HomeMy WebLinkAboutAGENDA REPORT 1991 0417 CC REG ITEM 08AMINUTES OF THE CITY COUNCIL
Moorpark, California April 3, 1991
A Regular Meeting of the City Council of the City of Moorpark was
held on March 20, 1991 in the Council Chambers of said City located
at 799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Mayor Lawrason called the meeting to order at 7:15 p.m.
2. PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Councilmember
Wozniak.
3. ROLL CALL:
Present: Councilmembers Montgomery, Perez, Talley,
Wozniak, and Mayor Lawrason.
Steven Kueny, City Manager; Richard Hare,
Deputy City Manager; Cheryl Kane, City
Attorney; Pat Richards, Director of
Community Development; Lt. Rodriguez,
Sheriff's Department; Ken Gilbert,
Director of Public Works; Susan
Cauldwell, Assistant to the City Manager;
Phil Newhouse, Director of Community
Services; Debbie Traffenstedt, Senior
Planner; Charles Abbott, City Engineer;
Don Reynolds, Management Analyst; Lillian
Kellerman, City Clerk; Dorothy Vandaveer,
Deputy City Clerk.
4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS:
Reddy Pakala of the Ventura County Public Works Agency
presented an overview of the present water conservation
measures and plans for the wastewater treatment
facilities of Waterworks District I.
5. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
MOTION: Mayor Lawrason moved and Councilmember
Montgomery seconded a motion to hear items 11.B. and
11.C. prior to public comment. The motion carried by
unanimous voice vote.
Minutes of the City Council
Moorpark, California Page 2
DISCUSSION /ACTION ITEMS:
April 3, 1991
11. B. Consider Review of Draft Supplemental Environmental
Impact Report for the Expansion of the Moorpark
Wastewater Treatment Plant. Staff Recommendation:
Advise staff of any concerns regarding the proposed
draft EIR for the expansion of the Moorpark sewer
treatment facility by the County of Ventura.
Pat Richards gave the staff report.
MOTION: Mayor Lawrason moved and Councilmember
Montgomery seconded a motion to concur with staff's
comments on the EIR that the project description should
include a feasible discharge system and the impact
statement should include a discussion of the impacts
resulting from a discharge system and use of treated
water for agriculture and irrigation. The motion carried
by unanimous voice vote.
11. C. Consider Water Conservation Measures. Staff
Recommendation: Direct staff as deemed
appropriate.
Mr. Gilbert gave the staff report.
BY CONSENSUS: By consensus the Council determined to
receive and file the report.
6. PUBLIC COMMENT:
A. Father Cosgrove, 13539 Adlena Place, spoke as the
Pastor of the Holy Cross Catholic Church. He
indicated that as a result of a meeting with the
Parks and Recreation Cinco de Mayo Committee, he
will support the City's Cinco de Mayo festival on
May 5th. He requested that the funds raised by the
festival be used to benefit the Senior Citizens and
other nonprofit organizations.
B. Marge Nelson, 13702 Donnybrook Lane, chose not to
speak other than to indicate her support for Father
Cosgrove.
C. Ruth Farabaugh, 13543 Cedarpine, spoke on behalf of
the Northview Neighborhood Homeowner's Association.
She requested a status report regarding the
replacement of the chimney shrouds in Pardee Tract
2865.
Minutes of the City Council
Moorpark, California Page 3
April 3, 1991
Mr. Richards said the Building Official has
discussed the matter with Pardee Construction and
there is no replacement shroud available on the
market. The only alternative was to remove the
shroud as was done.
Councilmember Montgomery requested that a formal
report be prepared and that this item come back to
full Council at the next regular meeting.
D. David C. Burdick, 4645 Peppermill Street, read a
letter that he had delivered to the City Council
and requested that his household be exempted from
the charge for having their trash picked up and
recycled as part of the City -wide curbside
recycling program. He stated that he and his
family are already recycling in conjunction with
their landlord and do not want to be a part of the
City's program.
Councilmember Montgomery said the Committee should
consider waivers, subsidies and exemptions as part
of the Curbside Recycling Program and provide a
report back to the full Council.
E. Joe Latunski, 289 Casey Road, spoke regarding Tract
Map 4620 and stated that this project was rushed
through and proper consideration was not given to
it by the City Council.
F. Walt Dilg, 13429 Vista Levana, spoke as Pastor of
the Moorpark United Methodist Church. He reported
that $11,000 was raised in the recent CROP walk and
that 425 citizens participated. He thanked the
Council for their support and particularly
Councilmember Wozniak and Mayor Lawrason for
leading the walk.
Pastor Dilg also spoke representing the Downtown
Committee of the Moorpark Chamber of Commerce and
expressed the Chamber's concern for the vitality of
the downtown area. He mentioned that lighting,
sidewalks, loitering, vacant properties on Moorpark
Avenue and High Street, post office placement and
clean -up and usage of the railroad right -of -way are
all concerns of the Committee.
Minutes of the City Council April 3, 1991
Moorpark, California Page 4 P
G. Joan Bien, 12204 Willow Hill Drive, stated that the
need still exists to have a public telephone
installed at North Meadows Park. Additionally, she
stated that some of the equipment in this park is
inherently dangerous and that the water fountains
were turned off.
Mr. Newhouse indicated that a member of the City's
field crew will investigate the safety of the
playground equipment and functioning status of the
water fountains the next working day. He stated
that a schedule for the installation of a public
telephone will be forthcoming to the City Council
at the next meeting.
H. Dorothy Mercer, 12659 Hillside Drive, indicated
that she would not speak as she was present only to
support Father Cosgrove's earlier statements.
I. Errol Hale, 4330 Deepwell Lane, Pastor of Shiloh
Community Church, thanked the City Council for
their support regarding Planned Development 1066.
He requested that the Councilmembers maintain their
consistency with the conditions that have been
imposed on the applicant and not allow any
compromise on the items agreed to by the applicant.
BY CONSENSUS: By consensus the Council determined to
have Lynn Crockatt speak during the discussion of Item
11.F.
BY CONSENSUS: By Consensus the Council determined to
have Medhat Maximous speak during the discussion of Item
11.G.
J. John Torres, 12505 Willow Hill Drive, requested
that the City not modify the plans for the Cinco de
Mayo celebration and let it go forward as planned
by the Parks and Recreation Commission.
K. Connie Lawrason, 4291 Ambermeadow Street,
encouraged attendance at public hearings scheduled
for April 10 at Thousand Oaks City Hall at 1 p.m.
and on April 15 at 1 p.m. at Camarillo City Hall
regarding transit needs in Ventura County.
Minutes of the City Council
Moorpark, California Page 5
April 3, 1991
L. Jerry Goldstein, 11932 Los Angeles Avenue,
expressed concern that there are not enough public
restrooms and telephones in the City. He stated
also that water usage is not questioned for new
development projects in the City and it should be.
7. COMMITTEE REPORTS:
Councilmember Montgomery reported on the County Waste
Commission meeting.
Councilmember Perez reported on the Affordable Housing
Committee meeting concerning the proposed Westland
Project.
8. CONSENT CALENDAR (Roll Call Vote):
MOTION: Councilmember Wozniak moved and Councilmember
Montgomery seconded a motion to pull item 8.F. and
approve the balance of the Consent Calendar. The motion
carried by unanimous roll call vote.
A. Consider Approval of Minutes of Special Cit
C.
Council Meeting of March 13, 1991.
Consider Approval of Minutes of Regular City
Council Meeting of March 20, 1991.
Consider Approval of Minutes of Special City
Council Meeting of March 20, 1991.
Staff Recommendation:
processed.
Warrant Register
Manual Warrants 14837
14931
Warrants 14941
Approve minutes as
- 14843,
- 14935 $ 3,692.50
- 15019 $537,296.72
Consider Pacific Bell vs. State Board of
Equalization, et al. Staff Recommendation:
Receive and file.
D. Consider Award of Bid to M. E. Mvles for Park
Improvements at Campus, Glenwood and Griffin Parks.
Staff Recommendation: 1. Reject bids; 2. Direct
Public Works /Facilities Committee to review and
report back on April 17 regarding readvertising.
Minutes of the City Council
Moorpark, California Page 7
April 3, 1991
M. Consider Attendance of Code Enforcement Officer at
Annual Training Seminar for Code Enforcement
Procedures and Techniques in Stockton CA on May 1-
3. 1991. Staff Recommendation: Approve the
attendance of the Code Enforcement Officer at the
CEO Procedures and Techniques Workshop.
N. Consider Enrollment in the Southern California
Joint Powers Insurance Authority's Special Events
Insurance Program. Staff Recommendation:
Authorize the City Manager to enroll the City in
the program and authorize staff to include minimum
insurance levels in tenant and user contracts and
agreements for use of City owned facilities and
property.
O. Consider Resolution 91 -754 to Rescind Resolution
Nos 89 -585 and 89 -547 which were Replaced by
Resolution 91 -734 (Land Development Preliminary
Processing Fee Deposits). Staff Recommendation:
Approve Resolution 91 -754.
P. Consider Ventura County Area Agency on Aging (AAA)
Title III Grant Request. Staff Recommendation:
Direct staff to not apply for grant and receive and
file report.
The following item was pulled from the Consent Calendar
for individual consideration.
F. Consider PD 1066 (Liston) Status Report Regarding
Minor Modification Processing Related to Tree
Removal. Staff Recommendation: Receive and file
the report.
Councilmember Montgomery clarified that number 2.
in the report should have the words "car wash"
stricken. He said it was clearly indicated in the
minutes of March 13, 1991 that the limited hours of
operation on Sunday applied to the entire project.
With that clarification, he made the following
motion:
MOTION: Councilmember Montgomery moved and Councilmember
Talley seconded a motion to receive and file the report.
The motion carried by unanimous voice vote.
Minutes of the City Council
Moorpark, California Page 8
9. PUBLIC HEARINGS:
April 3, 1991
A. Consider 1991/1992 Estimated $194,580 Community
Development Block Grant Appropriation. Staff
Recommendation: Receive testimony from applicants
and interested parties regarding the appropriation
of CDBG funds, refer matter to the Budget and
Finance Committee and continue final appropriations
to April 17, 1991.
Councilmember Perez said that because there might
be a perception of a conflict of interest because
he is on the Board of Directors of one of the
applicants for CDBG funding, he would abstain from
voting. Councilmember Perez left the dais.
Mayor Lawrason opened the public hearing.
Susan Netley, 2220 Ventura Blvd, Camarillo, spoke
as the Social Services Coordinator for the Senior
Nutrition Program. She thanked the Council for
their past support for the program in Moorpark and
requested $10,500 from the City in CDBG funds.
Virginia K. Riddle, Treasurer of Foodshare, Inc.,
4878 Perry Way, Oxnard, said their organization is
attempting to buy the building in which they are
currently housed. She requested $12,000 of CDBG
money to be used for this purpose.
Karen Flock, representing the Cabrillo Economic
Development Corporation (CEDC), 11011 Azahar
Street, Saticoy, stated that the CEDC is involved
with Bibo in the proposed affordable housing
development in Moorpark and that they are
requesting $125,000 from the CDBG grant for
low /moderate income housing site acquisition and
$25,000 for CEDC project management costs to find
land for and do predevelopment work on additional
low /moderate income housing projects.
Carmen Ramirez, 132 South "A" Street, Oxnard,
represented Channel Counties Legal Services. He
related that they have served 103 Moorpark clients
in the last year and are requesting $10,000 in CDBG
funding.
Minutes of the City Council
Moorpark, California Page 9
April 3, 1991
Dr. Everett Braun, 13142 Williams Ranch Road,
requested funds for the Moorpark Senior Citizens.
He stated that the Senior organization will be
hiring a Director to oversee their activities. A
portion of CDBG funds granted to their organization
would be used to pay the Director's salary and a
portion will be to finance needed equipment for the
Senior Center (dishwasher, round tables, a lectern,
etc.).
Shirley Radding, 1841 Knoll Drive, Ventura, is the
Program Director of the Long Term Care Ombudsman
Program. She emphasized that their program helps
the Senior confined to nursing homes exercise their
moral and civil rights. She requested $4,608 in
CDBG funding.
Lee Riggan, 621 Richmond, Oxnard, spoke as the
Executive Director of the Commission on Human
Concerns. He said they have a staff of 26
employees and 150 volunteers. The purpose of their
organization is to serve homeless or "at risk"
clients. With a grant from CDBG funds, twelve
homes in the City of Moorpark would receive
approximately $700 each in the form of a loan or
grant.
Ruben Castro, 459 Charles Street, spoke
representing Catholic Charities. He requested CDBG
funds to support their program which provides
assistance to the underprivileged and homeless in
Moorpark by providing food, shelter, and financial
assistance.
Pat Flanigan, addressed the Council representing
the Ventura County Adult Literacy Program, 1025 Old
Farm Road, Thousand Oaks. She introduced the Site
Supervisor of the program in Moorpark, Gayle
Reddington. A student, Juan Rodriguez, also spoke
and thanked the Council and the volunteers for
their cooperation and support of the program.
Eloise Brown, 13193 Annette Street, stated that a
potential use of CDBG funds would be to provide
work opportunities for young people to do clean -up
and other chores in the City.
Minutes of the City Council
Moorpark, California Page 10
April 3, 1991
Clyde B. Reynolds, represented the Ventura County
Homeless Coalition, 4405 Whittier, Ventura. He
stated that the emphasis of their program is on
planning and community rehabilitation and to
develop a county -wide homeless services plan to
address long -term needs.
In response to Mayor Lawrason as to how they will
maintain a non - profit status, Mr. Reynolds said
they are in the process of incorporating and will
have another organization house the funds until the
Homeless Coalition is incorporated.
Lynn Crockatt, 13768 Christian Barrett Drive, spoke
on behalf of the Wellness Community. He said they
are seeking funds to support Moorpark cancer
patients. He stated that the facility in Thousand
Oaks will be open in June, 1991 and this is the
facility to provide service to Moorpark residents.
Mayor Lawrason closed the public hearing.
MOTION: Councilmember Montgomery moved and Councilmember
Talley seconded a motion approve the staff recommendation
to receive public testimony and close the public hearing;
to defer final appropriations to the April 17, 1991 City
Council meeting; to direct the Budget and Finance
Committee to review proposals prior to April 17, 1991 and
make a recommendation to the Council for final
appropriation. The motion carried by voice vote 4 -0,
Councilmember Perez absent for the vote.
Councilmember Perez returned to the dais.
B. Consider Tentative Tract Map 4652 - Abe Guny - The
Proposed Subdivision of a 35.8 Acre Rural Exclusive
(RE) and Re -5 Acre Zoned Property into 18 Single
Family Lots and a 29.71 Acre Remainder Parcel.
Staff Recommendation: Consider recommendation of
Planning Commission to deny the project or consider
approving the project with conditions as
recommended by staff.
Ms. Traffenstedt gave the staff report.
Mayor Lawrason opened the public hearing.
Minutes of the City Council
Moorpark, California Page 11
April 3, 1991
Abe Guny, 7250 Walnut Canyon Road, applicant for
the project, addressed the Council and stated his
concern that it took 24 months to process the Land
Division Map for this project. He said he has
complied with all requests made by the City and
hopes the project will move forward quickly.
Linda Mackinson, 17934 Holton Street, spoke as the
applicant's Project Coordinator. She provided an
overview and addressed certain conditions that have
been set forth by the City Engineer and the City
Planning Department. She said that all 18 parcels
should be approved as that is part of their
motivation to provide one of the homes as
affordable housing. She said there is a problem
with the last sentence of the agreement, how the
home should be occupied is out of their (the
applicant's) control. She addressed the following
conditions:
Condition 23 - Applicant has no objection to the
CC &R's
Conditions 77 through 80 - Applicant has provided
additional copies of the hydrology reports and
supplemental information.
Conditions 83 through 87 - Applicant is already
paying to help improve Los Angeles Avenue, Broadway
and contributing to general streetwide maintenance.
Condition 86 - Applicant wants to use the same plan
already generated. The left turn pocket will be
discussed by the engineer of the applicant when he
speaks.
Bill Jensen, 1534 Eastman Avenue #A, Ventura, spoke
as the applicant's Engineer. In response to
Councilmember Montgomery, Mr. Jensen stated that
there is no net import or export of dirt on the
project.
Steve Birge, 1534 Eastman Avenue, Suite A, Ventura,
explained the drainage modifications that had been
made. He stated that they will add an outlet so
the siltation drain will act as a second detention
basin.
Minutes of the City Council
Moorpark, California Page 12
April 3, 1991
Terry Hockett, Thomas Montgomery & Associates, 2151
Alessandro Drive, Ventura, stated a little more
space will be needed on the west side of Walnut
Canyon Road, but it should not warrant more right -
of -way being required to accommodate a left turn
lane onto Casey Road.
Councilmember Montgomery clarified the fact that
there is no relationship between he and the
ownership or employees of Thomas Montgomery &
Associates.
Councilmember Montgomery stated there are two
different concerns with regard to the resolution of
the sight distance problem to be considered for
this project: 1) when a car is travelling east on
Casey Road and turns north onto Walnut Canyon Road,
and 2) when a car turns left from Walnut Canyon
Road onto Casey Road (going west). Number 2 will
be solved with a turn lane; however, Councilmember
Montgomery said the sight distance in situation
Number 1 above, needs to be reviewed again by the
applicant.
Councilmember Wozniak said there is another
intersection that warrants traffic evaluation,
where Wicks Road meets Walnut Canyon Road.
Councilmember Wozniak requested an analysis.
Joe Latunski, 289 Casey Road, spoke as an adjacent
property owner. He presented photos and explained
the drainage 'problems, erosion and loss of
vegetation that has taken place on the subject
property and how it has affected his property.
Lynn Scaroni, 5740 W. Greentree, Somis, spoke as a
property owner in Moorpark. She spoke in favor of
the project.
Valerie and Tom Jacoby, 1017 Walnut Canyon Road,
stated that they are not opposed to the development
of the project, but the road they travel to get to
their property is not shown on the map Mr. Guny has
proposed. They said they have sold their property
and want to close escrow in thirty days. It would
be very costly to get a drive built with retaining
walls, etc. They said the project should not be
approved without an easement allowing them access
to their property.
Minutes of the City Council
Moorpark, California Page 13
April 3, 1991
Ricky Delgado, 1131 Walnut Canyon Road, stated that
he is in opposition to the project as presently
proposed saying that he would be charged to use the
access road to his property.
Abe Guny spoke again giving a rebuttal to the
arguments presented by the other speakers. He
stated that Mr. Latunski was given the opportunity
for an easement. Mr. Guny also stated that Mr. and
Mrs. Jacoby knew about the access road and that he
has met with them and had offered to purchase their
property at a fair market value.
Glen Albers, Vice President of JBH Development,
4035 Thousand Oaks Blvd, Suite 120, Thousand Oaks,
spoke in favor of the project.
Mayor Lawrason closed the public hearing.
After discussion by the Council, Councilmember
Montgomery suggested the following:
1. That staff provide a revised drainage
condition to add a requirement for additional
detention.
2. That modification to Condition No. 49 be made
as presented by staff in the staff report; the
text to come back to Council for review.
3. That modification to Condition No. 94 be made
as presented by staff in the staff report; the
text to come back to Council for review.
4. More information to be provided to the Council
on the private access easement situation.
5. More information to be provided to the Council
on the site distance problem on Casey Road as
a left turn is made onto Walnut Canyon Road.
6. That Condition No. 132 be added to provide a
concrete platform as per the school district
request.
7. That the Community Development Committee
consider ways to minimize grading in the 20%
and greater slope area.
Minutes of the City Council
Moorpark, California Page 14
April 3, 1991
Upon the advice of the City Attorney, Mayor
Lawrason reopened the public hearing.
MOTION: Councilmember Montgomery moved and Mayor
Lawrason seconded a motion to continue the item to the
first regular Council Meeting of May, the public hearing
to remain open. Information to be provided to Council as
requested by Councilmember Montgomery above and the
Community Development Committee to provide a
recommendation on the 20% slope concern. The motion
carried by unanimous voice vote.
10. COMMENTS FROM COUNCIL MEMBERS:
A. Consider Appointment of Two Planning Commissioners.
Mayor Lawrason indicated that after discussions
with Councilmember Talley, he (Mayor Lawrason)
determined to nominate Bart Miller for the Planning
Commission.
MOTION: Mayor Lawrason moved and Councilmember
Montgomery seconded a motion to approve the nomination of
Bart Miller to the City Planning Commission. The motion
carried by unanimous voice vote.
Mayor Lawrason said that Steve Brodsky was the name
suggested by Councilmember Perez. Mayor Lawrason
indicated he would put Mr. Brodsky in nomination
but that he had would dissent because of the
numerous calls he had from the community expressing
concerns over' appointing Mr. Brodsky to the
Planning Commission.
MOTION: Mayor Lawrason moved and Councilmember
Montgomery seconded a motion to approve the nomination of
Steve Brodsky to the Planning Commission. The motion
carried 4 -1, Mayor Lawrason dissenting.
11. ACTION /DISCUSSION ITEMS:
A. Consider Weldon Canyon Landfill Environmental
Impact Report. (Continued Item 11.J. from 3/20/91)
Staff Recommendation: Authorize Mayor to send
letter outlining City's concern with no project
alternative. (Continued item 11.J. from 3/20/91.)
The staff report was deferred.
Minutes of the City Council
Moorpark, California Page 15 April 3, 1991
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to continue the matter to the
April 17, 1991 City Council meeting. The motion carried
by unanimous voice vote.
D. Consider Amtrak Stop in Moorpark. Staff
Recommendation: Authorize the Mayor to pursue the
possibility of Amtrak rail service in Moorpark.
The staff report was deferred.
MOTION: Councilmember Montgomery moved and Councilmember
Talley seconded the motion to approve the staff
recommendation to authorize the Mayor to pursue the
possibility of Amtrak rail service in Moorpark. The
motion carried by unanimous voice vote.
E. Consider Report on Evaluation of Additional Monthl
City Council Meeting. Staff Recommendation:
Continue with practice of additional adjourned
meeting for the second Wednesday of the month as
needed.
The staff report was deferred.
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded the motion to approve the staff
recommendation to continue with the practice of an
additional adjourned meeting for the second Wednesday of
the month as needed. The motion carried by unanimous
voice vote.
F. Consider Cinco de Mayo Event Report. Staff
Recommendation: 1) Direct that insurance, law
enforcement and non overtime exempt employee costs
be included in the program budget; 2) Continue this
item to the City Council meeting of 4/17/91; 3)
Direct the Parks and Recreation Commission to
prepare and submit the final budget recommendation
which includes the aforementioned costs; 4) Direct
Parks and Recreation Commission regarding
modification to program scope as result of concerns
expressed by Holy Cross Catholic Church.
Mr. Newhouse gave the staff report.
Chairman Crockatt of the Parks and Recreation
Commission was present to answer questions. He
said that 2,000 - 4,000 people were expected to
come to the celebration.
Minutes of the City Council
Moorpark, California Page 16
April 3, 1991
Councilmember Montgomery expressed his concerns
with serving alcohol on City property. He also
said that admission for children under 16 should be
free and an admission charge of only $2.50 - $3.00
should be charged for adults.
The Council concurred that their recommendation
would be that an admission charge for children be
dropped.
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to approve the staff
recommendation to 1) Direct that insurance, law
enforcement and non overtime exempt employee costs be
included in the program budget; 2) Continue this item to
the City Council meeting of 4/17/91; 3) Direct the Parks
and Recreation Commission to prepare and submit the final
budget recommendation which includes the aforementioned
costs; staff recommendation No. 4 to direct Parks and
Recreation Commission regarding modification to program
scope as result of concerns expressed by Holy Cross
Catholic Church considered to already be satisfied. The
motion carried by unanimous voice vote.
G. Consider CUP 90 -2 (Coptic Church) Requirement to
Dedicate Right of Way and Improve Future Extension
of Majestic Court. Staff Recommendation: Direct
staff as deemed appropriate.
Councilmember Perez said that because there might
be a perception of a conflict of interest because
his wife was the real estate agent involved in the
sale of the property to the Church, he would
abstain from voting. Councilmember Perez left the
dais.
Pat Richards gave the staff report. He said that a
letter had been provided by the applicant which was
included as part of the staff report. He said he
took exception to the statement in the letter that
Condition No. 56 was changed after the Planning
Commission hearing of January 22, 1991. He said
Condition No. 56 was read into the record of that
Planning Commission meeting by Pat Dobbins from the
City Engineer's office. The condition had not been
changed.
Minutes of the City Council
Moorpark, California Page 17
April 3, 1991
Medhat Maximous, representing the Coptic Church,
indicated that any additional costs that could be
waived on this project would be very much
appreciated by the Church. He asked that Condition
No. 52 be reviewed by staff to see if an agreement
could be entered into to satisfy this Condition.
MOTION: Councilmember Montgomery moved and Councilmember
Wozniak seconded a motion to have the staff revise
Conditions 55 & 56 so that the applicant won't have to
pay a substantial amount for preparation of a legal
description for the property but be required to provide
some kind of surety so that if Majestic Court was built
out the church would cooperate, this condition to be re-
written and brought back to the Council at the next
meeting; Condition No. 52 also to be reviewed by staff in
conjunction with Condition No. 55 & 56; Conditions 35 &
36 to be left unmodified; Condition 49 to be referred
back to the Planning Commission for evaluation; the City
to grant a temporary use permit for the church to hold
Easter services in their building (Saturday and Sunday
next week); the motion carried by unanimous voice vote.
In response to Councilmember Montgomery, Mr.
Richards clarified that the temporary use permit is
issued "over the counter" and the fee was $31.40.
In response to Councilmember Montgomery, Mr. Kueny
suggested deferring the fee for the temporary use
permit, the fee to be paid as part of the condition
compliance fee.
BY CONSENSUS: The Council determined to handle the
temporary use permit fee as suggested by the City Manager
above.
12. ORDINANCES:
None were presented.
13. FUTURE AGENDA ITEMS:
Councilmember Talley requested that RPD 89 -3,
Presbyterian Church be on the next agenda for a review of
Condition 5.D.
Councilmember Talley requested that the Westland
Affordable Housing project be on the next agenda.
Councilmember Perez returned to the dais.
Minutes of the City Council
Moorpark, California Page 18 April 3, 1991
14. CLOSED SESSION:
MOTION: Councilmember Montgomery moved and Councilmember
Talley seconded a motion to adjourn to Closed Session for
a discussion of all items listed on the agenda:
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. Litigation concerning the Moorpark Mosquito
Abatement District vs. City of Moorpark.
I. Litigation concerning Colonial Mortgage vs. the
City of Moorpark.
J. Negotiations for Real Property at 280 Casey Road
(Moorpark Unified School District) pursuant to
Government Code Section 54945.8.
K. Negotiations for Real Property on Los Angeles
Avenue (East) pursuant to Government Code Section
54945.8.
L. Litigation concerning City of Moorpark vs. Chuy's
Restaurant.
M. Litigation concerning Conejo Freeway Properties,
LTD. vs. City of Moorpark
N. 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.
Minutes of the City Council
Moorpark, California Page 19
April 3, 1991
The motion carried by unanimous voice vote.
AT THIS POINT in the meeting a recess was declared. The
time was 2:22 a.m.
The meeting reconvened into Open Session again at 2:27
a.m. at the City Attorney's request. Ms. Kane asked that
the City Council add Item 14.0. to Closed Session,
consideration of a new lawsuit concerning the Tierra
Rejada Road Widening Project and required utility
relocation - City of Moorpark vs. Southern California
Edison, the need to act having arisen after the posting
of the agenda.
MOTION: Councilmember Montgomery moved and Councilmember
Wozniak second a motion to add City of Moorpark vs.
Southern California Edison to Closed Session, the need to
act having arisen after the posting of the agenda. The
motion carried by unanimous voice vote.
The Council convened into Closed Session at 2:27 a.m.
Present in Closed Session were all Councilmember; Steven
Kueny, City Manager; Richard Hare, Deputy City Manager;
Cheryl Kane, City Attorney.
The meeting reconvened into Open Session at 2:35 a.m.
Mr. Kueny stated that there was no action to report out
of Closed Session and only item 14.0. had been discussed.
15. ADJOURNMENT:
MOTION: Councilmember Wozniak moved and Councilmember
Talley seconded a motion to adjourn. The motion carried
by unanimous voice vote. The time was 2:36 p.m.
Paul W. Lawrason Jr., Mayor
ATTEST:
Lillian E. Kellerman, City Clerk
CITY COUNCIL MINUTES
Moorpark, California
April 3, 1991
A Special Meeting of the Moorpark City Council of the City of Moorpark
was held on April 3, 1991 in the City Council Chambers of said City
located at 799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Mayor Lawrason called the meeting to order at 6:18 p.m.
Present: Councilmembers Montgomery, Perez, Talley,
Wozniak, and Mayor Lawrason.
Steven Kueny, City Manager; and Cheryl Kane,
City Attorney.
2. CLOSED SESSION:
MOTION: Councilmember Montgomery moved and Councilmember Wozniak
seconded a motion to go into Closed Session for a discussion of all
items listed on the agenda:
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. Litigation concerning the Moorpark Mosquito Abatement District
vs. City of Moorpark.
I. Litigation concerning Colonial Mortgage vs. the City of
Moorpark.
J. Negotiations for Real Property at 280 Casey Road (Moorpark
Unified School District) pursuant to Government Code Section
54945.8.
Minutes of the City Council
Moorpark, California Page 2 April 3, 1991
K. Negotiations for Real Property on Los Angeles Avenue (East)
pursuant to Government Code Section 54945.8.
L. Litigation concerning City of Moorpark vs. Chuy's Restaurant.
M. Litigation concerning Conejo Freeway Properties, LTD. vs. City
of Moorpark
N. 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.
The motion carried by unanimous voice vote.
Present in Closed Session were all Councilmembers; Steven
Kueny, City Manager; Richard Hare, Deputy City Manager; and
Cheryl Kane, City Attorney.
The meeting 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 2.A., 2.E., 2.H., and 2.J. were
discussed.
3. ADJOURNMENT:
MOTION: Councilmember Perez moved and Councilmember Wozniak
seconded a motion to adjourn. The motion carried by unanimous
voice vote. The time was 6:58 p.m.
ATTEST:
Lillian E. Kellerman, City Clerk
Paul W. Lawrason Jr., Mayor