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HomeMy WebLinkAboutMIN 1991 1106 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California November 6, 1991 A Regular Meeting of the City Council of the City of Moorpark was held on November 6, 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 7:21 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. Dean, Sheriff's Department; Ken Gilbert, Director of Public Works; Mary Lindley, Assistant to the City Manager; Phil Newhouse, Director of Community Services; Charles Abbott, City Engineer; Dirk Lovett, Assistant City Engineer; Paul Porter, Senior Planner; Lillian Kellerman, City Clerk; Dorothy Vandaveer, Deputy City Clerk. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Proclamation for National Education for Business Week, November 10 - 16, 1991 Presented by Mayor Lawrason to Danny Lorenzen, Tom Niday and Jason Gray of the "Future Business Leaders of America ", who each addressed the Council. B. Proclamation for Buckle Up for Life Challenge from the National Safety Council. The proclamation was read by Councilmember Montgomery. C. Introduction of Employee of the Month, Vicki Fox. As Ms. Fox was unable to attend, her introduction will be rescheduled for the next meeting. Minutes of the City Council Moorpark, California Page 2 November 6, 1991 D. Presentation by Ventura County Transportation Commission on Congestion Management Program Chris Stevens from VCTC made a presentation on the Congestion Management Program. He highlighted the Program and provided background as to why it is being prepared and the program's intent to make certain that traffic generated by new development is kept to a minimal impact on the regional system. He said that Proposition 111 mandates that in order to receive the local subvention of gas tax funding (Ventura County will receive $7.5 million) the County must have an adopted Congestion Management Program in place by December 1, 1991 and each of the jurisdictions in those counties must be found, on an annual basis, to be complying with that Congestion Management Plan in order to receive their share. He said there are five elements to the proposed plan, but the two most critical elements are the level of service standards and the land use standards. He indicated that the plan must include state highways and primary arterials. The definition of "primary arterial" has been left up to the cities to identify. In Moorpark, Tierra Rejada Road and Spring Road have been identified as primary arterials. He also indicated that most of the cities within Ventura County have adopted level of service "C". In response to Councilmember Montgomery, Mr. Stevens said that San Diego County has selected level of service "D" and possibly a couple other more rural- oriented counties. Level "D" is a fairly aggressive level of service standard, relative to the rest of the state. In response to Councilmember Montgomery, Mr. Stevens replied that "aggressive means that we are striving for a higher goal." Councilmember Montgomery said that Cities in the County have already established goals well in excess of that. He said "the threshold of criteria here is not a goal, it is a set of punitive measures." Councilmember Montgomery expressed his concern that under the Plan as outlined, a non - elected, regional government body can remove control from a local elected body and assess punitive measures and directly affect a City's budget. Minutes of the City Council Moorpark, California Page 3 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: November 6, 1991 Mr. Kueny requested that an item regarding the Emergency Use Authorization issued by the County of Ventura for Blue Star Ready Mix, Inc. be added to the agenda as there is only a 10 day appeal period and information on the item was not received until after the posting of the agenda. Mr. Kueny requested that an item regarding emergency medical services in the community be added to the agenda since a need to act on this item had arisen after the posting of the agenda. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to add as item 11.J. Emergency Use Authorization No. 8 issued by the County of Ventura for Blue Star Ready Mix, Inc., need for action having arisen after the posting of the agenda. The motion carried by unanimous voice vote. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to add as item 11.K. Consideration of Emergency Medical Services in the Community, the need for action having arisen after the posting of the agenda. The motion carried by unanimous voice vote. Mr. Kueny indicated that regarding item 11.F., the grading on Science Drive and Peach Hill Road through the Area of the Carlsberg Development, a new staff report had been prepared but since neither he nor the Council had read the report, he would recommend that the Council not accept the new report. CONSENSUS: By consensus, the Council determined to defer a decision on accepting new material on item 11.F. until the item comes up for discussion later in the agenda. 6. PUBLIC COMMENT: Keith Millhouse, 12417 Willow Grove Court, spoke as a member of the Board of the Willows II Homeowners' Association regarding Item 11.C., the request by Willows II Homeowners' Association to discuss standing water on the sidewalk in their neighborhood. He indicated that the repair of the water drainage problem is the responsibility of the City and not the Homeowners' Association and that any liability will be the City's if anyone is hurt as a result of the standing water on the sidewalk. Connie Lawrason, 4291 Ambermeadow Street, congratulated Paul Lawrason as being the City's elected Mayor for one year and John Wozniak for his one -year anniversary on the City Council. Minutes of the City Council Moorpark, California Page 4 November 6, 1991 Mrs. Lawrason made the following comments regarding the Congestion Management Plan: 1) the Plan appears to be a final document instead of a draft, 2) there is not adequate time for the public in general to respond to the Plan; she suggested the City Council request an extension of time for comments to be accepted by the County Transportation Commission, 3) a full Environmental Impact Report should be required instead of a Negative Declaration, 4) the public has not been made aware of the Congestion Management Plan and needs to be, and 5) she asked if the Draft Initial Study and Proposed Negative Declaration had been received by the City Councilmembers. Richard Cooper, 1826 N. Claudia, Ventura, spoke on behalf of Larry Gratton and himself, as members of the Ventura County Grand Jury. He stated they are present to introduce themselves and that they will attend City Council meetings periodically in the future. John Roberts, 15787 Graduate Circle, spoke regarding Item 11.I., concerns with the location of a restroom building at Campus Canyon Park. He clarified that the address for their Homeowners' Association is P. O. Box 132 and stated that Site No. 2 for the restroom is acceptable to their Association. Mr. Roberts also stated concerns regarding Item 8.I., establishing No Parking and Passenger Loading Zones on Hearon Drive. He said there is not enough parking for users of Campus Canyon Park. Eloise Brown, 13193 Annette Street, spoke regarding the General Plan Update process. She indicated that this process is accomplished every five years and citizens need to express their concerns now. She said a three - minute limit on comments should not be imposed by the Planning Commission when the public is speaking regarding this subject, but rather as much time as needed should be allowed for this topic. Cheri Risley, 15295 Monroe Avenue, spoke regarding agenda Item 11.I. She presented petitions to the City Clerk regarding the location of the restroom in Campus Canyon Park. She added that the general consensus of the citizens who signed the petition is that the restroom building should be moved from near the street to behind the basketball court. This would provide maximum frontage and separate the washroom from the residences there. She also requested 1) that the restroom be locked between dusk and 8:30 a.m. to prevent schoolchildren from entering while they are waiting for the school buses in the mornings, 2) that it be cleaned on a daily basis, and 3) that the Homeowners Association be allowed to meet before a final decision is made by the City Council. Minutes of the City Council Moorpark, California Page 5 November 6, 1991 Dorothy Ventimiglia, 15247 Monroe Avenue, spoke regarding the relocation of the restroom in Campus Canyon Park. She agreed that the preferred location is Site No. 2 as proposed in the staff report. Mark Maraun, 15253 Monroe, said his concerns about the restroom have already been addressed. Ethel Sulkis, 270 Sierra Avenue, spoke as a volunteer to the Foodshare Program. She requested the City Council waive the fees for the use of the Community Center as a distribution site for the Foodshare Program. Anna Bell Sessler, 6061 Gabbert Road, requested the City Council waive the fees for the use of the Community Center for the Foodshare Program. Ruth Farabaugh, 13543 E. Cedarpine, spoke representing Northview Homeowners Association. She asked if there is an ordinance to address the problem of motorhomes parked on residential streets. She said it is a problem in the neighborhood where she lives. Tony Bellasalma, 11823 Maplecrest Street, stated that the fees should not be waived for the use of the Community Center by the Foodshare Program representatives because that would not be consistent with the City's lease agreement for the Senior Center. 7. COMMITTEE REPORTS: Councilmember Montgomery reported on the Animal Regulation Commission meeting and the meetings of the Ventura County Waste Commission. He indicated that written reports would be provided to the Council. 8. CONSENT CALENDAR: (Roll Call Vote) MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to pull items 8.F., and 8.I. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Minutes of the Regular City Council Meeting of October 2, 1991. (Continued Item 8.A. from 10/16/91) Consider Approval of Minutes of the Special City Council Meeting of October 16 1991. Minutes of the City Council Moorpark, California Page 6 November 6, 1991 Consider Approval of Minutes of the Regular City Council Meeting of October 16, 1991. Staff Recommendation: B. Warrant Register FY 1991 -92 Manual Warrants Regular Warrants Approve minutes as processed. 14011 - 14015, 14095 -14109 $ 32,088.98 14110 -14232 $ 613,384.72 C. Consider Adoption of Revised Salary Plan Resolution No 91 -813 to Add the Position of Public Works Technician and Change the Overtime Status of the Deputy City Clerk Position. Staff Recommendation: Adopt Resolution No. 91 -813 and rescind Resolution No. 91 -776. (Continued Item 8.Q. from 10/16/91) D. Consider Claims Rejection for Troispoux Boden Cordeau Crispo, Johnson, Tyler White and Ziarniak (Fern Valley Court). Staff Recommendation: Reject the claims and notify the claimants. E. Consider Residential Planned Development No 89 -3 (Minor Mod No. 2) - Presbyterian Church - A Report Regarding Amendments to Phase I Construction Timing; the Inclusion of Temporary Classroom Buildings and Modifications to the Parking Lot and Landscape Plans. Staff Recommendation: Receive and file the Minor Modification Request Report. G. Consider Contract for Landscape Architectural Services for Los Angeles Avenue Parkway. Staff Recommendation: Approve contract and authorize Mayor to execute same. H. Consider Agreement for Architectural Services for Arroyo Vista Community Park Community Use Building. Staff Recommendation: Approve agreement and authorize the Mayor to execute same, and approve $50,000 appropriation from Park Improvement Fund. J. Consider Budget Amendment for the Acquisition of a Trailer for the Weed /Pest Control Spray Equipment. Staff Recommendation: Authorize the budget amendment and appropriate $600 from the Gas Tax Fund. K. Consider SCJPIA Membership for the Cities of Laguna Hills and Lake Forest. Staff Recommendation: Receive and file the report indicating the Mayor's intent to vote no. Minutes of the City Council Moorpark, California Page 7 November 6, 1991 L. Consider Resolution No. 91 -815 To Authorize Destruction of Personnel Applications Older than 10/31/89. Staff Recommendation: Adopt Resolution 91 -815. M. Consider Amendment to City's Miscellaneous Fee Resolution. Staff Recommendation: Adopt Resolution No. 91 -816 amending the miscellaneous fee schedule to add a charge for requests for mailed public hearing notification and rescind Resolution No. 90 -707. N. Consider City Sponsored Employee Christmas Party. Staff Recommendation: Concur with the expenditure of $300. O. Consider Request for Amicus Support - City of Orland. Staff Recommendation: Authorize support of the amicus brief in Knox v. City of Orland regarding the Landscaping and Lighting Act of 1972. P. Consider Overnight Travel By Mayor Pro Tem Perez for Affordable Housing Conference. Staff Recommendation: Approve overnight travel per Moorpark Operating Procedure No. 1. The following items were pulled from the Consent Calendar for individual consideration. F. Consider Planned Development Permit No 897 (Minor Modification No. 4) - Manuel Sanoja Request to Serve Beer in an Existing Restaurant in Varsity Park Plaza. Staff Recommendation: Receive and file this report. In response to Councilmember Montgomery, Mr. Richards said that the Minor Modification would clarify that beer would be the only alcoholic beverage sold. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to approve the staff recommendation to receive and file the report with the understanding that the Minor Modification would be clarified that beer would be the only alcoholic beverage sold in the restaurant. The motion carried by unanimous voice vote. I. Consider Resolution No 91 -814 Establishing NO PARKING and PASSENGER LOADING Zones on Hearon Drive and Repealing Resolution 89 -611 in Conflict With Said Action. Staff Recommendation: Adopt Resolution No. 91 -814 and Repeal Resolution No. 89 -611. In response to Councilmember Perez, Mr. Gilbert said that existing Resolution 89 -611 established no parking from Monroe Minutes of the City Council Moorpark, California Page 8 November 6, 1991 Avenue to the southerly end of the bus turn out. He said that the new resolution changes the turnout to a loading zone. In response to Council question, Mr. Kueny said that it would be inappropriate to have parking anytime from the corner to the bus turnout. He said it would be confusing to have more than one regulatory parking sign for the same area. MOTION: Councilmember Perez moved and Councilmember Talley seconded a motion to adopt Resolution No. 91 -814. The motion carried by unanimous voice vote. 9. PUBLIC HEARINGS: A. Consider Resolution of Necessity No 91- to Acquire Certain Street Right -of -Way at 14110 Los Angeles Avenue (Patton) . Staff Recommendation: Adopt Resolution No. 91- . (Continued Item 9.A. from 8/21/91, 9/4/91, 9/18/91, 9/25/91, 10/2/91 and 10/16/91). MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve continuance of this item to the next regularly scheduled meeting. The motion carried by unanimous voice vote. B. _Consider An Ordinance of the City of Moorpark California Amending Certain Provisions of Chapter 5.64 to Title 5 of the Moorpark Municipal Code; Pertaining to Peddlers Itinerant Merchants and Solicitors. Staff Recommendation: Introduce the ordinance amending Section 5.64.130 of Chapter 5.64 for first reading. (Continued Item 9.I. from 9/18/91, Continued Item 9.D. from 10/2/91, and Item 9.C. from 10/16/91) Pat Richards gave the staff report. Mayor Lawrason opened the public hearing. Gerald Goldstein, 11932 Los Angeles Avenue, spoke and said that excluding peddlers and salesmen would also exclude ice cream vendors. He requested that consideration be given to allowing ice cream vendors to operate near schools. There being no other public speakers for this item, Mayor Lawrason closed the public hearing. Ms. Kane said that the third line of Section 1.B. should have the words "or public park" deleted. With that amendment, Ms. Kane read the ordinance title. Minutes of the City Council Moorpark, California Page 9 November 6, 1991 MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to read the ordinance title only. The motion carried by unanimous voice vote. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to waive further reading and declare the Ordinance 146, as amended, introduced for first reading. The motion carried by unanimous voice vote. 10. COMMENTS FROM COUNCIL MEMBERS: A. Appointment to Countywide Planning Program Advisory Committee. Mayor Lawrason indicated that Eloise Brown and Dee Talley had both responded to the City's request for applicants for the appointment. He also said that Carolyn Poleri had been contacted and wished to remain as the Alternate. MOTION: Mayor Lawrason moved and Councilmember Perez seconded a motion to continue the item to the meeting of November 20, 1991. The motion carried by unanimous voice vote. 11. ACTION /DISCUSSION ITEMS: A. Consider Waiver of Fee Request From Moorpark Active Senior Citizens to Use Citrus Room for Food Share Program. Staff Recommendation: Direct staff as deemed appropriate. Mr. Newhouse gave the staff report. In response to Councilmember Montgomery, Mr. Kueny indicated that the Council has not yet established criteria for waiving fees for use of City owned facilities. He said the Public Works /Facilities Committee is to address the subject at their next meeting. Councilmember Talley expressed concern that dissension between the two senior organizations in the community might forestall programs such as Food Share. Councilmember Montgomery suggested that the City continue to assess fees and defer a final decision on whether to waive fees for facilities use until the Public Works/ Facilities Committee meets and drafts criteria for waiving fees and returns with the draft to the full Council for action. In the interim, he said regular fees should be assessed. Minutes of the City Council Moorpark, California Page 10 November 6, 1991 Mayor Lawrason said he felt the rental fees should be waived but not the staff time and expense. He also requested that the nonprofit status of the Moorpark Active Seniors should be determined. CONSENSUS: By consensus, the Council determined that the tax exempt status of the Moorpark Active Seniors should be determined. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to direct staff to continue to assess fees and all other standard requirements of facility lease /rental and to direct the Public Works/ Facilities Committee to bring back the criteria on the waiving of fees for use of City owned facilities to the full Council as expeditiously as possible after which a waiver and /or rebate for the Moorpark Active Seniors would be considered. The motion carried by voice vote 4 -1, Mayor Lawrason dissenting. B. Consider Congestion Management Program. Staff Recommendation: Direct staff to forward comments to Ventura County Transportation Commission. Mr. Gilbert gave the staff report. He said he had an opportunity to talk to Mr. Stevens regarding the City's concerns about intersections which may be at a level of service "E" or "F" but are not on the list. He said the City will have the opportunity over the next year to add any of those to the Congestion Management Plan (CMP) with no penalty. Of particular concern would be the Poindexter Avenue at Moorpark Avenue intersection. Mayor Lawrason said that he is in a unique position in that he is an Alternate on the Ventura County Transportation Commission. He said his concerns are mirrored by the staff's comments which will go back to VCTC. He said the implication of VCTC's involvement in land use decisions at the local level is of concern as is the setting of standards for traffic. Additionally of concern, he said, is that roles, duties and responsibilities are not clearly defined in the document. Mayor Lawrason indicated that he felt the City should ask for more time for review and input regarding the document. Mayor Lawrason indicated that the public hearing on the CMP is to be held December 6th, at 10:30 a.m., in the Council Chambers of Camarillo City Hall. Mr. Lawrason said he suggests VCTC might want to have a hearing at night to obtain additional input from citizens who can not attend a daytime meeting. Councilmember Perez said the Association of Ventura County Cities (AVCC) should look at the CMP. Minutes of the City Council Moorpark, California Page 11 November 6, 1991 Councilmember Montgomery said the determination that CEQA requirements can be met by a negative declaration is completely false. He said the CMP will have tremendous impact on land use decisions. He said it will most certainly alter, perhaps adversely in some areas, transportation and circulation. He said it may very well have a severe and very significant impact on the solid waste stream in this community. He said it will most certainly have an impact on population. He said it needs to be analyzed in a full environmental impact report. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to authorize the Mayor to sign a letter to VCTC requesting a longer review period for the Congestion Management Plan and to request the distribution of all appropriate documents regarding the Plan and directing staff to include comments made tonight by Councilmembers and staff, and any other comments deemed necessary. The motion carried by unanimous voice vote. CONSENSUS: By consensus, the Council determined to place this on the Council's agenda for further consideration at the next regularly scheduled meeting. AT THIS POINT in the meeting a recess was declared. The time was 9:17 p.m. The Council reconvened at 9:50 p.m. C. Consider Request by Willows II Homeowners Association to Discuss Standing Water on Sidewalk. Staff Recommendation: Direct staff as deemed appropriate. Mr. Gilbert gave the staff report. In response to Councilmember Montgomery, Mr. Kueny said the Homeowners' Association owns the property from the curb to the property line of the individual lots. He said it was the intent of the residential planned development permit and the map that the City have a sidewalk easement but record of an easement has not been found. Mr. Gilbert indicated that the way to solve the standing water situation is to construct a transport system to convey the water under the sidewalk to a nearby gutter or storm drain. He said a title search could be done and this would reveal any easement. In response to Mayor Lawrason, Mr. Gilbert said that Urban West Communities constructed the sidewalk and might have some responsibility. Minutes of the City Council Moorpark, California Page 12 November 6, 1991 BY CONSENSUS: By consensus the Council determined to direct staff to estimate the costs to correct the problem, to continue to search for any record of a City easement, to determine who has responsibility for mitigation of the problem and to prepare a report back to the Council for the next regularly scheduled meeting. D. Consider General Plan update/sphere of Influence Study Hearing and Environmental Review Process. Staff Recommendation: Direct the Planning Commission to conclude their discussion and adoption of resolutions with recommendations for the final Land Use and Circulation Elements and recommendations for the certification of the final EIR, no later than January 6, 1992. Mr. Richards gave the staff report. In response to Councilmember Wozniak, Mr. Kueny said staff would look into a single or double -sided insert in the Moorpark News - Mirror advertising the public hearing, as well as advertising on cable television. Councilmember Talley invited the public to attend the Planning Commission General Plan public hearing on November 18, 1991. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to approve the staff recommendation to direct the Planning Commission to conclude their discussion and adoption of all required resolutions with recommendations regarding revisions to the Land Use and Circulation elements, recommendations for the certification of the EIR and recommendations regarding the Sphere of Influence study, no later than January 6, 1992; and to set a public hearing by the City Council on January 22, 1992 to begin review of the Final EIR, Updated Land Use and Circulation elements plus Sphere of Influence Study. The motion carried by unanimous voice vote. E. Consider Design for Walnut Street and Charles Street. Staff Recommendation: Revise as necessary and approve conceptual plans. Mr. Lovett gave the staff report. In response to Mayor Lawrason, Mr. Gilbert said that a letter was sent to all property owners on Walnut Street advising them of the proposed plan. In response to Councilmember Wozniak, Mr. Gilbert said that letters can be sent again advising property owners of the revised plan and inviting them to comment. Minutes of the City Council Moorpark, California Page 13 November 6, 1991 MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to approve the conceptual design for Walnut Street and Charles Street. The motion carried by unanimous voice vote. F. Consider Grading of Science Avenue and Peach Hill Road through the Area of the Carlsberg Development (Tentative Tracts 4785 and 4786). Staff Recommendation: Direct staff to process the grading permit following payment of certain fees and costs by Carlsberg; and authorize the City Manager to approve other conditions as determined necessary. Mr. Kueny gave the staff report. Councilmember Perez said he would like to recommend that the Council grant approval to begin the plan check process when the fees are paid. He said the proposed grading would ultimately be beneficial to the Moorpark Unified School District. MOTION: Councilmember Perez moved and Councilmember Talley seconded a motion to direct staff to process a plan check after payment by Carlsberg of the balance of monies due to City for work performed by the City and its agents on the Carlsberg Specific Plan; a grading permit to be processed for the requested grading, subject to the conditions of approval as presented with the City Manager authorized to approve other conditions as determined necessary, a deposit to be made sufficient to cover all City costs for the processing of this request and all necessary grading plan checking, permit and inspection fees. The motion carried by unanimous voice vote. G. Consider Applying for Grant Funds through the State of California Land and Water Conservation Fund Program. Staff Recommendation: Direct staff as deemed appropriate. Mr. Newhouse gave the staff report. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the staff recommendation to direct staff to prepare a grant proposal for Arroyo Vista Community Park for December, 1992 submittal. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 14 November 6, 1991 H. Consider City Membership in the Southern California Water Committee. Staff Recommendation: Direct staff as deemed appropriate. In response to Council question, Councilmember Perez indicated that the cost of belonging to the Southern California Water Committee is $750.00 per year. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve renewal of membership in the Southern California Water District and authorize an appropriation of funds from the General Fund Reserve to cover the cost of renewal. The motion carried by unanimous roll call vote. I. Consider Concerns with Location of Restroom Building at Campus Canyon Park. Staff Recommendation: Direct staff as deemed appropriate. Councilmember Wozniak said that he and Councilmember Montgomery walked the site and that Alternate Site 2 is the best location for the restroom building. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to approve the construction of the restroom building at Alternate Site 2 at the southeast corner of the basketball court. The motion carried by unanimous voice vote. J. Emergency Use Authorization No. 8 issued by the County of Ventura for Blue Star Ready Mix Inc. Mr. Richards explained that authorization had been granted to allow Blue Star to exceed the current operational time limitation of 6:00 p.m. for the departure and return of trucks to the Blue Star facility for the single event of accommodating the "massive" concrete pours required for the Cal -Trans bridge project (State highway 23/118 connector) and use of Batch Plant #2 as a back -up plant, if required for said project. The permit is for one evening during the week of November 11, 1991. He said November 10, 1991 is the last day to appeal. In response to Councilmember Wozniak, Mr. Richards said that he was not aware that an appeal had been filled by Mr. and Mrs. Schleve. He said the filing of an appeal would stop the Emergency Use Authorization. Mayor Lawrason said he is disturbed that more notice wasn't provided to the City. Minutes of the City Council Moorpark, California Page 15 November 6, 1991 After further Council discussion, the following motion was heard. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to direct staff to file an appeal if another appeal has not already been filed and to include in the appeal a request for information regarding a monitoring plan to insure that there is no abuse of the Emergency Use Authorization; to contact the general contractor on the Highway 23/118 connector project to explore options for importing material. The motion carried by unanimous voice vote. K. EMERGENCY MEDICAL SERVICES Councilmember Montgomery said he and Mayor Lawrason met with Mr. Pruner to explore the option of locating a facility permanently in the City. He said the Council needs to authorize the City Manager to participate in determining a location for the ambulance and authorize him to commit the City to the extent that potential alternative siting can be explored and brought back to the Council. In response to Councilmember Perez, Councilmember Montgomery said no funds would be authorized for commitment by the City Manager. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to authorize the City Manager to work with Pruner Ambulance to determine a potential site for permanent housing of the ambulance in the City as part of the overall proposal to come back to the full Council for consideration; no funds are authorized for commitment. The motion carried by unanimous voice vote. 12. ORDINANCES: A. Consider Ordinance No.147 - An Ordinance of the City of Moorpark Amending Article 8 of Chapter 1 of Division 8 of the Moorpark Municipal Code Adding Section 8108 -1.3.7 Regarding Vehicle Stall Space Standards for Private Multi -Level Parking Structures. (Continued Item 12.A. from 10/16/91). Ms. Kane read the ordinance title. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to read the ordinance title only. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 16 November 6, 1991 MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to waive further reading and declare Ordinance 145 introduced for first reading. The motion carried by unanimous voice vote. B. Consider Second Reading and Adoption of Ordinance No. 145 - An Ordinance of the City of Moorpark Amending Section 8105 -5 Pertaining to Auto Body Repair and Painting in Certain Commercial and Industrial Zones of the City. Ms. Kane read the ordinance title. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to read the ordinance title only. The motion carried by unanimous voice vote. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to waive further reading and declare Ordinance 145 adopted as read. The motion carried by unanimous voice vote. 13. FUTURE AGENDA ITEMS: Councilmember Perez requested information on the Southern California Joint Powers Insurance Authority's allowance of membership to cities not meeting the minimal requirements previously required for admission to the Authority. 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: A. B. C. D. E. F. Personnel. Potential litigation pursuant to Government Code Section 54956.9(b) (1) Potential litigation pursuant to Government Code Section 54956.9(c) Litigation concerning City of Moorpark vs. Moorpark Unified School District. Litigation concerning Ventura County Community College District vs. City of Moorpark. Litigation concerning the County of Ventura vs. City of Moorpark. Minutes of the City Council Moorpark, California Page 17 November 6, 1991 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 Conejo Freeway Properties, LTD. vs. City of Moorpark. L. Litigation concerning City of Moorpark vs. Camrosa Water District. M. Litigation concerning City of Moorpark vs. Pacific Bell. N. Litigation concerning City of Moorpark vs. Southern California Edison Company. O. Litigation concerning City of Moorpark vs. Shell Oil Company. P. Negotiations for Real Property for Arroyo Vista Community Park pursuant to Government Code Section 54945.8. Q. Negotiations for Real Property on South Side of High Street (Southern Pacific /VCTC) pursuant to Government Code Section 54945.8 The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 11:40 p.m. The Council reconvened into Closed Session at 11:46 p.m. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Pat Richards, Director of Community Development; and Cheryl Kane, City Attorney. The meeting reconvened into Open Session at 11:50 p.m. Mr. Kueny stated there was no action to report out of Closed Session and only item 14.B. was discussed. Minutes of the City Council Moorpark, California Page 18 15. ADJOURNMENT: November 6, 1991 MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to adjourn the meeting. The motion carried by unanimous voice vote. The time was 11:50 p.m. Paul W. LawY son Jr., M or ATTEST: