Loading...
HomeMy WebLinkAboutMIN 1997 0402 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California April 2, 1997 A Regular Meeting of the City Council of the City of Moorpark was held on April 2, 1997 in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 7 :14 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Rodgers Teasley. 3. ROLL CALL: Present: Councilmembers Evans, Perez, Rodgers Teasley, Wozniak and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Ken Gilbert, Director of Public Works; Cheryl Kane, City Attorney; Mary Lindley, Director of Community Services; Dirk Lovett, Assistant City Engineer; Captain Mike Lewis, Sheriff's Department; Steven Hayes, Economic /Redevelopment Manager; Nelson Miller, Director of Community Development; Don Reynolds, Administrative Services Manager; and Lillian Hare, City Clerk 4. PROCLAMATIONS AND COMMENDATIONS: None. AT THIS POINT in the meeting, a recess was declared to convene the Redevelopment Agency. The time was 7 :15 p.m. The Council reconvened at 7 :33 p.m. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Evans indicated he would recommend that Item 9.E. be referred to committee. He said he would make that recommendation at the time the item comes up on the agenda. 6. PUBLIC COMMENT: Lori Rutter, 11611 Pinedale Road, addressed the Council Minutes of the City Council Moorpark, California Page 2 April 2, 1997 regarding the Fairview owners who were requesting Council support of $5,000 in their fight against Transit Mix. Ed Freeman, 3900 Hunters Grove Court, addressed the Council regarding the retaining walls in the Buttercreek Estates II. He asked the City to take action against RBD and inspect all walls in Mountain Meadows. He requested the City to seek legal action to force RBD to repair the retaining walls. Eloise Brown, 13193 Annette Street, addressed the Council and asked them to reconsider the placement of the historical directional signs on High Street. Arnold Robles, 1210 Crestlake Avenue, Ventura, addressed the Council regarding Mother's Day and long term care patients. He indicated his association with the Long Term Care of Ventura County. He said that holidays are often lonely times for residents of long term care facilities. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Hunter announced upcoming City events. 8. PUBLIC HEARINGS: A. Consider 1997/1998 Community Development Block Grant ( "CDBG ") Public Hearing for the Appropriation of Funds, (estimated to be $199,098). Staff Recommendation: Consider and approve appropriation of funds as recommended by the Budget and Finance Committee. (Continued item) (PUBLIC HEARING IS CLOSED) (ROLL CALL VOTE) Mr. Reynolds gave the staff report. He indicated that his revised report referenced the apparent ineligibility of using CDBG funds for Americans with Disabilities Act (ADA) youth projects. Councilmember Teasley recommended discussing the Adult Literacy Program jointly with the school board at the joint meeting to be scheduled on April 9th. Minutes of the City Council Moorpark, California Page 3 April 2, 1997 MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to appropriate the 1997/98 CDBG appropriation estimated to be $199,098 as follows: Administration City Costs $ 17,000 Fair Housing $ 11600 Public Services Catholic Charities $ 6,200 Senior Nutrition $ 91000 Legal Services $ 2,000 Senior Center Part -Time Staff $ 9,200 Palmer Teen Drug Counseling $ 1,500 Long Term Care Ombudsman $ 1,964 Projects Senior Center Expansion $150,634 The motion carried by unanimous roll call vote. B. Consider a Request from A. Deewayne Jones, for General Plan Amendment 96 -2 from M (Medium Density Residential) to C -2 (General Commercial) on a Four Acre Parcel Located Contiguous wit the Southwest Quadrant of Mission Bell - Phase 2, Assessor's Parcel No. 511 - 140 -13. Staff Recommendation: Approve contingent upon pending receipt of Offer of Dedication of Development Rights in form approved by City Attorney (Continued item) (PUBLIC HEARING IS -CLOSED) Mr. Miller recommended that this item be taken off calendar until the City Attorney could review and approve the Offer of Dedication of Development Rights. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to take this item off calendar. The motion carried by unanimous voice vote. C. Consider Adoption of an Ordinance Extendina Ordinance No. 224, An Interim Zoning Ordinance of the City Council of the City of Moorpark, California, Adopted as an Urgency Measure, Imposing a Moratorium on the Acceptance of Application for New Land Uses for Properties of the South Side of Los Angeles Avenue and East Side of Spring Road East of an Adjacent to the Proposed Downtown Specific Plan. Minutes of the City Council Moorpark, California Page 4 April 2, 1997 Staff Recommendation: 1) Adopt an ordinance extending interim Ordinance No. 224 for four of the six properties, but not include the two parcels eastern most on Los Angeles Avenue (requires a four - fifths vote for adoption); 2) Direct staff to include within the boundaries of the Draft Downtown Specific Plan the sites affected by this ordinance. Mayor Hunter opened the public hearing. David DiJulio, representing Bill Bromley, 420 N. Brand Blvd, Glendale, addressed the Council. He requested that the moratorium not be extended. He indicated that Spring Road should not be included in the downtown specific plan area. He also indicated his belief that the Council had not provided the required reports and that the findings were "too boiler plate, not specific enough." He indicated he did not want to "threaten litigation." Ms. Kane requested that she be allowed to question Mr. Bromley's attorney. _ In response to Ms. Kane, Mr. DiJulio indicated that he said he did not want to threaten litigation, but he could not promise that litigation would not be instituted if the Council went forward to extend the moratorium. Ms. Kane recommended that the Council take no further action on this item in Open Session, but because of threatened litigation a Closed Session would be appropriate. CONSENSUS: By consensus, the Council determined to convene to Closed Session later in the evening. This item was deferred until later in the evening after the Council could meet in Closed Session. D. Consider Formation of the Community Facilities District (CFD) for the Purpose of Constructing Various Public Improvements with an Estimated Cost of $11 Million to be Funded by a "Mello Roos" Bond Issuance Associated with Development of the "Carlsberg" Project" Commercial and Industrial Area as Part of Specific Plan No. 1. Staff Recommendation: Open public hearing, receive testimony, close public hearing and continue this item to April 16, "" 1997. Minutes of the City Council Moorpark, California Page 5 April 2, 1997 9P Mr. Hare gave the staff report. He indicated that staff was recommending that public testimony be taken this evening, the public hearing then closed and continued to April 16, 1997. Ron Tankersley, 2 North Lake Avenue, the Council. He indicated that in project would be under construction.. Pasadena, addressed the near future the MOTION: Councilmember Perez moved and Councilmember Teasley seconded a motion to continue this item to April 16, 1996; the public hearing to remain open. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, a recess was declared. The time was 8 :50 p.m. The Council reconvened at 9:05 p.m. PRESENTATIONS /ACTION /DISCUSSION: A. Consider an Appointment to the Citizens Transportation Advisory Committee /Social Service Transportation Advisory Council (CTAC /SSTAC). NOMINATION: Mayor Hunter nominated and Councilmember Wozniak seconded the nomination of Gerald Squier to the Citizens Transportation Advisory Committee /Social Service Transportation Advisory Council (CTAC /SSTAC) for the unexpired term to end on December 31, 1998. The nomination carried by unanimous voice vote. AT THIS POINT in the meeting, the City Manager left. The time was 9:10 p.m. B. Consider Commercial Planned Development Permit 90 -2 Minor Modification No. 4 for Approval of a Sign Program for Mountain Meadows Plaza (American Stores Properties), Located at the Southwest corner of Tierra Rejada Road and Mountain Trail Street. Staff Recommendation: Direct staff as deemed appropriate. Mr. Miller gave the staff report. Dottie McCollem, 150 Long Beach Blvd, Long Beach, addressed the Council representing the Bank of America. She indicated that the bank would be a full service operation with five to ten employees. She said the'bank would be in addition to the branch on Los Angeles Avenue. She Minutes of the City Council Moorpark, California Page 6 April 2, 1997 indicated the bank would be open seven days a week. She requested that the Council approve their signage. Tim Pitts, 2121 Orange Street, Alhambra, addressed the Council representing American Stores Properties. He requested the Council to approve their signage request. Ron Day, 327 Medea Creek Lane, Agoura, addressed the Council representing American Stores Company. He said Sav- On Drug Stores needed the additional signage being requested. In response to Councilmember Evans, he indicated they would be willing to put some other signage besides "liquor" on the front of the store. Lori Rutter, 11611 Pinedale Road, addressed the Council in opposition to the requested additional signage. CONSENSUS: By consensus, the Council determined to table this item until staff could provide additional information. C. Consider Report on Drafting an Ordinance to Prohibit Skateboarding on School and Related Properties. Staff Recommendation: It is the Police Department's recommendation to the Council that there exists insufficient documented complaints to warrant the creation of a City Ordinance to specifically regulate this activity. It is the Police Department's desire to continue to handle these calls on a case by case basis and seek the voluntary cooperation of the disturbing party. Arrest (cite and release in the field) under authority of Penal Code Section 602 will be used for individuals not complying with the Deputy's lawful request to leave the location. Mr. Kueny returned to the meeting at 9:38 p.m. Captain Lewis gave the staff report. He indicated that he received a letter of authorization from the School District regarding enforcement on school property. David Lorenzen, 13507 Candlewood Court, addressed the Council and indicated his support of Captain Lewis's recommendation now that the School District had authorized enforcement on their property. 1111. Minutes of the City Council Moorpark, California Page 7 April 2, 1997 MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to approve the staff recommendation, recognizing the School District's authorization for the Sheriff's department to enforce Penal Code 602. The motion carried by unanimous voice vote. Mr. Kueny indicated that the Parks and Recreation Commission will be requested to address this item relative to City parks. At this point, Mr. Kueny left the meeting. AT THIS POINT in the meeting, the Council resumed consideration of Item 9.B. B. Consider Commercial Planned Development Permit 90 -2 Minor Modification No. 4 for Approval of a Sign Program for Mountain Meadows Plaza (American Stores Properties), Located at the Southwest corner of Tierra Rejada Road and Mountain Trail Street. Staff Recommendation: Direct staff as deemed appropriate. Councilmember Wozniak indicated he felt the Bank of America signage was appropriate, but could not support any other additional signage because this is a neighborhood shopping center. Councilmember Evans indicated his concurrence with Councilmember Wozniak. Mayor Hunter said that the neighborhood did not want a regional center and did not want additional signage. Ron Day again addressed the Council and said he proposed "photo" to replace the "liquor" sign on the store. MOTION: Councilmember Wozniak moved and Mayor Hunter seconded a motion to approve the new signage proposed for the Bank of America as reported in the staff report and to reconfirm the approved signs for Lucky and Sav -On and disallow all other sign variations. The motion carried by roll call vote 3 -2, Councilmembers Perez and Teasley dissenting. Minutes of the City Council Moorpark, California Page 8 April 2, 1997 D. Consider Retaining Walls in Buttercreek Estates II. Staff Recommendation: Direct staff as deemed appropriate. Mr. Miller indicated that there was no staff report prepared for this item; that it was on the agenda at the request of the Buttercreek Estates II HOA. The Mayor requested that the following information be provided to the Council: 1. Confirmation of Martin Seeton as the President of the HOA. 2. An opinion from the City Attorney as to the City's liability. 3. An identification of the wall under discussion. 4. A brief history of relevant inspections and their relationship to liability. CONSENSUS: By consensus, the Council determined to direct staff to work with RBD and Buttercreek II HOA to assist them in obtaining a resolution of the matter. AT THIS POINT, Mr. Kueny rejoined the meeting. E. Consider Request from Cabrillo Economic Development Corporation (CEDC) for 1) City Funding of a Portion of the Campesina Park Construction Costs; and, 2) City Acceptance of Said Park for Ownership and Maintenance Upon Completion of Construction. Staff Recommendation: that the City Council deny the request and request that the CEDC proceed with the construction of the park improvements in a manner consistent with the program outlined in Section H of the staff report. CONSENSUS: By consensus, the Council determined to refer this matter back to the Public Works /Facilities and Solid Waste Committee. F. Consider Draft Comments on Mitigated Negative Declaration and Initial Study for M- Maintenance Construction Clean -up, Inc., County of Ventura Conditional use Permit (CUP) No. 4970. Staff Recommendation: Direct staff to prepare a letter to the county, which expresses City opposition to the M- Maintenance Construction Clean -up Project and addresses City Council and staff comments on the Mitigated Negative Declaration and Initial Study. U(M70 Minutes of the City Council Moorpark, California Page 9 April 2, 1997 Mr. Miller gave the staff report. He read a letter from Aurora Associates, signed by Joseph Reisdorf, regarding County of Ventura CUP -4970 as follows: 1. Noise and Vibration The noise analysis for the project was conducted by Morris Engineering Company. It was determined that the peak hour project traffic would increase the existing noise levels along the route to the project site by 0.0 to 0.3 db. Noise level from the cumulative, Year 2000 traffic would be increased by 0.0 to 0.2 db with the addition of the project traffic. It is a generally accepted fact that increases in noise levels of less than 3.0 db are not perceptible by humans. Please also note that the number and size of the trucks associated with the M- Maintenance project are considerably smaller than those for the Transit Mixed Concrete. 2. We have asked Pen -Build and Smith to contact your department to obtain the most recent traffic count and traffic model information. 3. Please note that for the purposes of the traffic study, it was assumed that all project traffic would be SR -23 between Highway 118 and Shekell Road. An additional analysis was conducted assuming that 10 percent of the project traffic would use Broadway to the west end of Shekell Road. However, as you noted in your report, this alternate route would not be used. CONSENSUS: By consensus, the Council determined to send a letter to the County which expresses City opposition to the M- Maintenance Construction Cleanup project and requests the County to take some responsibility for traffic through the City of Moorpark and to offer some solutions relative to this situation. MOTION: Councilmember Teasley moved and Councilmember Evans seconded a motion to discuss with the School District at the Joint Meeting, District support of the City's letter or possibly a letter of their own to be sent to the County. The motion carried by unanimous voice vote. Q(XA72: Minutes of the City Council Moorpark, California Page 10 April 2, 1997 AT THIS POINT in the meeting, the City Council considered reordering the agenda and determined to take item 9.L. and 9.M. concurrently. G. Consider Ador>tion of a Public Nuisance Ordinance Relative to Unsanitary Urination and Defecation. Staff Recommendation: That the City Council adopt Ordinance No. 227 for first reading, prohibiting public urination and defecation. Captain Lewis gave the staff report. The City Attorney read the ordinance title. MOTION: Councilmember Wozniak 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 Wozniak moved and Councilmember Perez seconded a motion to declare Ordinance No. 227 introduced for first reading. The motion carried by unanimous voice vote. H. Consider Authorization to Recover Police Costs for the Towing of Vehicles Pursuant to Vehicle Code Section 14602.6. Staff Recommendation: That the City Council 1) Adopt the ordinance that would permit the Moorpark Police Department to recover the costs incurred in enforcing certain California Vehicle Code violations; 2) Establish the administrative fee at $75.00 based upon an average of the actual costs for staff time incurred when towing a vehicle per resolution contained in the staff report. Captain Lewis gave the staff report. City Attorney read the ordinance title. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to read the ordinance title only and waive further reading. The motion carried by unanimous voice vote. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to declare Ordinance No. 228 introduced for first reading. The motion carried by unanimous voice vote. MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to adopt Resolution No. 97 -1298. The motion -- carried by unanimous voice vote. 1111 Minutes of the City Council Moorpark, California Page 11 April 2, 1997 -- I. Consider Allowable Uses in Zoning Ordinance. Staff Recommendation: Direct staff as deemed appropriate. MOTION: Mayor Hunter moved and Councilmember Evans seconded a motion to direct staff to prepare a resolution for the next meeting to direct the Planning Commission to study allowable uses in the Zoning Ordinance for each zone. The motion carried by unanimous voice vote. J. Consider Moratorium on Certain properties Within the Downtown Specific Plan Area. Staff Recommendation: Direct staff as deemed appropriate. This item was deferred until after the Closed Session. K. Consider Agenda Items for April 9 Joint Meeting with Moorpark Unified School Board. Staff Recommendation: Direct staff as deemed appropriate. CONSENSUS: By consensus, the Council directed the following items to be considered for placement on the Joint Meeting with the Board of Education: School Funding Legislation Crossing Guards Highway 23 Truck Traffic Circulation /Parking Around Schools. L. Consider Resolution No. 97 -1296 Approving the Engineer's Report for Assessment district AD84 -2 (Lighting and Landscape Maintenance) for FY 1997/98 and the Scheduling of a Public Meeting and a Public Hearing to Consider Changes to and the Orderinq of the Annual Assessments for Said Assessment District. Staff Recommendation: That the City Council adopt Resolution No. 97 -1296 a) approving the Engineer's Report for Assessment District AD84 -2; b) declaring intention to make certain changes to and ordering the annual assessments for said assessment district for FY 1997/98; and, c) setting the dates and times of a public meeting and a public hearing to consider said assessments. f 111 Minutes of the City Council Moorpark, California Page 12 April 2, 1997 M. Consider Resolution No. 97 -1297 Approving the Engineer's Report for Assessment District AD85 -1 (Parks Maintenance) for FY 1997/98 and the Scheduling of a Public Meeting and a Public Hearing to Consider Certain Changes to and the Ordering of the Annual Assessments for Said District. Staff Recommendation: That the City Council adopt Resolution No. 97 -1297 a) approving the Engineer's Report for Assessment District AD85 -1; b) declaring intention to make certain changes to and ordering the annual assessments for said assessment district for FY 1997/98; and, c) setting the dates and times of a public meeting and a public hearing to consider said assessments. Mr. Gilbert gave the staff report. He indicated that AD84- 2 needed to be amended to show the assessment for Zone 4 as $41.40 for single family. He indicated the Resolution and Notice would be changed to reflect that number. Eloise Brown, 13193 Annette Street, indicated her opposition to an increase this year saying it was against the spirit of Proposition 218. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to adopt Resolution No. 97 -1296 approving the Engineer's Report for Assessment District AD84 -2 and declaring the intention to make certain changes to and ordering the annual assessments for said Assessment District for annual fiscal year 1997/98 and to set the dates and times of a public meeting and a public hearing to consider said assessments. The motion carried by unanimous voice vote. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to adopt Resolution No. 97 -1297 approving the Engineer's Report for Assessment District AD85 -1 and declaring the intention to make certain changes to and ordering the annual assessments for said Assessment District for fiscal year 1997/98 and to set the dates and times of a public meeting and a public hearing to consider said assessments. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 13 April 2, 1997 N. Consider Resolution No. 97 -1299 Relative to a Budget Amendment to Appropriate Funds for a Residential Appraisal to Determine Conflict of Interest Relative to the Political Reform Act Regarding Specific Plan No. 2. Staff Recommendation: Adopt Resolution No. 97 -1299 appropriating $1,250 from General Fund Reserves to 100.100.0000.000.9116 for a residential appraisal and refer drafting of a conflict of interest appraisal policy to a City Council Ad Hoc Committee. Councilmember Wozniak left the meeting. Ms. Hare deferred the staff report. MOTION: Councilmember Perez moved and Council member Evans seconded a motion to adopt Resolution No. 97 -1299 appropriating $1,250 from the General Fund Reserves for a residential appraisal and to refer drafting of a conflicts of interest appraisal policy to the Ad Hoc Rules of Procedure Council Committee. The motion carried by roll call vote 4 -0, Council member Wozniak absent for the vote. Council member Wozniak rejoined the meeting. 0. Consider Financial and Legal Issues Pertain Moorpark Mosquito Recommendation: Direct Abatement District. staff s deemed appropriate. to the Staff Mr. Hare reported on the April 1 Moorpark Mosquito Abatement District meeting. Eloise Brown, 13193 Annette Street, addressed the Council and indicated that not only should the principal belong to the taxpayers, but the interest also. She requested that the Council move forward in supporting the dissolution of the District. CONSENSUS: By consensus, the Council determined to direct staff to provide the following information: 1. Options available to the City with respect to dissolution of the District. 2. Option available regarding what can be done with the reserve funds. OOOQ7 a Minutes of the City Council Moorpark, California Page 14 April 2, 1997 3. Opinion or information relative to the enforceability of any agreement by the District giving up a portion of the assessment. 4. What economy would accrue if the City assumed the District. 10. CONSENT CALENDAR: MOTION: Council member Wozniak moved and Council member Perez seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of the Special City Council Meeting of February 19, 1997. Consider Approval of Minutes of the Special City Council Meeting of March 5, 1997. Staff Recommendation: Approve the minutes as processed. B. Consider Approval of Warrant Register. Manual Warrants 32997,33134 -33143 $ 24,429.03 Voided Warrants 32952 & 33138 $ (3,763.53) Regular Warrants 33144 - 33216, 33217 -33242 $150,419.48 Staff Recommendation: Approve the Warrant Register. C. Consider Resolution No. 97 -1300 Approving an Amendment to the FY 1996/97 Budget to Fund Actual Anticipated Design Costs for the Reconstruction of the Spring Road Bridge and to Appropriate Fluids to Account NO. 211.900.8017.99r3 (Spring Road Tierra Rejada Road Area of Contrb uton) . Staff Recommendation: Adopt Resolution No. 97 -1300 approving a budget amendment to revise the appropriation and budget amount for current year anticipated design costs for the reconstruction of the Spring Road Bridge, by increasing said amount from $50,000 to $80,000 ($30,000 increase) and changing the funding source to the Spring Road /Tierra Rejada Road Area of Contribution Fund (Account No. 211.900.8017.000.9903). Minutes of the City Council Moorpark, California Page 15 April 2, 1997 a E. Consider Resolution No. 97 -1301 Approving Budget Amendments for Certain Public Works Programs and for the Acquisition of Certain Equipment to be Funded by the Gas Tax Fund. Staff Recommendation: Adopt Resolution No. 97- 1301 approving an appropriation from the Gas Tax Fund in the amount of $9,000, and a like amendment to the FY 1996/97 budget, for certain Public works programs and equipment, as defined and described in the staff report. Consider Resolution Parking Restrictions__ Adopt Resolution No. restrictions on Park _No. 97 -1302 Establishing Certain on Park Lane. Staff Recommendation: 17 -1302 establishing certain parking Lane south of Los Angeles Avenue. F. Consider the Status of the Chamber of Commerce Circus Event to be Held May 27 and May 28, 1997. Staff Recommendation: Receive and file the report. G. Consider Notice of Completion for 1995 Overlay Project. Staff Recommendation: 1) Accept the work as complete; 2) Instruct the City Clerk to file a Notice of Completion for the project; and, 3) Authorize the release of the retention upon satisfactory clearance of the thirty five (35) day lien period. 11. ORDINANCES: A. Consider Second Reading of Ordinance 226 - An Ordinance of the City Council of the City of Moorpark, California, Approving Zone Change No. 96 -1, Changing the Zoning on a Four Acre Parcel Located Contiguous with the Southwest Quadrant of Mission Bell -Phase 2 (Assessor's Parcel No. 511 - 140 -13) from R -1 -8 (Sin le Family Residential 8 000 Square Foot Minimua) to CPD (_cgwercial Plane Deve ogwent on the Application of A. Deewayne Jones, D.D.S. Staff Recommendation: Approve second reading of Ordinance No. 226, pending receipt of Offer of Dedication of Development rights in form approved by City Attorney. CONSENSUS: By consensus, the Council determined to continue this item. 12. CLOSED SESSION: The City Attorney announced that one case under item 12.A. on the agenda was to be discussed in Closed Session. The City L 71"MU Minutes of the City Council Moorpark, California Page 16 April 2, 1997 Attorney announced that the facts and circumstances creating significant exposure to litigation, with facts and circumstances unknown to potential plaintiff consists of statements made earlier in this meeting by Attorney R. David DiJulio relative to the legality of extending moratorium Ordinance No. 224. MOTION: Council member Perez moved and Council member Evans seconded a motion to adjourn to Closed Session for a discussion of Item 12.A: A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) to Section 54956.9 of the Government Code: (Number of cases to be discussed - 2) The motion carried by unanimous voice vote. AT THIS POINT in the meeting, a recess was declared. The time was 11:25 p.m. The Council reconvened into Closed Session at 11:30 p.m. Present in Closed Session were all Councilmembers, Steven Kueny, '—" City Manager; Richard Hare, Deputy City Manager; and Cheryl Kane, City Attorney. The Council reconvened into Open Session at 1:05 a.m. AT THIS POINT in the meeting, the Council resumed consideration of Item 8.C. C. Consider Adoption of an Ordinance Extendinq Ordinance No. 224, An Interim Zoning Ordinance of the City Council of the City of Moorpark, California, Adopted as an Urgency Measure, Imposing a Moratorium on the Acceptance of Application for New Land Uses for Properties of the South Side of Los Angeles Avenue and East Side of Spring Road East of an Adjacent to the Proposed Downtown Specific Plan. Staff Recommendation: 1) Adopt an ordinance extending interim Ordinance No. 224 for four of the six properties, but not include the two parcels eastern most on Los Angeles Avenue (requires a four - fifths vote for adoption); 2) Direct staff to include within the boundaries of the Draft Downtown Specific Plan the sites affected by this ordinance. rkl � v Minutes of the City Council Moorpark, California Page 1" April 2, 1997 Councilmember Evans said that the development or redevelopment of said parcels in a manner inconsistent with the Downtown Specific Plan will jeopardize the economic viability of the downtown area and a downtown that is not economically viable will have a detrimental effect on the ability of the City to finance governmental services. He also indicated that the extension of the ordinance would be limited to 120 days. The City Attorney read the ordinance in its entirety. MOTION: Council member Evans moved and Councilmember Wozniak seconded a motion to adopt Ordinance 229 as read. The motion carried by voice vote 4 -1, Councilmember Teasley dissenting. J. Consider Moratorium on Certain properties Within the Downtown Specific Plan Area. Staff Recommendation: Direct staff as deemed appropriate. Mr. Kueny indicated that there was no need to take action regarding this item as it had been determined by staff that all the industrial property that is vacant is owned by the Redevelopment Agency. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to table this item. The motion carried by unanimous voice vote. 13. ADJOURNMENT: Mayor Hunter adjourned the meeting at 1:20Aa /m. rick Ht�if-6r, Mayor ATTEST: