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HomeMy WebLinkAboutMIN 1989 0315 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California March 15, 1989 A Regular Meeting of the City Council of the City of Moorpark, California was held on March 15, 1989 in the Council Chambers of City Hall of said City, located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER The meeting was called to order at the hour of 7:20 p.m. by Mayor Eloise Brown. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Montgomery. 3. ROLL CALL Present: Councilmembers Clint Harper, Paul Lawrason, Scott Montgomery, Bernardo Perez and Mayor Eloise Brown Steven Kueny, City Manager; Cheryl Kane, City Attorney; Patrick Richards, Director of Community Development; Don Reynolds, Associate Planner; Phil Newhouse, Director of Community Services; Richard Hare, Deputy City Manager; Susan Cauldwell, Administrative Assistant; John Knipe, Assistant City Engineer; Lt. Richard Rodriguez, Sheriff's Department; and Sally Coons, Secretary. 4. PROCLAMATIONS COMMENDATIONS, AND SPECIAL PRES_ENTATIUNS 4.A. Presentation on Happy Camp Regional Park by Ranger Tim Hagle and Jim Hartley. Jim Hartley addressed the Council regarding the status of Happy Camp Park, advising that the County is currently negotiating with QUOR regarding the long term use of the Park. Recently, the Mountains Recreation and Conservation Authority has made an offer to the County to open the park as soon as possible. Mr. Hartley requested that the Council support this offer to the County Board of Supervisors. Ranger Tim [lag 1e (Mountains Recreation and Conservation Authority) addressed the Council in more detail regarding the Authority's plans for Happy Camp Park, stating that it would be opened for passive use and be funded by the State. Minutes of the City Council Moorpark, California Page 2 March 15, 1989 Councilmember Harper suggested that the Council direct Staff to draft a resolution supporting the opening of Happy Camp Park by the Mountains Recreation and Conservation Authority. 5. REORDERING OF AND ADDITIONS TO THE AGENDA City Manager Kueny requested continuation of Agenda Item 11.F. (Consider a proposed Resolution for CUP 88 -2 (Cabot, Cabot & Forbes) to approve the construction of a 23,040 square foot two story office building located at 323 Science Drive) to the first meeting in April. Councilmember Montgomery requested the item be continued to the second meeting in April due to his planned absence on April 5. City Manager Kueny advised that if the applicant agrees, it will be placed on the Agenda for April 19th, otherwise it will be placed on the April 5th Agenda as previously agreed to by City Staff and the applicant. City Manager Kueny requested the Council add two items for Closed Session as matters of urgency having arisen since the posting of the agenda concerning the Tierra Rejada Road widening project: 1) Acquisition of right -of -way on north side of Tierra Rejada Road, east of Spring (Carlsberg); and 2) Acquisition of right -of -way on south side of Tierra Rejada Road, east of Spring (Watt). MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to continue item 11.F. to either April 5 or April 19; and to add to the Closed Session, as matters of urgency having arisen since the posting of the agenda, the following items: 14.J. Acquisition of right -of -way on the north side of Tierra Rejada Road, east of Spring (Carlsberg); and 14.K. Acquisition of right -of -way on the south side of Tierra Rejada Road, east of Spring (Watt). The voice vote was unanimous. 6. PUBLIC COMMENTS 6.A. Violet Henry (2220 Ventura Blvd., Camarillo) Assistant Director of the Ventura County Senior Nutrition Program, addressed the Council concerning Agenda Item 11.J. She requested the Council consider providing staff, or funding to hire staff, so the Senior Nutrition Program can be continued in Moorpark for the balance of fiscal year 1988 -89. 6.B. Susan Weintraub (1800 Avenue of the Stars, Suite 1400, Los Angeles) representing Topa Management Company addressed the Council concerning Agenda Item 11.D. She advised that the Gateway Plaza Project is projected for completion in approximately six months. One of the tenants desires to sell on -site beer and wine. She requested that since the issue was not previously addressed in any City conditions or requirements, that the request be considered a Minor Modification. Minutes of the City Council Moorpark, California Page 3 March 15, 1989 6.C. Robert Wilson (4048 Corte Cima, Thousand Oaks) owner of Numero Uno Restaurant in Simi Valley, addressed the Council regarding Agenda Item 11.D., advising that he is the applicant for tenancy in the Gateway Plaza Project. He advised that he plans to open a restaurant similar to his establishment in Simi Valley which is a family restaurant, serving only beer and wine, without a standing bar. He requested the liquor license be considered a Minor Modification. 6.0. Frank Jansen (6149 Edinburgh, Agoura) representing the Embassy Group, addressed the Council concerning Agenda Item 11.E. He advised that the time delay is summarized, in writing, for the Council's information, and that he would appreciate speaking to the item when it is discussed by the Council. CONSENSUS: By consensus of the Council, it was determined to allow the representatives of the Embassy Group to address the Council under Agenda Item 11.E. 6.E. Anna Bell Sessler (6061 Gabbert Road, Moorpark) addressed the Council regarding Agenda Item 11.J., supporting the Senior Nutrition Program. 6.F. Olivia Villa (277 Roberts, Moorpark) addressed the Council as a concerned parent, particularly in relation to recent news articles regarding the purported involvement of her children in drug use and harrassment. She advised that she felt very strongly that this is a matter of responsibility lying with the parents, and should not be subjected to public attention or scrutiny. 6.G. Ken Shishido (800 S. Figueroa St., Los Angeles) advised that he will comment under Agenda Item 11.E. 6.H. Michael Flynn (515 S. Figueroa St., Los Angeles) advised that he will comment under Agenda Item 11.E. 7. COMMITTEE REPORTS Councilmember Lawrason advised that he and Councilmember Harper met to review bids for upgrading of the Community Center, including air conditioning, acoustics, sound system, etc. The Committee's recommendation will be presented to the Council for action in the future. Councilmember Harper added that the upgrading of the Community Center will include wall coverings, dropped ceiling, video and sound system, small stage room and control booth. He advised that the project will cost approximately $200,000. Councilmember Perez questioned the possibility of participation in this project by the Moorpark Community College. In response to Councilmember Perez, City Manager Kueny advised that a meeting date has not been scheduled with Griffin Homes concerning their request Minutes of the City Council Moorpark, California Page 4 March 15, 1989 about Building Permit allocations. Councilmember Perez advised that he attended the March 14th meeting of the Moorpark Unified School District Board. Mayor Brown advised that she recently attended a meeting of the Southern California Water Committee, and advocated membership in this group. She further advised that she attended a meeting of the Waterworks District No. 1 where it was reported that the pump station on Tierra Rejada Road will go into operation on March 20th. Additionally, she recommended to the Waterworks District No. 1 Board that the placement of the Tierra Rejada Reservoir be reconsidered for the 940 foot level. Mayor Brown advised that she attended the Fire District's graduation ceremony, and recommended that the Councilmembers attend the graduation in August, which will include the firemen to be located at the new station in Moorpark. Councilmember Lawrason advised that he attended a meeting of the East County Wasteshed Task Force, which is dedicated to locating a new landfill site. 8. CONSENT CALENDAR MOTION: Upon motion by Councilmember Harper, seconded by Councilmember Perez, the following items were approved by a unanimous roll call vote: A. 1. Consider approval of minutes for_t_he Special City Council Meeting of Februar_y_-22,__1989. Staff recommended the minutes be approved as `presented. B. Approval of Warrant Register 1988/89 - Prepaid Warrants Nos. 8315, 8389 -8406 $ 7,606.87 - Payable Warrants Nos. 8410• -8449 $131,480.76 D. Consider status of the__pedestrian and _ bike bridge cost estimates. Staff recommended the report be received and filed. E. Consider right -of -way_ (ROW _coordination for the Moorpark Avenue Traffic Signals. Staff recommended the Council concur to have Cal Trans acquire ROW for High Street and City for Poindexter /First Street. G. Consider purchase _ of storage bin_ Staff recommended authorizing purchase of one (1) 40' storage bin from Account 01- 1147 -906. H. Consider commercial vehicle enforcement. Staff recommended this report be received and filed. M. Consider formation of Disaster Council. Staff recommended that the Council designate eleven member Disaster Council and direct City Manager to publicize for potential members. Minutes of the City Council Moorpark, California Page 5 March 15, 1989 N. Consider Bonnie View Title Search. Staff recommended the Council authorize an additional $2,000 from currently budgeted gas tax funds for Title Search and Survey. 0. Consider proposed Resolution No. 89 -541_ ad*usting salary ranges for Facilities Coordinator and Director of Community Services classifications. Staff recommended adoption of the Resolution. Q. Consider authorization for Police Department Training. Staff recommended the Council approve using existing budgeted funds for traffic and gang related training. R. Consider additional transfer of funds for approved equipment purchase. Staff recommended that the previously authorized fund transfer for lap top computer be amended and direct that funds not to exceed $650 be transferred from account 1121 -641 to 1121 - 907 -002. U. Consider agreement to construct _improvements and approval of the final map for Tract 4340 -5 and 6 (Urban West). Staff recommended approval of the final map and authorization to sign the agreement. V. Consider agreement to construct __im provements and approval of the final map for _Tract _4342 -5 and 6 (Urban West). Staff recommended approval of the final map and authorize signing of agreement. The following items were pulled for individual consideration by the Council: A.2. Consider approval of minutes for the Regular City Council Meeting of March 1,_1989. Staff recommended the minutes be approved as presented. Councilmember Harper made the following amendments: 1) red curb was to be considered on Campus Park Drive, between College View and Delfen; 2) that reference to the Arts Commission be corrected to read Arts Committee. Councilmember Montgomery made the following amendments: 1) motion on the Renaissance Faire was seconded by Councilmember Harper; 2) the motion amendment on the Renaissance Faire was made by Councilmember Harper and seconded by Councilmember Montgomery; 3) the first motion under the Comprehensive Planning Ordinance clarified to read that the base capacity shall be incremented by the initial land use designation within the City's General Plan concerning extra - territorial land; 4) the second motion to include no "further" amendments; 5) the third motion, delete "population "; and 6) future agenda items to include extension of PD 1062 and 1063 for the March 15, 1989 Agenda. Minutes of the City Council Moorpark, California Page 6 March 15, 1989 MOTION: Councilmember Montgomery moved and Councilmember Lawrason seconded a motion to approve the minutes, as amended. The voice vote was unanimous. 8.C. Consider_ school crosswalk at SR 23 (_Moorpark Avenue ) at Wicks Road. Staff recommended that the Council concur with the Moorpark Unified School District to request Cal Trans to remove crosswalk as part of overlay project. In response to Councilmember Perez, Assistant City Engineer John Knipe advised that they are working with Cal Trans to include the crosswalk at Second Street and Moorpark Avenue in the overlay project. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to direct the City Engineer to request Cal Trans to process a contract change order to have the Wicks Road crosswalk pavement markings and advance signage removed as part of the Route 23 Overlay Project. The voice vote was unanimous. 8.F. Consider_ East County Wasteshed Task Force Landfill Siting Study. Staff recommended the Council appropriate $3,750 from the General Fund Reserve and authorize the City Manager to enter into agreement for this purpose. In response to questioning by Mayor Brown, Councilmember Lawrason advised that the Task Force will use existing studies to aid in their search for landfill sites. MOTION: Mayor Brown moved and Councilmember Perez seconded a motion to appropriate $3,750 from the General Fund Reserve for Moorpark's share of an engineering study to identify potential landfill sites; and to authorize the City Manager to enter into an agreement to pursue the study at a cost not to exceed $3,750 without additional approval by the City Council, with said agreement to be approved by the City Attorney. The motion carried by a unanimous roll call vote. 8.I. Consider adoption __of _Resolution No. 89 -542 a proposed resolution to state the _City of Moorpark's intentions to require all future develokment _to__ rp °vide meandering public sidewalks along state highways_ within the City_ Staff recommended adoption of the Resolution. In response to Councilmember Montgomery, Director of Community Development Pat Richards advised that Cal Trans has been rejecting plans submitted with meandering sidewalks. By adoption of the proposed Resolution, the City will be able to secure the necessary permits from Cal Trans for the meandering sidewalks which will be maintained through an agreement between the City and adjacent property owners. Councilmember Montgomery expressed some concern with regard to the requirement for meandering sidewalks in commercial Minutes of the City Council Moorpark, California Page 7 March 15, 1989 developments which may not have adequate frontage to support such a requirement. In response to Councilmember Lawrason, City Attorney Cheryl Kane advised that if the City were to grant an exception to the requirement for meandering sidewalks (for which the City is responsible), Cal Trans would inherit only the responsibility to which it would have been obligated to in the first place. Therefore, the City could make exceptions to the requirement for meandering sidewalks if it so desired. MOTION: Councilmember Perez moved and Councilmember Lawrason seconded a motion to adopt Resolution No. 89 -542. The motion carried, with Mayor Brown dissenting. J. Consider exoneration of Monument Bonds for Tract 3998 Phases 1 - ti 4 (Urban West Communies Staff recommended exoneration of Monument Bonds be authorized. K. Consider exoneration of Tract 4001 Phases 1 -3 recommended exoneration of authorized. nent and Encroachment Bonds for )an West Communities). Staff nument and Encroachment Bonds be L. Consider exoneration of Model Home bonds for Tract 3274 (Urban West Communities). Staff recommended exoneration of Model Home Bonds be authorized. In response to Councilmember Harper, Assistant City Engineer John Knipe advised that the bonds being submitted for exoneration are not public improvement bonds, and that "monument" bonds are for the survey monuments. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to authorize the City Clerk to exonerate the bonds itemized in the Staff Report on Agenda Items 8.J., 8.K. and 8.L. The voice vote was unanimous. P. Consider selection of _streets for asphaltic concrete overlay program for 1988/89. Staff recommended the Council concur with streets recommended by Staff and authorize bid preparation to include work anticipated for 1989/90. Councilmember Perez requested that the overlay of First Street be raised in priority, above Campus Park Drive. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to include an estimated $75,000 of overlay work from 1989/90 in the design phase of the overlay project; and to approve the prioritization of streets as outlined in the Staff report, with the exception that First Street become Priority "D ", and Campus Park Drive become Priority "E ". The voice vote was unanimous. Minutes of the City Council Moorpark, California Page 8 March 15, 1989 S. Consider Carlsberg Specific Plan cost estimates. Staff recommended the Council concur with cost estimates prepared by Staff. In response to Councilmember Montgomery, City Manager Kueny advised that thirty hours is the estimated time required of the City Attorney to review the PBR Contract and the City's contract with the applicant. Mr. Kueny advised that this is only a deposit amount, and an increased deposit will be required if additional time is required from the City Attorney. MOTION: Councilmember Montgomery moved and Councilmember Lawrason seconded a motion to accept Staff's estimate regarding the amount of time and monies needing deposit over and above the consultant costs ($274,405); and that the report be received and filed. The voice vote was unanimous. T. Consider Resolution No._ 89- extending Ventura County Cablevision (VCC) franchise to July_ 6, 1989. Staff recommended adoption of the Resolution. In response to Councilmember Harper, City Manager Kueny advised that under the terms of the Agreement with Ventura County Cablevision, live broadcasts of Council meetings will begin July 1, 1989. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to direct the Sub - Committee and Staff to condition the extension by requiring the Franchisee to negotiate a side agreement with the City for immediate design and installation of necessary cameras and associated equipment in the Community Center facility. City Manager Kueny suggested a temporary extension since this franchise has already expired, and direct the Ad Hoc Committee to meet with Ventura County Cablevision (VCC) between now and the second meeting in April (April 19, 1989) to discuss this proposal. In the past, VCC has expressed willingness to work with the City on the sound and lighting system, and it has been equally Staff's inability to address the project. MOTION AMENDMENT: Councilmember reflect the recommendation of the unanimous. 9. PUBLIC HEARINGS Harper amended his motion to City Manager. The voice vote was A. Discussion of proposals for the Community Development Block Grant Program CDBG) 198999-90 funding cycle for__use of $178,290 in available funds. Staff recommended the Council review proposals as submitted to the City and direct Staff as deemed appropriate. Councilmember Perez absented the dais during the discussion and action on this item. Minutes of the City Council Moorpark, California Page 9 March 15, 1989 Director of Community Development Pat Richards advised that CDBG Funds can be used for eligible activities ranging from public improvements to social services, and must address one of the three national objectives of the program: 1) a minimum of 60% of the funds must address the needs of low and moderate income people; 2) eliminate or prevent slums and blighted conditions; and 3) to meet needs which are particularly urgent because existing conditions pose a serious or immediate threat to the health and welfare of the community. Associate Planner Don Reynolds reviewed the proposals received to date, as well as Staff recommendations for allocation of funds. Mayor Brown opened the public hearing. 9.A.1. Rodney Fernandez (11011 Azahar Street, Saticoy) Executive Director of Cabrillo Economic Development Corporation (CEDC), addressed the Council concerning CEDC's request for $200,000 to establish an affordable housing revolving loan fund for the purchase of land. The CEDC would match the CDBG funds with their own $200,000. Additionally, he requested that the Council go on record as supporting FY 1990/91 CDBG funding to continue project management operating support for a second project. 9.A.2. Teresa Cortes (1095 Walnut Canyon Road, Moorpark) addressed the Council in support of the Cabrillo Villa Campesina affordable housing project. She further suggested the Council consider applying CDBG funds to senior projects, single - parent family rentals, and purchase of land for affordable housing. 9.A.3. Jim Hartley (5950 Gabbert Road, Moorpark) representing the Moorpark Rotary Club, addressed the Council regarding the Rotary Club's project to implement a life -line system in Moorpark. He advised that it is Rotary's intent to fund and maintain the program, however requested the Council to consider allocating CDBG funds to get the project started. Wayne Templeton (Simi Valley Life Line Program) addressed the Council, explaining the program and demonstrating the equipment currently being used in Simi Valley. 9.A.4. Violet Henry (2220 Ventura Blvd., Camarillo) Assistant Director of the Ventura County Senior Nutrition Program, addressed the Council requesting CDBG funds to support the Nutrition Program. She advised that if the program could be relocated to the Senior Center, she would expect the participation to increase from the current 12 -18 meals per day, to approximately 30. Catholic Charities has been running the entire program, however it Minutes of the City Council Moorpark, California Page 10 March 15, 1989 was their preference that when the Senior Center was completed, they would no longer be involved in the program. The County's position is that they will fund the program, if the City will fund the staff person, which is $10,000 per year. 9.A.5. Dominick Lee (600 N. Spring Road, #92, Moorpark) Executive Director of the Moorpark Boys and Girls Club, addressed the Council requesting funds to support a Vocational Exploration Program. The Program is aimed at youths aged 14 and older and will include education /interview, career exploration, and job placement. There being no further persons desiring to address the issue, Mayor Brown declared the public hearing closed. Considerable discussion ensued regarding allocation of the 1989 -90 CDBG Funds of $178,290, to various public improvements, social services and affordable housing programs. MOTION: Motion was made by Councilmember Harper, seconded by Mayor Brown to allocate the 1989 -90 CDBG Funds of $178,290 as follows: Administration, $19,810; Senior Center, $20,000; Life Line, $5,480; Boys and Girls Club Vocational Exploration Program, $6,000 (contingent upon their producing a viable, acceptable detail of the program and such is subsequently approved by the Council); Senior Nutrition Program, $10,000. The balance of $117,000 is to be allocated to affordable housing (25% of which is to be used for the purchase of land for affordable housing); a target of three equity share loans to assist lower income families; and home rehabilitation program. The voice vote was unanimous. Note: Councilmember Perez returned to the dais. 10. COMMENTS FROM COUNCILMEMBERS Councilmember Montgomery congratulated Councilmember Perez on his recent appointment by SCAG to the Transportation and Communications Committee. Councilmember Montgomery advised that he will be absent from the April 5, 1989 meeting. Councilmember Harper requested that Staff review AB 628, local land use initiative, and agendize for Council consideration. Councilmember Perez requested that Staff contact the Flood Control District regarding their lack of "No Trespassing" signs along their channels; as well as the height of the chainlink fence. Councilmember Perez requested that Lt. Rodriguez review the Simi Valley ordinance concerning guilt by association; and that Lt. Rodriguez compile a report outlining the City's coverage during shift changes. Councilmember Perez further requested that Staff Minutes of the City Council Moorpark, California Page 11 March 15, 1989 report, when adequate data is collected as a result of the signalization of Tierra Rejada Road, on the pedestrian crosswalks at Pheasant Run and Harvester. Mayor Brown requested that Staff consider the installation of a stop sign on Campus Park Drive at Marquette. In response to Mayor Brown, Deputy City Manager Hare advised that the Flood Control District is proceeding with determining locations for the installation of flow devices in the Arroyo Simi. At the hour of 11:10 p.m., Mayor Brown called a 15 minute recess. The meeting reconvened at the hour of 11:25 p.m. 11. DISCUSSION /ACTION ITEMS 11.A. Consider agreement with City of Thousand Oaks for parking citation processing_ Staff recommended approval of the agreement and authorization for the Mayor to sign on behalf of the City. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to approve the Agreement for Citation Processing Services between the City of Thousand Oaks and the City of Moorpark, and authorize the Mayor and City Clerk to sign, effective and executed March 15, 1989. The voice vote was unanimous. 11. B. Consider unmet transit needs hearing. Staff recommended they be directed to request from the County Transportation Commission's (CTC) Transportation Policy Planning Committee (TPPC) that the City Council can determine whether inter or intra City bus service meets any identified unmet needs. Administrative Assistant Susan Cauldwell advised that the City receives funds, as a result of the 1971 Transportation Development Act, to aid in meeting transit needs. Regulations permit that funds not required for transit purposes may be used for street and road purposes. Before this may be done, however, a determination by the Transportation Policy Planning Committee (TPPC) must be made that no unmet transit needs exist within the City. Currently the unmet transit needs are satisfied by the Thousand Oaks /Moorpark Express bus service. In addition to the Thousand Oaks /Moorpark Express bus service, the City is funding an intra -city bus service with Gann Funds. While it is too early to determine if the intra -city bus service will be successful, the possibility remains that it may be able to satisfy unmet transit needs, thus allowing it to be funded from Local Transportation Funds. It is therefore Staff's recommendation that the City request from the TPPC the option to provide either intra -city bus service or Thousand Oaks /Moorpark Express bus service to meet Moorpark's unmet transit need. Minutes of the City Council Moorpark, California Page 12 March 15, 1989 MOTION: Councilmember Harper moved and Mayor Brown seconded a motion to request from the TPPC the option of providing either intra -city bus service or Thousand Oaks /Moorpark Express bus service to meet Moorpark's unmet transit need; and that Staff provide data on ridership for both services for comparison purposes. The voice vote was unanimous. 11.C. Consider Arroyo Vista Community_ Park Conceptual Master Plan. Staff recommended they be directed as deemed appropriate. Director of Community Services Phil Newhouse presented the revised master plan for the Arroyo Vista Community Park which incorporated the changes requested by the Council. The Council reviewed the master plan and determined to take the following action: MOTION: Councilmember Montgomery moved and Councilmember Lawrason seconded a motion to: A. Make the following changes to the Master Plan: 1) Do not provide additional vehicular access, however extend the road south from the existing parking lot to a cul -de -sac; 2) Eliminate one pool, for a remaining total of two; and 3) do not enlarge the pavillion to seat 300 people; and B. Direct the Park and Recreation Commission to bring forward a Phase I development plan based upon funds currently available. The voice vote was unanimous. 11.D. Consider a report by the Director of Community Development regarding whether a liquor license requested after the approval of a Planned Development Permit requires a major or minor modification approval_, Staff recommended they be directed as deemed appropriate. Director of Community Development Pat Richards advised that Staff has determined that unless alcoholic beverage consumption was approved as part of the original Planned Development Permit, such a use would be an expansion requiring a major modification process. The Council discussed modifying the existing Planned Development Permit application to require disclosure of intended on -site or off -site liquor sales. If there is a change subsequent to the PDP being issued, then it would be treated as a major modification. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to allow Topa Management Company's current request for on -site liquor sales to be treated as a minor modification; and Minutes of the City Council Moorpark, California Page 13 March 15, 1989 that the PD Permit application be modified to require disclosure of intended on -site or off -site liquor sales; and if the applicant deviates from this after issuance of the PD Permit, it will be treated as a major modification. The voice vote was unanimous. 11. E. Consider time extension request for Planned Development Permit Nos. 1062 and 1063 (Embassy)_._ Staff recommended they be directed as deemed appropriate. Director of Community Development Pat Richards advised that the Embassy Group is desirous of extending the use inauguration of PD Permit Nos. 1062 and 1063 for an additional six months, to September 16, 1989. Frank Jansen (6149 Edinburgh, Agoura) addressed the Council on behalf of Embassy Group, describing the events leading up the request for a six -month extension, including the time required for annexation into the Camrosa Water District and acquisition of right -of -way. Mr. Jansen advised that Embassy Group has spent approximately $2.8 Million on this project to date, and desires to acquire an extension enabling them to complete the project. Councilmember Harper advised that he would not support an extension of the PD Permit since he feels the project is an incompatible land use and not good planning. In response to Councilmember Harper, City Attorney Cheryl Kane advised that there is nothing in the Code to allow the Council to impose additional conditions on the project as a part of an extension of the PD Permit. Councilmember Perez commented that he felt it was unfortunate the project was originally approved, however he supported the time extension at this time. Councilmembers Lawrason and Montgomery advised that as Planning Commissioners they had voted against the project, but since the Council overturned that denial and allowed the project to proceed, they would not deny an extension at this time. Mayor Brown advised that she felt the proponents have worked diligently and felt the Council ought to recognize that. MOTION: Councilmember Brown moved and Councilmember Lawrason seconded a motion to grant a six -month extension (to September 16, 1989) for Planned Development Permit Nos. 1062 and 1063 (The Embassy Group, Inc.). The motion carried with Councilmember Harper dissenting. 11.G. Consideration of water conservation measures. Staff recommended they be directed as deemed appropriate. Minutes of the City Council Moorpark, California Page 14 March 15, 1989 Mayor Brown advised that water conservation kits are available in City Hall, and she recommended that everyone take one home. Additionally, she requested that Staff check the sprinklers in parks and other City properties to make sure they are operating properly to set a good example. MOTION: Mayor Brown moved and Councilmember Montgomery seconded a motion to use low -use sprinkler heads in all parks and landscaped areas around City facilities. The voice vote was unanimous. 11.H. Consider establishing street sweeping test area. Staff recommended they be directed as deemed appropriate. Director of Community Development Phil Newhouse advised that as a result of Council action on February 1, Councilmembers Harper and Perez met with Staff to prepare a report for establishing a street sweeping test area. Three areas were chosen with different types of terrain. MOTION: Councilmember Lawrason moved and Councilmember Harper seconded a motion to set up the three test areas outlined in the Staff report; to install the signs (excluding the week -of- the -month line) and to include "Street Sweeping" at the top; and to perform the tests. The voice vote was unanimous. Staff clarified that the test will be performed over a 60 -day period. 11. I. Consideration of City __activities and projects. Staff recommended they be directed as deemed appropriate. CONSENSUS: By Council consensus, this item is continued to the next regular meeting. 11.J. Consider City --- funding__for Senior Nutrition Program for balance of 1988/89. Staff recommended authorization to use up to $3,000 from the City's Contractual Services Account (01- 1117 -642). MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to authorize use of up to $3,000 from the City's Contractual Services Account 01 -1117 -642 to fund the Senior Nutrition Program for the balance of fiscal year 1988 -89. The voice vote was unanimous. The Council directed that a letter indicating this action be sent to the County Board of Supervisors. 12. ORDINANCES 12.A. Consider _Ordinance _ No. _ 107 amending Section 14.09.070 b 2)_ _ of __Ordinance _ No. _101 relating _ to the Cu "Preservation_,_ tting, and Removal of Historic Trees, Native Minutes of the City Council Moorpark, California Page 15 March 15, 1989 Oak Trees and Mature Trees". Staff recommended approval of Ordinance No. 107 for second reading and adoption. City Attorney Cheryl Kane read Ordinance No. 107 in title. MOTION: Councilmember Montgomery moved and Councilmember Lawrason seconded a motion to read Ordinance No. 107 in title only. The voice vote was unanimous. MOTION: Councilmember Montgomery moved and Councilmember Lawrason seconded a motion to declare Ordinance No. 107 read for the second time and adopted as read. The voice vote was unanimous. 13. FUTURE AGENDA ITEMS MOTION: Councilmember Perez moved and Councilmember Harper seconded a motion to place the Comprehensive Planning Ordinance on the next agenda for reconsideration of action. The motion failed by the following vote: AYES: Councilmembers Harper and Perez. NOES: Councilmembers Brown, Lawrason and Montgomery. Councilmember Harper requested that Staff prepare a Resolution supporting the opening of Happy Camp Park by the Mountains Conservancy Authority; and directing that it be sent to the County Board of Supervisors. 14. CLOSED SESSION Councilmember Harper moved and Councilmember Montgomery seconded a motion to go into Closed Session under items: 14.A. - Personnel; 14.B. - Litigation concerning Boething vs. the City of Moorpark; 14.C. - Litigation concerning the City of Moorpark vs. Boething; 14.D. - Potential litigation pursuant to Government Code Section 54956.9(b)(1); 14.E. - Potential litigation pursuant to Government Code Section 54956.9.(c); 14.F. - Negotiation for real property at 280 Casey Road (former high school site - Moorpark Unified School District) pursuant to Government Code Section 54956.8; 14.G. - Negotiation for real property with Cal Trans for Cal Trans owned property adjacent to state highway pursuant to Government Code Section 54956.8; 14.H. - Negotiation for real property on a portion of Community Focus area of PC -3 (Urban West Communities) pursuant to Government Code Section 54956.8; 14.I. - Negotiation for real property known as Arroyo Vista Community Park with Fedele /Braun pursuant to Government Code Section 54956.8; 14.J. - Acquisition of right -of -way on the north side of Tierra Rejada Road, east of Spring (Carlsberg) pursuant to Government Code Section 54956.8; and 14.K. - Acquisition of right -of -way on the south side of Tierra Rejada Road, east of spring (Watt) pursuant to Government Code Section 54956.8. The voice vote was unanimous. The time of adjournment to closed session was 12:35 a.m. All Councilmembers; Steven Kueny, City Manager; Cheryl Kane, City Attorney; Richard Hare, Deputy City Manager; Pat Richards, Minutes of the City Council Moorpark, California Page 16 March 15, 1989 Director of Community Development; and John Knipe, Assistant City Engineer were present in the Closed Session. Assistant City Engineer John Knipe left the Closed Session at the hour of 12:50 a.m. Director of Community Development Pat Richards left the Closed Session at the hour of 1:05 a.m. The Council reconvened into open session at the hour of 1:58 a.m. City Attorney Cheryl Kane advised that all items were discussed, with the exception of 14.E. - Potential litigation pursuant to Government Code Section 54956.9(c). MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to discuss items 14.J. and 14.K. at this time. The voice vote was unanimous. 14.J. Acquisition of right -of -way on the_ north side of Tierra Rejada Road, east of Sprinn_,(Carlsberqj_ 14. K. Acquisition of right- of- way_on_the__. south _ side of _Tierra Rejada Road, east ofSpring__(Watt)_. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to appropriate $10,000 from the Gas Tax Fund for the preparation of appraisal reports for the necessary right -of -way for the widening of Tierra Rejada Road east of Spring Road, on both the north and south side of Tierra Rejada Road; and to direct Staff to proceed with securing those reports. The roll call vote was unanimous. ADJOURNMENT MOTION: Councilmember Montgomery seconded a motion to adjourn the The voice vote was unanimous. moved and Councilmember Lawrason meeting at the hour of 2:00 a.m. WIM ATTEST: