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HomeMy WebLinkAboutMIN 1989 0419 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California April 19, 1989 A Regular Meeting of the City Council of the City of Moorpark, California was held on April 19, 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 7:10 p.m. my Mayor Eloise Brown. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Perez. 3. ROLL CALL Present: Councilmembers Clint Harper, Paul Lawrason, Bernardo Perez, Scott Montgomery and Mayor Eloise Brown. Steven Kueny, City Manager; Cheryl Kane, City Attorney; Pat Richards, Director of Community Development; 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; Debra Traffenstedt, Senior Planner; Don Reynolds, Associate Planner; and Sally Coons, Secretary. 4. PROCLAMATIONS, COMMENDATIONS-,_ AND- SPECIAL PRESENTATIONS A. Special Proclamation declaring Statewide Water Awareness Week -- May -7� 1989, in the City of Moorpark. Mayor Brown read the proclamation declaring May 1 -7, 1989 as Statewide Water Awareness Week in the City of Moorpark. 5. REORDERING OF AND ADDITIONS TO, THE AGENDA There was no reordering of or additions to the Agenda. 6. PUBLIC COMMENTS 6.A. Judith Lanahan (4641 Pepper Mill Street, Moorpark) addressed the Council in support of Agenda Item 11.P. - Parking restrictions on Los Angeles Avenue from Park Lane to Minutes of the City Council Moorpark, California Page 2 April 19, 1989 Buttercreek Road. She encouraged the Council to post "No Parking" on both the north and south sides of State Route 118. 6.8. Lynn Crockatt (13768 Christian Barrett Drive, Moorpark) requested the Council to consider allowing him to speak under item 11.C. - Proposed Moorpark Fireworks Show. CONSENSUS: By consensus, the Council determined to hear Mr. Crockatt under Agenda Item 11.C. 6.C. Jean Starr (3196 North Locust, Rialto, CA) representing Fire Spectacular, advised that she was available for questions under Agenda Item 11.C. - Proposed Moorpark Fireworks Show. 6.D. Tina Gidney (200 E. Los Angeles Avenue, Moorpark) addressed the Council in favor of the proposed fireworks show. 6.E. John Luke (13709 Christian Barrett Drive, Moorpark) addressed the Council in favor of the proposed fireworks show. 6.F. Valerie Busby (2801 Townsgate Road, #101, Westlake Village) advised that she was available for questions concerning Agenda Item 11.B. (Consider adoption of a resolution Development Plan Permit No. DP -361 Minor Modification No. 1 and Conditional Use Permit (CUP) No. 88 -2 (Cabot, Cabot & Forbes). 6.G. Jeff Hitz (1432 N. View Drive, Westlake Village) from Grubb & Ellis Commercial Real Estate and representing Cabot, Cabot & Forbes, advised that it will be difficult to get tenants in the building if they are not allowed to sublet, as is being recommended under Agenda Item 11.B. In order to attract good companies, he recommended the Council not preclude subletting. 6.H. Carolyn Schrimpf (12788 Summer, Moorpark) from the Buttercreek Homeowner's Association, addressed the Council in favor of the proposed fireworks show. 6.I. Linda Marinier (12316 Willow Forest Drive, Moorpark) addressed the Council in favor of the proposed fireworks show. 6.J. Dan Schmidt (Moorpark Mirror) addressed the Council urging them to support legislation (SB 1267) requiring tape recording of closed sessions. Mr. Schmidt advised that he would like to speak to the Council under Agenda Item I.I.F. - Consider amendment of City's Newsrack Ordinance. CONSENSUS:_ By consensus, the Council determined to allow Mr. Schmidt to address the Council under Agenda Item 11.F. 6.K. Lana Tipton (504 Paseo Grande, Thousand Oaks) owner of Golden Belle Restaurant, addressed the Council concerning the City's sign ordinance, particularly as it relates to restrictions on "sandwich" signs. She explained the importance of adequate signage to the success of her business. Minutes of the City Council Moorpark, California Page 3 Councilmember Perez commented in front of the restaurant and and he understands the need for April 19, 1989 that he saw the "sandwich" sign it did not seem in anyone's way; higher visibility. 6.L. Linda Plaks (4957 Mira Sol Drive, Moorpark) President of the Moorpark Chamber of Commerce addressed the Council in favor of the proposed fireworks show. She advised that it is the Chamber's intention to support and sponsor this event. 6.M. John Newton (165 High Street, Moorpark) requested the Council to consider allowing himself and others to speak under Agenda Item 11.H - Consider request to separately process a component of General Plan Update process. CONSENSUS: By consensus, the Council determined to allow Mr. Newton and his clients to speak under Agenda Item 11 -H. 6.N. Christine May (13853 E. Los Angeles Avenue) addressed the Council in favor of the proposed fireworks show. 6.0. Arend Collen (21300 Victory Blvd., Woodland Hills) advised that he was a real estate representative for McDonald's Corporation and would be addressing the Council under Agenda Item 11.H., as per the Council's earlier determination. 6.P. Jerry Crumpler (11577 Olympic Boulevard, Los Angeles) from Crumpler and Krueger Commercial Real Estate Division, advised that he would also like an opportunity to speak under Agenda Item 11.H. 7. COMMITTEE REPORTS Mayor Brown advised that she attended the following meetings: Highway 126 Inauguration; Waterworks District No. 1; Moorpark Unified School District; Association of Ventura County Cities; Ventura County Transportation Commission; and the Year 2000 Committee. 8. CONSENT CALENDAR MOTION: Upon motion by Councilmember Harper, seconded by Councilmember Montgomery, the following items were approved by an unanimous roll call vote: 8.A.1. Consider app_roya_1_ of minutes for the Special City Council Meeting of April 5, 1.989_. Staff recommended the minutes be approved as presented. 8.A.2. Consider approyal of minutes for the Regular C_iCounci 1 Meeting of Aril 5, 1.98.9. Staff recommended the minutes be approved as presented. Minutes of the City Council Moorpark, California Page 4 April 19, 1989 8.A.3. Consider approval of minutes for the Adjourned City Council Meeting of AA ri 1 10, __19.89_. Staff recommended the minutes be approved as presented. 8.B. Approval of Warrant Register__1988 /89: - Prepaid Warrants Nos. 8472, 8553 -8577 $14,708.73 - Payable Warrants Nos. 8579 -8635 $50,502.63 8.C. Reconsideration of including First _Street in City's Street Overlay Program. Staff recommended the Council reconsider March 15, 1989 action and delete First Street from the program. 8.E. Consider a proposal to allow and wine sales in conjunction with restaurant uses within the shopping center currently under construction for Planned___Development_1064 - TOPA Management - Minor Modification No. 1. Staff recommended the Council receive and file. 8.F. Consider approval of Agreement with Ventura County Flood control District for construction of box culvert for Happy Camp Drain at Los Angeles Avenue LR118). Staff recommended the Council approve the agreement and authorize the Mayor to sign. 8.G. Consider approval of C_om_prehensive Health Insurance Polite effective May 1, 1989. Staff recommended approval of the policy. 0 n No. 89 -545 extending VCC Franchise to June 8, 1989. 8.I. Consider adoption of Resolution No. 89_ -546 for Campus Park Drive Parking Restrictions. Staff recommended the Council adopt Resolution No. 8 -546 implementing a "No Stopping Any Time" zone on both sides of Campus Park Drive between College View Avenue and Campus Road (Moorpark College). 8.J. Consider proposed disposal of s Ulus soil for Tract No. 3963-3 Griffins Staff recommended receive and file the report. 8.K. Consider authorizing _May r_ to send l etter____op osi n SB 1267 concerning mandatory tape __recordings of _Council Closed Sessions. Staff recommended the Council authorize the Mayor to send a letter opposing SB 1267. 8.L. Consider authorizin�Ma or to send su�� orting AB 701 and AB 1157 concerning_ establishment of __speed _limits. Staff recommended the Mayor be authorized to send a letter supporting AB 701 and AB 1157. 8.M. Consider request for Southern California Joint Powers Insurance Authority Presentation concerning joint___�ool for self Minutes of the City Council Moorpark, California Page 5 April 19, 1989 insurance. Staff recommended the Council authorize a presentation by the SCJPIA. The following item was pulled for individual consideration by the Council: 8.D. Consider the adoption of formal standards regarding when a minor or major modification is to _be approved_ in conjunction with the sale of liquor with restaurant uses. Staff recommended approval of the standards as presented by Staff. City Manager Steven Kueny advised that he requested this item be pulled because there were two possible actions and the Council needed to take one or the other. He recommended that the Council approve the liquor sales guidelines as presented by Staff. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adopt the liquor sales guidelines as presented. The voice vote was unanimous. CONSENSUS: By consensus, the Council determined to consider Agenda Item 10.A. at this time. 10.A. Appointment to PlanningCOmmission Mayor Brown nominated Mr. Michael Scullin to the Planning Commission. MOTION: Councilmember Lawrason moved and Councilmember Perez seconded a motion to confirm the nomination of Mr. Michael Scullin to the Planning Commission. The voice vote was unanimous. Mr. Scullin briefly addressed the Council, advising that his background is in geology and urban development. He introduced his wife and thanked the Council for his appointment to the Planning Commission. 9. PUBLIC HEARINGS 9.A. Consider revisions to Land_ Use Application Fees and Planning Rates. Staff recommended the Council approve the proposed increase in fees and charge rates. Director of Community Development Pat Richards reviewed his staff report, advising that the City has not adjusted Land Use Application Fees or Planning Rates in five years. After analyzing the relevant costs and actual hours spent on processing permits, Staff recommends a real time billing rate of $85.00 per hour (a correction to the written report which indicated $75.00 per hour). Additionally, fees related to zone change, zoning maps, processing of permits and contract services administrative fee were adjusted. Staff further recommends an annual review of fees. Minutes of the City Council Moorpark, California Page 6 April 19, 1989 Mayor Brown opened the Public Hearing. 9.A.1. Paul Tryon (751 Daily Drive, Camarillo) representing the Building Industries Association, addressed the Council concerning the proposed fee adjustments. He requested that the Council defer action on this item until BIA can make a thorough study of the report. City Manager Kueny cautioned the Council that if action, at least on an interim basis, is not taken at this meeting, then the City will have no way to recoup allocated costs from those applicants coming in between now and the time the fees are formally adjusted. He recommended that the Council, at the minimum, increase the deposit fee required at this time. Mr. Tryon agreed to address the issue, to the best of his ability, as though the Council were going to take action at this meeting. He made the following points: 1) Fees should be adjusted on an annual basis; 2) Costs are significantly higher than other County cities, with the 250% increase being proposed (at this point he made a comparison of fees to Simi Valley and the County of Ventura); 3) He questioned the rental charge of 50 cents per square foot for City Hall space used by the Planning Department; and 4) Expressed concern regarding the removal of the cap for deposit billings. He recommended that the Council set a ceiling and make individual decisions for those projects which may exceed those deposits. Mr. Tryon addressed recommendations 1 -4 in the Staff Report as follows: 1. The increase to $85.00 per hour seems large; 2. Requested this item be deferred for an explanation; 3. Questioned why deposits are being increased 150% plus an additional 66% increase to reflect the increase in hourly rates; and 4. He questioned why since there is a Zone Clearance fee, there is also a "Zone Clearance Processing" fee. Being no other speakers to address this subject, Mayor Brown declared the hearing closed. In response to Councilmember Harper, Director of Community Development Pat Richards advised that the suggested increases will not accumulate a profit, and in some cases the City may continue to lose money. City Manager Kueny advised that Staff feels those projects which require larger numbers of hours should not have a cap; those that don't require as many hours get a refund. In response to Councilmember Perez, City Manager advised that the increase for Contract Planning from 10% to 15% is to bring it into line with what the City charges the contractor for other items. City Manager Kueny recommended eliminating the Zone Clearance Fee and replacing it with the "Zone Clearance Processing" fee Minutes of the City Council Moorpark, California Page 7 April 19, 1989 at actual time expended at the hourly rate charge; for each entitlement permit, to require 100% of the actual fee charged the applicant for processing the original permit entitlement application with a cap of 100% of the original entitlement processing fee for each entitlement; and to make the hourly rate for City Planning Staff $85.00. MOTION: Councilmember Lawrason moved and Councilmember Montgomery seconded a motion to implement the fee structure, as recommended by Staff and amended by City Manager Kueny, specifically Items 2., 3., and 4. in the Staff report; and to continue that portion (Item 1.) regarding hourly rates for City Planning Staff to allow discussion with interested parties and to be brought back to the Council at the next regular meeting. MOTION AMENDMENT: Councilmember Lawrason amended the motion, seconded by Councilmember Montgomery, to include Staff Recommendation No. 1, setting the rate for Planning Staff at $85.00 per hour. The maker and second of the Amendment agreed that the amendment include all Staff Recommendations, Items 1 through 8; with an opportunity for further review of the hourly rate; and to adopt Resolution No. 89 -547 setting the new rates. VOTE: The voice vote on the motion, as amended, was unanimous. City Attorney recommended that since the Council may consider amending the hourly rate portion of the Resolution, the Hearing be reopened and continued to the next regular meeting. MOTION: Mayor Brown moved and Councilmember Lawrason seconded a motion to reopen the public hearing and continue it to the next regular meeting. The voice vote was unanimous. 9.B. Consider Appeal No. 89-2 - Planned Development No. 966 - Mash Associates. An _appeal of the Director of Community Development's_ determination that a Major Modification of PD -966 is required to allow a___separate fixed bar within a new restaurant an_d to provide a building height of twenty five (2_5) feet. Staff recommended the Director's decision be upheld. Pat Richards, Director of Community Development, advised that Mash Associates is appealing his decision requiring a Major Modification of PD -966 to allow a separate fixed bar within a new restaurant and to provide a building height of 25 feet. Staff is of the opinion that a Major Modification should be required to allow adequate notice to the public and to allow agencies such as the Police Department to impose any additional conditions, as well as the City Council. Regarding the 25 foot building height, Staff is of the opinion that a 20 foot height is more consistent with the overall size of the restaurant. Minutes of the City Council Moorpark, California Page 8 April 19, 1989 In response to Councilmember Lawrason, Mr. Richards advised when the Commercial Planned Development Permit No. PD -966 was granted, the City did not see a tentative layout of the new restaurant nor was any indication made that there would be a fixed bar. Mayor Brown opened the public hearing. 9.B.1. John Mays (530 New Los Angeles Avenue #26, Moorpark) representing Mash Associates, advised that when the Permit was granted in 1986, there was no mention of alcohol sales since it was not known this needed to be addressed for possible future use in the proposed restaurant. 9.B.2. James Perell (300 Esplanade Drive, Suite 110, Oxnard) of Grubb & Ellis Company, consultants to Mash Associates, advised the Council that at the point PD -966 was brought before the Council, there was no discussion concerning sale of alcohol and there seemed no reason to bring it up since it was not addressed on the permit application. Subsequently, the new restaurant desiring to have a fixed bar has applied with the Alcoholic Beverage Control Board for the appropriate permits, posting, etc. Proponents of the project did not recognize the City must also permit the sale of alcohol. In any event, Mr. Perell requested the Council to consider the issue of a fixed bar in the new restaurant as a Minor Modification since it was in process prior to the Council's recent action requiring a Major Modification for sale of alcohol that was not disclosed at the time the PD Permit was issued. Regarding the issue of the building height, Mr. Perell advised that the proposed restaurant will be 4 feet lower than the existing Santa Barbara Savings building, and meets the consistency and balance of the center. In response to Councilmember Lawrason, Mr. Perell advised that he felt the restaurant would be adversely impacted if the fixed bar were eliminated. Mayor Brown stated her strong concern with the new exhibit not being presented until now. 9.B.3. Zouhair Younan (312 W. Los Angeles Avenue, Moorpark) owner and operator of the proposed restaurant, advised the Council that the floor plan which they had before them was incorrect. AT THIS POINT IN THE MEETING, Mayor Brown declared a 15 minute recess, the time being 9:00 p.m. The Meeting reconvened at the hour, of 9:15 p.m. Mr. Perell advised that a corrected floor plan of the restaurant was now available for the Council's review. Zouhair Younan advised that the Alcoholic Beverage Control Board posted notices of the intended sale of alcohol on January Minutes of the City Council Moorpark, California Page 9 April 19, 1989 30, 1989, for thirty days. All residents that live within 500 feet were sent letters. There were no protests. In response to Councilmember Montgomery, Mr. Younan advised that he has been in negotiations for the restaurant for approximately eight months, and the issue of the building's height was primarily an issue of visibility. Mr. Mays advised that if the City requires a Major Modification, processing would take approximately four months and this would be a severe hardship for the proponents of the project. Being no other speakers, Mayor Brown declared the public hearing closed. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to approve the appeal on the height restriction; and deny the appeal on the requirement for a Major Modification of PD -966 concerning the fixed bar. The motion carried, with Councilmember Perez dissenting. CONSENSUS: By consensus, the Council directed that Staff agendize for discussion and clarification, how late materials may be submitted to the Council for consideration at a Council Meeting and /or Public Hearing of the Council. 10.6. Appointments to Community Arts. Committee CONSENSUS: By consensus, the Council determined to continue this item to the next regular meeting. 11. DISCUSSION /ACTION ITEMS CONSENSUS: By consensus, the Council determined to first consider those items where the Council agreed to accept public input. 11.6. Cons Plan Permit No. DP -361 Minor Modification No. 1 and Conditional Use Permit (CUP) No. __.88 -2__ (Cabot, Cabot & Forbes). Staff recommended approval of the Negative Declaration, make appropriate findings and adopt Resolution No. 89 -548 conditionally approving the project. Senior Planner Debra Traffenstedt advised the Council that as a result of Staff's review of the proposed conditions (as presented to the Council on March 1, 1989), Condition No. 9 was deleted since the same subject is covered by Conditions 80 and 81. In response to Councilmember Montgomery concerning Condition No. 79, Ms. Traffenstedt advised that the additional wording, "No subleasing /rental shall be permitted" was added by Staff. Minutes of the City Council Moorpark, California Page 10 April 19, 1989 Discussion ensued regarding the Council's intent which was to limit the total number of tenants to seven. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to extend the wording in Condition 79 to read, "No subleasing /rental shall be permitted after a total of seven occupants." The motion carried by voice vote. The question was raised that if one tenant sub - leased while there were one or more vacancies in the building, the end result could be more than seven tenants. City Attorney Kane recommended that "tenant ", under Condition 79, include sub - tenant and sub - leesee. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to approve the Negative Declaration with appropriate findings; and to adopt Resolution No. 89 -548, as modified by City Attorney Kane. The voice vote was unanimous. 11.C. Consider proposed Moorpark Fireworks Show (July 3, 1989) sponsored by the Chamber of Commerce. Staff recommended they be directed as deemed appropriate. City Manager Kueny advised that the Chamber of Commerce is requesting the City to conceptually approve the fireworks event; proceed with the necessary permit processing; and to consider paying the cost for, certain indirect cost items of law enforcement and staff time. He advised that Staff did not support the closing of Tierra Rejada Road during the show since it is a major street and people should not be inconvenienced for this purpose. In response to Councilmember Harper, Lt. Rodriguez advised that the estimated cost of Sheriff's Deputies to cover the event to be $2,100. Mayor Brown invited Lynn Crockatt to address the Council. 11.C.1. Lynn Crockatt (13768 Christian Barrett Drive, Moorpark), representing the Chamber of Commerce, advised that he had reviewed the plan with the Sheriff's Department and they have conceptually approved it. Additionally, the recommendation to close Tierra Rejada Road was to prevent travelers on this road from stopping to observe the fireworks display and becoming a hazard to other motorists. 11.C.2. Linda Plaks (4957 Mira Sol Drive, Moorpark) President of the Moopark Chamber of Commerce, advised that as far as the Chamber is concerned, this is strictly a Chamber event. Councilmember Harper suggested the City participate by donating staff time and /or $2,500; and in turn, the Chamber be required Minutes of the City Council Moorpark, California Page 11 April 19, 1989 to donate 100 tickets to adults and children of lower income families. Mayor Brown advised that other requests for monetary support will be forthcoming from the Chamber, and she suggested the Council wait to see if the Chamber needs the money for this event or something else. MOTION: Councilmember Montgomery moved and Councilmember Lawrason seconded a motion to conceptually approve the event; provide indirect expenses through the permitting process; and to commit $2,500 toward the cost of police protection with the provision that the Chamber of Commerce provide free tickets for 100 adults and 100 children from low income families; and seniors. Mayor Brown advised that she was opposed to donating funds to this event since the Chamber has not yet requested them. Councilmember Perez questioned the ratio of 100 adults and 100 children. MOTION AMENDMENT: Councilmember Montgomery moved and Councilmember Lawrason seconded an amendment to the motion directing that the Chamber provide free tickets for 100 low income families rather than 100 adults, 100 children and seniors. The voice vote was unanimous. AT THIS POINT IN THE MEETING, Mayor Brown declared a recess, the time being 10:37 p.m. The meeting reconvened at the hour of 10:55 p.m. 11.F. Consider amendment of City's Newsrack Ordinance (Ordinance No. 89). Staff recommended the amendments be authorized. City Attorney Cheryl Kane advised that she was available to answer questions regarding her letter of April 3, 1989 to the City Manager addressing the Newsrack Ordinance. At the request of the Council, City Attorney Kane reveiwed several cases where newsrack ordinances have been challenged. She further advised that the length of newsrack groupings is a safety issue; and aesthetic regulations must be reasonable. In response to Councilmember Montgomery, City Manager Kueny advised that the City does not require insurance in the amount of $50,000 for all encroachments in the public right of way, however it does require it for newsracks. Regarding the regulation of newsrack color, City Attorney responded that there are no cases where this has been challenged. The Council invited Dan Schmidt to address them on this issue. Dan Schmidt, Moorpark Mirror, referred to his letter of April 11, 1989 in which he outlined points in the existing Newsrack Minutes of the City Council Moorpark, California Page 12 April 19, 1989 Ordinance which he felt were unfair or unconstitutional. His main points included the requirement for insurance of $50,000; restrictions on newsrack size, style and color; requirement for pedestal -type bases; restrictions on advertising and publicity restrictions and location of newsracks on sidewalks and other areas. He concluded his comments by suggesting that he be allowed to work with the City Staff to develop a revised ordinance. In response to Councilmember Harper, Mr. Schmidt advised his main concerns were the insurance requirements and restrictions on the type, style and color of newsracks. MOTION: Councilmember Harper moved and Councilmember Lawrason seconded a motion to direct the City Attorney to draft a revised ordinance deleting the insurance requirement; to work with Staff to determine a range of sizes to provide for a variety of designs, a method for clearance around the racks, and a type of base that allows for secure attachment to the slab /ground so it is secure and not a hazard; and to preserve the current spectrum of colors allowed. The voice vote was unanimous. City Manager Kueny advised that the Ordinance would be brought back to the Council in approximately four weeks. During that time, he suggested the Council could observe newsracks in neighboring communities. 11. H. Consider a request _to separately process a component of General Plan Update _process. Staff recommended that the request be denied. Director of Community Development Pat Richards advised that the City has recently selected a firm (PBR) to accomplish the work to update the Land Use and Circulation Elements of the General Plan. The City has also requested the 18 interested property owners to submit formal requests and deposit funds to be part of the update. The final date to submit an application was March 31, 1989. On that date, John Newton, representing property owners of the northeast corner of Los Angeles Avenue and Spring Road, requested the City to consider removing their property from the update process and expedite its processing. Staff is opposed to the request for the following reasons: 1) Such a withdrawal would cause the scope of work to change and complicate the creation of a contract with PBR; 2) It may also require that the remaining participants pay more of the fair share cost; 3) To consider removing this GPA may be considered an incremental approach to land use decision when the overall understanding of the "big picture" is not yet understood; and 4) If the GPA is removed there is still a need to consider an Environmental Impact Report which will take six to eight months to process. The Council invited the following persons to address them on this subject: Minutes of the City Council Moorpark, California Page 13 April 19, 1989 11.H.1. John Newton (165 High Street, Moorpark) representing the property owners, reviewed the reasons for requesting removal of the property from the update process, primarily the projected length of time to complete the process. He reviewed other reasons as outlined in his letter to the Council dated March 30, 1989. He also pointed out that the projected sales tax from this project was not $300,000 to $400,000 per year as stated in letters to the Council, but $30,000 to $40,000 per year. 11.H.2. Jerry Crumpler (11577 Olympic Blvd., Los Angeles) a partner in the firm of Crumpler and Kruger Commercial Real Estate Division, advised that his company has extensive experience in commercial centers and is anxious to proceed with this project. 11.H.3. Arend Collen (21300 Victory Blvd., Woodland Hills) Real Estate Representative - Mcdonald's Corporation, advised that McDonald's would be flexible in their building design so that it would conform with the local motif. Additionally, he advised that they have commissioned a traffic study, however it will not be completed for several weeks. According to model traffic studies, the increase in traffic created by the McDonalds would be less than 2 %. He requested that the developer be allowed to proceed outside the General Plan Update process, at his own risk, in order to present the Council the traffic study and other necessary materials for the Council to make a decision on the proposed project. In response to Councilmember Montgomery, John Newton advised that his client's share of the GPA was $6,727, and they would be willing to pay this whether or not they actually participate in the process if their project were allowed to move forward. John Newton advised that the escrow on the property will lapse in six months, and was a primary reason for requesting the property to be pulled from the General Plan Update which will take from 18 months to two years to complete. In response to Mayor Brown's comment that the General Plan Amendment would take a minimum of 12 months, Mr. Newton advised the escrow could probably be extended for this length of time. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to deny the request to detach this GPA request from the update process and provide expedited processing. The motion carried, with Councilmembers Lawrason and Montgomery dissenting. AT THIS POINT IN THE MEETING, the Mayor declared a recess, the time being 12:55 a.m. The meeting reconvened at the hour of 1:13 a.m. 11.D. Consideration of establishment of refuse franchise. Staff recommended they be directed to prepare Requests for Proposals. Minutes of the City Council Moorpark, California Page 14 April 19, 1989 MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to direct staff to prepare an RFP for refuse collection for City Council's consideration; and to appropriate $5,000 from the General Fund Reserve for the City Attorney's participation in this project. The motion carried by an unanimous roll call vote: 11.E. Consider award of contract for Orcanization and Management Study. Staff recommended the contract be awarded to William Hamilton & Associates. MOTION: Councilmember Lawrason moved and Councilmember Montgomery seconded a motion to award a contract to William Hamilton and Associates in the amount of $17,030 for the preparation of an Organization and Management Study; and authorize the Mayor to sign on behalf of the City. The motion carried, with Councilmember Harper and Mayor Brown dissenting. 11.G. Consider project selection and authorize Grant Application for FY 1989/90 SB 821 fundinq. Staff recommended authorization of an SB 821 application in the amount of $92,500 for the project on the north side of High Street (Bard to Magnolia). MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to approve the filing of the city's SB 821 application for FY 89 -90 for the final section of the north side of High Street sidewalk, curb and gutter project; and to authorize the City Manager to sign the application. The voice vote was unanimous. 11.L. Consideration of water line extension across Los Angeles Avenue (SR118) at Liberty Bell Road __(Villa Campesina Tract 4147). Staff recommended they be directed as deemed appropriate. City Manager Kueny advised that Cal Trans has determined to allow the crossing to be done on a week day, and therefore no action was needed by the Council. CONSENSUS:_ By consensus, the Council directed staff to keep them up to date on this project. 11.N. Consider review of Moorpark Unified_ School District Negative Declaration filing_ for___propose_d Middle School on Peach Hill Road. Staff recommended they be directed as deemed appropriate. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to direct that Staff review the Initial Study and Negative Declaration; draft a letter, to the Moorpark Unified School District; and schedule this matter for Council review on May 3, 1989. The voice vote was unanimous. 11.0. Consideration_ of SB 103 concerning insurance renewals._ Staff recommended they be directed as deemed appropriate. Minutes of the City Council Moorpark, California Page 15 April 19, 1989 MOTION: Councilmember Lawrason moved and Councilmember Montgomery seconded a motion to direct Staff to draft a letter for the Mayor's signature endorsing SB 103. The voice vote was unanimous. 11.P. Consider Avenue (SR 1 recommended t Rirtt_arrraak irei.LUU a'� UecrricU appr UPI iakc. Staff MOTION: Councilmember Lawrason moved and Councilmember Perez seconded a motion to direct Staff to attempt to modify the areas approved for limited parking (10:00 p.m. to 6:00 a.m.) to "No Parking Anytime ". The voice vote was unanimous. The Council did not take action nor consider the following items: 11. A. Consider establishing_goals and objectives and clari_yi n Staff's role with the Community Arts Committee_ - -- -- 11.I. Consider procedures for submittal of Community Development Block Grant_(CDBG) Proposals. 11.J. Cons ider _proposed by-laws of the_ _Ventura County__Waste Commission. 11.K. Consider award of contract for aerial _photography and mapping_services. 11.M. Consideration_ of City-activities and proj- e -cts._ 12. ORDINANCES 12.A. Consider Ordinance_ No. 108 _business registration procedures regarding the registration of all businesses within the NOTE: Councilmembers Montgomery and Harper left the dais during the discussion and action on this item. City Attorney Cheryl Kane read Ordinance No. 108 in title. MOTION: Councilmember Lawrason moved and Councilmember Perez seconded a motion to read the Ordinance in title only. The voice vote was unanimous, with Councilmembers Harper and Montgomery absent. MOTION: Councilmember Perez moved and Councilmember Lawrason seconded a motion to declare Ordinance No. 108 read for the second time and adopted as read. The voice vote was unanimous, with Councilmembers Harper and Montgomery absent. 10. COMMENTS FROM COUNCILMEMBERS Councilmember Lawrason advised that the Grand Jury is still accepting applications for membership. Minutes of the City Council Moorpark, California Page 16 April 19, 1989 Mayor Brown advised that addressed the Council at Tierra Rejada Road. 13. FUTURE AGENDA ITEMS she responded in writing to the citizen who the last meeting concerning the widening on Councilmember Lawrason requested that Staff agendize the signage on High Street and /or the status of the Planning Commission's review. Councilmember Harper requested that Staff agendize the progress on the Hillside Ordinance. Councilmember Perez requested an update on the road improvements at Los Angeles Avenue and Liberty Bell. Assistant Engineer Knipe advised that the City's project is currently in for third plan check with Cal Trans. Representatives of Villa Campesina indicate they will do their improvements at the time the City contract is completed for widening Los Angeles Avenue. 14. CLOSED SESSION Councilmember Harper moved and Councilmember Montgomery seconded a motion to go into Closed Session under item: 14.D. - Potential litigation pursuant to Government Code Section 54956.9(b)(1); 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 on a portion of Community Focus area of PC -3 (Urban West Communities) pursuant to Government Code Section 54956.8; and 14.H. - Negotiation for real property known as Arroyo Vista Community Park with Fedele /Braun pursuant to Government Code Section 54956.8. The voice vote was unanimous. AT THIS POINT IN THE MEETING, Mayor Brown declared a recess, the time being 1:40 a.m. The Meeting reconvened into Closed Session at the hour of 1:50 a.m. Present in the Closed Session were all Councilmembers; Steven Kueny, City Manager; Cheryl Kane, City Attorney; and Pat Richards, Director of Community Development. Pat Richards, Director of Community Development left the meeting at the hour of 2:00 a.m. The Council reconvened into open session at the hour of 2:17 a.m. City Attorney Cheryl Kane advised there was no action to report as a result of the Closed Session. Minutes of the City Council Moorpark, California Page 17 April 19, 1989 I:U10I1117►1my 19im MOTION: Councilmember Harper moved and Councilmember Lawrason seconded a motion to adjourn the meeting at the hour of 2:18 a.m. until 7:00 p.m. on April 26, 1989. The voice vote was unanimous. Eloise Brown, Mayor ATTEST: i chard Hare, City Cl e�*'-'