HomeMy WebLinkAboutMIN 2010 0707 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California July 7, 2010
A Regular Meeting of the City Council of the City of Moorpark was held on July 7, 2010,
in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark,
California.
1. CALL TO ORDER:
Mayor Parvin called the meeting to order at 7:07 p.m.
2. PLEDGE OF ALLEGIANCE:
Ron Ahlers, Finance Director, led the Pledge of Allegiance.
3. ROLL CALL:
Present: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and
Mayor Parvin.
Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney;
Hugh Riley, Assistant City Manager; Yugal Lall, City
Engineer /Public Works Director; David Bobardt, Community
Development Director; Ron Ahlers, Finance Director; David
Moe, Redevelopment Manager; Shaun Kroes, Senior
Management Analyst; Allen Walter, Landscape /Parks
Maintenance Superintendent; Captain Ron Nelson, Sheriff's
Department; Deborah Traffenstedt, Administrative Services
Director /City Clerk; and Blanca Garza, Deputy City Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
A. Ventura County Fair Poster Presentation.
Ginger Gherhardi, Member of the Board of Directors for the Ventura
County Fair, presented the 2010 Ventura County Fair Poster to Council
and the City depicting the theme "Western Nights and Carnival Lights ".
5. PUBLIC COMMENT:
Jayla Rogers - Haxton, Gabbert Road Resident, stated she is concerned over
needed weed - abatement and brush clearing on developer owned properties
along Gabbert Road and appreciates assistance with fire prevention for the
safety of her neighborhood and family.
Cindy Hollister, Gabbert Road Resident, stated she was in attendance to follow -
up on her weed abatement request from the last City Council meeting. She would
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Moorpark, California Page 2 July 7, 2010
like assistance to ensure the owners of Hitch Ranch, A -B Properties Industrial
Park, and the Rasmussen Property be required to abate weeds and brush so
their properties are safe and in compliance. She requested a minimum 100 -foot
weed and brush abatement clearance on both sides of Gabbert Road, from the
rail road tracks to the end of the Rasmussen Property to create a necessary 221 -
foot fire break.
Dan Hicks, Behavioral Health Manager of Alcohol and Drug Programs
(Preventative Services) with Ventura County Behavioral Health, spoke in support
of Item 11.A. and provided the Council with relevant information and resources.
AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the
Moorpark Redevelopment Agency. The time was 7:27 p.m. The City Council meeting
reconvened at 7:28 p.m.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS /CONFERENCES ATTENDED BY COUNCILMEMBERS AND
MAYOR:
Councilmember Pollock announced he attended a ribbon cutting ceremony at
Los Robles Hospital which is now designated as the Trauma Center for East
County.
Councilmember Pollock announced he attended a tour of the Simi Valley Water
Treatment Plant with Yugal Lall, City Engineer /Public Works Director.
Councilmember Millhouse requested a future agenda item to discuss the status
of the 23 Freeway soundwall.
Councilmember Millhouse requested a future agenda item on the July 21, 2010,
Agenda to discuss weed abatement with respect to the status of the County's
enforcement of set -back clearance.
Councilmember Millhouse requested a future agenda item to place a radar sign,
increase enforcement, and other speed control options to slow down traffic on
the northbound side of the Spring Road extension.
Councilmember Millhouse requested a future agenda item to discuss the pros
and cons of a potential crosswalk from the development in the Highlands,
crossing the street, to the park area near the neighborhoods of Cherry Hill and
Shenandoah.
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Moorpark, California Paae 3 July 7, 2010
Councilmember Mikos announced she attended the groundbreaking of the Simi
Valley Compressed Natural Gas Facility along with other Councilmembers.
Councilmember Mikos announced she attended the Chamber Mixer along with
Councilmember Van Dam and Mayor Parvin.
Councilmember Mikos announced she attended the Santa Monica Mountains
Conservancy meeting and provided an update on current projects.
Councilmember Mikos requested staff look into the signal light timing and
synchronization on Los Angeles Avenue and Tierra Rejada Road /Maureen Lane.
Councilmember Van Dam thanked staff for all the work put into the 3rd of July
event.
Mayor Parvin thanked staff for the playground equipment which was installed
July 2nd at Arroyo Vista Community Park for the 3rd of July event.
Mayor Parvin announced the community may spend their summer relaxing at
Zuma Beach, enjoying volleyball, boogie boarding, swimming and lounging on
the sand. The Moorpark Beach Bus runs Tuesday through Thursday until August
19th.
Mayor Parvin announced the Moorpark Summer Youth Bus Pass is now on sale
at City Hall and Arroyo Vista Recreation Center from June 1 until September
11th.
Mayor Parvin announced she attended a meeting, along with Councilmembers
Mikos and Pollock, at the Simi Valley Transit Maintenance Facility.
Mayor Parvin announced she attended the Annual Ventura Council of
Governments (VCOG) Meeting, along with Councilmembers Mikos and
Millhouse.
Mayor Parvin announced she attended the Ventura County Amateur Radio
Societies Field Day at the Ronald Reagan Library.
Mayor Parvin announced she and Councilmember Mikos attended an Ad -Hoc
Committee meeting relative to the Moorpark West Studios project which is
moving forward and will be considered by the Planning Commission in the future.
8. PUBLIC HEARINGS:
A. Consider Residential Planned Development No. 2009 -02, a Request to
Construct 133 Detached Single- Family Homes and a Private Recreational
Facility; Tentative Tract Map No. 5860, a Request to Subdivide the 21.8
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Moorpark, California Page 4 July 7, 2010
Acre Property into 133 Residential Lots with Private Streets; Amendment
No. 2 (erroneously advertised as Amendment No. 1) to Specific Plan No.
2, Moorpark Highlands, to Change Planning Area No. 7 from a School Site
to a Residential Planned Development Site; Zoning Ordinance
Amendment No. 2009 -01, a Request to Amend Chapter 17.74 of the
Moorpark Municipal Code to Create Zoning Development Standards for
Planning Area No. 7: and Development Agreement No. 2009 -01, Located
at the Southeast Corner of Elk Run Loop and Ridgecrest Drive, on the
Application of Pardee Homes (APN 513 -0- 070 -1551. Staff
Recommendation: 1) Open the public hearing, accept public testimony
and close the public hearing; 2) Adopt Resolution No. 2010 -2935,
approving Amendment No. 2 (erroneously advertised as Amendment No.
1) to Specific Plan No. 2, Moorpark Highlands; 3) Introduce Ordinance No.
390, approving Zoning Ordinance Amendment No. 2009 -01 for first
reading, waive full reading, and schedule second reading and adoption for
July 21, 2010; 4) Introduce Ordinance No. 391, approving Development
Agreement No. 2009 -01 for first reading, waive full reading, and schedule
second reading and adoption for July 21, 2010; and 5) Adopt Resolution
No. 2010 -2936 approving Residential Planned Development Permit No.
2009 -02 and Tentative Tract Map No. 5860, subject to Conditions of
Approval.
Mr. Bobardt gave the staff report.
The following issues were discussed by the Councilmembers and staff: 1)
A correction on stamped page 46, section 1, to add language at the
beginning of section 1 after, The City Council to read, "adopts Addendum
No. 1 to the Final EIR for the Moorpark Highlands Specific Plan No. 2
Project and "; and 2) A correction on stamped page 134, section 7, to
replace "elevation" on the end of the fourth line, with "grade ".
Mayor Parvin opened the public hearing.
Johnny Weymouth, a Moorpark resident spoke in opposition to the
rezoning of the neighborhood school land and expressed his desire to
have a school in his neighborhood.
Tracy Weymouth, a Moorpark resident spoke in opposition to the rezoning
of the school land in her neighborhood and requested the Council
consider maintaining the current zoning for a school.
John Weymouth, a Moorpark resident spoke in opposition to the rezoning
of the school land, indicating his major reason for purchasing the property
in Meridian Hills was because of the school site.
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Moorpark, California Page 5 July 7, 2010
Earl Warren, a Moorpark resident commented as a Moorpark Highlands
homeowner and as a representative for his wife and son, with regard to
the bonded indebtedness and stated any approved transaction must
include Moorpark Highlands, the parent association, in this new
association by annexation or otherwise.
Mike Johnson, a Moorpark resident spoke in opposition of rezoning the
Moorpark Highlands school property and approving the project to
construct 133 homes. Mr. Johnson requested the Council consider a delay
on this project to consider rezoning to a private or charter school or a
church.
In response to Mayor Parvin, Ms. Traffenstedt summarized six (6) Written
Statement cards. Five (5) in favor of the rezoning of the land, with one (1)
of the cards including a comment if this site is kept for a school, the
School District is not interested or financially able to put in a school. The
Mello Roos would be paid toward something that will not happen, makes
more sense to build additional homes and complete the neighborhood.
One (1) comment concerned about impact of Mello Roos taxes if the
homes are not built.
The following issues were discussed by the Councilmembers and staff: 1)
Ensure Happy Camp Canyon Regional Park is named correctly on the
Final Map; 2) Show the location of the sound wall; 3) Ensure there are a
total of three trail connections to Happy Camp Canyon Regional Park, per
stamp page 63, at P.O.S. 17, from Ridgecrest Drive, and by the park; 4)
The trails within the project site and the multi -use trail to be constructed to
the east of this project will be maintained by the landscape maintenance
district; 5) The timeline of the project; 6) Placement of a median on Elk
Run Loop from Ridgecrest Drive to Grottoes Way; 7) Modified knuckle
intersections in the project; and 8) Approval of a full wall for the homes
next to the park. Jim Bizzelle from Pardee Homes stated they have read
and accept all the conditions of approval as discussed.
Mayor Parvin closed the public hearing.
Mr. Montes read the title of Ordinance No. 390.
Mr. Montes read the title of Ordinance No. 391.
MOTION: Councilmember Millhouse moved and Councilmember Pollock
seconded a motion to: 1) Adopted Resolution No. 2010 -2935, as amended to
correct stamped page 46, section 1, by adding language at the beginning of
section 1 after, The City Council to read, "adopts Addendum No. 1 to the Final
EIR for the Moorpark Highlands Specific Plan No. 2 Project and "; 2) Waived full
reading, introduced Ordinance No. 390 for first reading, and scheduled second
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Moorpark, California Page 6 July 7, 2010
reading and adoption for July 21, 2010; 3) Waived full reading, introduced
Ordinance No. 391 for first reading, and scheduled second reading and adoption
for July 21, 2010; and 4) Adopted Resolution No. 2010 -2936, as amended to
correct stamped page 134, section 7, to replace "elevation" on the end of the
fourth line, with "grade ". The motion carried by unanimous roll call vote.
B. Consider Completing the Annexation of Former School Site in Moorpark
Highlands to Community Facilities District 2004 -1 by Adopting a
Resolution Annexing Territory to Community Facilities District, Authorizing
the Levy of a Special Tax in the Annexed Area and Submitting Levy of Tax
to Qualified Electors; and by Adopting a Resolution Declaring the Results
of Special Annexation and Amendment of Rate and Method of
Apportionment, of the Special Tax Election, Determining Validity of Prior
Proceedings and Directing Recording of Amended Notice of Special Tax
Lien. Staff Recommendation: 1) Open the public hearing and accept
public testimony; 2) Close the public hearing; 3) Adopt Resolution No.
2010 -2937; 4) Announce election results; and 5) Adopt Resolution No.
2010 -2938.
Mr. Hugh Riley gave the staff report.
The following issues were discussed by the Councilmembers and staff: 1)
Existing homeowners who paid in advance are included in the calculation
and are receiving the same benefit; 2) The annexation will benefit the
property owners on the upcoming November 2010 tax bill; and 3) Staff
clarified only the 126 market rate units are included, the seven affordable
units are not included.
Mayor Parvin opened the public hearing.
Greg Gordon, a Moorpark resident questioned the time -line to build -out
the Magnolia development and requested the maximum return on the
Mello Roos to benefit the homeowners.
In response to Mayor Parvin, Ms. Traffenstedt summarized one (1) Written
Statement card commenting they are currently in escrow for a home in the
Moorpark Highlands stating if the school is built and the homes are not,
they will extricate themselves from the deal given the current financial
environment as they don't believe home sales or prices will react well to
such incredibly high Mello Roos taxes.
Mayor Parvin closed the public hearing.
MOTION: Councilmember Pollock moved and Councilmember Van Dam
seconded a motion to adopt Resolution No. 2010 -2937, calling the election,
authorizing the annexation of territory to Community Facilities District 2004 -1,
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Moorpark, California Page 7 July 7, 2010
authorizing the levy of a special tax in the annexed area and submitting levy of
tax to qualified electors. The motion carried by unanimous voice vote.
Ms. Traffenstedt announced the election results stating she has received a
vote of 100% of the landowners in the annexed area and the vote is 100%
yes.
MOTION: Councilmember Van Dam moved and Councilmember Pollock
seconded a motion to adopt Resolution No. 2010 -2938, effectuating the
annexation, declaring results of special annexation to Community Facilities
District 2004 -1 and amendment of rate and method of apportionment of special
tax election, determining validity of prior proceedings and directing recording of
amended notice of Special Tax Lien, authorizing the levy of a special tax in the
annexed area and submitting levy of tax to qualified electors, including the
confirmation that the annexation map was recorded on June 30, 2010, in book 19
page 76. The motion carried by unanimous voice vote.
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider the Amendment of Agreement for Construction of Subdivision
Improvements Related to Condition No. 48 of Tentative Tract Map No.
5045 (Pardee Homes). Staff Recommendation: Approve Amendment No.
2 to the Agreement for Construction of Subdivision Improvements Related
to Condition No. 48 of Tentative Tract Map No. 5045, subject to final
language approval by the City Manager and City Attorney.
Mr. David Bobardt gave the staff report.
The following issues were discussed by the Councilmembers and staff: 1)
Include a clarification to stamped page 181, section 5, for Pardee to
maintain the existing trail connections to meet with the grading of roads;
and 2) Include another clarification on stamped page 181, section 1,
seeking to make clarification to have the definitions all track through which
will be covered under the modification approved under Item 8.A. subject to
final language approval by the City Manager and City Attorney. There
were no speakers.
MOTION: Councilmember Millhouse moved and Councilmember Pollock
seconded a motion to approve Amendment No. 2 to the Agreement for
Construction of Subdivision Improvements related to Condition No. 48 of
Tentative Tract Map No. 5045, as amended for Pardee to maintain the existing
trail connections to meet with the grading of roads and the definitions all track
through which will be covered under the modification approved in Item 8.A.
subject to final language approval by the City Manager and City Attorney. The
motion carried by unanimous voice vote.
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AT THIS POINT in the meeting, the Mayor declared a City Council recess at 9:56 p.m.
and reconvened the meeting at 10:17 p.m.
B. Consider the County of Ventura Application for Conditional Use Permit No.
LU09 -0143 - Outdoor Temporary Event Facility, Located at 3900 Brennan
Road. Staff Recommendation: Direct staff to send a comment letter to
the County of Ventura as drafted in this Agenda Report.
Mr. Bobardt gave the staff report.
The following issues were discussed by the Councilmembers and staff: 1)
Repaving of Brennan Road to ensure dirt and mud do not end up on
Tierra Rejada Road; 2) Safety concerns for left -turns from Brennan Road
onto Tierra Rejada Road; 3) Recommendation to revisit conditions if an
annoyance becomes an issue later; 4) Lighting concerns; 5) Noise
concerns; 6) Hours of operation; 7) Condition to reimburse City if dirt or
mud is tracked onto a City street from their event; and 8) Request to be
notified of their event calendar.
Debra Tash, applicant for the Conditional Use Permit, 5777 Balcom
Canyon Road, Somis, CA, spoke in opposition to the comment letter with
regard to repaving of Brennan Road and hours of operation. Ms. Tash
agreed with safety concerns for left -turns from Brennan Road onto Tierra
Rejada and stated she was willing to place a no left -turn sign, at her
expense. Ms. Tash indicated the lighting is soft and low to preserve a
romantic atmosphere. The applicant also indicated they are proposing to
add a device to automatically stop the music if the noise reaches a certain
level. Ms. Tash agreed to maintain Brennan Road so dirt or mud will not
get onto Tierra Rejada Road and agreed to reimburse the City if street
sweeping needs arise on a City street caused by an event at their location.
Carole Alary, applicant's Permit Agent commented with regard to the
feasibility of the repaving of Brennan Road and traffic impact concerns.
The following issues were discussed by the Councilmembers and staff: 1)
No changes to the traffic comments; 2) Ask County for advance
notification of event dates; 3) Request Condition for the City to be
reimbursed if there are street sweeping needs on Tierra Rejada Road
caused by an event at this location; 4) No changes to the Stormwater
Quality comments; 5) Support County lighting regulation requirement to
have it be a certain height level; 6) Turn off sound at 11:00 p.m. as well as
control for noise intensity; 7) Lighting to be turned off at 11:30 p.m.; 8) Ask
County to study if the right -hand turns are able to be made safely; and 9)
Include the standard nuisance language and a condition to re- evaluate
conditions if they become a nuisance, which affect the staff
recommendation and are reflected in the motion below.
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Moorpark, California Page 9 July 7, 2010
CONSENSUS: It was the consensus of the Council to direct staff to amend and
incorporate additional comments into the comment letter to the County of
Ventura specific to: 1) Asking the County for advance notification of event dates;
2) Request Condition for the City to be reimbursed if there are street sweeping
needs on Tierra Rejada Road caused by an event at this location; 3) Support
County lighting regulation requirement to have it be a certain height level; 4) Turn
off noise at 11:00 p.m. as well as ensure controls for noise decibels; 5) Lighting
to be turned off at 11:30 p.m.; 6) Ask County to study if the right -hand turns are
able to be made safely; and 7) Include the standard nuisance language and a
condition to re- evaluate conditions if they become a nuisance.
C. Consider an Ordinance Revising Chapter 12.16 of the Moorpark Municipal
Code (MMC), Including Changing the Title of Chapter 12.16 to Parks and
Open Space and Adding Section 12.16.200, Dog Park. Staff
Recommendation: 1) Introduce Ordinance No. 392 for first reading, waive
full reading, and direct staff to schedule second reading and adoption for
July 21, 2010; and 2) Authorize the City Manager to approve Dog Park
signage consistent with Sections 12.16.030 and 12.16.190.
Ms. Deborah Traffenstedt gave the staff report.
There were no speakers.
MOTION: Councilmember Van Dam moved and Councilmember Pollock
seconded a motion to introduce Ordinance No. 392 for first reading, as amended
to revise Section 12.16.160, Requirement and enforcement of park rental
permits, which was reformatted to improve the readability and add clarification
that a park rental permit also regulates service performers and anything that is
being brought into and impacting the park and Section 12.16.210 Parking
restrictions; and schedule second reading and adoption for July 21, 2010. The
motion carried by unanimous voice vote.
MOTION: Councilmember Pollock moved a motion to authorize the City
Manager to approve dog park signage.
Councilmember Mikos clarified an amended motion was necessary to
approve dog park signage, consistent with the amended and re- numbered
Sections 12.16.030 and 12.16.200.
AMENDED MOTION: Councilmember Pollock amended his motion and
Councilmember Mikos seconded the amended motion to authorize the City
Manager to approve dog park signage, consistent with the amended and re-
numbered Sections 12.16.030 and 12.16.200. The amended motion carried by
unanimous voice vote.
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Moorpark, California Page 10 July 7, 2010
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Councilmember Mikos moved and Councilmember Van Dam seconded a
motion to approve the Consent Calendar. The motion carried by unanimous roll call
vote.
A. Consider Minutes of Regular Meeting of June 2, 2010. Staff
Recommendation: Approve the minutes.
B. Consider Warrant Register for Fiscal Year 2009/2010 — July 7, 2010. Staff
Recommendation: Approve the warrant register.
C. Consider Letter from External Auditors Regarding Fiscal Year 2009/10
Audit. Staff Recommendation: Receive and file.
D. Consider Resolution Adopting Loan Agreement between the City of
Moorpark and the Moorpark Redevelopment Agency. Staff
Recommendation: Adopt Resolution No. 2010 -2939. ROLL CALL VOTE
REQUIRED.
E. Consider VISTA -East Cooperative Agreement Amendment for Commuter
Bus Services. Staff Recommendation: Authorize the Mayor to sign the
Amendment to the Cooperative Agreement.
F. Consider Resolution Amending the Fiscal Year 2010/11 Budget for the
Purchase of a Concrete Grinder. Staff Recommendation: Adopt
Resolution No. 2010 -2940. ROLL CALL VOTE REQUIRED.
G. Consider Resort of Annual Development Aareement Review. Established
in Connection with Canterbury Lane (Tract No. 5425), Located on the
South Side of Los Anaeles Avenue East of Fremont Street, on the
Application of Shea Homes. Staff Recommendation: 1) Accept the
Community Development Director's Report and recommendation, on the
basis of substantial evidence, that Shea Homes, Limited Partnership has
complied in good faith with the terms and conditions of the Agreement;
and 2) Deem the annual review process complete.
H. Consider the Selection of Republic ITS for Traffic Sianal Modification. and
Installation of Six Pedestrian Countdown Displays for Crosswalks on Los
Anaeles Avenue at Tierra Reiada Road /Gabbert Road (Proiect 8046).
Staff Recommendation: Award a construction contract to Republic ITS in
the amount of $9,951.00 for the subject project, and amend the
construction contract for project contingencies in an amount not to exceed
$1,500.00 if and when the need arises for extra work and services.
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Moorpark California Page 11 July 7, 2010
Consider Amending Venco Western Inc. and Azteca Landscape, Inc.
Park Landscape Maintenance Agreements. Staff Recommendation:
Authorize the City Manager to execute Amendment No. 3 to the
Agreement with Azteca Landscape Maintenance Services and
Amendment No. 3 to the Agreement with Venco Western Landscape
Maintenance Services, consistent with the agenda report, subject to final
language approval by the City Manager and the City Attorney.
J. Consider Additional Assignment for the Finance, Administration and Public
Safety (FAPS) Committee: External Auditors Request to Interview Audit
Committee. Staff Recommendation: Approve additional assignment for
the FAPS Committee to serve as the Audit Committee to comply with SAS
99.
K. Consider Exoneration of Bonds for Peach Hill Medical Plaza, CPD 2007-
01, Tract Map 5743, Peach Hill Road. Staff Recommendation: Authorize
the City Clerk to fully exonerate the Grading & Improvements Bonds
SU5024335 and SU5024336.
L. Consider Two -Year Memorandum of Understanding (MOU) with Service
Employees International Union (SEIU) CTW, CLC, Local 721. Staff
Recommendation: 1) Authorize approval of a new two -year MOU for the
time period from July 1, 2010, through June 30, 2012, and authorize the
City Manager to sign the new MOU following final language approval by
the City Manager and City Attorney; and 2) Direct staff to schedule an
amendment of the Personnel Rules to incorporate the amendments
agreed to in the MOU and any other recommended revisions.
M. Consider Resolution Amending the Salary Plan for Competitive Service,
Non - Competitive Service and Hourly Employees and Rescinding
Resolution No. 2009 -2878. Staff Recommendation: Adopt Resolution
No. 2010 -2941.
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
A. Consider Ordinance No. 389 Adding Section 9.20.040, Drinking Games
Prohibited to Chapter 9.20, Alcoholic Beverages, of Title 9, Public Peace,
Morals and Welfare, of the Moorpark Municipal Code. Staff
Recommendation: Waive full reading and declare Ordinance No. 389
read for the second time, and adopted as read. ROLL CALL VOTE
REQUIRED
CONSENSUS: It was the consensus of the Council to continue this Item to the
City Council Meeting of July 21, 2010.
12. CLOSED SESSION:
Minutes of the City Council
Moorpark California Page 12 July 7, 2010
None was held.
13. ADJOURNMENT:
Mayor Parvin adjourned the meeting at 11:10 p.m.
ATTEST:
Maureen Benson, Assistant City Clerk
Z<t4'v�- &y4mll �- -
e S. Parvin, Mayor