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HomeMy WebLinkAboutMIN 1989 0816 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California August 1.6, 1989 A Regular Meeting of the City Council. of the City of Moorpark, California was held on August 16, 1989 in the Council Chambers of City Hall of said City, located at 799 Moorpark Avenue, Moorpark, California. I. CALL TO ORDER The meeting was called to order at the hour of 7:00 p.m. by Mayor Eloise Brown. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by CounciA member. 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; 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; Paul Porter, Senior Planner; Debra Traffenstedt, Senior Planner; and Sally Coons, Executive Secretary. 4. PROCLAMATIONS, COMMENDATIONS,_AND SPECIAL PRESENTATIONS: A. Special presentation to Mr. Doug Holland for his service as Planning Commissioner to the City of Moorpark. Mayor Brown presented a plaque of appreci.at: ion to Mr. Holland for his service on the Planning Commission from 1.984 to 1989. 5. REORDERING OF, AND ADDITIONS TOs_THE AGENDA Councilmember Perez requested that. the Council add to :item 8.J. (Moorpark Country Days), consideration of financing a Mariachi Band since an action on this matter had been recommended by the Parks and Recreation Commission on August 14. CONSENSUS_:_ By consensus, the Council. determined to consider the financing of a Mariachi Band under Agenda Item 8.J. since the need to take action arose after the posting of the Agenda. go VA 0 Minutes of the City Council Moorpark, California Page 2 August 16, 1989 MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to accept the recommendation of the City Manager and add the following items to the Agenda since the need to take action arose after the posting of the Agenda: 11.F. - Consider joining brief of amici. curiae in the case of La Quinta Dunes v. City of La Quinta; 11.G. - Consider Modification to Siting of Senior Center Addition; 11.1-1. - Consider Resolution No. 89 -578 approving the application for grant funds for the Urban Forestry Grant Program; and 14.J. - Ventura County Community College District v. City of Moorpark. PUBLIC COMMENTS A. Paul Almaguor (8873 Roseland Avenue, Moorpark) addressed the Council concerning his inability to obtain a zone clearance to construct a two -story home at 1225 Walnut Canyon Road. In response to Councilmember }carper, Director of Community Development Pat Richards advised that the current Zoning Code requires a ten foot side setback for a two story home containing windows on the upper story. The Council suggested that Mr. Almaguor work with Staff to resolve the zone clearance issue; and directed that Staff advise Mr. Almaguor of the appeal process. B. Mike Smith (195 West Los Angeles Avenue, Simi Valley) representing G.I. Rubbish Company, addressed the Council concerning the proposed Ordinance limiting trash collection to occur only between 6:00 a.m. and 7:00 p.m. within the City limits. He advised that schools require trash pick -up prior to 7:00 a.m., and this schedule would severely handicap their ability to meet that requirement, as well as the operation hours of the landfill site. He requested that the Council consider modifying the collection hours to begin at 4:00 or 5:00 a.m. He advised that trucks can be routed or re- routed in order that residential areas are not collected prior to 7:00 a.m. C. Chuck Anderson (11.1 E. Lucer.o St., Thousand Oaks) representing Anderson Rubbish, addressed the Council in objection to the proposed Ordinance limiting trash collection to occur only between 6:00 a.m. and 7:00 p.m. He requested the Council consider modifying the Ordinance to allow collection to begin at 5:00 a.m. COMMITTEE REPORTS No Committee Reports were made. CONSENT CALENDAR MOTION: Upon motion by Councilmember. Harper, seconded by Councilmember Montgomery, Items 8.J., 8.M., B.N. and 8.P. were Minutes of the City Council Moorpark, California Page 3 August 16, 1989 pulled from the consent Calendar for discussion. The following items were approved by an unanimous roll call vote: A.l. Consider approval of minutes for the Regular City Council Meeting of 4yly 5_,_19E_i9.__ Staff recommended the minutes be approved as presented. A.2. Consider approval of minutes for the Special City Council Meeting of July 19, 1_98.9._ Staff recommended the minutes be approved as presented A.3. Consider approval of minutes for the Regular City Council Meeting of June 3, 1987. Staff recommended the minutes be approved as presented. A.4. Consider approval of minutes for the_Regular Cif Council Meeting of June 10, 1987. Staff recommended the minutes be approved as presented. A.5. Consider approval of minutes for the Regular City Council Meeting of June 17, 1987. ._ Staff recommended the minutes be approved as presented. A.6. Consider approval of minutes for the Adjourned City Council Meeting of June 24, 19.87._ Staff recommended the minutes be approved as presented. A.7. Consider approval of minutes for the Regular City Council Meeting of July 1, 1987. Staff recommended the minutes be approved as presented. A.8. Consider approval of minutes for the Adjourned City Council Meeting of July 8, 198.7. Staff recommended the minutes be approved as presented. A.9. Consider approval of minutes for the Regular City Council Meeting of July 15 1987. Staff recommended the minutes be approved as presented. C. Consider approval of Warrant Resister 1988/89: - Payable Warrants Nos. 9149 -9154 $65,967.60 D. Consider approal of Warrant Register 1989/90: - Prepaid Warrants Nos. 10106 - 10135, $27,888.65 10137, 10139 - 1.01.42, 10144 - 1.0147 - Payable Warrants Nos. 10150 -10210 $140,459.21 E. Consider filing a claim_ for TDA and STA revenue. Staff recommended adoption of Resolutions 89-603 and 89 -604.; and that the City Manager be authorized to sign the claim. Minutes of the City Council Moorpark, California Page 4 August 16, 1989 F. PD1010 /LDM3 (Palmer) - Further reduction of payment and performance bond. Staff recommended authorizing the City Clerk to reduce the payment and performance bond. G. Consider Report on Propose_d_PrLrkipK_Restrictions on Court_n_gy Lane. Staff recommended the report be received and filed H. Consider Park Improvement Fund_ Report. Staff recommended the report be received and filed. I. Consider request for Maintenance _and _Operations Supervisor to attend 2nd year of Maintenance Management _ Traini —g Session. Staff recommended authorizing attendance. K. Consider Report on Moorpark High School Booster _Club Ru_n_ . Staff recommended the report be received and filed. L. Authorize purchase of materials and Service Agreement for installation of work areas in_City Hall Staff recommended approval of the order for purchase of materials and installation. 0. Consider Agreement for Use _ of Facilities Supplies and Services Between Moorpark Unified_ School District and City of Moorpark for Star Club._ Staff recommended approving the agreement and authorizing the City Manager to execute the agreement on behalf of the City. Q. Development Processing_._Fees = Report regarding the reduction of fee deposits for processing_ zone variance requests associated with single family_ residential dwel_1_ings_ Staff recommended adoption of Resolution No. 89 -605 revising the fee. R. Consider a proposed resolution to delete condition 14.A. from Planning Commission Resolution PC89 -194 LDM89 -1 . Staff recommended approval of Resolution No. 89 -606. The following items were pulled for individual consideration by the Council: J. Consider report on Moorpark Country Days planned activities; and Consider Funding Mariachi. Band. Staff recommended the report be received and filed, and that Staff be directed as deemed appropriate regarding the Mariach.i Band. Deputy City Manager Richard Hare reviewed his written report to the Council, highlighting those areas of City participation as follows: permit processing; joint staffing of Chamber/City booth; Deputy City Manager and Moorpark Police Department supervisor to be available during the event; street sweeping services; barricades; law enforcement services; closure of High Street; temporary closure of Poindexter, Moorpark Avenue and High Street. Minutes of the City Council Moorpark, California Page 5 August 16, 1989 City Manager Kueny advised that Staff will be proposing the use of the City Bus to run its regular route during the Country Days event. This would serve to advertise the City's bus system, as well as curb some of the traffic congestion in the downtown area. Estimated cost of the bus service is $300.00. Deputy City Manager Hare estimated the total. cost to the City as being approximately $4,000. Councilmember Perez suggested the Council consider financing a Mariachi Band for the event in honor of Mexico's Independence Day. Estimated cost. Is approximately $1,000. In response to the Council, Lt. Rodriguez estimated $500 to extend the Sheriff's coverage through the street dance. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to appropriate $750.00 from the General Fund Reserve to cover the cost of extending Sheriff's coverage through the street dance; and to appropriate $500 from the Recreation Special Events Fund to secure a Mariachi Band for the event. The motion carried by an unanimous roll call vote. 8.M. Code Enforcement Status Report - A_.report _retarding_ code enforcement activity for April_ to _ July, _19.89. Staff recommended the report be received and filed. In response to Councilmember Perez, Director of Community Development Pat Richards advised that increased enforcement of overcrowding codes began the end of July and therefore is not reflected in the report before the Council. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to receive and file the report. The voice vote was unanimous. B.N. Minor Modification #6, Griffin _Homes _ RPD 1041, Tract_.No. 3963-3). Staff recommended the report be received and filed. In response to Councilmember Lawrason's expressed concern with the fencing modification, Director of Community Development Pat Richards advised that the modification is required due to a V -ditch across lots 302 through 314. By modifying the approved slumpstone block wall to 6 -foot high wrought iron fencing, drainage could successfully occur. In addition, Mr. Richards advised that as a condition of this Minor Modification, Grtffin Homes is being required to landscape the open space currently existing between the upper school yard fence and the newly installed Griffin fence, with the Homeowner's Association to maintain this area. Minutes of the City Council Moorpark, California Page 6 August 16, 1989 MOTION: Councilmember Lawrason moved and Councilmember Montgomery seconded a motion to receive and file the report. The voice vote was unanimous. 8.P. Consider approval of final text of _the Downtown Study. Staff recommended approving the Downtown. Study and directing the Community Development Committee to work with staff to develop a program implementing the basic design elements. Councilmember Lawrason commented that the Council and Staff have spent a lot of time on this project, and that he hoped the action taken tonight is only the beginning of the process and that the City will. move forward to create the downtown character that is portrayed In this document. Councilmember Harper encouraged the Council to proceed with designing a manual for the downtown area to implement the theme that is sketched in the Downtown Study. MOTION: Councilmember Lawrason moved and Councilmember Perez seconded a motion to approve the Downtown Study and direct the Community Development Committee to work with staff to develop a program and manual to implement On basic design elements. The voice vote was unanimous. 9. PUBLIC HEARINGS 9.A. Planned Development Permit No. PD_ -966 Major Modification No. 89 -1 - proposed restaurant with fixed bar. Staff recommended that they be directed to draft a resolution of approval to be returned to the Council at its meeting of September 6, 1989 for adoption. Senior Planner, Paul Porter, summarized the Staff Report by advising that the Council had previously approved an appeal on the height restriction of the restaurant building, and denied the appeal on the requirement for a major modificiation concerning the fixed bar. As a result of this action, Mash Associates filed a Major Modification to allow a fixed bar. Subsequently, Staff has revised the Conditions of Approval for the shopping center (Moorpark Plaza), and recommends the Council direct Staff to prepare a new resolution approving the revised Conditions of Approval, the Major Modification allowing the fixed bar subject to the revised Conditions of Approval, and rescinding Resolution No. 86 -266 which conditionally approved PD -966. Additionally, Staff recommends that the Council certify that the environmental effects of the proposed restaurant with the fixed bar are adequately addressed in the Mitigated Negative Declaration that was prepared for the shopping center. Councilmember Harper advised that he received a letter from Mash Associates this date concerning the Hearing matter. Minutes of the City Council Moorpark, California Page 7 August 16, 1989 Because of the last minute addition to the Hearing package, he recommended that the Council take public testimony and then postpone the Hearing to the next meeting. Mayor Brown opened the Public Hearing. 9.A.1. John Mays (2903 Valmer.e, Malibu, CA) Development Manager, Mash Associates, addressed the Council concerning the revised conditions for the existing shopping center; and distributed to the Council and City Clerk pictures of existing signage in and around the shopping center. He stated that the new conditions of approval are written in such a manner that the Director of Community Development could require Mash Associates to take all the administrative steps to obtain a zone clearance for the restaurant that were previously undertaken to build the main building and two other free- standing structures. Additionally, he identified specific conditions which Mash Associates felt are unreasonable and /or unwarranted, including: 1) Hours of operation; 2) Temporary use permit; 3) Signage; 4) Monument signs; and 5) Penal Bond. Mr. Mays apologized to the Council for the late delivery of additional Hearing information. 9.A.2. Zouhair Younar (617 Ver.demont Circle, Simi. Valley) advised that he would be the proprietor of the new restaurant, and stated that he would conform to the restrictions on hours of operation; however he requested that if another similar business were opened in the City and approved for extended hours, that he also be allowed to extend his hours. 9.A.3. Gerald Goldstein (11932 Los Angeles Avenue) addressed the Council concerning the written materials submitted to the Council this date and which were not made available to the public prior to the Hearing. He suggested the Council postpone action on this matter until a later date. CONSENSUS: By consensus, the Council. determined to leave the Public Hearing open and continue this item to the next regular meeting. Councilmember Montgomery requested that Staff report on the origin of the required contributions to the Park System (Condition 24); Art in Public Places (Condition 25); and Commuter Computer Fund (Condition 26). 9.B. Resolution Authorizing Vehicle Code Enforcement in the Moorpark Plaza (MASH)_ - 530 New Los_ Angeles Avenue. Staff recommended approval of Resolution No. 89.607 declaring certain private roads in the Moorpark Plaza subject to the California Vehicle Code. Minutes of the City Council Moorpark, California Page 8 August 16, 1989 Mayor Brown opened the Public: Hearing. Being no persons present to speak on the item, Mayor Brown declared the Public Hearing closed. Lt. Richard Rodriguez made certain changes to the Resolution before the Council, and recommended its approval as amended. MOTION: Council.member Harper moved and Council.member Montgomery seconded a motion to adopt Resolution No. 89 -607 as amended, finding and declaring certain private roads in the Moorpark Plaza Shopping Center area within the City subject to the California Vehicle Code. The motion carried by an nnnnimous voice voice. AT THE HOUR OF' 9:00 P.M., Mayor Brown declared a recess. The Meeting reconvened at the hour of 9:20 p.m. 9.C. Industrial Planned Development Permit No. IPD 88 -2 and Variance No. V -88 -2 (Riddle) - proposed industrial planned development permit to construct 24,000 sq. ft. automotive center on 1.35 acre site; variance request to allow a zero foot setback along sides of pr_qp erty in lieu of_required 30 feet landscaping setback___along, one_ side of the site located at 13840 E. Los _A__ngeles_A_venu_e. Staff recommended denial without prejudice. Senior. Planner Deborah Traffenstedt presented the Staff Report, explaining the Planning Commission's recommendation for denial without prejudice was based primarily on the project's requirement for front and side yard setback variances that the Commission did not consider justified. Additionally, the applicants expressed opposition to three mitigation measures: 1) Replacement for all 20 trees to be removed by project construction; 2) Relocation assistance to the renters living in the two single- family houses on the project site; and 3) Execution of a covenant agreeing to participate in the formation of and be subject to any assessment district or other financing technique to provide funds for public street and traffic improvements to meet the demand generated by cumulative development in the City. Another issue discussed in detail at the Planning Commission hearing was the existing right -of -way and future alignment for Highway 118 which traverses a portion of the proposed front setback for the project. Staff's recommendation for denial of the IPD permit and variance is based on these same concerns. Mayor Brown opened the Public Hearing. Staff advised that correspondence was received from Clifford and Christine May (13853 E. Los Angeles Avenue) in opposition to the project. tint iI the right -of -way and alignment for Highway 118 is resolved. Minutes of the City Council Moorpark, California Page 9 August 16, 1989 9.C.1. John Newton (165 High Street, Suite 204) representing the applicants, defended the project by addressing the following: 1) The building should not be reversed because of safety and security issues; 2) Proponents feel they have met the intent of the requirement for a 30' Front setback, and the side setbacks are not necessary since. property on either side of the project is piibl.i.cly owned; 3) It is an industrial. project in an industrial zone and can meet the required parking spaces for an .industrial use; 4) Regarding the alignment study, proponents request that the project inauguration date be the date the City accepts the alignment study; and 5) Because this is a multi- tenant project, proponents request signs be allowed above each bay. 9.C.2. Thomas C. Wolfington (Village Engineering, 790 Hampshire Road, #B, Westlake Village, CA 91361) representing the applicants, addressed the Council concerning the alignment study and establishment of the right -of -way line. He advised that, in his opinion, there is now an agreement between the City Engineer and Village Engineering as to the location of the centerline, but not the ultimate right -of -way line. 9.C.1. John Newton returned to the lectern. In response to the Council, he advised that he did not know how many persons would be employed on the project site, but that no retail sales facilities would be located there. Mr. Newton further advised that while the proponents are reluctant to agree to traffic mitigation fees, this condition would be met if it were the only .item holding up the approval. of the project. Mayor Brown declared the Public Hearing closed. AT THE HOUR OF 11:00 P.M., Mayor Brown declared a recess. The meeting reconvened at the hour of 11:20 p.m. Assistant City Engineer John Knipe reported regarding the alignment study relative to Condition 59. AT THE HOUR OF 11:30 P.M., Mayor Brown declared a recess. The meeting reconvened at the hour of 11:38 p.m. City Manager Kueny suggested that the Council direct the applicant to work with the City Engineer to complete an abbreviated alignment study of the Highway 118 corridor, beginning at the slopes on the north side, and determine what an 80' or 90' right -of -way would do to that curve. Once that is determined, the impact on the subject property will be known, and the Community Development Committee can work with the applicant regarding setbacks and the siting of the building. City Manager suggested both these items be completed in time for the Connci.].'s consideration on September 6, 1989. Minutes of the City Council Moorpark, California Page 10 August 16, 1989 MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to direct the applicant, in cooperation with the City Engineer, to complete an alignment study as outlined by the City Manager; to meet with the Community Development Committee to consider modifications to the current plan, with both items being completed in time for presentation to the Council on September 6, 1989. The voice vote was unanimous. 9.D. Draft Housing Element (March-.1989)—of-.the General Plan. - A draft of the revised Housing Element of the City's General Plan_ as �eriodic�dati g reguired _by State law._ Staff recommended they be directed as deemed appropriate. CONSENSUS: By consensus, the Council determined to continue this item to the next regular meeting. 10. COMMENTS FROM COUNCILMEMBERS In response to Councilmember Perez, City Manager Kueny advised that the Code Enforcement Officer will meet with the Homeowner's Association regarding the landscaping on the north side of Campus Park Drive. Mayor Brown advised that she had been contacted by two citizens regarding a "reward" fund for the apprehension of person(s) who killed Chester. In response to Mayor Brown, City Attorney Cheryl Kane advised that during a closed session of the City Council for the discussion of litigation, the attorney must be present. City Attorney to check on the Attorney General's opinion as to whether "present" means physically or audibly. 10.A. Appointment to Parks and Recreation_ Commission. This item deferred to the next regular meeting. 10.B. Appointment to Planning Commission. This item deferred to the next- regular meeting. 11. DISCUSSION ACTION ITEMS 11.A. Consider Proposed Letter to County of Ventura Regarding Year 2,000 Advisory Committee Action. Staff recommended the Mayor be directed to send a letter to the Board of Supervisors. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to authorize the Mayor to send a letter to the Board of Supervisors outlining the City's concerns regarding future planning. The voice vote was unanimous. Minutes of the City Council Moorpark, California Page 11 August 16, 1989 11.B. Consider requested background ._information on L.A. Avenue (Virginia Colony). Staff recommended they be directed as deemed appropriate. This item was continued to the next regular meeting. 11.C. Consider list of road improvement projects for inclusion in proposed spending plan for 1/2 cent sales tax measure. Staff recommended the selection of three projects for inclusion in the proposed spending plan. Administrative Assistant Susan Canldwell presented the Staff report advising that the Transportation Committee recommends a revised allocation formula (from that proposed by the Ventura County Transportation Commission) for the proposed half -cent sales tax spending plan to 20% for transit, Transportation Demand Management and ride sharing to be apportioned on a population basis; 30% for local streets and roads to be apportioned on a population basis; and 50% for state highways, freeways, and intercity roads. Additionally, the Committee recommended the following three projects for inclusion in the spending plan for the intercity road system: a) Extend Spring Road from Charles Street to Walnut Canyon Road; b) Extend a road from Walnut Canyon Road to Balcom Canyon Road; and c) Widen SR 118 west of city limits to SR 34. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to approve the recommendation of the Transportation Committee on the proposed half. -cent sales tax spending plan with regard to a revised allocation formula, list of local projects, ranking criteria, and no replacement of previously committed state revenues with sales tax revenues as described in this report; and to authorize the Mayor to send a letter to the Chairperson of VCTC outlining the City's position on these matters. Discussion followed regarding tho importance of the Highway 118 Bypass project. MOTION AMENDMENT_ Councilmember Montgomery moved and Councilmember Harper seconded a motion to amend the main motion to replace the Committee's project "c" (Widen SR 11.8 west of city limits to SR 34) with the Highway 1.18 Bypass project. The voice vote was unanimous. VOTE ON MAIN MOTION AS AMENDED: The voice vote was unanimous. 11.1). Consider Countywide Tree 1 Natural and Historical - - - -- Vegetation Preservation Ordinance _ -_a report regarding a proposal to establish ve etat_ion _protection throughout_the County. Staff recommended they be directed as deemed appropriate. Minutes of the City Council Moorpark, California Page 12 August 16, 1989 This item was continued to the next regular meeting. 11.E. Consider Request from Moorpark Community Arts Council for 325 to_apply for Non - profit Status_. Staff recommended they be directed as deemed appropriate. CONSENSUS:_ By consensus, this item was pulled from the Agenda. 11.17. Consider joining brief of amici curiae in the case of La Quinta Dunes v. City of,La Quinta. Upon recommendation of City Attorney Cheryl Kane, the following motion was heard: MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to authorize the City to join the brief of amici curiae in the case of La Quinta Dunes v. City of La Quinta. The voice vote was unanimous. 11.G. Consider approval to re -site the Senior Citizen facility to avoid an enroachment of the Southern California Edison Company (SCE). -- - - - - -- - - -. - - - - - -- - - -- City Manager. Kueny advised that due to an encroachment of SCE facilities, it is necessary to shift the addition to the Senior Citizen Center approximately 15 feet north. Ile requested authorization to sign a contract, not to exceed $2,000, for the re- design. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to approve shifting the addition to the Senior Center approximately 15 feet to the north to avoid the SCE encroachment; and to authorize the City Manager to sign a contract, not to exceed $2,000, for the re-design. The voice vote was unanimous. 11.H. Consider Resolution No. 89 -608 approving the application for grant funds for the Urban Forestry Grant Program under the California Wildlife, Coastal and Park Land Conservation Bond Act of 1988 for the Street Tree Beautification Pro ect_ MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to adopt Resolution No. 89- -608. The voice vote was unanimous. 12. ORDINANCES 12.A. Consider Ordinance No. 112_ for second reading and adoption. An Ordinance amending the City's Zoning Code to allow Child Day Care Centers within all Commercial and Industrial Zones. Minutes of the City Council Moorpark, California Page 13 August 16, 1989 MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to read Ordinance No. 11.2 in title only. The voice vote was unanimous. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to declare Ordinance No. 112 read for the second time and adopted as read. The voice vote was unanimous. 12.B. Consider introduction of Ordinance No. 113. An Ordinance amending the City's Zoning Code related to "For Rent" and "For Lease" signs -in multi- family zones. City Attorney Cheryl Kane noted several changes to the text of the Ordinance, and then read the Ordinance in title. MOTION: Councilmember Lawrason moved and Councilmember Montgomery seconded a motion to waive further reading and declare Ordinance No. 113 read in title only. MOTION: Councilmember Lawrason moved and Councilmember Montgomery seconded a motion to declare Ordinance No. 113 introduced and read for the first time. The voice vote was unanimous. 12.C. Consider introduction of Ordinance No. 114 amending Ordinance No. 41. An Ordinance related to Rubbish Collection Hours. City Attorney Cheryl Kane read Ordinance No. 114 in title. MOTION: Councilmember Perez moved and Councilmember. Lawrason seconded a motion to waive further reading and declare Ordinance No. 114 read in title only. The voice vote was unanimous. CONSENSUS: By consensus, the Council determined to defer action on this item. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to reconsider this item. The voice vote was unanimous. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to rescind the action on this item. The voice vote was unanimous. City Attorney Cheryl Kane made several changes to the Ordinance and then read it In title. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to waive further reading and declare Ordinance No. 114 read in title only. The voice vote was unanimous. Minutes of the City Council Moorpark, California Page 14 August 16, 1989 MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to declare Ordinance No. 114 introduced and read for the first time. The voice vote was unanimous. 13. FUTURE AGENDA ITEMS Councilmember Harper requested that consideration of the Williams Ranch Road barrier be agendized. Councilmember Lawrason requested that designation of a delegate for the League of California Cities` Conference be agendized. 14. CLOSED SESSION MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to adjourn into Closed Session at the hour of 12:30 a.m. for discussion of the following .items: 14.B. - Potential litigation pursuant to Government Code Section 54956.9(b)(1); 14.E. - Litigation concerning Moorpark Unified School District vs. City of Moorpark; 14.11. - Litigation concerning Villa Del Arroyo vs. City of Moorpark; 14.I. - Litigation concerning City of Moorpark vs. Fedelety Corporation (Arroyo Vista Park); and 14.J. - Ventura County Community College District vs. City of Moorpark. The voice vote was unanimous. Present in the Closed Session were all Councilmembers; Steven Kueny, City Manager; Cheryl Kane, City Attorney; and Richard Hare, Deputy City Manager. The meeting reconvened into open session at the hour of 1:30 a.m. City Manager Kueny advised there was no action to report as a result of the Closed Session. 15. ADJOURNMENT CONSENSUS: By consensus, the Council determined the adjourn the meeting at the hour of 1:32 a.m. /, -Z� - -1 Ik zll-� , Eloise Brown, Mayor ATTEST: