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HomeMy WebLinkAboutMIN 1987 0916 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California __. __ ___September_ 16, 1 87 The regular meeting of the City Council of the City of Moorpark, California was held on September 16, 1987, in the Council Chambers of City Hall located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: The meeting was called to order at 7:10 p.m. by Mayor Clint Harper. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember John Patrick Lane. 3. ROLL CALL: Present: Councilmembers Eloise Brown, John Galloway, Thomas Ferguson, John Patrick Lane, and Mayor Clint Harper. Steven Kueny, City Manager; Cheryl Kane, City Attorney; Patrick Richards, Director of Community Development; Lt. Michael Brown, Sheriff's Department; Dennis Delzeit, City Engineer; John Knipe, Assistant City Engineer; Stan Raap, Fire Department; Thomas P. Genovese, Deputy City Manager; Michael Rubin, Senior Planner; and Maureen W. Wall, City Clerk. 4. PROCLAMATIONS COMMENDATIONS __AND SPECIAL PRESENTATIONS: A. Proposed Proclamation naming September 1987 as _PTA /PTSA Membership Month and honoring_those_o_r_gani_zations for their work with the community's children. The presidents of the elementary and high school PTA's and PTSA's were present to receive the approved proclamation read by Mayor Harper. B. Special Presentation_by_ Nancy Settle of the County of Ventura on the Tanner Plan. Ms. Nancy Settle was present and gave a brief overview of the Tanner Plan which relates to hazardous waste management. 5. REORDERING OFAND ADDITIONS 0,-THE-AGENDA: MOTION: Councilmember Lane moved and Councilmember Brown seconded a motion to add two items to the agenda since the need to take action arose subsequent to the posting of the agenda as Item 14.B., personnel; and Item 14.C., BIA v. City of Moorpark. The voice vote was unanimous. Minutes of the City Council Moorpark, California 2 September 16, 1987 MOTION: Councilmember Brown moved and Councilmember Ferguson seconded a motion to add an item concerning a septic tank being installed at the Grace Chapel project, since the need to take action arose subsequent to the posting of the agenda. The voice vote was unanimous, and the matter became Item 11.1. on the agenda. 6. PUBLIC COMMENTS: A. Ms. Jo Krasouski, 13144 Williams Ranch Road, asked the Council to ensure that their property would be protected from faulty drainage work which might be done on the Warmington project. B. Ms. Taree Bollinger, 6431 Linville Court, reported they were receiving bad cable service from the cable franchisee; asked the Council to consider the amount of traffic which would be added to Spring Road by the Embassy project (PD 1062 and PD 1063); and felt the commissioners should not be removed at the request of a single Councilmember. C. Mr. Gary Krantz, 13880 Mecham Way, representing Steeple Hill Homeowners' Association, reported a majority of residents in that area felt gas and alcohol sales and restaurants were an inappropriate land use for the Embassy project site. D. Mr. Tom Bradford, 13760 Donnybrook, asked the City Council to not approve the Embassy project resolutions. He further stated he would like to see the Council follow the Planning Commission's recommendations. E. Mr. Phil Vein, 6685 Princeton Avenue, representing U.S. Condominiums, asked the Council to resolve the situation of a transfer of a park site and payment of park fees as outlined in Item 11.A. F. Mr. Kevin Mauch, 13906 Keisha Drive, stated he did not want to see a gas station and long hours of operation allowed at the Embassy project since he felt it would bring more traffic into the area. G. Ms. Patricia Mettam, 13848 Meeham Way, felt traffic leaving the Embassy site might circulate onto residential streets, adding traffic near the schools. She felt the proposed project site was an important entry into the City, and should not have a mini - market on it. H. Mr. Frank Jansen, 800 South Figueroa, Los Angeles, representing the Embassy Group, stated they came to Moorpark to develop a nice commercial project. I. Mr. Michael Drummond, 12612 Ambermeadow, stated he liked the project, and asked residents to think about the City overall, and not be selfish about where mini -marts are located. He also stated he would like to be able to go to a store and get gasoline near his home. Minutes of the City Council Moorpark, California _ _ 3 _ _ September 16, 1987 J. Mrs. Beverly Harris, 13893 Christian Barrett Drive, presented the Council with a petition signed by 300 residents of the area near the Embassy project who did not want the project. K. Ms. Pat Basso, 3940 Southhampton Road, stated she did not like the project. She felt the retail stores were not needed due to the shopping centers at the corner of Spring Road and Los Angeles Avenue, the Town Center and Parklane. It was also her understanding that a commercial center was to be proposed in the Mountain Meadows area. L. Mrs. Sara Fossett, 4033 Southhampton Road, stated she strongly opposed the Embassy project. M. Mr. Richard L. Fossett, 4033 Southhampton Road, stated he was opposed to the project due to gasoline and alcohol sales. N. Ms. Sandra Stake, 14095 Atwood Court, stated she did not like the proposed shopping center. 0. Mr. Jerom Scherbenski, 13880 Meeham Way, stated he did not feel the project was appropriate aesthetically, since it abutted the Tierra Rejada Valley. P. Mr. Robert Mettam, 13848 Meeham Way, stated he did not want to see the project built. He commended the Planning Commission's decision to not approve the project, and felt there were many more negative impacts than positive ones. Q. Mr. Jay Seaborne, 13845 Meeham Way, did not like the project proposed, especially the gasoline and alcohol sales. He also felt traffic impacts would be too great. R. Ms. Helen Gabrielli, 12420 Spring Creek Road, stated she was opposed to the project, especially since it did not make an attractive entrance to the City. S. Mr. Joseph Panucci, 13693 Bear Valley Road, felt the majority of residents in the area were opposed to the project, therefore, the Council should not approve the project. T. Mr. Richmon Deas, 13092 William Ranch Road, reported the sidewalks on Williams Ranch Road were not poured consistently with the new part of the development. The angle of the driveway was too steep at his residence, and he could no longer get his travel trailer in and out of his driveway. He asked the Council to direct that the problem be corrected. U. Mr. Rich Mueller, 4075 Southhampton Road, called upon the Council to hear the voice of the people and not approve the Embassy project. He felt the residents had spoken with very legitimate concerns. Minutes of the City Council Moorpark,_California _ -..--4 _ Seetember 16, 1987 V. Mr. Greg Burkhardt, 3932 Southhampton Road, stated he did not like the Embassy project. He felt traffic impacts would be too great, and also did not like the sale of gasoline. W. Ms. Cathy Noyes, 3949 Hatfield Court, felt traffic impacts were already being felt on Tierra Rejada Road due to completion of residential projects, and felt the Embassy project would only add more traffic. She felt there were a sufficient number of gas stations nearby, and another one did not need to be added. X. Mr. Mike Werner, 3939 Southhampton, stated he did not like the Embassy project, or the increased traffic the project would bring. Y. Mrs. Karol M. Burkhardt, 3932 Southhampton Road, stated she did not like the Embassy project and the possibility of increased crime in the area which she felt the project would bring. She suggested a child care facility might be built on the site. Z. Mr. Robert Felburg, 13697 Christian Barrett Drive, supported the efforts shown by the residents who were opposed to the Embassy project. He also did not like the design of the buildings being proposed. AA. Mr. Maurice L. Powell, 4155 Willow Creek Lane, stated the commercial center added in the Campus Park area was nice for a short while, and then became a negative impact on the area. He felt the Council should listen to how the majority of the people felt about the Embassy project. BB. Mr. Henry Harris, 13756 Gunsmoke Road, spoke against the Embassy project, commenting he did not feel it would be a problem to develop this area in a more suitable way. CC. Mrs. Patti Smith, 12686 Countrymeadow Street, stated she did not want to see Ordinance No. 33 changed to allow a single Councilmember to remove a commissioner. She also was not in favor of the Embassy project since traffic would be increased, and she did not feel the project was aesthetically pleasing. Ingress /egress of the project was not good, and a traffic signal at the intersection of Tierra Rejada Road and Spring Road should be operational prior to the project opening, if the project were approved. She urged the Council to not approve the project. DD. Mr. Bernardo M. Perez, 4237 Canario Court, felt the traffic studies were inadequate, since the developer would be adding more traffic to an already over burdened intersection. He asked the Council to not approve the Embassy project. EE. Mr. Richard Lannom, 3907 Hatfield Court, asked the Council to not approve the Embassy protect. FF. Mr. Hardy Strozier, 3151 Airway Avenue, Costa Mesa, representing National Convenience Stores, stated he was available to answer Minutes of the City Council Moorpark, California 5 September 16, 1987 any questions the Council might have concerning the so- called Embassy project. GG. Ms. Michele Kitka, 3948 Southhampton Road, felt another traffic impact study should be done on the proposed Embassy project. HH. Ms. Robin Harikul, 14077 Hargrove Court, felt the City had too many empty commercial sites for rent currently. Another commercial site was not needed at this time. II. Ms. Carol Wheelis, 14092 Hargrove Court, did not like the Embassy project and asked the Council to follow the Planning Commission's recommendations. JJ. Mr. Les Zoeller, 14028 Atwood Court, stated as a police officer for 15 years, he felt the Embassy project would bring a bad element into the neighborhood. KK. Ms. Judi Goldman, 13791 Donnybrook Lane, stated she was opposed to the Embassy project. LL. Mr. Edward Alberts, 4007 Weeping Willow, stated he did not like the Embassy project as proposed. He felt a majority of the residents within one -half mile of the project were not in favor of it. MM. Mr. Thom Bradstock, 4014 Weeping Willow, stated he did not want to the see the proposed Embassy project built. NN. Mr. Joel Falter, representing DKS Associates, the traffic consultant for PD 1062 and PD 1063 who did the traffic study, stated they had worked with the City Engineer's office and felt the study was complete. 00. Mr. William Fraser, 3929 Willow Creek Lane, was opposed to the Embassy project. PP. Mrs. Jackie Fraser, 3929 Willow Creek Lane, stated she felt the record number of public speakers indicated residents' concern that the Embassy project not be approved. QQ. Mrs. Peggy Tenplaten, 3917 Willow Creek Lane, stated she was opposed to the Embassy project and asked the Council to disapprove it as presented. RR. Ms. Sherri Collins, 13890 Donnybrook Lane, was opposed to the Embassy project due to traffic impacts and long hours of operation. SS. Ms. Marjorie Blye, 4122 Oakcliff Drive, stated the traffic and noise levels in the area were already high. She asked the Council to re- consider approval of the Embassy project. TT. Mr. Walter Trella, 13468 Quail Summit, stated he was in favor of the Embassy project. Minutes of the City Council Moorpark, California 6 _ ._ September 16, 1987 AT THIS POINT IN THE MEETING, the Council recessed, the time being 9:10 p.m. At 9:20 p.m., the full Council reconvened. Councilmember Lane commented the stop sign at Christian Barrett and Southhampton would be installed soon. Council also asked staff to look into Mr. Richmond Deas' sidewalk and driveway problem. Councilmember Ferguson commented the gasoline pumps at the proposed Embassy project were turned inward on the project after a public meeting indicated citizens were concerned about their placement. Councilmember Galloway did not feel the ingress /egress of the project would be a problem. He felt environmental impacts and impacts which can be mitigated are what should be considered. Mayor Harper asked the City Engineer to look into the Warmington drainage concerns mentioned, and then report back to Council. He also commented the cable television service complaints should be reviewed prior to any future franchise extension. 7. COMMITTEE REPORTS: Councilmember Brown submitted a report concerning the VCAG meeting of September 16, 1987 which she attended. 8. CONSENT CALENDAR: Consent Calendar Items B.B., 8.C., 8.D., 8.G., and 8.H. were pulled for individual consideration. A. Approval of Warrant Register: - Prepaid Warrants No. 5537 to 5563 $25,607.39 - Payable Warrants No. 5564 to 5611 $143,109.62 E. Resolution No. 87- 414._ A resolution establishing "No Parking Any Time" zones on both sides of Tierra Rejada Road from Spring Road to Los Angeles A_venue. Staff recommended Council approve the resolution. F. Resolution No. 87 -415. _A resolution fixing the compensation of members of the Planning Commission and members of the Parks and Recreation Commission. Staff recommended Council approve the resolution. I. An informational report_ concernin_q_ the conditions prepared for the Moorpark Country_ Days __e_vent. Staff recommended Council receive and file this report. J. Consider a Claim for Damages_ presented by Ms. Gina Pape. Staff recommended Council deny the claim and direct the City Clerk to so inform the claimant. Minutes of the City Council Moorpark, California 7 September 16, 1987 K. Consider an agreement with Arthur Young and Company for annual audit services. Staff recommended Council approve the agreement. L. Consider a request from the Director of Community Development to use contract planning services for the processing of a Major Modification to DP -302. Staff recommended Council approve the contract with Sanchez Talarico Associates and authorize the Major to sign the agreement on behalf of the City. MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to approve Consent Calendar Items 8.A., 8.E., 8.F., 8.I, 8.J., 8.K., and 8.L. The roll call vote was unanimous. B. Resolution No. 87 -416. A resolution approving a 31,560 square foot commercial neighborhood shopping center on the northwest corner of Spring Road and Tierra Rejada Road. Staff recommended Council approve the proposed resolution. Council directed the following amendments be made to the resolution presented for approval: Concerning the raised median, at the City's option, street width may have 14 feet of additional asphalt- concrete paving instead of the raised median installed by the developer. Prior to zone clearance, developer shall pay the then applicable Area of Contribution payment plus bond or deposit in excess of that payment for a total estimated amount of $130,000 for the installation of the signal at the intersection of Tierra Rejada Road and Spring Road. Condition No. 20, relating to the addition of a southbound right turn overlap signal phase, was deleted. No public telephones or video games will be permitted. MOTION: Councilmember Ferguson moved and Councilmember Galloway seconded a motion to approve Resolution No. 87 -416 as amended. AMENDMENT TO THE MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to limit the hours of operation to 7:00 a.m. to 10:30 p.m. The amendment to the motion carried with Councilmembers Ferguson and Lane voting no. The main motion, as amended, was approved with Councilmember Lane and Mayor Harper voting no. Councilmember Lane commented he felt an EIR should be required, and that the water and sewer question should be resolved prior to approval of the project. C. Resolution No. 87 -417. A resolution approving a 3,090 square foot convenience store with gasoline sales located on the northwest corner of Spring Road and Tierra_Reada Road. Staff recommended Council approve the resolution. Minutes of the City Council Moorpark, California 8__ September 16, 1987 Councilmember Brown asked that the convenience store have rest rooms open during its operating hours. MOTION: Councilmember Brown moved and Councilmember Ferguson seconded a motion to condition that one rest room for men, and one rest room for women, on site, would be open during the operating hours at the convenience store. The motion was approved by a voice vote with Mayor Harper voting no. MOTION: Councilmember Galloway moved and Councilmember Brown seconded a motion to delete Additional Planning Commission Condition No. 8, which related to the limitation to a maximum of two amusement machines, as no video machines were to be allowed. The voice vote was unanimous. MOTION: Councilmember Lane moved and Mayor Harper seconded a motion to condition that the convenience market shall be limited to one public telephone inside the store for out -going calls only, and one outside phone for out -going calls only. The motion was approved by a voice vote with Councilmember Galloway voting no. AT THIS POINT IN THE MEETING, the Council recessed, the time being 10:10 p.m. At 10:20 p.m., the full Council reconvened. MOTION: Councilmember Galloway moved and Councilmember Ferguson seconded a motion to condition that store hours shall be limited to 6:00 a.m. to 11:00 p.m. The motion was approved by a voice vote with Councilmember Lane and Mayor Harper voting no. MOTION: Mayor Harper moved and Councilmember Lane seconded a motion to not allow gasoline sales at the convenience market. The motion failed on a roll call vote with Councilmembers Brown, Galloway and Ferguson voting no. Mayor Harper asked the Council to work together to reach a compromise. Councilmember Ferguson stated he felt not allowing gasoline sales would be an undue burden on the proposed market, since gasoline sales accounted for approximately 30% of its business. MOTION: Councilmember Galloway moved and Councilmember Brown seconded a motion to approve Resolution No. 87 -417 as amended. The motion was approved by a voice vote with Councilmember Lane and Mayor Harper voting no. D. Resolution No. 87 -418. _ A_ resolution approving Land Division Moorpark No. 11 so as to subdivide a 4.47 acre site into two lots located on the northwest corner of Spring Road and Tierra_ Rejada Road. Staff recommended Council approve the - resolution. MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to condition that prior to recordation, an "Unconditional Will Serve" letter for water and sewer service Minutes of the City Council Moorpark, California _.__9 _ September 16, 1987 shall be obtained from Ventura County Waterworks District No. 1, or that the applicant shall have satisfied all requirements of the Ventura County Waterworks District No. 1 for annexation and will be provided with both water and sewer or provided temporary water service from Camrosa Water District to the satisfaction of the County Waterworks District, The motion was approved by a voice vote with Councilmember Lane and Mayor Harper voting no. MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to adopt. Resolution No. 87 -418 as amended. The motion was approved by a voice vote with Councilmember Lane and Mayor Harper voting no. G. Resolution No. 87 -419. A resolution to extend the Ventura County Cablevision Cable_ T.U. Franchise to allow for franchise renewal negotiations. Staff recommended Council approve the proposed resolution. MOTION: Councilmember Galloway moved and Councilmember Brown seconded a motion to direct that the ad hoc committee meet to discuss some of the concerns regarding service raised by residents, and to approve Resolution No. 87 -419 as presented. The voice vote was unanimous. H. Resolution No. 87 -420. A resolution authorizing investment of City monies in the County Treasury for the purpose of investment by the County Treasurer. Staff recommended Council approve the resolution. MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to approve Resolution No. 87 -420. The voice vote was unanimous. 9. PUBLIC HEARINGS: A. Public Hearing to consider the proposed amendments to Chapter 1 (Zoning) of Division 8 _(Planning and Development) of the Moorpark Municipal Code _pertai_ning _ to minor modification procedures and time periods for the appeal of actions by the Planning Commission. Staff recommended Council continue the Public Hearing to the next regularly scheduled meeting. The duly noticed Public Hearing was opened and then closed when no one wished to address the Council. MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to continue the Public Hearing on this item to October 7, 1987. The voice vote was unanimous. 10. COMMENTS FROM COUNCILMEMBERS: A. Consideration of a letter received from Mr. Jerry Strauqhan of Moorpark Colleqe asking_for __assistance from the Council and Minutes of the City Council Moorpark, California _ 10 _ _September 16, 1987 staff with a proposed community survey_ his class will be conducting. By consensus of Council, consideration of this item was continued to October 7, 1987. 11. DISCUSSION /ACTION ITEMS: A. Consider a request by U.S. Condominium concerning the transfer of a park site and payment of_ park fees. Staff recommended Council refer the matter to the appropriate City Council ad hoc committee. Steven Kueny, City Manager, gave a brief overview of the staff report dated September 11, 1987. It was his recommendation to refer the matter to the Council's Facilities Committee. By consensus of Council, this committee was to review the matter, and their recommendations were to be presented to the Council on October 7, 1987. B. Consider the establishment_ of priorities for City projects and responsibilities. Staff recommendation Council give staff direction as deemed appropriate. Consideration of this item was continued to October 7, 1987. C. Consider a review of existing�City Ordinances concerning illegal dumping. Staff recommended Council direct staff as deemed appropriate. No staff report was prepared nor given. Councilmember Ferguson commented he would like to see the City amend its ordinance regarding dumping to provide no dumping within the City limits; to provide a permit for a property owner to dump on his own property; if convicted of illegal dumping, the person convicted should face a $1,000 minimum fine; a $1,000 reward should be established for the arrest and conviction of illegal dumping; abandoned vehicles within the City limits should have a fine if they are not registered or not used for six months with removal costs to be borne by the owner; a $500 littering fine should be imposed; a $250 reward should be established for the arrest and conviction of littering; and the railroad should also have to keep their property cleared. Councilmember Ferguson offered to match the $1,000 fine for dumping with an arrest and conviction of illegal dumping. By consensus of the Council, the matter was referred to Lt. Brown and Councilmember Ferguson for further review, with report back to Council in the near future. D. Consideration of the City's_response to the Draft Environmental Impact Statement for the 118/23 freeway connection. Staff recommended Council direct staff as deemed appropriate. Minutes of the City Council Moorpark, California 11 September 16, 1987 By consensus of Council, their original comments of September 9, 1987 as well as the checklist were directed to be sent by staff to CalTrans, the City Councils of the Cities of Simi Valley and Thousand Oaks. E. Consider a report concerni_nq_Delfen Street circulation. Staff recommended Council consider the alternatives presented and direct staff as deemed appropriate. Mayor Harper passed the gavel to Mayor Pro Tem Brown and then stepped down from the dais due to a conflict of interest. He is a member of the staff at Moorpark College. No additional staff comments were made. By consensus of Council, the matter was sent to an ad hoc committee composed of Councilmembers Galloway and Lane for review. Mayor Harper returned to the dais. F. Consider a report regarding entitlement processing and approval authority. Staff recommended Council give staff direction as deemed appropriate. Consideration of this item was continued to October 7, 1987. G. Consideration of the addition of tree removal sites to the Tree Removal Project. Staff recommended Council give staff direction as deemed appropriate. Thomas Genovese, Deputy City Manager, gave the staff report dated September 11, 1987. MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to authorize the addition of locations numbers 35 through 55 of Exhibit A of the September 11, 1987 staff report to the contract Specifications as an addendum and addition to the Tree Removal; administration and inspection costs will be done in -house on a not to exceed 40 hours basis, with the City Engineer's office to assist, and the Facilities Coordinator to monitor and inspect the sites, letters are to go out to homeowners with a list of all trees to show them what the overall impact is and a public hearing will be held on the matter; a report is to be brought back to Council showing the total administrative costs, the tree replacement costs and when the replacement program will begin. The voice vote was unanimous. H. Consider the award of ._a _bid for purchase of City vehicles. Staff recommended Council give staff direction as deemed appropriate. Consideration of this item was continued. I. Consideration of the Grace Chaff el C.U.P. Minutes of the City Council Moorpark, California _ 12_ _ September 16, 1987 Councilmember Brown reported that the Waterworks District was going to allow the installation of a septic tank at the new church site. However, she pointed out the site was not just for a church, but for a child care center where the soil might be adversely affected due to greater use of the facilities. MOTION: Councilmember Brown moved and Councilmember Ferguson seconded a motion to initiate a City Council generated appeal for Council's meeting of October 7, 1987. The voice vote was unanimous. AT THIS POINT IN THE MEETING, Council recessed, the time being 1:15 a.m. At 1:20 a.m. the full Council reconvened. 12. ORDINANCES: A. Further Council consideration__ of possible amendments to Ordinance No._ 33, an ordinance of the City pertaining to commissions. Consideration of this matter was continued. B. Ordinance No. Initiative Ordinanc Management System of Allocation for the Council approve the introduction. An ordinance amending Measure F. An Establishing a Residential Development the City of Moorpark, deleting reference to 1986 Calendar Year. Staff recommended proposed ordinance for first reading and Cheryl Kane, City Attorney, gave an oral report concerning this proposed ordinance. This ordinance should be read for the first time only, and then have its second reading and adoption after the resolution implementing Measure F is approved. She suggested the Council also consider this matter in Closed Session pursuant to Government Code Section 54956.9(b)(1). MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to add discussion of this item to the agenda pursuant to Government Code Section 54956.9(b)(1). The voice vote was unanimous. 13. FUTURE AGENDA ITEMS: The following agenda items were directed to be placed on future Council agendas: a letter to the County Board of Supervisors concerning the increase of effulent in the flood control channel, a response to Mr. Velasquez' letter concerning his recycling requirements of AB -1010; update on Peach Hill Park, and Williams Ranch Road sidewalk /driveway concerns. MOTION: Councilmember Brown moved and Councilmember Ferguson seconded a motion to add an item to the agenda concerning an appeal of the C.U.P. and D.P. for a project located at Goldman and Los Angeles Avenue, since the need to take action arose subsequent to the posting of the agenda. The voice vote was unanimous. Minutes of the City Council Moorpark, California MOTION: Councilmember Brown moved and Cc a motion to initiate a Council - generated D.P. for the project located at Goldman the date the appeal will be heard to meeting. The voice vote was unanimous. 14. CLOSED SESSION: _ Se tember lb, 1987 )uncilmember Galloway seconded appeal of the C.U.P. and the and Los Angeles Avenue, with be set at the next Council A. Discussion of potential litigation under Government Code Section B. Personnel. C. BIA v. Citv of Mooraark. MOTION: Councilmember Brown moved and Councilmember Ferguson seconded a motion to go into Closed Session to discuss Items 14.A., 14.B., and 14.C. The voice vote was unanimous. The time of adjournment to Closed Session was 1:51 a.m. AT THIS POINT IN THE MEETING, the Council recessed. At 1:55 a.m. the full Council reconvened in Closed Session with Steven Kueny, City Manager and Cheryl Kane, City Attorney also present. Councilmember Ferguson left the meeting at 2:55 a.m. The Council reconvened in Open Session at 2:57 a.m. MOTION: Councilmember Galloway moved and Councilmember Brown seconded a motion to approve Progress Payment #1 to C.C. Myers in the amount of $40,382.55. The roll call vote was unanimous with Councilmember Ferguson absent. The City Attorney stated there was no action to report out of closed session. 15. ADJOURNMENT: MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to adjourn the meeting to September 23, 1987, at 7:00 p.m. The voice vote was unanimous with Councilmember Ferguson absent. The time of adjournment was 2:58 a.m. Mayor ATTEST: ATTEST: