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HomeMy WebLinkAboutMIN 1991 0515 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California May 15, 1991 A Regular Meeting of the City Council of the City of Moorpark was held on May 15, 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 7:20 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Montgomery. 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; Sgt. Rouse 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; Paul Porter, Senior Planner; Charles Abbott, City Engineer; John Knipe, Willdan Associates; Don Reynolds, Management Analyst; Lillian Kellerman, City Clerk. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Recognize Robert Hopkins for Tree Planting at Monte Vista Nature Park Councilmember Talley presented the proclamation to Jeff Brown, the Scout Committee Chairman for Troop 707. Mayor Lawrason presented the proclamation to Robert Hopkins. Minutes of the City Council Moorpark, California Page 2 May 15, 1991 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Wozniak explained to the audience that Item 11.F. regarding the Cinco de Mayo Report was going to be continued to an adjourned meeting on May 22, 1991. Councilmember Montgomery requested that Item 11.D. regarding the Report from Budget and Finance Committee on Emergency Medical Services be heard as the first Action /Discussion item and that testimony from the public be deferred until the item was heard. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to allow Item 11.D. to be moved to the first Action/ Discussion item and public comment on the item to be deferred until and allowed at the time the item is heard. The motion carried by unanimous voice vote. Councilmember Perez requested that a Proclamation to proclaim Peace Day on Sunday, May 19, 1991 be added to the agenda, need for action having arisen after the posting of the agenda. MOTION: Councilmember Perez moved and Councilmember Talley seconded a motion to add a Proclamation to the agenda to proclaim Peace Day on Sunday, May 19, 1991, the need for action having arisen after the posting of the agenda. The motion carried by unanimous voice vote. Councilmember Montgomery requested that Consideration of the State Household Hazardous Waste Grant Allocation Funding be added to the agenda as Item 11.I. Mr. Kueny requested that the Conditional Use Permit related to the Boys & Girls Club Application be added to the agenda as Item 11.J. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to add to the agenda Consideration of the State Household Hazardous Waste Grant Allocation Funding as Item 11.I. and Conditional Use Permit related to the Boys & Girls Club Application as Item 11.J., the need for action on these items having arisen after the posting of the agenda. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 3 May 15, 1991 Councilmember Perez read the Proclamation for Peace Day. 6. PUBLIC COMMENT: A. Harvey Bredemann, 45 E. High Street, spoke representing the Moorpark Melodrama. He indicated that there is a continuing problem with vehicles that have been parked in the lot behind the Bar -B -Q Joint having smashed windows when customers come out of the performances. Mr. Bredemann stated that the youths who congregate by the railroad tracks are the ones responsible for the broken windows. He suggested that construction of a fence so the youths could not flee the police so easily or improved lighting in this area might prevent this from happening. B. Phil Vein, 6910 Queens Court, presented an oak speaker podium to be used in the Senior Center. C. Gloria Nainoa, the City Counc Mayo festival. Phil Newhouse, his time and success. 12685 Crystal Ranch Road, thanked it for their support of the Cinco de She also expressed appreciation to Director of Community Services for effort in making the festival a D. Sam Nainoa, 12685 Crystal Ranch Road, read a letter from Lynn Crockatt, Parks and Recreation Commissioner, regarding the Cinco de Mayo festival. The letter expressed concerns over allegations about the expenditure of funds from the festival. E. Judy Vickers, 12089 Havencrest Street, represented the Downtown Committee of the Moorpark Chamber of Commerce. She thanked the Council for their support of the revitalization efforts that the Committee is hoping to accomplish. F. Teresa Godinez, 888 Ashland Avenue, Simi Valley, expressed appreciation for all the hard work of the volunteers of the Cinco de Mayo festival. She stated that it was a success and united the community for a day. She asked the Council to pay the additional costs not allocated in the budget for the event. Minutes of the City Council Moorpark, California Page 4 May 15, 1991 G. Thomas Cushman, 3826 Township Avenue, Simi Valley, spoke as a partner in the Moorpark Car Care project (PD 1066) . He requested approval of the minor modification for this project and hoped there will be no further changes. H. Eloise Brown, 13193 Annette Street, said she had attended the Citizens Transportation Advisory Committee meeting and there had been discussion about the bus in Moorpark running an extra hour in the area of Litton Industries. She said this idea should be considered especially with the present construction that is taking place in that area. Mrs. Brown also inquired when the materials will be available for the next General Plan Update meeting. I. Gerry Goldstein, 11934 Los Angeles Avenue, spoke regarding a drive -by shooting that had taken place a year ago and had caused damage to a mirror on his vehicle. J. Leonard Liston, 12850 Andawsly Drive, spoke regarding the Moorpark Car Care. He requested the City Council approve the minor modification to the car wash without delay. K. Kenton Rainey, 10779 Citrus Drive, expressed support of the paramedic service at the Fire Department Stations. He said it is in the best interest of the City to implement this service. 7. COMMITTEE REPORTS: Councilmember Montgomery informed the Council that he would be providing a report to them on the Waste Commission meeting he had attended. 8. CONSENT CALENDAR (Roll Call Vote): MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to pull items 8.I. and 8.J., and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Regular City Council Meeting of May 1, 1991. Minutes of the City Council Moorpark, California Page 5 May 15, 1991 Consider Approval of Minutes of Special City Council Meeting of May 1. 1991. Consider Approval of Minutes of Adjourned City Council Meeting of June 9, 1986. Consider Approval of Minutes of Adjourned City Council Meeting of March 17, 1984. Consider Approval of Minutes of Adjourned City Council Meeting of March 14, 1984. Staff Recommendation: Approve minutes as processed. B. Warrant Register Manual Warrants Voided Warrants Warrants 15240 - 15249 13666, 13890, 15152 15254 - 15300 $ 71,735.14 $ (6,005.54) $1901267.14 C. Consider An Appropriation of $30,639 from General Fund to Cover the Costs of the Retroactive Deposit Calculation Made for the Southern California Joint Powers General and Auto Liability Self - Insurance. Staff Recommendation: Authorize appropriation of an additional $30,639 from general fund reserve to the general fund administrative services budget line item for insurance services. D. Consider Amendments to Moorpark Operating Procedure No. 1 Dealing with Travel and Expense Reimbursements. Staff Recommendation: Approve amendments as presented by staff. E. Consider Resolution No. 91 -759 Approving the FY 91192 Engineer's Report for Parks Maintenance Assessment District (AD85 -1). Staff Recommendation: Adopt the resolution. F. Consider Resolution No. 91 -760 Declarina Council's Intention to Make Certain Changes and Order the Annual Assessments for the FY 91/92 Parks Maintenance Assessment District No. AD 85 -1. and Fixing the Public Hearing. Staff Recommendation: Adopt the resolution. Minutes of the City Council Moorpark, California Page 6 May 15, 1991 G. Consider Resolution No. 91 -757 Approving the FY 91/92 Engineer's Report for Lighting and Landscaping Maintenance Assessment District (AD 84- 21. Staff Recommendation: Adopt the resolution. H. Consider Resolution No. 91 -758 Declaring Council's Intention to Make Certain Changes and Order the Annual Assessments for the FY 91/92 Lighting and Landscaping Maintenance Assessment District No. 84- 2; and Fixing the Public Hearing. Staff Recommendation: Adopt the resolution. K. Consider Adoption of Resolution No. 91 -761 - A Resolution Clarifying the zone Boundary Between the Rural Exclusive and Rural Exclusive Five -Acre Zones within Tract 4652 (Gunv). Staff Recommendation: Approve Resolution No. 91 -761. L. Consider Approval of Tentative Tract 4652 (Guny) - Proposed Resolution No. 91 -762. Staff Recommendation: Approve Resolution No. 91 -762 regarding Tract 4652 with conditions as proposed by staff and amended by Council. M. Consider Minor Modification to PD 851 (Dicecco) - A Proposal to Add a Second Story to an Existing Single Story House. Staff Recommendation: Receive and file the report. N. Consider Authorization to Advertise for Receipt of Bids for the Construction of a Traffic Signal at Spring Road and Peach Hill Road. Staff Recommendation: Approve plans and specifications and authorize staff to advertise for bids. O. Consider Legislation -- Senate Bill 208 Assembly Bill 1865, Senate Bill 1238, and Assembly Bill 652. Staff Recommendation: Authorize the Mayor to send appropriate letters opposing all 4 bills. P. Consider a Request by Staff to Attend the American Planning Association's Hillside Grading Seminar on June 7, 1991. Staff Recommendation: Approve the staff's attendance at the APA Hillside Grading Seminar. Minutes of the City Council Moorpark, California Page 7 May 15, 1991 Q. Consider Authorizing an Asbestos Material Survey of the Community Center by Gale /Jordan Associates, Inc. Staff Recommendation: Authorize the City Manager to engage Gale /Jordan Associates, Inc. to conduct an asbestos survey and appropriate $2,000 from the Parks Improvement Fund - Community Center Account. R. Consider Reduced Bus Fare for Summer 1991. Staff Recommendation: Approve a $10 summer pass effective June 17, 1991. S. Consider a Request for Bond Exoneration Regarding a Public Works Surety for PD 1040 (Schleve). Staff Recommendation: Approve the release of this public improvement bond for PD 1040. T. Consider Resolution No. 91- Concerning Gift to City of Transportation Services for Tour of JBR and Schleve Properties on May 20, 1991. Staff Recommendation: Approve Resolution No. 91- U. Consider Resolution No. 91- Concerning Gift to City of Transportation Services for Tour of Levy and Estes Properties on May 29, 1991. Staff Recommendation: Approve Resolution No. 91- The following items were pulled from the Consent Calendar for individual consideration: I. Consider a Request Regarding the Director of Community Development Attending the League of California Cities Downtown Revitalization Workshop on June 12 and 13, 1991. Staff Recommendation: Approve the Director's attendance at the League of California Cities Workshop on June 12 and 13, 1991. In response to Councilmember Perez, Mr. Richards indicated that a $68.00 round trip plane ticket would be purchased for travel to the Workshop. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to approve the staff recommendation to approve the Director's attendance at the League of California Cities Workshop on June 12 and 13, 1991. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 8 May 15, 1991 J. Consider Minor Modification to PD 1066 (Liston) - A Modification to the Approved Landscape Plan and Conditions of Development Approval. Staff Recommendation: Receive and file the report. In response to Councilmember Perez, Mr. Richards indicated that Condition 6, "gasoline sales to be conducted only in conjunction with the washing of a vehicle, i.e., only those receiving car washes can purchase gas" would be enforced through Code enforcement action. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the staff recommendation to receive and file the report. The motion carried by unanimous voice vote. 9. PUBLIC HEARINGS: A. Consider a Report Reaardina Home Occupation Permits Suggesting a Specific Time Limitation and Proposed Fee. Staff Recommendation: Staff Recommendation: Continue this item to the June 5, 1991 meeting. (Continued Item 9.B. from 5/1/91.) Public Hearing to remain open. Mayor Lawrason declared that the public hearing was still open. The City Clerk noted that there are no speaker cards received for this item. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to continue the item to the June 5, 1991 City Council meeting. The motion carried by unanimous voice vote. B. Consider LDM -90 -4 (Land Division Moorpark) , IPD -90- 1 (Industrial Planned Development), CUP -90 -1 (Conditional Use Permit), V -90 -2 (Variance) - Martin V. Smith and Associates. Subdivision of a 7.52 acre parcel into two parcels of 2.88 and 4.64 acres. Industrial Planned Development Permit and Conditional Use Permit to construct 135 room hotel and 5,100 square foot restaurant. Variance to encroachment into required rear yard area. Location: Northeast corner of Flinn Avenue, East of Spring Road and south of Southern Pacific Railroad. Staff Recommendation: Approve the requested entitlements with conditions as proposed by the Planning Commission and staff. Minutes of the City Council Moorpark, California Page 9 May 15, 1991 Mr. Porter gave the staff report. Mayor Lawrason opened the public hearing. Mitchell Kahn, 300 Esplanade Drive, legal counsel for the applicant, gave opening remarks and indicated that the proposed hotel will be an asset to the City of Moorpark and will be owned and operated by Martin V. Smith Associates. He addressed two concerns that had been discussed: a. One of the concerns of the City is that parking in the rear of the project will not be used due to inconvenience and security reasons and it will cause a parking problem in the front of the project. He said the plans have been revised to add an access door to the rear of the hotel. b. A second concern is the City wants to see some greenery around the project. Mr. Kahn stated that they will landscape, with drought tolerant plants, to provide the desired greenery. He continued by stating that the applicant, Martin V. Smith, does not believe the realignment of Flinn Avenue is essential to the project. Tom Montgomery, 2151 Alessandro Drive, Ventura, represented Tom Montgomery and Associates, the traffic engineer for the project. He stated that the left turn situation at Flinn Avenue without traffic signal control may prove to be dangerous, but he knows of no hazard history at this particular intersection. Mitchell Kahn spoke again and addressed the following items: a. He said the applicant believes 237 parking spaces is more than adequate to accommodate parking for the hotel and the restaurant. b. The 24 -foot sign is necessary for the establishment to be seen and it should be approved. Minutes of the City Council Moorpark, California Page 10 May 15, 1991 C. He stated that the traffic mitigations and fees that are being requested by the City are excessive. He said the applicant needs to be able to identify the fees and project the costs instead of having an open -ended obligation to the City. Linda Plaks, 4957 Mira Sol, spoke on behalf of the Chamber of Commerce. She encouraged the City Council to approve the hotel project as it is presented without major changes. Carol Hunt, 530 Moorpark Avenue, Suite 160, speaking on behalf of the Chamber of Commerce, also appealed to the Council for approval of the hotel project. She said the downtown area needs this type of establishment. Doug Frazier, 237 Sierra Avenue, spoke representing himself and Ethel Sulkis, 270 Sierra Avenue. He spoke in favor of the hotel, but questioned what dictated the architectural design of the hotel and what hours of operation the restaurant will observe. Mr. Frazier expressed concern about the abolishment of the left turn lane from Spring Road onto Second Street. He believes it should remain as it is. AT THIS POINT in the meeting a recess was declared. The time was 10: 10 p.m. The meeting reconvened at 10: 3 0 p.m. Councilmember Montgomery asked if a condition could be written with regard to the proposed restaurant so there would be assurance that the restaurant type of use would continue through the term of the entitlement rather than a bar use. Mr. Richards said that "no fixed bar" could be stipulated or a stipulation made that if establishment of a fixed bar was contemplated it would require a CUP. BY CONSENSUS: By consensus, the Council determined to add the condition that if a fixed bar was requested, it would require a modification to the CUP. Councilmember Perez asked for a sense of the Council's position on signalization requirements for the project. Minutes of the City Council Moorpark, California Page 11 May 15, 1991 Councilmember Montgomery suggested that there be signalization of the intersection at Second Street and Spring Road and at the intersection of Flinn Avenue and Spring Road, the timing of the signals to be coordinated. Councilmember Perez suggested that the project be conditioned that at any time the City can determine to ask for the signalization improvements to be completed once Spring Road is a City street. Councilmember Montgomery suggested that the applicant be conditioned to provide for the signalizations as outlined above, providing a bond for the improvements which could be held until the approvals for the signalization or the relinquishment of Spring Road by Caltrans occurred, at which time the City would have jurisdiction, after which time the improvements could be completed by the applicant. In response to Councilmember Perez, Mr. Kueny suggested that a letter of credit rather than a bond would be the preferred developer guarantee. Mr. Kueny also said that the condition should include language that when CalTrans relinquishes Spring Road, the signalization can be installed at the City's sole determination. In response to Mr. Kueny's question regarding the raised median, Mr. Knipe said that the exhibit of the March 27 letter referred to in Condition 25 showed the median extending north on Spring Road beyond the entrance to the project. Councilmember Montgomery said it is intended that left turn movement be allowed for north bound traffic on Spring Road to west bound on Second Street. Mr. Kueny clarified that left turn movement out of the referenced project entrance /exit would not be allowed and the raised median would be needed to assure that condition. Mayor Lawrason closed the public hearing. Minutes of the City Council Moorpark, California Page 12 May 15, 1991 MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to direct staff to have the applicant (1) submit plans for the signalization of the intersections of Second Street and Spring Road, and Flinn Avenue and Spring Road, the timing of the signals to be coordinated; (2) the applicant to provide a letter of credit in an amount sufficient to cover the installation of such improvements, the letter of credit to be modified from time to time as costs for the improvements may increase, until such time as approval is granted or the relinquishment of Spring Road by CalTrans allows the City at its discretion to have the signalization installed; (3) the applicant to obtain approval of the design for the signalization from both the City and CalTrans prior to occupancy but language to be added that if the project is ready for occupancy and CalTrans has not yet approved the signalization in spite of the diligent pursuit of approval by the applicant, the applicant's occupancy release shall not be delayed; the proposed median on Spring Road in front of the entrance to the project to remain in the plans to prevent left turning movement from that entrance /exit; left turning movement to be allowed from Spring Road onto Second Street. The motion carried by unanimous voice vote. Councilmember Wozniak said he would like staff to look at drought tolerant plantings for the landscaped bermed areas of the median. Councilmember Wozniak said the newly proposed access door at the back of the hotel near the pool was needed so that parking in the back of the hotel will be used. Ms. Kane said that the variance findings regarding parking contained in the staff report are of "doubtful legality." She said that under the newly adopted parking requirements this project does meet parking standards. She said the applicant only needs to withdraw that portion of the variance application dealing with parking. Mr. Kahn said that he will stipulate to the new parking standards and will withdraw that portion of the variance application dealing with parking. Minutes of the City Council Moorpark, California Page 13 May 15, 1991 Councilmember Montgomery suggested that the Council deem the monument /structure sign, including the sign that may be placed at the rear of the building, as part of the sign program that must subsequently be submitted and approved. He also suggested that a Council Committee review the sign program for the project. BY CONSENSUS: By consensus, the Council determined to deem the monument/ structure sign, including the sign that may be placed at the rear of the building, as part of the sign program that must subsequently be submitted and approved and to direct the Community Development Committee to review the sign program. In response to Councilmember Perez, Mr. Richards said that the intrusion of the loading area into the normal set back area will require only a slight redesign. Ms. Kane said that in waiving the set back requirements, the Council might be setting a precedent for other developers. Mr. Kueny said that the property line could be moved five feet to meet the set back requirements. Mr. Kahn agreed that the applicant would move the property line five feet to meet the set back requirements. He stated that he did not rescind his stipulation regarding parking. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to direct the applicant to build the required storm drain, including the lines in Spring Road and Flinn Avenue, paying the full amount for construction; the applicant and the City to enter into an agreement that as the vacant land developed those developments would be conditioned to provide their pro rata share of the cost of the storm drain and this project's applicant would be reimbursed; there to be no City participation in the cost of the construction of the storm drain; no Area of Contribution fees to be expended for this purpose. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 14 May 15, 1991 Mr. Kueny said that with regard to Condition #27, the applicant has asked for additional language to give the applicant or their successors the right to protest the amount of an assessment district fee but not the formation of an assessment district. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to allow the additional language requested by the applicant giving the applicant or their successors the right to protest the amount of an assessment district fee but not the formation of an assessment district. The motion carried by unanimous voice vote. Mr. Kahn requested that with regard to the construction of the storm drain, the applicant be allowed to design and bond for the improvements but delay construction until CalTrans relinquishes Spring Road and it becomes a City street. Mr. Kueny indicated that he thought deferring construction until the freeway connection is complete would be more acceptable. BY CONSENSUS: By consensus, the Council determined to direct staff to review the applicant's request as presented by Mr. Kahn and return to the Council with that information and documentation on the applicant's estimates of cost for construction. BY CONSENSUS: By consensus, the Council determined to direct staff to include the conditions contained in the Planning Commission Resolution PC -91 -233 in the IPD. In response to Mr. Kueny, Mr. Richards clarified for the Council that any conversion of the hotel into apartments could not be done without the Director's interpretation that the conversion was allowed. BY CONSENSUS: By consensus, the Council determined to direct staff that no change needed to be made to the condition clarified by Mr. Richards above. Mr. Kueny clarified that the variance to allow the building to intrude into the setback can be determined by the Director of Community Development as an administrative decision. Minutes of the City Council Moorpark, California Page 15 May 15, 1991 Mr. Kueny clarified that the variance requested with regard to the loading zone would be removed. Mr. Kahn stated that he withdrew his request for a variance for the loading zone. BY CONSENSUS: By consensus, the Council determined as clarified by the City Manager above with regard to the intrusion into the setback and the loading zone variance. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to direct staff to bring back the appropriate documentation and resolutions of approval for the entitlement projects only, as amended by Council action this evening. The motion carried by unanimous voice vote. C. IPD 90 -15 (Industrial Planned Development) LDM 91 -1 (Land Division Map) - Litton Industries - A Proposal to develop a Four (4) Story 176,000 Square Foot Office Building to be Used for Administration, Research and Development. Subject Site is Located at the Northeast Corner of South Condor Drive and Los Angeles Avenue in the Moorpark Business Center. Staff Recommendation: Continue this matter to an adjourned meeting on May 22, 1991. Mayor Lawrason opened the public hearing. The City Clerk stated that no speaker cards had been received for this item. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion continue this item to the Adjourned meeting of May 22, 1991. AT THIS POINT in the meeting a recess was declared. The time was 11:55 p.m. The meeting reconvened at 12:05 a.m. AT THIS POINT in the meeting item 11.D. was considered. 11. D. Consider A Report from Budget and Finance Committee Regarding Emergency Medical Services. Recommendation: Direct staff as deemed appropriate. Mayor Lawrason went over the Committee report on the enhancement of emergency medical services in the City and the possible scenarios that had been Minutes of the City Council Moorpark, California Page 16 May 15, 1991 explored including a paramedic pilot program in local fire stations. Fire Chief George Lund, 395 Willis Ave., Camarillo, spoke representing the Ventura County Fire Protection District. He said he was present to brief the Council on the County's current EMS services and the County's short range goals for that service. He said 40 semi - automatic defibrillators were scheduled for purchase to outfit all the engine and ladder companies so all first response apparatus would have defibrillators. He said implementation of this program is the most cost effective benefit to current EMS in the County. Keith Mashburn, 3152 Township Avenue, Simi, spoke representing the Ventura County Fire Fighters Association. He said that he and the Association members support putting paramedics in the two fire stations in Moorpark. Mark Taillon, 5517 Aspen Hills, Dr., representing the Ventura County fire Fighters Association, spoke supporting a pilot program to put paramedics in fire stations. David Barros, 13197 Golondrina St., spoke in favor of utilizing the fire stations to house paramedics. Mel Lovo, 4555 Los Angeles Avenue, Simi, representing the Ventura County Fire Fighters Association, spoke in support of placing paramedics in fire stations. John Tucker, 135 Castilian Avenue, Thousand Oaks, representing the Ventura County Fire Fighters Association, spoke supporting a program to put paramedics in fire stations. Gerry Goldstein, 11932 Los Angeles Avenue, spoke in favor of a program to place paramedics in fire stations in Moorpark. Eloise Brown, 13193 Annette, said she supported the pilot program for placing paramedics in fire stations. Minutes of the City Council Moorpark, California Page 17 10. 11. May 15, 1991 Councilmember Montgomery indicated his support of funding the pilot program with an estimated first year cost of $70,000 in the FY91/92 budget. Mayor Lawrason indicated his support for the concept but said that costs must first be verified. Councilmember Montgomery suggested continuing the item to the Adjourned meeting of May 22, 1991. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to continue the item to the May 22, 1991 Adjourned meeting. The motion carried by unanimous voice vote. COMMENTS FROM COUNCIL MEMBERS: This item was deferred until later in the meeting. ACTION /DISCUSSION ITEMS: A. Consider CDBG Agreement for Grant and Loan to the Boys and Girls Club for Acquisition of a Gymnasium. Staff Recommendation: Approve the agreement for grant and loan to the Boys & Girls Club for acquisition of a gymnasium. Continued Item 11.C. from 5/1/91. Mr. Kueny stated that the School District had declined to sign the stipulation that any information that might come out of the City's or the District's involvement in the acquisition of the gym by the Boys and Girls Club would be excluded from use in the litigation between the City and School District. Councilmember Montgomery asked that the item be continued to allow the School District one more week to consider the stipulation. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to continue the item to the Adjourned meeting of May 22, 1991. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 18 May 15, 1991 B. Consider Authorization to Advertise for Receipt of Bids for the Construction of a Landscaped Barrier on Williams Ranch Road. Staff Recommendation: Approve plans and specifications and authorize staff to advertise for receipt of bids. (Continued Item 8.J. from 5/1/91) BY CONSENSUS: By consensus, the Council determined to continue this item to the Adjourned meeting of May 22, 1991. AT THIS POINT in the meeting Item 11.I. was considered. I. Consideration of the State Household Hazardous Waste Grant Allocation Funding Councilmember Montgomery went over the staff report prepared by Carolyn Greene which discussed notification by the California Integrated Waste Management Board that the City's application for a Discretionary Household Hazardous Waste grant was not recommended for funding. He went over the concerns with the grant process and recommended that the Mayor be authorized to direct a letter describing these concerns to Senator Hart and Assemblyman McClintock in the hope that there will be additional consideration for smaller jurisdictions and for the Southern California region in future grant cycles. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to authorize the Mayor to send a letter to Senator Hart and Assemblyman McClintock outlining the City's concerns with the grant process. The motion carried by unanimous voice vote. AT THIS POINT in the meeting Item 10. Comments from Councilmembers was considered. 10. COMMENTS FROM COUNCILMEMBERS: Councilmember Perez said that he would not be attending the Channel Counties dinner on Friday because he will be attending a meeting of the Growth Management Consensus Project. Minutes of the City Council Moorpark, California Page 19 May 15, 1991 Councilmember Perez requested an agenda item on the questionnaire received from the Governor's office regarding regional growth and growth management. He said the Council should consider responses to the questionnaire. Councilmember Perez asked if the resolution received from the City of Rolling Hills regarding a resolution pertaining to the removal of unsafe vehicles was something the Council wanted to consider. Councilmember Perez asked if there was some way to make First Street passable after construction hours. Mayor Lawrason reported that he had received a message from the Ventura Transportation Commission saying that SB821 was approved in its entirety and the City would be receiving funds for the construction of bike lanes on Tierra Rejada. Councilmember Wozniak said that the condominium project on Charles Street and Spring Road needed code enforcement action because of the weeds. AT THIS POINT in the meeting Item 13. Future Agenda Items was considered. 13. FUTURE AGENDA ITEMS: Councilmember Perez asked that the Council consider adding as an item to the May 20, 1991 Special meeting agenda City participation in the "Good Vibes" Teen Conference. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to add an item to the May 20, 1991 Special meeting agenda, Consideration of City participation in the "Good Vibes" Teen Conference. 11. C. Consider the Proposed Westland Affordable Housing Agreement. Staff Recommendation: 1) Approve the recommendation of the Affordable Housing Committee, 2) Direct staff to finalize the agreement, 3) Approve the continued processing of the entitlement applications currently pending before the Planning Commission. Mr. Kueny presented the staff report. He said he was concerned that there will be two different lenders for the attached and detached portions of Minutes of the City Council Moorpark, California Page 20 May 15, 1991 the project. He said that the final language should include a reference to a limit on the detached units that can be built until a significant number of attached units have been built and that any final language must have the concurrence of the City attorney. Glen Hartman, P.O. Box 3403, Ventura, the applicant for the project, addressed the Council. He said that he agreed with the conditions but had some questions on financing that could be worked out before the final documents were prepared. MOTION: Councilmember Perez moved and Councilmember Talley seconded a motion to approve the staff recommendation to approve in concept the identified main components of the affordable and resale agreements of the project as clarified by the City Manager that any added language must have the concurrence of the City Attorney and that the added language must include a limitation on detached units until a significant number of attached units are completed; the project to proceed to Planning Commission for public hearings on entitlement requests with the Affordable Housing Agreement to be in final form prior to any City Council public hearing regarding these entitlement proposals. The motion carried by unanimous voice vote. BY CONSENSUS: By consensus, the Council determined to continue Items 11.E., 11.F., 11.G., 11.H., and 11.J. to the Adjourned meeting of May 22, 1991. E. Consider Report from Ad Hoc Gang Committee. Staff Recommendation: Continue the matter to adjourned meeting May 22, 1991. F. Consider Cinco de Mayo Report. Staff Recommendation: Direct staff as deemed appropriate. G. Consider Donation Conference. Staff ] deemed appropriate. H. Consider Amendment Block Grant Ac Recommendation: appropriate. to Send Student to Youth recommendation: Direct staff as to City Community Development xuisition Policy. Staff Direct staff as deemed Minutes of the City Council Moorpark, California Page 21 May 15, 1991 J. Consider Conditional Use Permit related to the Boys & Girls Club Application. AT THIS POINT in the meeting 8.S. was reconsidered. 8. S. Consider a Request for Bond Exoneration Regarding a Public Works Surety for PD 1040 (Schleve). Staff Recommendation: Approve the release of this public improvement bond for PD 1040. Mr. Kueny requested that the Council reconsider this item as additional information has been brought to his attention regarding the conditions related to the release of the bond. He asked that the item be continued to the Adjourned meeting of May 22nd to allow time to meet with the developer. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to reconsider the item. The motion carried by unanimous voice vote. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to continue the item to the Adjourned meeting of May 22, 1991. The motion carried by unanimous voice vote. 12. ORDINANCES: None were presented. 14. CLOSED SESSION: MOTION: Councilmember Montgomery moved and Councilmember Perez 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 Ventura County Community College District vs. City of Moorpark. Minutes of the City Council Moorpark, California Page 22 May 15, 1991 F. Litigation concerning the County of Ventura vs. City of Moorpark. G. Litigation concerning the Moorpark Mosquito Abatement District vs. City of Moorpark. H. Litigation concerning Colonial Mortgage vs. the City of Moorpark. I. Negotiations for Real Property at 280 Casey Road (Moorpark Unified School District) pursuant to Government Code Section 54945.8. J. Negotiations for Real Property on Los Angeles Avenue (East) pursuant to Government Code Section 54945.8. K. Litigation concerning City of Moorpark vs. Chuy's Restaurant. L. Litigation concerning Conejo Freeway Properties, LTD. vs. City of Moorpark M. Litigation concerning City of Moorpark vs. Camrosa Water District. N. Litigation concerning City of Moorpark vs. Pacific Bell. O. Litigation concerning City of Moorpark vs. Southern California Gas Company. P. Litigation concerning City of Moorpark vs. Southern California Edison Company. Q. Litigation concerning City of Moorpark vs. Shell Oil Company. R. Personnel pursuant to Government Code Section 54957.6. 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 1:37 a.m. Minutes of the City Council Moorpark, California Page 23 May 15, 1991 Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Cheryl Kane, City Attorney; Richard Hare, Deputy City Manager; and Pat Richards, Director of Community Development. Mr. Richards left the Closed Session at 1:48 a.m. The meeting reconvened into Open Session at 1:55 a.m. Mr. Kueny stated there was no action to report out of Closed Session and only 14.B., 14.C., and 14.G. had been discussed. 15. ADJOURNMENT: MOTION: Councilmember Wozniak moved and Councilmember Talley seconded a motion to adjourn the meeting to Wednesday, May 22, 1991 at 6:15 p.m. The motion carried by unanimous voice vote. The time was 1:55 a.m. Paul W. Lawrckdon Jr., Ma ATTEST_