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HomeMy WebLinkAboutAGENDA REPORT 1990 0815 CC REG ITEM 08AITEM 8- A . MINUTES OF THE CITY COUNCIL Moorpark, California July 11, 1990 A Special Meeting of the City Council of the City of Moorpark, California was held on July 11, 1990 in the Council Chambers of City Hall of said city, located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Perez called the meeting to order at 6:40 p.m. Present were Councilmembers Brown, Lawrason, Montgomery, and Mayor Perez; Steven Kueny, City Manager; and Cheryl Kane, City Attorney. Councilmember Harper was absent. Mr. Kueny informed the Council that the City had been served on a lawsuit by Colonial Mortgage concerning the 1985 Single Family Mortgage Revenue Bond Program on July 10, 1990, and asked that this be added to the agenda since need arose after the posting of the agenda. MOTION: Councilmember Montgomery moved and Councilmember Brown seconded a motion to add Litigation concerning Colonial Mortgage vs. City of Moorpark to the agenda, as need for action arose after the posting of the agenda. The motion carried 4 -0,, Council.member Harper absent. 2. CLOSED SESSION: MOTION: Councilmember Brown moved and Councilmember Montgomery seconded a motion to adjourn to Closed Session for a discussion of the following: A. Personnel. B. Potential litigation pursuant to Government Code Section 54956.9(b)(1). C. Potential litigation pursuant to Government Code Section 54956.9(c) D. Litigation concerning City of Moorpark vs. Moorpark Minutes of the City Council Moorpark, California Page .2 July 11, 1990 H. Negotiations for Real Property on the North Side of Tierra Rejada Road East of Spring Road (Pacifica Corp.) pursuant to Government Code Section 54945.8. I. Litigation concerning the Moorpark Mosquito Abatement District vs. City of Moorpark. J. Litigation concerning Colonial Mortgage vs. City of Moorpark. The motion carried 4 -0, Councilmember Harper absent. Present in Closed Session were all Councilmembers except Councilmember Harper; Steven Kueny, City Manager; and Cheryl Kane, City Attorney. MOTION: Councilmember Montgomery moved and Councilmember Lawrason seconded a motion to adjourn from Closed Session. The motion carried 4 -0, Councilmember Harper absent. Mr. Kueny stated there was no action to report out of Closed Session and only item 2.B. had been discussed. AT THIS POINT in the meeting a 10 minute recess was declared. The Council reconvened into Open Session at 7:30 p.m. 3• PLEDGE OF ALLEGIANCE: Councilmember Montgomery led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Brown, Lawrason, Montgomery and Mayor Perez. Absent: Councilmember Harper. Minutes of the City Council Moorpark, California Page 3 4. 5. Engineer; Attorney; Senior P- Associate Kellerman, Vandaveer, July 11, 1990 Cheryl Kane, City Debbie Traffenstadt, .anner; Winnie Wilson, Planner; Lillian City Clerk, and Dot Deputy City Clerk. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: None. REORDERING OF, AND ADDITIONS TO, THE AGENDA: MOTION: Councilmember Montgomery moved and Councilmember Lawrason seconded a motion to reorder 9.C. to before 9.A. The motion carried by voice vote 4 -0, Councilmember Harper absent. MOTION: Councilmember Brown moved and Councilmember Montgomery seconded a motion to add as item 11.F. consideration of a request by the Environmental Coalition to use the Community Center- parking lot for a clean up day on July 21, 1990, need for action having arisen after the posting of the agenda. The motion carried by voice vote 4 -0, Councilmember Harper absent. Mr. Kueny requested that an item be placed on the agenda regarding Community Development Block Grant funding for the Senior Nutrition Program and Literacy Program. He said that the CDBG contracts would not be signed until September and these programs need to be funded. MOTION: Councilmember Montgomery seconded a Consideration of Funding and Literacy Program ass funds are available for arisen for action since 7 nt- l nn rar^ri oA by - Brown moved and Councilmember motion to add as item 11.G. of the Senior Nutrition Program an interim measure until CDBG these programs, the need having the posting of the agenda. The Minutes of the City Council Moorpark, California Page 4 July 11, 1990 6. PUBLIC COMMENT: John Roberts, 15787 Graduate Circle, spoke representing the Campus Hills Homeowners' Association. He indicated that the hiking trails behind these homes have not been marked properly, thus increasing the possibility of injury to hikers and possible lawsuits to the HOA. He also stated that the recently established no parking zones in Campus Park were not a good idea as there is limited parking already along University Street. In conclusion, he expressed gratitude to the City Council for the placement of the stop sign on Marquette Street. John Lane, 12591 Crystal Ranch Road, spoke regarding his opposition to the pay raise for the Parks and Recreation Commissioners, Planning Commissioners and the City Council. He stated his opinion that the voters will not pass the ambulance service for Moorpark on the November ballot and also that the Comprehensive Planning Ordinance is too complicated for the voters to understand. Harvey Bredeman, 11858 Silvercrest Street, owner of the Moorpark Melodrama, said he is concerned with the disruptive behavior of the patrons of the Whistle Stoppe Restaurant which is next door to the theater. Linda Bredeman, 11858 Silvercrest Street, reiterated what Mr. Bredeman had said. She appealed to the City Councilmembers for financial. assistance in constructing a fence between the two establishments and for other suggestions which might correct the situation. Connie Lawrason, 4291 Ambermeadow Street, questioned what is being developed in the area of Moorpark Road on the approach to Santa Rosa Road. She asked if the zoning for this area had been changed. Gary Austin, 17512 ion Karman Avenue, Irvine, representing Messenger Investment Company, indicated that he has some technical information regarding the CPO and w i l l o4, c,,, + 1, ., ; +- : . -1,!— Minutes of the City Council Moorpark, California Page 5 July 11, 1990 Mike Drummond, 12612 Ambermeadow, spoke regarding the use of North Meadows Park by the Little League. He indicated that a new Board of Directors is being seated for the Little League and that any discussions should be deferred until the third or fourth week in August. Bill Poleri, 300 Moorpark Avenue, #2031 stated that it would be more appropriate if the money being requested by the Ventura County Arts Alliance would be donated to the local Moorpark Arts Committee instead of to a county organization. Gerald Goldstein, 11932 Los Angeles Avenue, spoke in opposition to the Graffiti Busters organization that is being organized in Moorpark. Don Pruner, 72 Moody Court, Thousand Oaks, provided a brief update on the ambulance and paramedic service being provided to the City. Paul Tryon, representing the Building Industry Association, 23801 Calabasas Road, Calabasas, spoke regarding Item 11.A., the Comprehensive Planning Ordinance. He stated that he believes the decision should lie with the City Council and not the voters. Lois Bernstein, 823 Rimcrest Drive, Westlake Village, spoke with Council indulgence, representing the Ventura County Arts Alliance. She spoke in favor of the donation being sought by the Alliance. 7. COMMITTEE REPORTS: Counc:ilmember Brown reported on the meeting with School District Superintendent Tom Duffy and the structural engineer regarding the structural study of the Memorial High School Auditorium. Councilmember Brown also reported on discussions with Ventura County Animal Regulations regarding trading Minutes of the City Council Moorpark, California Page 6 8. CONSENT CALENDAR: July 11, 1990 MOTION: Councilmember Montgomery moved and Councilmember Brown seconded a motion to table item 8.L. until later in the meeting to allow Councilmember Harper to be present, and pull items 8.A., Minutes of June 25 and Minutes of June 27, 8.C., 8.D., 8.0., 8.R., 8.S. and 8.T., from the Consent Calendar and approve the balance of the Consent Calendar. The motion carried by roll call vote 4 -0, Councilmember Harper absent. Consider Approval of Minutes of the Special City Council Meeting of June 30, 1990 City Council June 16, 1990 Consider Approval ofMinutes of the Regular Meeting of June 6, 1990. Staff Recommendation: Approve minutes as processed. B. Warrant Register. 1989/90 Manual Warrants 11862 - 11867 11975 - 11986 $148,433.57 Warrants 11994 - 12075 $276,662.72 1990/91. Warrants 12019, 12024 12050, 12066 $ 2,623.57 E. Consider Renewal of Data Processing Equipment Insurance Coverage, Staff Recommendation: Renew coverage. F_ rnnciricr Minutes of the City Council Moorpark, California Page July 11, 1990 H. Consider Exoneration of Grading Bond for 890 Valley Road (Cummings) . Staff Recommendation: Exonerate and release grading bond. I. Consider Acceptance of Annual Street Overlay 1989. Staff Recommendation: Accept work as complete and file Notice of Completion. J. Consider Resolution No. 90 -691 Revising the Salary Plan per the Fiscal Year 1990/91 Budget as adopted June 27, 1997. Staff Recommendation: Approve Resolution No. 90 -691 to amend the salaries. K. Consider Resolution No. 90 -692 Ado tin Appropriation Limit for Fiscal Year 90/91 Approve Resolution No. 90 -692 to adopt the appropriation limit for FY 90/91. M. Consider Update on _Route 118 Freeway Extension Alignment Stud_ Staff Recommendation: Receive and file. N. City Manager Approved Contract - Interim Landscape Architect. Staff Recommendation: Receive and file. P. Consider Reauest from Urban West Communities (UWC) to Defer Area of Contribution (AOC) Payments to Account for Reimbursement Owed to UWC. Staff Recommendation: Approve deferral for up to 75 dwelling units. Q. Consider Approval of Membership of the Citv of Laguna Niguel In theSCJPIA_ Staff Recommendation: Receive and file. U. Transmittal of 1990091 Fiscal Year Adopted Budget Staff Recommendation: Receive and file. The following items were j)ulled from the Consent Calendar Minutes of the City Council Moorpark, California Page 8 July 11, 1990 of Fish and Game be consulted regarding the issue and impacts of the proposed trail system. Ms. Kellerman read the addition to the consensus action on page 6 under item 11.P. and at North Meadows Park to fund restroom and security lighting at $44,000 and $4,500, respectively. (Trash cans and bleachers [$500 and $800 respectively] at North Meadows Park had previously been deleted by the Council.) MOTION: Councilmember Brown moved and Mayor Perez seconded a motion to approve the minutes of June 27, 1990 as amended above. The motion carried by voice vote, 4 -0, Councilmember Harper absent. Consider Approval of Minutes of the Adjourned City Council Meeting .of ._June 25, 1990. Mayor Perez requested that the first consensus action on page 8 under item 11.P. be changed to "The Council added to the Community development Department Activities /Projects list development of a streamlined process for aiding downtown merchants in improvement proposals. C. Consider the Transportation Development Claim for FY 90/91. Staff Recommendation: Adopt Resolution No. 90- , authorizing filing of the claim and direct Local Transportation Fund (LTF) appropriations for streets and transit. Mr. Kueny requested that this item be continued since the Ventura County Transportation Commission (VCTC) staff had not responded to the City regarding what other Ventura County cities were doing in regard to the contribution to the Ventura County Transportation Commission (VCTC) for administration. Minutes of the City Council Moorpark, California Page 9 July 11, 1990 D. Consider Avenida Colonia /Nogales Box Culvert - Approval of a Cooperative Agreement with Ventura County Flood Control District (VCFCD) for Construction of Unit IV of Happy Camp Canyon Drain. Staff Recommendation: Approve cooperative agreement. Mr. Kueny gave the staff report. MOTION: Councilmember Brown moved and Councilmember Montgomery seconded a motion to approve the staff recommendation to approve the funding and authorize the Mayor to execute the cooperative agreement. The motion carried by voice vote 4 -0, Councilmember Harper absent. O. Consider Report on Summer Recreation Program Activities. Staff Recommendation: Receive and file. Mr. Kueny indicated that he had requested this item be pulled as the Council had just received the Brochure on the Summer Recreation Program. The Council commended Mr. Newhouse for the Brochure and the program. MOTION: Councilmember Brown moved and Councilmember Lawrason seconded a motion to receive and file the material. The motion carried by voice vote 4 -0, Councilmember Harper absent. R. Consider Request for Contribution to Southern California Association of Governments (SLAG). Staff Recommendation: Decline requested contribution to SCA::'. In response to Mayor Perez, Mr. Kueny indicated that SCAG was reque ting a $3,000 contribution. Mr. Kueny recommended tabling the item and Minutes of the City Council Moorpark, California Page 10 July 11, 1990 S. Consider Planned Development Permit No 1062 Major Modification No. 1 Located at Intersection of Sprina and Tierra Poiaraa 4'-- Vi a LLee- sLdnaing i `:Piu sq tt building to the Proposed 4.5 Acre Commercial Site (Embassy Plaza). Staff Recommendation: Approval of Resolution No. 90 -693 regarding PD 1062 Major Modification No. 4 with conditions and Resolution No.-90 -694 approving Negative Declaration. BY CONSENSUS: By consensus the Council determined to allow Ken Shisido from the Embassy Group to speak. Mr. Shishido said he had only a few concerns with the conditions of approval worked out for the major modification. He said those concerns were 1) to have more than three doors facing Spring Road 2) to put the trellis in an open area not covered, and 3) that an ice cream or yogurt shop be an allowable use. Councilmember Harper jo.jined the meeting at 8:45 p.m. Mr. Richards saki that ice cream shops are classified as reta,.1 shops and not designated as food shops. Mr. Kueny suggested amending the resolution of approval such that a restaurant use could be accomplished as a minor modification if the parking requirements were met. The Council discussed the clustering of at least two doors (side by side) on Spring Road, such that more than 3 doors could be allowed and a brief discussion that the condition regarding the trellis should remain unchanged. MOTION: Councilmember, Brown moved and Councilmember Harper seconded a moti,--,n to approving the negative Minutes of the City Council Moorpark, California Page L1 ko July 11, 1990 T. Consider Traffic Speed Study - Approve Phase I of the Study and Adopt Resolution No 90- Establishing Speed Limits. Staff Recommendation: Adopt Resolution No. 90- Mr. Kueny indicated that he had asked for the item to be removed from consideration to allow the Sheriff the opportunity to meet with the traffic engineer regarding the study. The Council discussed the various speed limits on Tierra Rejada, Poindexter and Peach Hill. MOTION: Councilmember Montgomery moved and Councilmember Lawrason seconded a motion to continue the item to the July 25 or August 1 meeting. The motion carried by unanimous voice vote. PUBLIC HEARINGS: C. Consider RPD 89 -3 (Presbyterian Church) Requesting Approval to Construct a 23,161 sq. ft Church Facilitv on a .4.2-Acre Site Located at the Southeast Corner of Spring and Peach Hill Roads. Staff Recommendation: Recommend that the City Council conditionally approve Residential Planned Development Permit No. 89 -3. Winnie Wilson gave the staff report. Mayor Perez opened the public hearing. Tom Thompson, 1262-- Hillside Drive, provided a short history of the development of the Presbyterian Church in Moorpark and outlined the goodwill that churches normally contribute to a community. Curtis Illingworth, 641 Hievera Street, San Luis Obispo, spoke as t!,.e architect for the proposed Minutes of the City Council Moorpark, California Page 12 July 11, 1990 Robert Warren, 1881 Knoll Drive, Ventura, of Ramseyer Associates, spoke in favor of the church project and addressed three conditions (32, 33 and 41) that he would 1i.ke to see modified as editorial comments. Dave Wilkinson, 4791 Elderberry Avenue, spoke as pastor of the Moorpark Presbyterian Church. He stated that he expects the growth potential of the church to be a maximum of 700 -750 members. He also indicated that other congregations within the City are being affected by what is decided by the Council at this meeting. Paul Donahue, 12131 London Grove Court, spoke in favor of the approval of the proposed church project. Father Cosgrove, 12539 Adlena Place, spoke as priest of Holy Cross Catholic Church. He expressed favor with the financial exemption of Moorpark Presbyterian for the Area of Contribution fees and he requested that land not be taken from the churches for meandering sidewalks and other amenities. Marg Nelson, 13720 Donnybrook Lane, spoke as parish administrator for Holy Cross Church. She spoke in favor of the proposed project except for the road widening. She said this would mean increased traffic and speed and would endanger children who attend the Christian education classes held at Holy Cross. Errol Hale, 4330 Deepwell Lane, spoke as a representative from the Shiloh Community Church. He spoke in favor of the proposed Moorpark Presbyterian Church project. Bill LeMaster, 12 " ✓i_5 Winter Avenue, spoke as a Minutes of the City Council Moorpark, California Page L3 July 11, 1990 Michael J. McKinniss, 11956 Silvercrest Street, expressed hope that the Council will approve the proposed church project. Tom Piehn, 12177 Cherrygrove Street, spoke as a member of the Moorpark Presbyterian Church, and requested that the Area of Contribution fees not be required of the church. Roger Kahle, 4282 Granadilla Drive, spoke in favor of the Moorpark Presbyterian Church. Scott Belie, 11564 Coralberry, asked why the church should have to pay the Area of Contribution fees. Mickey Stueck, 4767 Elderberry, spoke as Clerk of the Session of the Moorpark Presbyterian Church. She spoke in favor of the project and stated that only eight of the member families live outside of Moorpark. AT THIS POINT in the meeting a recess was declared. The time was 12:05 a.m. The meeting reconvened at 12:30 a.m. MOTION: Councilmember Montgomery moved and Councilmember Lawrason seconded a motion to accept -the street improvement on page 5 of the Community Development Department Conditions with the amendment that the street is to be 40 feet paved, with 53 feet of right -of -way. The motion carried by roll cal] vote 4 -1, Councilmember Harper dissenting. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion that meandering sidewalks were not required for the pr- eject. The motion carried by unanimous voice vote. Mr. Kueny stated that park fees were not required for this project. ind no action had to be taken relative to that n: tter. He indicated that the Minutes of the City Council Moorpark, California Page L4 July 11, 1990 AMENDMENT TO THE MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to make the policy retroactive. The amendment carried by unanimous voice vote. VOTE ON THE MAIN MOTION_ The main motion as amended carried by unanimous voice vote. MOTION: Councilmember Brown moved and Councilmember Montgomery seconded a motion to remove the requirement for a sluff wall. The motion carried by unanimous voice vote. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to approve the Planning Commission recommendations as outlined in the staff report dated July 7, 1990 to delete existing Condition 12 and add new Condition 12, to delete Condition 24 and add new Condition 24. The motion carried by unanimous voice vote. MOTION: Councilmember Montgomery moved and Mayor Perez seconded a motion to amend Condition 32 to insert "except approved driveway ", Condition 33 to add "permit" to the end of the sentence and to delete Condition 41. The motion carried by unani.mcus voi:�e vote. Mayor Perez closed the public hearing. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to approve the Conditions for RPD 89 -3 as amended by the Council, conditionally. approve Residential Planned Development No. 89 -3 with the Mitigated Negative Declaration, and Mitigation Reporting and Monitoring Program; also, approve the revised staff recommendation not to levy park fees against the development. The motion carried by unanimous voice vote. The Council reorganzed the agenda at 12:55 a.m. Minutes of the City Council Moorpark, California Page L5 July 11, 1990 BY CONSENSUS: By consensus the Council determined to request an analysis from the City Attorney on the letter received from Gary Austin of Messenger Investment Company. AT THIS POINT in the meeting item 8.L. was heard: L. Consider Resolution No 90 -695 Calling and Giving Notice of a Measure on Ambulance and Paramedic Services to be Added to the November General Municipal Election Consolidated with the Statewide General Election in November and Resolution No. 90- ... uaau ncwiu� tvtI IN U. 7U -by / 'Co allow Members of the City Council to File Arguments For the Measure and Resolution No 90 -698 Providinq for the Filing of Rebuttals Staff Recommendation: Adopt the resolutions. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to adopt Resolution No. 90 -695 calling and giving notice of the measure on Ambulance and Paramedic Services to be consolidated with the November 6, 1990 statewide election. The motion carried by voice vote 3 -2, Councilmembers Montgomery and Lawrason dissenting. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to adopt Resolution No. 90 -696 requesting the County of Ventura to provide election services. The motion carried by voice vote 3 -2, Councilmembers Montgomery and Lawrason dissenting. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to adopt Resolution No. 90 -697 authorizing the filing of arguments for the measure; Councilmember Montgomery and Lawrason's names to be removed from the resolution. The motion carried by voice vote 3 -2, Councilmembers Montgomery and Lawrason dissenting. Minutes of the City Council Moorpark, California Page 16 July 11, 1990 9• PUBLIC HEARINGS (Continued): A. Consider Appeal of Section 5 60 080 of the Moorpark Municipal Code Regarding Newsracks. Staff Recommendation: Continue to July 25, 1990. It was noted that the Daily News and L.A. Times had requested continuance to the July 25, 1990 meeting. MOTION: Councilmember Montgomery moved and Councilmember Brown seconded a motion to continue the item to July 25, 1990. The motion carried by unanimous voice vote. B. Consider a Proposed Ordinance Amendina Articles 3,5,6.17 and 8 of the Zoning Code to include a Requirement that a Residential Planned Development (RPD) Permit be Obtained for Projects Creating Five or More Separate Lots and Amending Article 19 to Revise and Clarify RPD Permit Requirements. Staff Recommendation: Return draft ordinance to Planning Commission for review and recommendation on changes made to setback requirements. MOTION: Councilmember Brown moved and Councilmember Montgomery seconded a motion to approve the staff recommendation to return the draft ordinance to the Planning Commission for review and recommendation on changes made to the setback requirements; the item to come back in the shortest time possible; the public hearing closed, to be re- advertised when placed back on the Council agenda. The motion carried by unanimous voice vote. 10. COMMENTS FROM COUNCIL MEMBERS: None. 11. ACTION /DISCUSSION ITEMS: Minutes of the City Council Moorpark, California Page 17 July 11, 1990 In the staff report revisions were made in the Alternatives to he Analyzed in Draft EIR as follows: Alternative 2 of the staff report was revised to add "and the commercial area south of Los Angeles Avenue between Moorpark Avenue and Maureen Lane to be reduced by approximately 40 percent." Alternative 3 of the staff report was revised to delete, "and the commercial area south of Los Angeles Avenue between Moorpark Avenue and Maureen Lane to be reduced by approximately 40 percent." The paragraph following Alternative 3 was deleted as was the section headed "Not Discussed at the 7- 9-90 Workshop. MOTION: Councilmember Brown moved and Councilmember Lawrason seconded a motion to receive and file the staff report as amended above and to direct staff that the Council's Community Development Committee is to be kept informed of all communication between the consultant (PBR) and the City and the full Council is to be copied on all written correspondence. The motion carried by unanimous voice vote. C. Consider Proposed Use of North Meadows Park by Moorpark Little League Staff Recommendation: Schedule public hearing for August 1, 1990. BY CONSENSUS: By consensus the Council determined to assign the Council Public Works /Facilities Committee to meet with the representatives of the Moorpark Little League concerning their need to increase the number of playing fields to accommodate :increasing participation. D. Consider Contribution to Ventura County Art Alliance. Staff Recommendation: Direct staff as Minutes of the City Council Moorpark, California Page 1.8 July 11, 1990 MOTION: Councilmember Harper moved and Mayor Perez seconded a motion to take $2,500 from the General Fund Reserve and give it to the local Moorpark Arts Council, allowing the Moorpark Arts Council the potential to give some of the donation to the Ventura County Arts Alliance if they desired. Councilmember Harper with the consent of the second (Mayor Perez) withdrew the motion. BY CONSENSUS: By consensus the Council determined to continue to a future meeting, discussion of giving $2,500 to the Moorpark Arts Council.. E. Consider Additional Applications for First Time Home Buyer Program Staff Recommendation: Authorize 30 days subsequent application period. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to approve the staff recommendation to end the filing period on a date selected by staff, and a] Iow for a new drawing on August 15, 1990. F. Consider Authorizing Use of the Community Center Parking Lot by the _Environmental Coalition for a Clean -up Day. MOTION: Councilmember Brown moved and Councilmember Montgomery seconded a motion to allow the Environmental Coalition to use the Community Center parking lot free of charge on July 21, 1990. The motion carried by unanimous voice vote. G. Consider Temporary .Funding of the Meals for Senior and the Literac Programs until CDBG funds become Available. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to fund the Senior Nutrition and T,i f"AYA(`v ArnnraTno f'r•..,,, +�- �• ._: � n____ -: _ _ _ Minutes of the City Council Moorpark, California Page 19 12. ORDINANCES: July 11, 1990 A. Consider Second Reading- and Adoption-of- Ordinance No. 127 - an ordinance pertaining to the abatement of hazardous unreinforced masonry buildings. Ms. Kane read the ordinance title. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to read the ordinance in title only. The motion carried by unanimous voice vote. MOTION. Councilmember Harper moved and Councilmember Brown seconded a motion to read for the second time and adopted. The motion carried by unanimous voice vote. B. Consider Second Reading and Adoption of Ordinance No. 129 - an ordinance to Increase City Council Compensation to $300.00 per month. Ms. Kane read the ordinance in title. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to read the ordinance in title only. The motion by voice vote was 4 -1 in favor, Councilmember Lawrason dissenting. Ms. Kane read the o.r- dinanc:e in its entirety. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to declare the ordinance read for the second time and adopted as read. The motion carried by voice vote - - ?. Councilmembers Brown and Lawrason dissenting. 13. FUTURE AGENDA ITEMS: None. 14. CLOSRn SR.gCTnu• Minutes of the City Council Moorpark, California Page 70 July 11, 1990 B. Potential litigation pursuant to Government Code Section 54956.9(b)[L). C. Potential litigation pursuant to Government Code Section 54956.9(c) D. Litigation concerning City of Moorpark vs. Moorpark Unified School District. E. Litigation concerning Moorpark Unified School District vs. City of Moorpark. F. Litigation concerning Ventura County Community College District vs. City of Moorpark. G. Litigation concerning the County of Ventura vs. City of Moorpark. H. Negotiations for Real Property on the North Side of Tierra Rejada Road East of Spring Road (Pacifica Corp.) pursuant to Government Code Section 54945.8. I. Litigation concerning the Moorpark Mosquito Abatement District 's. City of Moorpark. J. Litigation concerning Colonial Mortgage vs. City of Moorpark. The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 1:35 a.m. The meeting reconvened into Closed Session at 1:45 a.m. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Cheryl Kane, City Attorney; and Richard Hare, Deputy C:it%, Manager. The meeting reconvened into Open Session at 2:43 a.m. Mr. Kuenv st-atpH Minutes of the City Council Moorpark, California Page 21 July 11, 1990 15. ADJOURNMENT: MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 2:44 a.m. Bernardo M. Perez, Mayor ATTEST: Lillian E. Kellerman, City Clerk MINUTES OF THE CITY COUNCIL Moorpark, California July 23, 1990 A Special meeting of the City Council of the City of Moorpark, California was held on July 23, 1990 in the Council Chambers of City Hall of said City, located at. 799 Moorpark Avenue, Moorpark, California. 1. 2. CALL TO ORDER: Mayor Perez called the meeting to order at 6:12 p.m. Present were all Councilmembers; Steven Kueny, City Manager; and Cheryl Kane, City Attorney. CLOSED SESSION: MOTION: Councilmember Brown moved and Councilmember Montgomery seconded a motion to adjourn to Closed Session for a discussion of all items: A. Personnel. B. Potential litigation pursuant to Government Code Section 54956.9(b)(1) C. Potential litigation pursuant to Government Code Section 54956.9(c) D. Litigation concerning City of Moorpark vs. Moorpark Unified School District. E. Litigation concerning Moorpark Unified School District vs. City of Moorpark. F. Litigation concerning Ventura County Community College District vs. City of Moorpark. G. Litigation concerning the County of Ventura vs. City of Moorpark. H. Negotiations for Real Property on the North Side of Minutes of the City Council Moorpark, California Page 2 July 23, 1990 K. Negotiations for Real Property for portion of Moorpark College (Ventura County Community College District) pursuant to Government Code Section 54945.8. The motion carried by unanimous voice vote. Present in Closed Session were all Councilmembers, Steven Kueny, City Manager; Pat Richards, Director of Community Development; and Cheryl Kane, City Attorney. MOTION: Councilmember Harper moved and Councilmember Lawrason seconded a motion to adjourn from Closed Session. Mr. Kueny reported that there was no action to report out of Closed Session and only item 2.B. as listed above had been discussed. AT THIS POINT in the meeting a 10 minute recess was declared. The Council reconvened into Open session at 7:19 p.m. 3. PLEDGE OF ALLEGIANCE: Councilmember Brown led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Brown, Harper, Lawrason, Montgomery, and Mayor Perez. Steven Kueny, City Manager; Pat Richards, Community Development Director; John Knipe, City Engineer; Cheryl Kane, City Attorney; and 1- _illian Kellerman, City Clerk. 5. PUBLIC COMMENT: Jerry Robings, 5156 McGrath St., Ventura, of the Ventura County Taxpayers Assn., addressed the Council regarding his Associatinn'-- r,r„ „c ; + , 4 - - - Minutes of the City Council Moorpark, California Page 3 July 23, 1990 Councilmember Harper said citizens should have the right to be directly involved in the general plan amendment process and should be able to have direct input in how their City will look in the future. John Newton, 165 High Street, Ste. 204, read a letter to the Council on his views opposing the CPO. Councilmember Harper stated that Mr. Newton would have an opportunity to write an argument against the CPO. Judy Reynolds, 1830 Lockwood Avenue, #110, Oxnard, of Development Planning Services, representing the Levy Company asked that a letter from DPS be entered into the record. Jack Dwyer, 641 Kendale Lane, Thousand Oaks, representing the Ventura County Economic Development Association, addressed the Council regarding his opposition to the CPO. He said it is the Council's job to make planning decisions for the benefit of Moorpark and placing an artificial cap on development will stifle business and result in higher housing prices. Councilmember Harper responded that the Council was only asking for the opportunity for the citizens to vote on whether they wanted to be directly i.nvc:;lved in significant development in the City. Councilmember Lawrason said he agreed with Mr. Dwyer about the potential fiscal impact on the City if the CPO was adopted. Councilmember Harper responded that historically development doesn't pay its own way in the City, Gary Austin, 17512 Von Karman Ave., Irvine, of Messenger Investment Company, said that there is tremendous confusion over the CPO and that his company was concerned about the legal issues and fiscal consequences of the document. He said they would like to make available to the City some of the information provided by their consultant relative to those issues and consequences. Minutes of the City Council Moorpark, California Page 4 July 23, 1990 Phil Vein, 6910 Queen's Court, of Phil Vein & Assoc. Consultants, said that the CPO document was not very clear especially with regard to the numbers quoted and read from page 6, (17.60.050 - C) of the CPO. He said that legal challenges would follow its adoption. Councilmember Harper said he would like to see the section read by Mr. Vein stricken. Bob Holmes, 751 Daily Dr., Camarillo, of the Building Industry Association, said the City Council should not give away the power to decide land use issues. He said that if that happened you will not see planning that had the benefit of professional staff input. 6. DISCUSSION /ACTION: Consider Revised Draft Ordinance Relative to a Comprehensive Program for General Plan Amendments. Councilmember Harper said that the electorate should be directly involved in the General Plan process. He said that they should have thEe opportunity to vote to see if that is what they want. He said he believed the electorate could make a reasonable decision. Councilmember Brown acknowledged that the City had an active electorate but said they might not have the time to become fully informed on complex planning issues. She said the City had a growth measure in place that seemed to be working and that the CPO should be addressed at a later date before Measure; F expires. Councilmember Lawrason s -id that he totally agreed with Councilmember Brown. He said he was bothered that the CPO would take away from the Council's land use responsibilities. He saLd that he didn't want to draw the litigation that he b,!_lieved was inevitable with the document. He said he ha' a pro}:lem taking Carlsberg out of the process. Minutes of the City Council Moorpark, California Page 5 July 23, 1990 Councilmember Harper said that the City could not run from the spectre of litigation. He said the CPO is a compromise ordinance. He said that to move the CPO along he would be willing to exempt all the general plan amendments now in process from the CPO. Councilmember Brown said that the General Plan is defensible without this ordinance. She said the ordinance leaves too much unsaid and is too confusing. Councilmember Montgomery said that he had worked intensively on the draft ordinance. He said that he had become concerned that the ordinance would involve the City in litigation with only a 50/50 chance of winning. He said defense of the ordinance could cost $250,000. He suggested another course of action would be to appoint a subcommittee to sit down with members of the building industry with the intention of drafting a compromise ordinance using the current draft as a starting place. He said he had received commitments from some of the companies that might sue the City, to sit down and work on the ordinance with the Council; the Council to have the final review of the document. He said it was the only fiscally responsib"'e thing for the Council to do. Mayor Perez said the Building Industry Association couldn't waive the rights of their whole industry to litigate. Bob Holmes, of the Building Industry Association (BIA) said we have an interest in sitting down and discussing the ordinance. He said he felt it right to have those impacted by the ordinance, discuss it with the City and have their input consider :ed. Councilmember Brown said the City had a history of successful negotiation with the BIA and that a special election could be held when the ordinance is ready to be voted upon. ('_C)11n( -i 1 mamhor T. 1 4-1- 1. mot, - _ _, - - , - , , Minutes of the City Council Moorpark, California Page 6 July 23, 1990 MOTION: Councilmember Brown moved and Councilmember Lawrason seconded a motion to refer the matter to a committee consisting of Councilmember Montgomery and Mayor Perez. Mayor Perez requested a recess before taking the vote. AT THIS POINT in the meeting Mayor Perez declared a 10 minute recess. The Council reconvened at 9:15 p.m. Mayor Perez stated that he would like to wait until the August 1, 1990 meeting to decide on the issue. Councilmember Harper indicated that he felt the Council should vote tonight as the deadline for submitting ballot measures to the County for consolidation with the November election is Wednesday, July 25. MOTION: Councilmember Montgomery moved and Councilmember Lawrason seconded a motion to Table the motion to the August 1, 1990 meeting. The motion carried by voice vote 4 -1, Councilmember Harper dissenting. 7. CLOSED SESSION: MOTION: Councilmember Montgomery moved and Councilmember Brown seconded a motion to cjo into Closed Session for a discussion of all items: A. Personnel. B. Potential litigation pursuant to Government Code Section 54956.9 (b) (i ) , C. Potential litigat.ior, pursuant to Government Code Section 54956.9(c). D. Litigation concerninq City of Moorpark vs. Moorpark Unified School District. E. Litigation concerning Moorpark Unified School Minutes of the City Council Moorpark, California Page -7 July 23, 1990 H. Negotiations for Real Property on the North Side of Tierra Rejada Road East of Spring Road (Pacifica Corp.) pursuant to Government Code Section 54945.8. I. Litigation concerning the Moorpark Mosquito Abatement District vs. City of Moorpark. J. Litigation concerning Colonial Mortgage vs. City of Moorpark. K. Negotiations for Real Property for portion of Moorpark College (Ventura County Community College District) pursuant to Government Code Section 54945.8. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; and Cheryl Kane, City Attorney. Mr. Kueny stated that there was no action to report out of Closed Session and that only items 7.B., 7.D., 7.E., had been discussed. 8. ADJOURNMENT: MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 9:46 p.m. Bernardo M. Perez, Mayor ATTEST: Lillian E. Kellerman- r; t-v ri A,,U 0 MINUTES OF THE CITY COUNCIL Moorpark, California July 25, 1990 A Special Meeting of the City Council of the City of Moorpark, California was held on July 25, 1990 . in the Council Chambers of City Hall of said City, Located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Perez called the meeting to order at 6:25 p.m. Present were all Councilmembers; Steven Kueny, City Manager; and Cheryl Kane, City Attorney. MOTION: Councilmember Lawrason moved and Councilmember Harper seconded a motion to adjourn to Closed Session for a discussion of the following: A. Personnel. B. Potential litigation pursuant to Government Code Section 54956.9(b)(1) C. Potential litigation pursuant to Government Code Section 54956.9(c) D. Litigation concerning City of Moorpark vs. Moorpark Unified School District. E. Litigation concerning Moorpark Unified School District vs. City of Moorpark. F. Litigation concerning Ventura County Community College District vs. City of Moorpark. G. Litigation concerning the County of Ventura vs. City of Moorpark. H. Negotiations for Real Property on the North Side of Tierra Rejada Road East of Spring Road (Pacifica Corp.) pursuant to Government Code Section 54945.8. I. Litigation concerning the Moorpark Mosquito Abatement District vs City of Moorpark. J. Litigation concern.nq Colonial Mortgage vs. City of Moorpark. Minutes of the City Council Moorpark, California Page 2 2. 3. 4. July 25, 1990 K. Negotiations for Real Property for portion of Moorpark College (Ventura County Community College District) pursuant to Government Code Section 54945.8. The motion carried by unanimous voice vote. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; and Cheryl Kane, City Attorney. The Council reconvened into Open Session at 6:58 p.m. Mr. Kueny stated there was no action to report out of Closed Session and only items B, F, I, J, as listed above had been discussed. AT THIS POINT in the meeting a recess was declared. The Council reconvened into Open Session at 7:20 p.m. PLEDGE OF ALLEGIANCE: The pledge of allegiance was led by Crystal Zemont. ROLL CALL: Present: Councilmembers Brown, Harper, Lawrason, Montgomery, and Mayor Perez. Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Pat Richards, Community Development Director; Susan Cauldwell, Assistant to the City Manager; John Knipe, City Engineer; Lt. Rodriguez, Sheriff's Department; Ken Gilbert, Public Works Director; Cheryl Kane, City Attorney; Paul Porter, Senior Planner; Lillian Kellerman, City Cler;K; and Dorothy Vandaveer, Deputy Cite Clerk. PROCLAMATIONS, COMMENDATI-ONS, AND SPECIAL PRESENTATIONS: A. Presentation of a 1990 Fair Poster from the 31st District Agricultural Association. This item was continued to August 1, 1990. Minutes of the City Council Moorpark, California Page 3 July 25, 1990 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mayor Perez noted that an item concerning Malathion Spraying in the City had been added as an amendment to the initial Special Meeting Notice and was posted. 6. PUBLIC COMMENT: Jim Hartley, 5950 Gabbert Road, suggested that training be provided to citizens for cardiopulmonary resuscitation (CPR) and first aid. He indicated this training might do as much to benefit the citizens as trying to reduce the ambulance response time. Tom Thompson, 12623 Hillside Drive, requested that the City Council adopt items 8.D., Peach Hill Road Extension Striping, and 8.H., the approval of RPD 89 -3, so the Presbyterian Church can proceed with the plans for their building. Marcos Vargas, Executive Director of E1 Concilio, located 526 N. 127th Street, Santa Paula, thanked the City Council for taking the initiative to address the issue of teen violence in the City and requested that they circulate a Request for Proposal (RFP) for services needed in the community before making any decisions on programs to be implemented. John Etter, 2536 N. Marilyn Street, Simi Valley, requested the City Counc .,i7.'s support for the Rim of the Valley Trail System. Cheryl. Carillo, of the Simi Valley /Moorpark Board of Realtors, located at 2080 Winifred Street, Simi Valley, asked the City Council to be well - informed before lending support to the Santa Monica Mountains Conservancy Master Plan. Rorie Skei, representing the Santa Monica Mountains Conservancy, 3700 Solstice Canyon, Malibu, appealed to the City Council for their- support of the Rim of the Valley Trail System. Jerry Thompson, 791 Wishard Avenue, Simi Valley, requested support for the Rim of the Valley Trail System because these corridors rust be established to preserve regional wildlife. Minutes of the City Council Moorpark, California Page 4 July 25, 1990 Michael Berger, 1025 Calle Pecos, Thousand Oaks, CA, requested support for the Santa Monica Mountains Conservancy Master Plan. He stated that the field trips for school children to mountain habitats are a worthwhile benefit of the plan. Jan Hinkston, 8657 Valley Flores Drive, spoke as Founder of the Santa Susana Mountain Parks Association. She stated that the Santa Monica Mountains Conservancy is an efficient organization and deserves the support being requested. Albert L. Rosen, 3575 Texas Avenue, Simi Valley, presented several handouts to the City Council regarding the Rim of the Valley Master Plan and suggested that their support of the project would be well - founded. Pete Peters, 7155 Walnut Canyon Road, stated that some of the property owners want to donate about ten feet on each side of their land to provide a corridor for wildlife. David C. Tucker, 13844 Christian Barrett Drive, spoke in favor of the Rim of the `Talley Master Plan. 7. COMMITTEE REPORTS: Councilmember Harper reported on a meeting with Pruner Ambulance held this afternoon. 8. CONSENT CALENDAR: (ROLL Call Vote) MOTION: Councilmember Montgomery moved and Councilmember Brown seconded a motion to pull items 8.A.- Minutes of the Regular City Council. Meeting of June 20, 1990, 8.D., 8.L., and 8.N., from the Consent Calendar and to approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of the Special City Council Meeting of Mq 30, 1990. Consider Approval of Minutes of the Special City Council Meeting of June 6, 1990. Consider Approval of Minutes of the Special City Council Meeting of_ .,Tune,_20 , 1990. Minutes of the City Council Moorpark, California Page 5 B. Warrant Register. . ;. .I July 25, 1990 Manual Warrants 12078 $ 3,770.44 Warrants 12087-12090,12092 - 12093,12095,12097, 12098- 12101,12103, 12104,12106,12108, 12111,12112,12115, 12117-12123,12125 - 12128,12130- 12133, 12135-12139,12141 - 12143, 12147 - 12150, 12153-12157,12159 - 12165 $128,603.36 1990/91 Manual Warrants 11987 - 11193,12076, 12077, 12079 $65,555.00 Warrants 12091,12094,12096, 12102,12105,12107, 12109,12110,12113, 12114,12116,12124, 12129,12134,12140, 12144 - 12146,12151, 12152,12158,12166 $5,979.59 C. Consider Closing City Hall on Friday August 3 at 2 p.m. for Staff Preparation for Carpet Cleaning. Staff Recommendation: Approve closing City Hall at 2 p.m. on August 3 1.990. E. Consider IPD 88 -1 Minor Modification No. 1 (Horowitz) Request for Outside Storage of 240 Gallon Waste Oil Receptacle and Assorted Parts and Tools. Staff Recommendation: Receive and file. F. Consider RPD 1070 Minor Modification No 2 (Urban West Communities) Request for Modification to Exterior Elevations of Single - Family Homes in Deauville Tract. Staff Recommendation: Receive and file. G. Consider DP 290 Minor Modification No 3 (Litton) Request to Install A 10x8 -Foot Shed for Six Months to House a Laser Used for Atmospheric Testing. Staff Recommendati.c,ri: Receive and file. Minutes of the City Council Moorpark, California Page 6 July 25, 1990 H. Consider Residential Planned Development No 89 -3 to Construct a 23,161 Square Foot Church Facility (Presbyterian Church). Staff Recommendation: Approval of Resolutions 90 -699 and 90 -700 and conditions of approval. (Con't 9.C, from 7/11/90) I. Consider Permit to Enter and Construct: Authorizing CALTRANS to Construct Drainage Improvements for Freeway Connector Project. Staff Recommendation: Approve permit and authorize Mayor to sign. J. Consider Working Agreement Between the Ventura County Resources Conservation District and the City to Perform Landscape Water Audits. Staff Recommendation: Approve agreement. K. Consider Purchasing Volleyball Set. Staff Recommendation: Approve purchase of volleyball set. M. Consider General Plan and Sphere of Influence Studv Update - LAFCO Request. Staff Recommendation: Direct staff to invite LAFCO's Executive Officer to the next public workshop regarding the General Plan and Sphere of Influence Study Update so as to make a presentation. The following items were pulled from the Consent Calendar for individual consideration. Consider Approval of Minutes of the Regular City Council Meeting of June 20, 1990 Councilmember Montgomery noted that the maker and second were missing from page nine of Item 11.E. BY CONSENSUS: By consensus the Council determined to continue this itE'rn to the August 1, 1990 Council meeting. D. Consider Peach Hill Road Extension Striping. Staff Recommendation: Select a specific striping pattern for implementation until Carlsberg develops, after which striping alternatives can be re- evaluated. In response to Court- ilmember Lawrason, Mr. Kueny clarified that alternative B, as outlined in the staff report, was rc>('ommended by the City Engineer. Minutes of the City Council Moorpark, California Page 7 July 25, 1990 MOTION: Councilmember Lawrason moved and Councilmember Harper seconded a motion to approve the staff recommendation that alternative striping pattern "B" as contained in the staff report be selected for implementation until such time as the Carlsberg Development occurs. The motion carried by unanimous voice vote. L. Consider Police Department's Report - Independence Day Festivities. Staff Recommendation: Receive and file. Councilmember Lawrason commended the Police Department on their handling of the Fourth of July Celebrations. MOTION: Councilmember Lawrason moved and Councilmember Montgomery seconded a motion to approve the staff recommendation to receive and file the report. The motion carried by unanimous voice vote. N. Consider Acceptance of Improvements and Exoneration of Bonds for Tracts 4140 4141 and 4142 (UWC) . Staff Recommendation: Accept the street and storm drain improvements and authorize the City Clerk to exonerate the bond. Councilmember Harper commented that the slope along Tierra Rejada on the South side of the street had unhealthy looking v egetation. Mr. Kueny suggested going ahead with the bond reductions with the exception of the grading bonds. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to accept the monuments, street and storm drain improvements of Tract 4140, 4141 and 4142 (except for Tract 4140 -1 street improvements) as complete; authorize t:he City Clerk to exonerate the monument bonds as listed in the staff report; and authorize the City Clerk !:o reduce all street, and storm drain bonds as listed in the staff report to 10% of the original bond amount fo, a one year guarantee period. The motion carried by ur.;nimous voice vote. Minutes of the City Council Moorpark, California Page 8 9. PUBLIC HEARINGS: July 25, 1990 A. Consider Appeal of Section 5.60.040(10) of the Moorpark Municipal Code Regarding Newsracks. Staff Recommendation: Deny the appeal. (Continued Item 9.A. from 7/11/90) Mr. Richards gave the staff report. In response to Councilmember Harper, Ms. Kane gave a history of the notice given to the newspapers and development of the ordinance. Councilmember Harper suggested opening the public hearing and continuing the item to allow the City Attorney to research case law regarding the matter. Mayor Perez opened the public hearing. Glen A. Smith, attorney for the L.A. Times newspaper, stated he is not aware of any similar ban in Southern Cal...ifornia and believes it is unconstitutional. Royce Read, spoke representing the L.A. Times, and stated that the ordinance is unconstitutional. Noriko Okamoto, an attorney representing the Daily News of Los Angeles, 221221 Oxnard, Woodland Hills, stated that the ordinance violates constitutional rights. David Lack, representative of the Daily News of Los Angeles, 221221 Oxnard, Woodland Hills, also stated that the constitutionality of the ordinance is questionable, but that the Daily News of Los Angeles is willing to work with the City of Moorpark to search for a viable solution. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to continue the public hearing open to the August 15, 1990 City Council meeting and in the interim to direct staff to not enforce abatement of newsracks. The motion ,rried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 9 July 25, 1990 B. Consider Appeal 90 -3 (TESFAY) - Request to Overturn Planning Commission Decision to Receive and File the Director's Decision to Approve Patio Cover and Second Floor Deck Request. Staff Recommendation: Deny the appeal. Mr. Richards gave the staff report. Mayor Perez opened the public hearing. Marc Charney, 65 North A Street, Oxnard, spoke as Legal Counsel representing Mr. Tesfay, the Appellant. He indicated that if the balcony is approved it would compromise the privacy of Mr. Tesfay's backyard. He said the issue is that one homeowner, Mr. Sisseck, is being allowed to increase the value of his property by devaluing the property of Mr. Tesfay. Ron Sisseck, 6708 Lafayette Court, stated that there is really no privacy issue because it is common that one resident's view looks into their neighbors' backyard in this housing development. He indicated disagreement with the statement that his balcony would cause injury to and devaluation of Mr. Tesfay's property. He stated that he has attempted to compromise to no avail. Mayor Perez closed the public hearing. Councilmember Harper said he would like to have both parties (Mr. Sisseck and Mr. Tesfay) speak to the Council. Mr. Tesfay expressed that his neighbor has no right to look into his property nor to look over his property to the City below. He said 15 foot trees would not screen his property and give him privacy. In response to CoLlnCilmember Lawrason, - the City Attorney said it was the City Council's job in this situation is to apply the zoning policies of the City as they apply to patio covers. Mr. Sisseck spoke _crying that after six months of working on they F.,- oblem, Mr. Tesfay has not compromised on anyt - iizzy. Minutes of the City Council Moorpark, California Page 10 July 25, 1990 Councilmember Lawrason stated it is not within the authority of the Council to resolve the issue between the homeowners. AT THIS POINT in the meeting a recess was declared. The Council reconvened at 9;20 p.m. Ms. Kane said that the City's review is limited to development standards which contain the setbacks and height requirements of a patio cover. She said if those standards are met in compliance with zone clearance, there is no reason to reverse the Director's decision. Councilmember Harper suggested that a Council Committee meet with Mr. Tesfay and Mr. Sisseck and attempt to come up with a compromise. In response, Mr. Sisseck stated he did not see how another meeting would help the situation. Councilmember Montgomery indicated that a determination shou-ifl be made. Councilmember Lawrason stated his agreement with Councilmember Montgomery. MOTION: Councilmember Harper moved and Councilmember Brown seconded the motion to continue the matter to the Community Development ('10mmittee consisting of Councilmember Brown and Harper to meet with Mr. Sisseck and Mr. Tesfay and a representative of the Homeowners Association in an attempt to facilitate a compromise between the two homeowners. The motion failed 2 -3 by voice vote, Councilmember -s Lawrason and Montgomery and Mayor Perez dissenting. MOTION: Councilmember Lawrason moved and Mayor Perez seconded a motion to approve the staff recommendation to deny the appeal. The mc'ion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 11 July 25, 1990 C. Consider RPD -89 -1 - 236 apartment units: LDM -89 2 Parcel Map Creating Separate Panels for Residential and Commercial Projects; CPD's 89 -1 and ata -,:) - ft. Restaurant Uses 2.300 sq. ft Gas Station /Car Wash, 40,000 sa ft Office uses and a 6.0001 sq . ft Daycare Center. Staff Recommendation: The staff recommends approval while the Planning Commission recommends denial of CPD Permits 89 -1 & 89 -2, RPD Permit No. 89 -1, and Tentative Parcel Map LDM 89 -2. Mr. Richards gave the staff report. Mayor Perez opened the public hearing. Eric Sakowicz, President of Environmental Impact Sciences, gave a presentation describing the key components of the proposed development. He explained that his purpose is to define the project and to initiate the Council review process. He stated that different environmental factors were considered for the three different components of the development and that the environmental impact report was prepared based on the time the project will become operational rather than its impact on the present environment. Elaine Freeman, 2509 E. Thousand Oaks Blvd, Thousand Oaks, spoke as a representative of the applicants. She gave opening statements and said that there are in excess of 180 conditions placed on this project and that the applicants want to discuss fifteen of them it) more depth. Ken Macleod, Macleod Construction Company, 169 Teloma Drive, Ventura, apologized for the late delivery of information to the Council. He also summarized concerns of the residents that have been brought to his attention and stated that these concerns -will be considered in the proposed development. The two concerns addressed at this time were: 1) the residents want a park built near the development, and 2) the residents do not want Liberty Bell Street, connected between Poindexter and Los Angeles Avi u.ze . Minutes of the City Council Moorpark, California Page 12 July 25, 1990 Neal Scribner, 10855 Presilla Road, Rancho Santa Rosa, spoke as the architect for the residential portion of the project. He provided an overview of the layout of the project with respect to the surrounding area in the community. Ken Macleod resumed speaking to address the commercial aspect of the proposed development. He stated the remaining two concerns of the citizens are 1) that the residents would like to avoid Lassen Street going into their tract, and 2) the residents want to be included in some of the fine tuning of the design for the retail project. Steve Bosetti, Nadel Partnership, Los Angeles, stated that they have tried to mitigate reasons for complaints by residents regarding truck traffic by using landscaping to buffer the noise. Paul Jordan, 5447 Hollings, Ventura, stated what landscaping devices have been used to alleviate the noise and pollution of the truck traffic. He said the current plans show very specific tree selections to achieve this goal. Mr. Macleod, continued at this point to discuss the upper commercial portion of the plans. He said his firm is investigating the possibility of providing some senior care. He also stated that the name "Mission Bell Plaza'" is not necessarily the final project name. Richard Devericks, Ventura Pacific Capital Group, Ventura, gave a presentation and summarized the feasibility study that was done. Steve Bosetti, spoke again and outlined the architectural aspects of the project. He stated that the Mediterranean style was chosen because it offers a residential architectural compatibility with the proposed residential project. Doug Frazier, 237 Sierra, thanked Mr. Macleod for the time and attentiveness they have given to the citizens of Moorpark and continued by expressing various concerns about the downtown park, the placement of lights, widening of Liberty Bell Road, the extension of Lassen Avenue, traffic circulation and the safety c: =' children due to increased traffic. Minutes of the City Council Moorpark, California Page 13 July 25, 1990 Sylvia Whitaker, 461 Cornett Avenue, indicated that Poindexter has become an alternate route for many drivers and she encouraged the City Council to stop developments that will contribute to making the problem worse. Keith V. Orr, 377 McFadden Avenue, stated his concerns about the building of Mission Bell Plaza. His primary objections are the increased traffic and the impact such a development will have on the sewer system. Nancy Runkle, 393 McFadden Avenue, spoke in opposition to the Mission Bell Plaza project. Ron Dow, 422 McFadden, expressed his concern with the already numerous retail vacancies in Moorpark. Barbara A. Shultz, 116 Sierra Avenue, complimented the Planning Commission for their efforts. However, she mentioned that the Environmental Impact Report was late in coming and that the citizen's were only given three days to review it. Gary Wirth, 444 McFadden, stated his concern about the air quality when the traffic increases with the development of Mission Bell Plaza. Betty Sue Horrala, 2:31 W. Los Angeles Avenue, spoke in favor of the shopping center portion of Mission Bell Plaza connecting to the existing Towne Center. Colin Velazquez, 4"E Los Angeles Avenue, spoke in favor of Mission BeLl Plaza, although he said he does not like the style of architecture that is being proposed. Valerie Arvizu, 377 Cornett Avenue, indicated her opposition to the Mission Bell Plaza project. Her concern is the traffic that will be generated and she said the appli( -ants original request to build owner - occupied homes should be adhered to. John Galloway, 338 Sierra Avenue, spoke in support of the configuratior-, that was originally submitted by Macleod Construc=tion. He stated that the original submiss:ior was significantly different than what is currentLy being considered. Minutes of the City Council Moorpark, California Page 14 July 25, 1990 Dan Mills, 488 Cornett Avenue, spoke in opposition of the proposed Mission Bell Plaza project. Richard Favor, 6941 Hastings Street, expressed his concerns for the development and for the landowners, but he also stated that Moorpark needs the additional retail stores. Russell George, 312 Sierra Avenue, indicated his concern about the traffic, noise and pollution if the proposed Mission Bell Plaza is allowed to be constructed. MOTION: Councilmember Brown moved and Councilmember Montgomery seconded a motion to continue the hearing open to the August 1, 1990 City Council meeting and to direct staff to begin addressing the citizens concerns heard tonight. The motion carried by unanimous voice vote. Councilmember Harper indicated that he would like responses from the staff regarding: 1) Future plans the Sanitation District has for expansion above 3.0 million gallons per day and their timetable for that expansion; 2) Discussions with the applicant regarding revisions to the west elevations of one or more options shown tonight; 3) Discussions with the applicant regarding an enhanced entrance statement; 4) Discussions with applicant regarding all senior housing rather t.har, a mix and the issue of only owner occupied housing; 5) Putting back in the Z acre park; 6) Some analysis of whether the mandated parking can still be met. 7) Discussions with the Town Center regarding connection of this ;::,roject with the Town Center; 8) Clear explanation of why staff recommends the north south connector street. between Los Angeles and Poindexter; 9) Copy of the origina: submission by Macleod; Minutes of the City Council Moorpark, California Page 15 July 25, 1990 10) Discussion with Burger King regarding their proposed play area; he'd like to see the largest play area they currently provide. BY CONSENSUS: The Council determined they would like to have responses on the above list. D. Consider_ a Reauirement to Install Low Water Consumption Fixtures and Devices in all New Construction. Staff Recommendation: Introduce ordinance no. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to continue the public hearing to the August 1, 1990 City Council meeting. The motion carried by unanimous voice vote. E. Consider Proposed Amendments to Moorpark Zoning Management Plan's Siting Criteria for Hazardous Waste Facilities. Staff Recommendation: Direct staff to incorporate proposed zoning code changes into the County Zoning code which is under consideration for '.7ity adoption. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to continue the public hearing to the August 1, 1990 City Council meeting. The motion carried by unanimous voice vote. F. Consider Zoning Ordinance Update. Staff Recommendation: Begin review of the draft zoning ordinance and continue this matter to the August 15, 1990 City Counc-.1 agenda. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to continue the public hearing to the August 1, 1990 City Council meeting. The motion carried by unanimous voice vote. 11. D. Consider Proposed Supplemental Law Enforcement Services. Staff Recommendation: Direct staff as deemed appropriate, MOTION: Councilmember Montgomery moved and Councilmember Brown seconded a mot:ior' to continue item 11.D. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 16 July 25, 1990 10. COMMENTS FROM COUNCIL MEMBERS: None. 11. ACTION /DISCUSSION ITEMS: A. Consider Traffic Speed Stud - APQr0Ve Phase I of the Study and Adopt Resolution No 90-701 Establishing Speed Limits. Staff Recommendation: Adopt Resolution Nc. 90 -701. (Continued Item 8.T. from 7/11/90) Mr. Gilbert gave the staff report. Kevin Smith, Traffic Engineer, of Charles Abbott and Associates went over the speed sheets. He modified his recommendation on 21.A. from 45 mph to 40 mph. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to adopt Resolution No. 90 -701 as modified. The motion carried by unanimous voice vote. B. Consider Request from Santa Monica Mountains Conservancy for City Support of the Rim of the Valley Trail Corridor Master Plan. Staff Recommendation: Direct staff as ueemed appropriate. Rorie Skei of the S�inta Monica Mountain Conservancy addressed the Council regarding the proposed Rim of the Valley Trail Corridor Master Plan. Councilmember Brown indicated that she felt the City was being included at the end of the project rather than more appropriately earlier in the process. Councilmember Montgomery said any action should include letters to the State legislators urging legislation to put a Moorpark representative on the Advisory Board foz the Santa Monica Mountains Conservancy. Minutes of the City Council Moorpark, California Page 17 July 25, 1990 MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to send a letter to the Executive Director of the Conservancy stating that Gabbert Wash should be part of the Rim of the Valley Trail Corridor Master Plan and that the City would endorse the expansion of the Master Plan to included it; the staff to be directed to send letters to Senator Hart and Representative McClintock urging the sponsorship of legislation to put a Moorpark member on the Santa Monica Mountains Conservancy Advisory Commission. The motion carried by voice vote 4 -1, Councilmember Brown dissenting. C. Consider Addition of Temporary Office Space at City Hall. Staff Recommendation: Direct Public Works Committee and staff to proceed with acquisition. Mr. Kueny stated that the staff recommendation was amended to allow staff to work with Gelco on extending the lease of the modular building formerly used for the Star Club and to look at possible options. MOTION: Councilmember Councilmember Lawrason secon( the staff recommendation as City Manager; $1,800 to be City Hall Building Fund 8. unanimous roll call vote. Harper moved and led a motion to approve amended above by the appropriated from the The motion carried by E. Consider Notification by Ventura County Community College District of Surplus Property at Moorpark College. Staff Recommendation: Direct staff as deemed appropriate Mr. Kueny said the staff was still verifying that all the surplus property was in the City limits. After brief discussion by the Council, the following motion was heard: MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to send a letter of interest to the Ventura County Community College District regarding their surplus property at Moorpark College. The motion carried by uranimous voice vote. Minutes of the City Council Moorpark, California Page 18 July 25, 1990 F. Consider Possible Recalculation of 19.90/91 Appropriations Limit and Rescission of Resolution No. 90 -692. Staff Recommendation: Direct staff as deemed appropriate. Mr. Kueny asked that this item be Tabled. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to Table the item. The motion carried by unanimous voice vote. G. Consider Aerial Spraying within City Limits This item was continued to the August 111 1990 City Council meeting. 12. ORDINANCES: None. 13. FUTURE AGENDA ITEMS: None. 14. CLOSED SESSION: MOTION: Councilmember Lawrason moved and Councilmember Montgomery seconded a motion to adjourn to Closed Session for a discussion of all <tems listed. A. Personnel. B. Potential litigation pursuant to Government Code Section 54956.9(b)(1,. C. Potential litigation pursuant to Government Code Section 54956.9(c). D. Litigation concerning City of Moorpark vs. Moorpark Unified School District. E. Litigation concerning Moorpark Unified School District vs. City of Moorpark. F. Litigation concern�nq Ventura County Community College District vs City of Moorpark. G. Litigation concer•ni�ig the County of Ventura vs. City of Moorpark. Minutes of the City Council Moorpark, California Page 19 July 25, 1990 H. Negotiations for Real Property on the North Side of Tierra Rejada Road East of Spring Road (Pacifica Corp.) pursuant to Government Code Section 54945.8. I. Litigation concerning the Moorpark Mosquito Abatement District vs. City of Moorpark. J. Litigation concerning Colonial Mortgage vs. City of Moorpark. K. Negotiations for Real Property for portion of Moorpark College (Ventura County Community College District) pursuant to Government Code Section 54945.8. The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The meeting reconvened into Closed Session at 2:15 a.m. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; and Cheryl Kane, City Attorney. The Council reconvened into Open Session at 2:38 a.m. Mr. Kueny stated there was no action to report out of Closed Session and only 14.B., 14.E., 14.F., 14.H., 14.I., 14.J., and 14.K. were discussed. 15. ADJOURNMENT: MOTION: Councilmember Montgomery moved and Councilmember Brown seconded a motion to adjourn. The time was 2:38 a.m. Bernardo M. Perez, Mayor ATTEST: Lillian E. Kellerman, City Clerk,