housing Affordability Strategy (CHAS) . Staff Recommendation: Authorize staff to submit revisions to the Draft CHAS. This item was continued to January 15, 1992. F. Consider Meeting with LAFCO and County of Ventura Concerning Sphere of Influence Study. Staff Recommendation: Direct staff as deemed appropriate. This item was continued to January 15, 1992. Minutes of the City Council Moorpark, California 18 12. ORDINANCES: None. 13. FUTURE AGENDA ITEMS: None. 14. CLOSED SESSION: January 8, 1992 MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adjourn to Closed Session for a discussion of all items on the agenda and potential litigation pursuant to Government Code Section 54956.9(b)(2). 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 Ventura County Community College District vs. City of Moorpark. E. Litigation concerning the County of Ventura vs. City of Moorpark. F. Litigation concerning the Moorpark Mosquito Abatement District vs. City of Moorpark. G. Negotiations for Real Property at 280 Casey Road (Moorpark Unified School District) pursuant to Government Code Section 54945.8. H. Negotiations for Real Property on Los Angeles Avenue (East) pursuant to Government Code Section 54945.8. I. Litigation concerning Conejo Freeway Properties, LTD. vs. City of Moorpark. J. Litigation concerning City of Moorpark vs. Camrosa Water District. K. Litigation concerning City of Moorpark vs. Pacific Bell. L. Litigation concerning City of Moorpark vs. Southern California Edison Company. Minutes of the City Council Moorpark, California 19 15. ATTEST: January 8, 1992 M. Litigation concerning City of Moorpark vs. Shell Oil Company. N. Negotiations for Real Property for Arroyo Vista Community Park pursuant to Government Code Section 54945.8. O. Negotiations for Real Property on the 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 a recess was declared. The time was 1:03 a.m. The Council reconvened into Closed Session at 1:08 a.m. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; and Cheryl Kane, City Attorney. The meeting reconvened into Open Session at 1:28 a.m. Mr. Kueny stated that there was no action to report out of Closed Session and only items 14.A.; Government Code Section 54956.9(b)(2) under which it was determined that there was a threat of litigation, after which the City Council stayed in Closed Session under item 14.B.; and 14.G. were discussed. ADJOURNMENT: MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 1:29 a.m. Paul W. L ason Jr., QMayor