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HomeMy WebLinkAboutMIN 1994 1005 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California October 5, 1994 A Regular Meeting of the City Council of the City of Moorpark was held on October 5, 1994 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 7:14 p.m. 2. PLEDGE OF ALLEGIANCE: Councilmember Perez led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Hunter, Montgomery, Perez, Wozniak, and Mayor Lawrason Staff Present: Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Ken Gilbert, Public Works Director; Christine Adams, Director of Community Services; Jim Aguilera, Director of Community Development; Cheryl Kane, City Attorney; Mary Lindley, Assistant to the City Manager; Dirk Lovett, Assistant City Engineer; Paul Porter, Senior Planner; Deborah Traffenstedt, Senior Planner; Don Reynolds, Administrative Services Manager; Lieutenant Rouse, Sheriff's Department; Steve Hayes, Economic Development/ Redevelopment Manager; Lillian Hare, City Clerk; and Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Proclamation recognizing October 24th as Fiftieth Anniversary of United Nations. Mayor Lawrason presented a proclamation to Hugh Pease. B. Recognition of Moorpark Youth Activities Committee for their participation and role in the Labor Day Picnic in the Park. Mayor Lawrason presented the Certificate of Recognition to Vickie McGowan. C. Proclamation recognizing October 10, 1994 as the Twenty Fifth Anniversary of Cityhood for Simi Valley. Mayor Lawrason presented the proclamation to Simi Valley Councilmember Judy Mikels. 00422 Minutes of the City Council Moorpark, California Page 2 October 5, 1994 AT THIS POINT in the meeting, a recess was declared to convene the Moorpark Redevelopment Agency. The time was 7:23 p.m. The City Council reconvened at 7:24 p.m. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 6. PUBLIC COMMENT: Dave Machlitt and Don Reeder, representing the Farm Bureau, 12142 Rivergrove Street, Ventura, addressed the Council on the Medfly quarantine. They spoke regarding the impact to Ventura County growers. They offered to be available for any information the Council might require regarding this issue. They requested that people be careful in handling infected fruit and call the U.S.D.A. for information and /or guidelines. Richard Connolly, 1245 Mountain Trail Court, spoke regarding the children at play signs to be posted at city parks. He said he was greatly concerned with the traffic and safety of children in the area of Mountain Meadows Park. Councilmember Wozniak requested that Mr. Connolly's concerns be added to the next Transportation and Streets Committee meeting. Councilmember Hunter requested that the residents of Mountain Trail Court cul -de -sac be noticed of the Transportation and Streets Committee meeting. Richard Chavez, 188 Whitney Avenue, addressed the Council in opposition to Proposition 187. He also expressed concern with the danger of traffic at the corner of Shasta and Los Angeles Avenue. Victoria Perez, 4237 Canario Court, addressed the Council in opposition to Proposition 187. Bill Poleri, 6863 Trojan Court, addressed the Council regarding the concerns he expressed in a letter to the County of Ventura regarding development of the portion of Happy Camp Regional Park near the college. He said he was concerned that this area would become an equestrian staging area. Gerald Goldstein, 11932 Los Angeles Avenue, addressed the Council regarding the toxic nature of malathion. Annette Rainey, 13109 E. Honeybee Street, addressed the Council in opposition to Proposition 187. 00023 Minutes of the City Council Moorpark, California Page 3 October 5, 1994 7. COMMITTEE REPORTS: Councilmember Montgomery stated that a news release will be forthcoming tomorrow regarding The Worm Concern. 8. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to pull Items 8.A., Minutes of July 6, 1994, S.D. and 8.R. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Minutes of the Adjourned Regular City Council Meeting of June 28, 1994. Consider Minutes of the Adjourned Regular City Council Meeting of June 29, 1994. Consider Minutes of the Special City Council Meeting of Aucrust 24, 1994. Consider Minutes of the Regular City Council Meeting of July 20, 1994. Consider Minutes of the Regular City Council Meeting of August 3, 1994. Consider Minutes of the Adjourned Regular City Council Meeting of August 10, 1994. Approve minutes as processed. B. Consider Approval of the Warrant Register. Manual Warrants Voided Warrants 24155 - 24156, 24286 -24301 22148, 22212, 24032 $ 21,946.74 $ (1,715.86) Regular Warrants 24302 -24415 $287,204.31 Staff Recommendation: Approve the Warrant Register. C. Consider Resolution No. 94 -1068 - Approving a Joint Exercise of Powers Agreement and Cooperation Agreement with Respect to the Financing of Home Mortgage Loans. Staff Recommendation: Adopt Resolution No. 94 -1068. 00024 Minutes of the City Council Moorpark, California Page 4 October 5, 1994 E. Consider City Manager Approved Contract: Copierline Copy Service Agreement for Canon NP 7550. Staff Recommendation: Receive and file the report. F. Consider City Manager Approved Contract: Copierline Copy Service Agreement for Canon NP 4835. Staff Recommendation: Receive and file the report. G. Consider City Manager Approved Contract: Copierline Copy Service Agreement for Canon NP 3325. Staff Recommendation: Receive and file the report. H. Consider Adoption of Resolution No. 94 -1069, Establishin a Cash Account with Prudential Securities Authorizing the Execution of the Delivery Versus Payment Agreement. Staff Recommendation: Adopt Resolution No. 94 -1069 to approve cash account; authorize City officers to sign, and authorize the City Treasurer to execute the Delivery Versus Payment Agreement. I. Consider the Minor Modification No. 2 to Revise Condition of Approval No. 10 for Minor Modification No. 1 to Development Planned Permit No. 305. Staff Recommendation: Receive and file the report. J. Consider Bids for a Proiect to Drill Irrigation Wate Well No. 3 at Arroyo Vista Community Park. Staff Recommendation: 1) Award a contract for the subject construction to Midway Drilling & Pump, Inc. for the bid amount of $42,444.77; 2) Approve a ten percent contingency for the project and authorize the City Manager to approve additional work, if required, for an amount not to exceed ten per cent of the contract; and, 3) Authorize the Mayor to sign necessary contract documents. K. Consider Bids for the Repair of Erosion on Lot 97 of Tract 3049 (A &R Development). Staff Recommendation: 1) Award a contract for the subject construction to William L. Murdock for the bid amount of $19,001.00; 2) Approve a ten percent contingency for the project and authorize the City Manager to approve additional work, if required, for an amount not to exceed ten per cent of the contract; and, 3) Authorize the Mayor to sign necessary contract documents. L. Consider Bids for the Construction of a Type II Slurry Seal on Tierra Rejada Road. Staff Recommendations: 1) Approve an amended fund appropriation and budget amount for the subject project as follows: a) Revenue: Account 00025 Minutes of the City Council Moorpark, California Page 5 October 5, 1994 #01 -3 -430 -449 change from 0 to $54,000; b) Expense: Account #01 -4 -142- 903 -00210 change from 0 to $54,000; Account #03 -4- 142 - 903 -00210 change from $100,000 to $81,000 ($19,000 decrease); 2) Award a contract for the subject construction to Asphalt Maintenance, Inc. for the bid amount of $106,563.44; 3) Approve a ten percent contingency for the project and authorize the City Manager to approve additional work, if required, for an amount not to exceed ten per cent of the contract; and, 4) Authorize the Mayor to sign necessary contract documents. M. City Manager Approved Contract for the Destruction of Water Well #2 at Arroyo Vista Community Park (Midway Drilling and Pump Co.). Staff Recommendation: Receive and file the report. N. City Manager Approved Contract with the County of Ventura for Access to Happy Camp Park Required for the Slope Restoration Work on Lot 97 of Tract 3049. Staff Recommendation: Receive and file the report. O. Consider Resolution No. 94 -1070 Authorizing the Establishment of Restricted Parking Spaces in the Public Removal of Unauthorized Vehicles from Such Reserved Parking Spaces. Staff Recommendation: Adopt Resolution No. 94 -1070 authorizing the establishment Police vehicle reserved parking spaces and authorizing the towing of any other vehicles parked in any such reserved parking spaces. P. Consider_ Resolution No. 94 -1071 Establishina 25 MPH Speed zones in the Vicinity of Certain City Parks. Staff Recommendation: Adopt Resolution No. 94 -1071 establishing reduced speed zones in the vicinity of certain City Parks. Q. Consider Resolution No. 94 -1072 Establishing Reduced Speed Limits on the Access Road to and Within Arroyo Vista Community Park. Staff Recommendation: Adopt Resolution No. 94 -1072. S. Consider City Manager ARproved Contract for Bob's Tree Service for City Wide Tree Trimming for 1994 -95. Staff recommendation: Receive and file the report. 00026 Minutes of the City Council Moorpark, California Page 6 October 5, 1994 T. Consider Use of Arroyo Vista Community Park Improvement Funds for Oil Base Treatment of Gravel Road and Parkina Lots. Staff Recommendation: Approve use of $5,500.00 from previously allocated (1994/95) Park Improvement Funds for oil based treatment of gravel road and parking lots at Arroyo Vista Community Park for FY 1994/95. U. Consider Appropriation of Funds for Furnishing. Labor and Materials Costs for Moorpark Police Resource Center MPRC . Staff Recommendation: Approve the requested appropriation of funds in an amount not to exceed $13,300 to the various accounts ($5,200 to account 20.4.117.905 - furniture; $900 to account 20.4.117.906 - telephone; $1,900 to account 20.4.149.502 - labor; $4,100 to account 20.4.149.902 - landscape materials; $1,200 to account 20.04.149.902 - contingency). V. Consider Exoneration of the Storm Drain and Grading Bond for the Mission Bell Plaza. Staff Recommendation: 1) Accept the storm drain and grading improvements for the Mission Bell Plaza (Tract 4757 -1) as complete; 2) Authorize the City Clerk to exonerate the aforementioned bonds. The following items were pulled from the Consent Calendar for individual consideration: A. Consider Minutes of the Regular City Council Meeting of July 6, 1994. Councilmember Wozniak indicated he would abstain from the vote on this item as he was not present at the July 6, 1994 City Council meeting. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the minutes. The motion carried by voice vote 4 -0, Councilmember Wozniak abstaining. D. Consider Appropriations for a Police Motorcvcle and Traffic Radar Trailer. Staff Recommendation: Authorize staff to solicit bids for the disposal of current traffic safety motorcycle, (1989 Harley Davidson, Model FXRP) and appropriate funds from reserve balances as follows: 1) Appropriate additional $4,500 from Fund 02 (Traffic Study) to Line Item 02.4.121.906, for the purchase of a Traffic Radar Trailer, and; 2) Appropriate $8,050 from the Equipment Replacement Fund (30) to Line Item 31.4.121.904 for the purchase of a traffic safety motorcycle (1994 Kawasaki KZ1000P13). 00027 Minutes of the City Council Moorpark, California Page 7 October 5, 1994 Councilmember Perez commented that the intention of the Council had been for the traffic radar trailer expense to be shared with the City of Thousand Oaks. He said this item was now being funded 100% by the City and that changes such as this throughout the year have a negative impact on the budget. Mr. Kueny requested that the Council modify the staff recommendation to allow the City Manager to choose the method of disposing of the current traffic safety motorcycle -- either by soliciting bids or auction. In response to Council question, Lieutenant Rouse explained the use and purpose of the radar trailer. He said the radar trailer is not an enforcement tool, but an educational one. Councilmember Hunter commented that the radar trailer would be exclusively for the use of the City of Moorpark. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to approve the staff recommendation as amended by the City Manager above relative to disposing of the current motorcycle by auction or soliciting sealed bids. The motion carried by unanimous roll call vote. R. Consider An Appropriation of Funds for the City Flag. Staff Recommendation: Approve an appropriation of $1,600 from the General Fund Reserves to 01.4.117.629 for creation of a City Flag. Councilmember Montgomery said that he was not presently in favor of appropriating funds for a City flag. MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to take this item off calendar. The motion carried by unanimous voice vote. 9. PUBLIC HEARINGS: A. Consider Major Modification No. 2 of Commercial Planned Development 89 -1 to Construct a Theater. Market and Miscellaneous Shops, Tentative Parcel Map No. 4961 for a seven lot subdivision and Variance 94 -1 to allow compact parking spaces on the Property Located at the Northerly Terminus of Liberty Bell Road - Ventura Pacific Capital Group. Staff Recommendation: 1) Open the public hearing and accept public testimony; 2) Close the public hearing; 3) Approve Resolution No. 94 -1072 00028 Minutes of the City Council Moorpark, California Page 8 October 5, 1994 citing the addendum to the Mission Bell Plaza EIR and approving Major Mod. No. 2 to CPD 89 -1, PM4961 and denying Variance No. 94 -1; 4) Approve Resolution No. 94 -1073 directing the Planning Commission to hold a public hearing modification to the Zoning Code relative to compact parking spaces for theaters. (Continued Item 9.C. from 9/14/94; public hearing is closed) Mr. Porter gave the staff report and indicated that the public hearing was closed. The City Clerk indicated that several speaker cards had been received for this item, though the hearing was closed. Ms. Kane indicated that the hearing could only be opened if the applicant would waive the fact that the hearing had been closed and allow it to be reopened. Neno Spondello, the applicant, indicated he would waive his rights and allow the hearing to be re- opened. Mayor Lawrason re- opened the public hearing. Ethel Sulkis, 270 Sierra Avenue, reminded the Council that concessions had been made to neighbors regarding other development sites in the City. She said her neighborhood deserved the same consideration. She handed in an informal petition. In response to Councilmember Montgomery, Ms. Sulkis indicated that she would like to know the density of the housing portion of the Gisler field project. Councilmember Perez indicated that discussion of the residential project was not a part of the public hearing process for this project. Mela Cano, 148 Sierra Avenue, addressed the Council regarding the impacts of the development on the neighborhood. She said she is concerned with her safety and that of her neighbors. In response to Councilmember Montgomery, Mr. Aguilera confirmed that the fence to be built between the project and Moorpark Estates was to be built on the property line. Councilmember Montgomery said there might be a difference between where the fence between the project and the neighborhood was being built and the existing fences for 00029 Minutes of the City Council Moorpark, California Page 9 October 5, 1994 Moorpark Estates. He expressed concern with the possible "gap" between the two fences. Barbara Shultz, 116 Sierra Avenue, addressed the Council regarding her concerns with safety in the Moorpark Estates area and placement of the new wall. She also said she supports Art in Public Places but not next to a residential area. Belinda Gonzales, 650 Shasta Avenue, addressed the Council in favor of opening Lassen Avenue. David Ghirardelli, 1981 Marview Drive, Thousand Oaks, representing the applicant, addressed the Council regarding their concerns with Condition No. 25, Community Development Conditions required for the project. In response, Mr. Aguilera read suggested new language for Condition No. 25 as follows: "The applicant shall make a contribution of $468,467.24 to the City's traffic management system fund. Prior to the issuance of the first zoning clearance for a building permit for the development, the Director of Community Development shall adjust the total fee to reflect the reduction of approved building square footage pursuant to this major modification. The total fee shall be prorated over the square footage of building area contained in the entire Mission Bell Plaza and incrementally paid prior to the issuance of each zoning clearance." Mr. Ghirardelli said they found that language acceptable. CONSENSUS: By consensus, the Council determined to approve the suggested language to Condition 25 subject to final language review by the City Manager and City Attorney. Mr. Ghirardelli said the other condition with which they were concerned was Condition 53 relative to the wall to be constructed along the northerly portion of the property. He said they would request a term limit of three years on the bond which the developer is required to post. In response to Council question, Mr. Aguilera and Mr. Kueny indicated that the three year term limit for the bond was acceptable. 00030 Minutes of the City Council Moorpark, California Page 10 October 5, 1994 Mr. Ghirardelli indicated the developer was in agreement with all other conditions. In response to Councilmember Montgomery regarding the desire of some residents to have Lassen Avenue extended into the development, Mr. Ghirardelli said a driveway access to the development from Lassen Avenue would be an appropriate safety valve for emergency ingress and egress but perhaps the driveway could be restricted to pedestrian and bicycle access as a norm. In response to Councilmember Wozniak, Mr. Spondello, the developer, indicated that it was their intent to visit with each of the homeowners whose property backed up to the development to determine what could be done to mitigate the problem of a potential gap between the homeowner fences and the block wall to be built on the property line of the development. Mr. Ghirardelli said the ends of the fences could be closed off so there would not be easy access. He said in any case the wall would be built on the property line. In response to Mr. Kueny, Mr. Ghirardelli indicated that the wall could be built without going on homeowner property. Mr. Kueny offered the following language for consideration to the Council regarding Condition 33.c. on page 11, regarding the fence: "Prior to approval of the final wall and fence plan, where applicable, the Director of Community Development shall approve the connection of the west property line wall with existing fence and walls on the adjacent residential lots." CONSENSUS: By consensus, the Council determined to add the language read by the City Manager above. Councilmember Hunter requested that Condition No. 31 on page 11 be changed to read: "There shall not be any exterior access to the roof area, i.e., trees, high walls, etc. areas (PD)." CONSENSUS: By consensus, the Council determined to change Condition No. 31 as read by Councilmember Hunter above. 00031 Minutes of the City Council Moorpark, California Page 11 October 5, 1994 Mayor Lawrason expressed concern regarding light spillage. Mr. Aguilera suggested the following wording: "The amount of light spillage beyond the property line shall not exceed .5 lumens." CONSENSUS: By consensus, the Council determined to accept the wording proposed by the Director of Community Development. Mayor Lawrason closed the public hearing. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to approve Resolution No. 94 -1074 as amended this evening, citing the Addendum to the Mission Bell Plaza EIR and approving major modification no. 2 of the CPD 89 -1, PM4961, and denying variance 94 -1; to approve Resolution No. 94 -1073 instructing the Planning Commission to study, hold a public hearing, and recommend to the City Council modifications to the City's zoning ordinance relating to allowing no more than 15 percent of the required parking spaces for theatres to be compact parking spaces. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, a recess was declared. The time was 9:12 p.m. The Council reconvened at 9:33 p.m. B. Consider Vesting Tentative Tract Map No. 4637 (Major Modification No. 1) Residential Planned Development Permit No. 89 -4 (Major Modification No. 1) and Zone Change 93 -3 (Urban West Communitiesl. Staff Recommendation: Close the public hearing, approve a 90 day extension as requested by the applicant, and direct staff to advertise for a public hearing on the revised project for November 16, 1994. (Continued Item from 8/3/94; public hearing remains open.) Mr. Aguilera gave the staff report. As there were no speakers for this item, Mayor Lawrason closed the public hearing. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to concur with the applicant's request for a 90 -day extension; to table the item; and to direct staff to readvertise a public hearing when this matter was returned to the Council agenda. The motion carried by unanimous voice vote. 00039 Minutes of the City Council Moorpark, California Page 12 October 5, 1994 C. Consider the Reallocation of CDBG from Grant Years 1987, 1992 and 1993. totalling $45.784. Staff Recommendation: That the City reappropriate CDBG as follows: 1) Move $21,271 of the 1992 Administrative (ID # G3.9) funds to First Street Improvements; 2) Move $21,460 from 1987 Affordable Housing Land Search, (ID #B3.3) to First Street Improvements, and; 3) Move $3,053 from 1993 Charles Street appropriations (ID # H3.2) to First Street Improvements. Mr. Reynolds gave the staff report. Mayor Lawrason opened the public hearing. As there were no speakers for this item, Mayor Lawrason closed the public hearing. In response to Councilmember Hunter regarding First Street improvements, Mr. Reynolds said that a survey was done on First Street and the City was able to document from the response that there is 91 percent low and moderate income families in that neighborhood. Councilmember Perez expressed that Villa Campesina was a neighborhood park and therefore would be eligible for CDBG funds. He indicated, however, that he would move forward with the action to approve this item as proposed by staff. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to reappropriate CDBG funds as follows: 1) Move $21,271 of the 1992 administrative funds currently held in reserve to First Street improvements, 18.4.180.903; 2) Move $21,460 from 1987 affordable housing land search, currently held in reserve, to First Street improvement, 18.4.180.903; 3) Move $3,053 from 1993 Charles Street appropriations to First Street Improvements, 18.4.180.903. The motion carried by unanimous roll call vote. 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Wozniak requested a future agenda item on the Redevelopment Agency's meeting schedule. 00033 Minutes of the City Council Moorpark, California Page 13 October 5, 1994 Mayor Lawrason announced an Open House at the East Valley Sheriff's Station on November 5, at 9:00 a.m. 11. ACTION /DISCUSSION: A. Consider 1994/95 Goals and Objectives. Staff Recommendation: Direct staff as deemed appropriate (Continued item) MOTION: Mayor Lawrason moved and Councilmember Wozniak seconded a motion to continue this item to October 19, 1994. The motion carried by unanimous voice vote. B. Consider Approval of Temporary Refuse Collection Permit Applications. Staff Recommendation: Approve temporary refuse collection permit applications. (Continued Item from 9/21/94) Ms. Lindley gave the staff report. Hardy Strozier, 411 South Beckwith, Santa Paula, addressed the Council representing BFI. He indicated he was present to respond to questions. Councilmember Montgomery suggested extending the existing permits and applications until November 4 with direction to staff that if no resolution between BFI and GI was communicated in writing to the City prior to November 2, then the approval of all four applicants could be granted as long as a letter of indemnification was received from each party indemnifying the City against any culpability with regard to a lawsuit. In response to Mayor Lawrason, Ms. Kane indicated that an indemnification was needed only from GI and BFI and that the other two could simply have their permits issued. Councilmember Montgomery concurred that the City go forward to permit Anderson and Harrison and if the City did not receive communication indicating settlement between BFI and GI then these parties can receive a permit if they sign an indemnification clause. Mr. Strozier indicated his agreement with the proposition made by Councilmember Montgomery. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to approve Temporary Refuse Collection Permit Applications for Anderson Rubbish and Harrison and to extend temporary refuse collection permit 00034 Minutes of the City Council Moorpark, California Page 14 October 5, 1994 applications for BFI and GI until November 4 by which time the City must be in receipt either of communication indicating settlement with each party or an indemnification clause signed by each party, respectively, in favor of the City at which time temporary refuse collection permit applications may be approved. The motion carried by unanimous voice vote. In response to Mr. Kueny, Councilmember Montgomery indicated that no further action would be required by the Council and this item would not have to come back for approval of the Council in the issuance of the permits to GI and /or BFI. C. Consider Status of County of Ventura Happy Camp Golf Course Project. Staff Recommendation: Direct staff to prepare an updated status report for the November 2, 1994 meeting. Ms. Traffenstedt gave the staff report. Mr. Robert Amore, of the County General Services Agency, addressed the Council. He indicated that the response to the County's request for proposals for the Happy Camp Golf Course from Mr. Ralph Mahan included some proprietary information and he could not give the document to the City. He indicated that County Counsel was reviewing the document and he was awaiting information on whether or not he could release the document. Mr. Kueny indicated that if this document was received as a Sealed Bid it was a public document and therefore should be available to the City. Mr. Amore again indicated that there were certain sections of the document that were proprietary. Mr. Kueny indicated to the Council that the document which was being denied to the City tonight would be requested under the Public Records Act. In response to Council question, Mr. Amore said he wrote a letter to Mr. Poleri and stated that an equestrian staging area had never been a part of the proposal. In response to Councilmember Montgomery, Mr. Amore said only a golf course had been proposed, but there was a request for another option being considered. O0035 Minutes of the City Council Moorpark, California Page 15 October 5, 1994 In response to Councilmember Montgomery, Mr. Amore said relative to what was being planned on the lower 700 acres of Happy Camp, there will be some determinations made when a specific plan is submitted for the golf course. Councilmember Wozniak requested that the City draft a letter for the Mayor's signature to Supervisor Vicky Howard informing her that the City is not being provided with requested information relative to this project as was promised. He said the letter should also reference that this project was being "rushed" ahead without appropriate workshops for people in the community. He requested a response as to what the necessity was for speed on this project. He indicated that the letter should be strongly worded to inform Supervisor Howard of the City's disappointment in not being able to obtain this public document. CONSENSUS: By consensus, the Council determined to authorize the letter as outlined by Councilmember Wozniak above. Councilmember Hunter stated that the letter should include the Council's displeasure with the RFP process thus far. MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to direct staff to prepare an updated status report for the City Council's October 19, 1994 meeting. The motion carried by unanimous voice vote. D. Consider Draft Comments of Revised Draft Environmental Impact Report (EIR) for Transit Mixed Concrete Company Aggregate Mine, Conditional Use Permit No. CUP4633 (Formerly Blue Star Ready Mix, Inc., Aggregate Mine). Staff Recommendation: Direct Staff to prepare a letter to the County, which addresses City Council and staff comments on the revised draft EIR. Ms. Traffenstedt gave the staff report. In response to Councilmember Hunter, Ms. Traffenstedt said that since 1986 they have been operating without a permit and new operations have been added since that time. She said one of the City's primary concerns has been the visual impact. She said the new owners are trying to correct the slope and grading items and there is now a re- vegetation plan. 00036 Minutes of the City Council Moorpark, California Page 16 October 5, 1994 Mr. Aguilera indicated that this is a non - revenue generating project, for the Community Development Department. Councilmember Hunter said although it is a non - revenue generating project it is important for the City. In response to Council question, Mr. Kueny said staff should be directed to add the comment that the Ventura County Circulation Element does not show the extension of Broadway and so Section 6.5, page 6.8, titled "Alternative Access Routes ", would be contrary to the County's Circulation Element at this point. In response to Councilmember Montgomery, Mr. Kueny suggested that staff be directed to ensure that mitigation for this project pertaining to cumulative traffic mitigation was similar to that of Quality Rock. CONSENSUS: By consensus, the Council determined to include the City Manager's suggestions as reported above. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to prepare a letter to the County, which addresses the staff comments and comments made by the City Council this evening relative to the revised draft EIR. The motion carried by unanimous voice vote. E. Request for Funding to Assist in Base Realignment and Closure - BRAC -95 Task Force Program. Staff Recommendation: The Economic Development /Affordable Housing Committee and staff recommend this item be continued until October 19, 1994 or November 2, 1994 to allow the Committee to receive and evaluate additional information about the program in order to make a recommendation to the City Council. Mr. Hayes gave the staff report. He reported that the request is for $6,230. Jere Robings, 924 Calle Contento, Thousand Oaks, of the Alliance of Taxpayers, addressed the Council in support of the BRAC. He said there was a perception in Washington that California communities would not support their bases. He said the BRAC process starts with the Pentagon and a list which will be published on the first of March, 1995. He said the hearings will begin with the BRAG commission recommending to the President its final list of bases to be closed. He said it is of utmost 00037 Minutes of the City Council Moorpark, California Page 17 October 5, 1994 importance to stay off the closure list. He said 8 out of the 10 Ventura County cities have responded and appropriated money for support of BRAG. Councilmember Montgomery said he believed it was more advantageous for the community to have military bases remain as presently constituted rather than seeking a new use for them. Cal Carrera, 10550 Summer View, Camarillo, addressed the Council as a member of the BRAC 195 Task Force. He said he agreed with Councilmember Montgomery that it was important to keep the bases as they are, military facilities, rather than try to develop other uses for the bases. He indicated that $50,000 from the private sector has been received so far. Mike Saliba, 5156 McGrath Street, Ventura, addressed the Council as a member of the BRAC 195 Task Force. He said the request for $6,230 is a good expenditure of the City's money. He said the Cities of Camarillo, Fillmore, Simi Valley, Ventura, Ojai, and the County of Ventura have all pledged their support. Mayor Lawrason mentioned that the impact to the City of Moorpark if the base closed would be significant and that there are approximately 320 residents who would lose jobs. He said we need to support the BRAC Task Force. Councilmember Hunter expressed his support for BRAC 195 MOTION: Councilmember Perez moved and Councilmember Hunter seconded a motion to appropriate $6,230 from the General Fund Reserve to the BRAC 195 Task Force. The motion carried by unanimous roll call vote. F. Consider the Draft Conditions of the Proposed Roam'n Relics Car Show, on High Street, October 30, 1994. Staff Recommendation: Consider the draft permit conditions, the waiver of fees request, the use of City traffic signs, and direct staff as deemed appropriate. Don Reynolds deferred the staff report. Buster Williams, 4120 Cochran Street, Simi Valley, of the Roam'n Relics Car Club, addressed the Council. He described their event and explained that their primary purpose for the car show is to generate funds for Ventura County based charitable organizations. He said the Club is requesting that police services be charged at the 00038 Minutes of the City Council Moorpark, California Page 18 October 5, 1994 contract rate rather than the overhead inclusive rate adopted by Council. Lieutenant Rouse indicated that if he has reserve officers available they could work the event at $15.00 per hour. Councilmember Hunter indicated that Lieutenant Rouse had informed him that the Club will handle all barricades and road closures. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to approve the draft permit conditions, the waiver of fees request for the permit fees; City staff time (non - police) of $1,794 to be contributed by the City, staff time (police) to be paid at actual rate (estimated to be $600) ; to approve the use of City traffic signs; to approve that two deputies be charged at the direct rate as opposed to the rate with the inclusion of the City's overhead; two additional reserve officers to be charged at $15.00 per hour but if reserve officers are not available the direct contract rate will be charged for the two additional officers. The motion carried by unanimous voice vote. G. Consider the Waiver of Fees for the Proposed Moorpark Kiwanis "Fifth Annual Kiwanis Conejo Century Classic Bike Ride ". Staff Recommendation: Waive the permit fees estimated to be $195 ($156 of staff time plus $39 for a temporary use permit) , thereby deleting condition "A.1." in the draft permit conditions, and /or direct staff as deemed appropriate. Mr. Reynolds gave the staff report. MOTION: Councilmember Montgomery moved and Councilmember Hunter seconded a motion to waive the permit fees estimated to be $195, thereby deleting Condition A.1. in the draft permit conditions. The motion carried by unanimous voice vote. H. Consider the Request from Moorpark College to Receive Approval for a Temporary Use Permit to Operate a Swap Meet. Staff Recommendation: Direct staff as deemed appropriate. Mr. Aguilera deferred the staff report and said he recommended approval of the temporary special use permit. 00039 Minutes of the City Council Moorpark, California Page 19 October 5, 1994 James Nile, 7075 Campus Road, addressed the Council stating that the college hoped to make money with this swap meet. He thanked the Council for their consideration. MOTION: Mayor Lawrason moved and Councilmember Wozniak seconded a motion to authorize the Director of Community Development to issue a temporary special use permit to allow the Open Air Swap Meet subject to the Conditions of Approval. The motion carried by unanimous voice vote. I. Consider Allowing Temporary Special Use Permit for Temporary Storage of Recreational Vehicles at AC Construction Site Located at 4875 Spring Road. Staff Recommendation: Receive and file the report. Mr. Aguilera gave the staff report. Councilmember Wozniak indicated a permanent dump station was going to be installed at the site. The City Clerk indicated that Eloise Brown had submitted a speaker card but was unable to stay for the discussion of this item. The letter containing her concerns with the precedent that will be set by the action on this item. Ms. Hare indicated that the Council would be provided copies of the letter. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to receive and file the report. The motion carried by unanimous voice vote. J. Consider Developina a Policv for Dedication and Donation of Memorial Trees. Staff Recommendation: Direct staff as deemed appropriate. CONSENSUS: By consensus, the Council determined to continue this item to October 19, 1994. K. Consider Proposition 188, Smoking and Tobacco Products. Staff Recommendation: Direct staff as deemed appropriate. CONSENSUS: By consensus, the Council determined to continue this item to October 19, 1994. L. Consider Proposition 187 - "Illegal Aliens. Ineligibility for Public Services. Verification and Reporting. Initiative Statute." 0000 Minutes of the City Council Moorpark, California Page 20 October 5, 1994 CONSENSUS: By consensus, the Council determined to continue this item to October 19, 1994. 12. ORDINANCES: None. 13. CLOSED SESSION: MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to adjourn to Closed Session for discussion of all items listed on the agenda: A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - two) B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - one) C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (pursuant to Subdivision (a) Government Code Section 54956.9) Name of Case: D. W. Burhoe Construction, Inc. vs. City of Moorpark D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (pursuant to Government Code Section 54957) Title: City Manager, Deputy City Manager, Director of Community Services, Director of Community Development, Public Works Director, City Clerk, Chief of Police, City Engineer, and City Attorney E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (pursuant to Subdivision (a) Government Code Section 54956.9) Name of Case: Abe Guny vs. City of Moorpark (Case No. 114052) F. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (pursuant to Subdivision (a) Government Code Section 54956.9) Name of Case: Harry K. Lieb vs. City of Moorpark (Case No. 114052) The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 11:30 p.m. 00041 Minutes of the City Council Moorpark, California Page 21 October 5, 1994 The Council reconvened into Closed Session at 11:35 p.m. Present in Closed Session were all Councilmembers except Councilmember Montgomery; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney. The Council reconvened into Open Session at 12:15 a.m. Mr. Kueny stated there was no action to report out of Closed Session and only Items 13.B., 13.E., and 13.F. were discussed. 14. ADJOURNMENT: Mayor Lawrason adjourned the meeting at 12:15 a.m. Paul W. Lawrason Jr., ATTEST: 0094?