HomeMy WebLinkAboutMIN 1996 0403 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California April 3, 1996
A Regular Meeting of the City Council of the City of Moorpark was
held on April 3, 1996, 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 :17 p.m.
2. PLEDGE OF ALLEGIANCE:
Councilmember Perez led the Pledge of Allegiance.
3. ROLL CALL:
Present: Councilmembers Hunter, Perez, Wozniak and
Mayor Lawrason
Staff Present: Steven Kueny, City Manager; Richard Hare,
Deputy City Manager; Ken Gilbert, Director of
Public Works; Christine Adams, Director of
Community Services; Steve Hayes,
Redevelopment /Economic Development Manager;
Cheryl Kane, City Attorney; Mary Lindley,
Assistant to the City Manager; Don Reynolds,
Administrative Services Manager; Jill Rubin -
Myers, Solid Waste Coordinator; Deborah
Traffenstedt, Senior Planner; Paul Porter,
Senior Planner; Lieutenant Marty Rouse,
Sheriff's Department; Dirk Lovett, Assistant
City Engineer; Lillian Hare, City Clerk; and
Dorothy Vandaveer, Deputy City Clerk
4. PROCLAMATIONS AND COMMENDATIONS:
None.
5. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
Councilmember Hunter stated that he will suggest that Items
10.H., 10.K. and 10.L. be continued until April 10 or April
17.
AT THIS POINT in the meeting, the Council recessed in order to
convene the Redevelopment Agency. The time was 7:20 p.m. The
Council reconvened into Session at 7 :24 p.m.
6. PUBLIC COMMENT:
7.
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Moorpark, California Page 2
April 3, 1996
John Newton, 165 High Street, spoke encouraging the City to
work with the County relative to finding alternative access
routes for the trucks that traverse to and from the TMC quarry
operation. He said it is important to keep this type of
operation going and he believes TMC has acted responsibly
since they took over the ownership of the mining operation.
Paul Bollinger, 2820 Townsgate Avenue #200, Westlake Village,
addressed the Council and stated that since there is updated
information regarding his development application, he would
request a continuance of his project until April 10, 1996.
CONSENT CALENDAR:
Mr. Kueny requested that Item 7.F. be pulled from the Consent
Calendar for individual consideration.
Councilmember Hunter requested that Item 7.G. be pulled from
the Consent Calendar for discussion.
MOTION: Councilmember Perez moved and Councilmember Wozniak
seconded a motion to pull Items 7.F. and 7.G. and to approve
the balance of the Consent Calendar. The motion carried by
roll call vote 4 -0.
A. Consider Approval of Minutes of Regular Meeting of the
City Council of February 21, 1996.
Consider Approval of Minutes of Special Meeting of the
City Council of February 15, 1996.
Consider Approval of Minutes of Special Meeting of the
City Council of March 13, 1996.
Consider Approval of Minutes of Special Meeting of the
Citv Council of March 6, 1996.
Staff Recommendation: Approve the minutes as processed.
B. Consider Approval of Warrant Register
Manual Warrants 29928 - 29936,
30056 -30064 $ 8,134.69
Regular Warrants 30065 -30189 $ 314,979.79
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Moorpark, California Page 3 April 3, 1996
Voided Warrants 29845 $ (115.00)
Staff Recommendation: Approve the Warrant Register.
C. Consider Authorization to Advertise for Receipt of Bids
a
for the Construction of the 1995 Asphalt Overlay Project
(Designated Portions of Tierra Rejada Road, Spring Road,
Old Los Angeles Avenue, Flory Avenue, Goldman Avenue and
Magnolia Street) . Staff Recommendation: Approve the
plans and specifications for the subject project and
authorize staff to advertise for receipt of bids for the
construction of same.
Consider Authorization to Advertise for Receipt of Bids
for the Widening of Moorpark Avenue to Facilitate
Southbound Riaht Turn Traffic at Poindexter Avenue.
Staff Recommendation: Approve the plans and
specifications for the subject project and authorize
staff to advertise for receipt of bids for the
construction of same.
E. Consider Approval of a Certificate of Acceptance for an
Access Easement from the Cabrillo Economic Development
Corporation Required for the Construction and Use of the
Arroyo Vista Community Park Pedestrian, Equestrian,
Bicycle, Emergency Access Bridge Over the Arroyo Simi
Staff Recommendation: Approve a Certificate of
Acceptance for the subject Easement Deed and direct the
City Clerk to record said deed and certificate.
H. Consider Small Business Participation at the Moorpark
Hazardous Waste Collection Event Scheduled for May 18,
1996. Staff Recommendation: Approve the participation
of ten Moorpark businesses qualifying as Conditionally
Exempt Small Quantity Generators (CESQGs) to participate
in the Moorpark hazardous waste collection event
scheduled for May 18, 1996.
I. Consider Approval of an Increase to the Amount of the
Construction Contingency for the Contract for the
Construction of a Temporary Traffic Signal at the
Intersection of Tierra Rejada Road and Moorpark Road.
Staff Recommendation: 1) Approve a revised project
construction contract price of $30,195 and an additional
ten percent (10 %) construction contingency of $3,020; 2)
Approve an amendment to the amount of the appropriation
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Moorpark, California Page 4
April 3, 1996
and budget for this project as follows: Acc. # 026-142 -
903 -0413: from $42,000 to $50,000 ($8,000 increase).
J. Consider Confirming Appointment of the Tenant
Commissioner to the Area Housing Authority of the County
of Ventura. Staff Recommendation: Confirm the
appointment of Vina June Milburn.
K. Consider Resolution No. 96 -1191 Approving and
Authorizing the City Manager and Chairman to Execute a
Reimbursement Agreement by and between the Moorpark
Redevelopment Agency and the City of Moorpark for a City
Loan for Administration Costs for the Preparation of H.E.
Baher and Highway Patrol Lease Agreements. Staff
Recommendation: That the City Council and the Agency
adopt the Resolutions authorizing the City Manager and
Chairman to execute the Reimbursement Agreement by and
between the Moorpark Redevelopment Agency and the City of
Moorpark.
The following items were pulled for individual consideration:
F. Consider Approval of a Certificate of Acceptance for a
Portion of Street Right -of -Way on the North Side of Los
Angeles Avenue West of Condor Drive. Staff
Recommendation: Approve a Certificate of Acceptance for
the subject Street Easement and direct the City Clerk to
forward same to the County of Ventura for recordation
along with said deed.
Mr. Gilbert stated that he wanted this item pulled
because a change needs to be made to the physical
description contained in the deed. It was changed from:
"A strip of land, 38.00 feet wide,
lying.........
To read:
"A strip of land, 22.00 feet wide,
lying......,,
Mr. Gilbert said the Ventura County Flood Control
District has agreed to revise the description of the
street easement deed to be conveyed to the City to
reflect twenty -two feet which would be needed for
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Moorpark, California Page 5 April 3, 1996
widening Los Angeles Avenue to the north of the existing
right -of -way.
MOTION: Councilmember Wozniak moved and Councilmember
Perez seconded a motion to approve a Certificate of
Acceptance for the subject Street Easement Deed with the
change to the physical description as noted above and
direct the City Clerk to forward same to the County of
Ventura for recordation along with said deed. The motion
carried by 4 -0 voice vote.
G. Consider PD 1065 Minor Modification No. 3 (Carton), a
Request to Extend the Hours of Operation of a Billiards
Establishment. Staff Recommendation: Receive and file
the report.
Mr. Porter gave the staff report.
Councilmember Hunter asked Lieutenant Rouse if the
conditions as written would allow patrons of the
billiards parlor to bring their own alcoholic beverages
to the site.
Lieutenant Rouse responded that it is conceivable that it
could happen.
Councilmember Hunter stated that he would like to see
Condition No. 1 changed from:
"1) No alcoholic beverages may be sold or served."
to read as follows:
"1) No alcoholic beverages shall be sold, served, or
consumed."
CONSENSUS: By consensus, the Council determined to amend
Condition No. 1 as stated above.
In response to Councilmember Perez, Mr. Porter said the
parking requirements at this location are marginally met
at this time.
MOTION: Councilmember Hunter moved and Councilmember Wozniak
seconded a motion to receive and file the report. The motion
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Moorpark, California Page 6 April 3, 1996
carried by 4 -0 voice vote.
8. PUBLIC HEARINGS:
A. Consider Approval of the Moorpark Country Club Estates
Project Proposed by Bollinger Development Corporation
(General Plan Amendment No. 94 -1, Zone Change No. 94 -1,
Vesting Tentative Map No. 4928, Residential Planned
Development Permit No. 94 -1, and Conditional Use Permit
No. 94 -1. Staff Recommendation: 1)
hearing and take public teDtilLtUlry (PUBLIC HEARING IS
CLOSED); 2)Consider draft conditions of approval and
provide staff with any comments regarding required
revisions; 3) Direct staff to provide the City Council
with the Addendum to the Final EIR and any recommended
revisions to conditions for a continued public hearing on
march 13, 1996; 4) Direct staff to provide the City
Council with a draft Mitigation Monitoring Program, EIR
Findings, and Statement of Overriding Considerations, the
City Council's meeting on march 20, 1996; and 5) Continue
the public hearing to March 13, 1996.
Mr. Kueny suggested that the Council go through the
Conditions of Approval and allow the applicant to express
any concerns and to answer questions on the EIR Addendum,
Findings of Fact, Mitigation Monitoring Program and the
Statement of Overriding Considerations and that the
Council defer any action until April 10.
Paul Bollinger, 2820 Townsgate Road, Westlake Village,
addressed the Council stating that relative to Map No.
4928 he has five items of concern:
1. Page 1, Condition 8; r.e. Severability: The new
wording is ambiguous and would seem to instill very
broad and subjective ways for the city to rescind
project entitlements. Request reversion back to
previous wording.
Mr. Kueny said staff would concur to language,...." by a
court of competent jurisdiction.
2. Page 7, Condition 31; r.e. Citywide traffic fees:
The applicant requests that this and other traffic
and Air Quality fees be paid pursuant to the
following schedule:
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Moorpark, California Page 7 April 3, 1996
For golf course: At the time of golf course
occupancy release.
For residential: At the time of building permit
release, for each lot phase as required.
Mr. Kueny said staff would like to leave language
as is, but allow the Developer Agreement to take
precedence.
Mr. Bollinger agreed to that.
On the residential fees, he requested that
each be paid as the building permit is
granted.
Mr. Kueny said staff agreed.
3. Page 15, Condition 54; r.e. Trail easement: The
Applicant's previous comments to the Council apply;
they agree to dedicate the trail easement on the
Tract Map, but request that the requirement to bond
or post surety for the construction of the trail be
deleted.
Regarding the trail, Mr. Bollinger said the
Development Agreement does not require a surety,
but the conditions of approval do.
Mr. Kueny said that staff recommends that the City
not require the bond.
CONSENSUS: By consensus, the Council determined to not
require the bond.
4. CUP 94 -1 - Page 1, Condition 4: r.e.. Use
Inauguration: Applicant requested deletion of the
need to come back for any permit extensions after
the golf course facilities are constructed. The
condition can be made acceptable with the deletion
of the last two sentences.
Mr. Kueny indicated that staff would concur with
Mr. Bollinger and would modify the language that
"after golf course completion the Conditional Use
Permit would run with the land." Mr. Kueny said
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Moorpark, California Page 8
April 3, 1996
the City Attorney will draft revised language for
Council consideration.
CONSENSUS: By consensus, the Council determined to direct
the City Attorney to draft the revised language as stated
above for its consideration.
5. CUP 94 -1, Page 5, Condition 22, r.e. Golf
Course construction: Applicant requests that
the construction of the golf clubhouse be
allowed to commence in conjunction with the
rough grading, and thus prior to, the
recordation of the Phase I Tract Map.
Mr. Kueny said staff will review this request.
Debbie Traffenstedt presented
the resolution. She said the
and air quality are changed by
said the Addendum to the EIR
should have deleted the refer,
units.
some minor corrections to
two biological categories
Condition No. 3. She also
(page 9, first paragraph)
ance to the additional two
Mayor Lawrason said he wants to see the date annotated on
the upper right hand corner of new documents that are
provided to the Council.
Debbie Traffenstedt said in the Zone Change Ordinance,
the ordinance will include reference to the 3/20 and 3/27
meetings and a map will be attached to include the zone
district boundaries.
MOTION: Councilmember Hunter moved and Councilmember Perez
seconded a motion to continue this item to April 10, 1996.
The motion carried by 4 -0 voice vote.
B. Consider Ordinance No. Of the City of Moorpark,
California Approving Development Agreement 95 -1 Between
the Citv and Bollinaer Development Corporation. Staff
Recommendation: Approve Ordinance No. For first
reading. (PUBLIC HEARING IS OPEN) (CONTINUED ITEM)
Mr. Kueny gave the staff report.
Bill LaPerch, 7200 Walnut Canyon Road, expressed concern
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about the completion of the project. He encouraged that
the City require substantial security for this project.
He said this development should not be exempted from the
hillside ordinance. He spoke in opposition to the
project.
Roseann Mikos, 14371 E. Cambridge, spoke in opposition to
the project.
Eddie Bergfield, 7505 Walnut Canyon Road, expressed his
concerns about air quality standards that will be lowered
if this project is approved. He spoke in opposition to
the project.
In response to Councilmember Hunter, Ms. Kane stated that
the exemption clause is limited to a growth management
ordinance. She continued by stating that by law,
Development Agreements are allowed to ensure a developer
that they will be exempt from ordinances of the city that
may be adopted in the future to the extent that the City
and the developer identified those in the Development
Agreement. She said state law allows cities to take this
kind of action.
MOTION: Councilmember Hunter moved and Councilmember Perez
seconded a motion to continue this item to April 10, 1996 and
to keep the public hearing open. The motion carried by 4 -0
voice vote.
AT THIS POINT in the meeting, the Council took a recess. The
time was 8:50 p.m. The Council reconvened at 9:08 p.m.
9. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Councilmember Hunter inquired about plans for a left turn lane
for westbound traffic turning left from Tierra Rejada Road
onto Moorpark Road. He said his concern is that those
turning left may underestimate the speed on those cars moving
east on Tierra Rejada Road. He said he wants this item
agendized for the next Transportation and Streets Committee
meeting.
Councilmember Perez commented that there will be a health fair
at Thrifty Stores on April 11 from 2:00 - 6:00 p.m. He also
congratulated Councilmember -Elect Brown for her election to
the City Council.
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Moorpark, California Page 10
April 3, 1996
Mayor Lawrason thanked everyone who had shown concern during
his recent illness. He announced that he is feeling well
again.
10. PRESENTATIONS /ACTION /DISCUSSION:
A. Consider Approval of the Engineer's Report for Assessment
District AD85 -1 (Parks Maintenance) for FY 1996/97 and
the Scheduling of a Public Meeting and a Public Hearing
to Consider Certain Changes to and the Ordering of the
Annual Assessments for Said District. Staff
Recommendation: Adopt Resolution 96 -1195 (Exhibit "G ") a)
approving The Engineer's Report for Assessment District
AD85 -1; b) Declaring intention to make certain changes to
and ordering the annual assessments for said assessment
district for FY 1996/97; and, c) setting the dates and
times of a Public Meeting and a public hearing to
consider said assessments.
Mr. Gilbert gave the staff report.
Relative to the landscape contractor, Ms. Adams indicated
that this is the first increase in price that the City
has experienced with this contractor in three years.
Councilmember Hunter said he would like to see some
comparative rates.
Mayor Lawrason said these two assessments have been
controversial in the past and the Council has chosen over
the past years to subsidize some of the costs of this
work and is now in a position to look at it differently.
Eloise Brown, 13193 Annette Street, addressed the Council
stating that the City should go out to bid for the
landscape maintenance costs. She voiced her objection to
the assessment.
MOTION: Councilmember Perez moved and Councilmember Wozniak
seconded a motion to adopt Resolution No. 96 -1195 a) approving
the Engineer's Report for Assessment District AD 85 -1; b)
Declaring intention to make certain changes to and ordering
the annual assessments for said assessment district for FY
1996/97; and, c) setting the date and time of a Public Meeting
and a public hearing to consider said assessments as being
June 5, 1996. The motion carried by voice vote 4 -0.
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Moorpark, California Page 11 April 3, 1996
B. Consider Approval of the Engineer's Report for Assessment
District AD84 -2 (Lighting and Landscape) for FY 1996/97
and the Scheduling of a Public Meeting and a Public
Hearing to Consider Changes to and the Ordering of the
Annual Assessments for Said Assessment District. Staff
Recommendation: Adopt Resolution No. 96 -1194 a) approving
the Engineer's Report for Assessment District AD 84 -2; b)
declaring intention to make certain changes to and
ordering the annual assessments for said assessment
district for FY 1996/97; and, c) setting the date and
time of a Public Meeting and public hearing to consider
said assessments.
Mr. Gilbert gave the staff report. He said we should
amend the Engineer's Report by deleting the high school
frontage from Zone 10 and reduce the amount of the zone
10 assessment as presented in the staff report.
Eloise Brown, 13193 Annette Street, voiced her objection
to the assessments.
MOTION: Councilmember Wozniak moved and Councilmember Perez
seconded a motion to amend the Engineer's Report to delete the
high school frontage from Zone 10 and reduce the amount of the
Zone 10 assessment as presented in the staff report, and to
Adopt Resolution No. 96 -1194 a) approving the Engineer's
Report for Assessment District AD84 -2; b) declaring intention
to make certain changes to and ordering the annual assessments
for said assessment district for FY 1996/97; and c) setting
the dates and times of a Public Meeting and a public hearing
to consider said assessments. The motion carried by 4 -0 voice
vote.
C. Consider Bids for the Construction of the Moorpark Avenue
Storm Drain and the Spring Road Storm Drain. Staff
Recommendation: 1) Approve the Scope of Work for the
project to include both the Moorpark Avenue and the
Spring Road storm drains; 2) Amend the appropriations and
budget as follows: a) FY 1995/96 - 027- 142 - 903 -0334: from
$550,000 to $200,000 and 01- 170- 903 -0334 from $500,000 to
$200,000, b) FY 1996/97 - 003 - 142 - 903 -0334 from $0 to
$182,500, 013 - 142 - 903 -0334 from $0 to $127,200; 027 -142-
903 -0334 from $0 to $796,000; 001 - 170 - 903 -0334 from $0 to
$482,300; 3) Award a contract to Lash Construction in the
amount of $1,504,570.16; 4) Authorize the City Manager to
approve a Change Order Not to Exceed $100,020 for night
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Moorpark, California Page 12 April 3, 1996
work if required; 5) Approve a construction contingency
in the amount of $160,810 for the project and authorize
the City Manager to approve additional work for an amount
not to exceed ten percent of the contract, 6) Authorize
the City Manager to sign necessary contract documents.
(ROLL CALL VOTE REQUIRED)
Mr. Gilbert gave the staff report.
In response to Mayor Lawrason, Mr. Gilbert said the low
bidder in this case has excellent references and has been
used by Calleguas Water District on many occasions.
MOTION: Councilmember Wozniak moved and Councilmember Perez
seconded a motion to 1) Approve the Scope of Work for the
project to include both the Moorpark Avenue and the Spring
Road storm drains; 2) Amend the appropriations and budget as
follows: a) FY 1995/96 - 027 - 142 - 903 -0334: from $550,000 to
$200,000 and 01- 170- 903 -0334 from $500,000 to $200,000, b) FY
1996/97 - 003 - 142 - 903 -0334 from $0 to $182,500, 013- 142 -903-
0334 from $0 to $127,200; 027- 142 - 903 -0334 from $0 to
$796,000; 001 - 170 - 903 -0334 from $0 to $482,300; 3) Award a
contract to Lash Construction in the amount of $1,504,570.16;
4) Authorize the City Manager to approve a Change Order Not to
Exceed $100,020 for night work if required; 5) Approve a
construction contingency in the amount of $160,810 for the
project and authorize the City Manager to approve additional
work for an amount not to exceed ten percent of the contract,
6) Authorize the City Manager to sign necessary contract
documents. The motion carried by 4 -0 roll call vote.
D. Consider a Weekly Certified Farmers' Market. Staff
Recommendation: Direct staff to initiate action to bring
a Farmers' Market to Moorpark on Saturday afternoons, at
the north Metro Link Station, contingent upon approval of
staff's development of temporary use permit conditions
(which maintain the aesthetic conditions and maintain
parking for the current businesses on High Street),
selection of a market coordinator, possible City
sponsorship, and to present a proposed implementation
plan.
Don Reynolds gave the staff report.
Francis Okyere, 484 E. Los Angeles Avenue, Suite 200,
spoke representing the Moorpark Chamber of Commerce. He
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April 3, 1996
said he would have preferred that the Farmer's Market be
done by private industry. He said he hopes the City
will take seriously the ideas that the Chamber brings
forward.
Councilmember Hunter said he wants to see the results of
the implementation plan and stated that there is no need
to bring this back to the Council.
MOTION: Councilmember Wozniak moved and Councilmember Hunter
seconded a motion to direct staff to develop an implementation
plan for a Farmers' Market on Saturday afternoons, at the
north Metro Link Station; the implementation plan to come back
to the full Council on May 1. The motion carried by 4 -0 voice
vote.
E. Consider Resolution No. 96 -1192 Approving Administrative
Permit No. 96 -5 to Commercial Planned Development Plan
Permit 90 -2 Major Modification No. 1 (Castillo Company),
Request for Liquor Public Convenience and Necessity
Permit for Liquor Sales. Staff Recommendation: Adopt
Resolution No. 96 -1192 Approving Administrative Permit
No. 96 -5.
Paul Porter gave the staff report.
Councilmember Hunter stepped down from the dais to avoid
any perception of a possible conflict of interest.
Mr. Kueny left the meeting to avoid any perception of a
possible conflict of interest.
Bob Newman, 11698 Sagewood, stated that the City needs to
decide whether or not it wants liquor stores in
residential communities.
Ann Hall, 6565 Knott Avenue, Buena Park, spoke as a
representative of Lucky Stores. She said the store is
expected to be opened in December, 1996, or January,
1997.
Ron Day, 327 Medea Creek Lane, Agoura, from Sav -on Drugs,
was present to answer questions.
MOTION: Councilmember Wozniak moved and Councilmember Perez
seconded a motion to adopt Resolution No. 96 -1192 approving
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Moorpark, California Page 14 April 3, 1996
Administrative Permit No. 96 -5. The motion carried by voice
vote 3 -0, Councilmember Hunter absent for the vote.
F. Consider Resolution No. 96 -1193 Approvinq Administrative
Permit No. 96 -6 to Commercial Planned Development Plan
Permit 90 -2 Major Modification No. 1 (Castillo Company),
Request for Liquor Public Convenience and Necessity
Permit for Liquor Sales. Staff Recommendation: Adopt
Resolution No. 96 -1193 Approving Administrative Permit
No. 96 -6.
Paul Porter gave the staff report.
MOTION: Mayor Lawrason moved and Councilmember Perez seconded
a motion to adopt Resolution No. 96 -1193 approving
Administrative Permit No. 96 -6. The motion carried by 3 -0
voice vote, Councilmember Hunter absent for the vote.
G. Consider Request by A. Deewayne Jones, D.D.S., for the
City to Initiate a General Plan Amendment for a Four Acre
Parcel Located Continuous with the Southwest Quadrant of
Mission Bell - Phase 2 (Assessor's Parcel No. 511- 08 -42).
Staff Recommendation: 1) Direct staff to accept a General
Plan Amendment to change of Land Use Designation from M
to C -2; 2) Authorize staff to accept an application for
processing a Tentative Parcel Map, Zone Change and
Commercial Planned Development Permit after the General
Plan Amendment is heard by the Planning Commission at a
public hearing.
Councilmember Hunter returned to the dais.
Mr. Kueny returned to the meeting.
Paul Porter gave the staff report.
Mayor Lawrason expressed concerns with the multistory
building.
A. Deewayne Jones, 1055 Marine View, addressed the
Council. He stated that he wants to process the
Conditional Use Permit and the Tentative Tract Map at the
same time and is requesting concurrent processing.
John Newton, 165 High Street, spoke representing A.
Deewayne Jones. He requested the Council to consider the
Minutes of the City Council
Moorpark, California Page 15 April 3, 1996
concurrent processing of the proposed development.
AT THIS POINT in the meeting, Mrs. Hare stated that it was
time to reorder the agenda. The time was 10:50 p.m.
CONSENSUS: By consensus, the Council determined to continue
Items 10.H. and 10.K. until the April 17 City Council meeting;
and to continue Item 10.L. to the April 10 City Council
meeting.
The Council resumed discussion of Item 10.G.
Councilmember Perez said he wants this item considered at
the next Community Development Committee meeting the
first Monday of May.
Mr. Kueny recommended that the matter be agendized for a
special meeting of the Committee.
CONSENSUS: By consensus, the Council determined to continue
this item to the next regular meeting of April 17, 1996 to
allow the Community Development Committee to meeting on April
8 at 6:30 p.m. to consider this item.
H. Consider Parks and Recreation Commission Recommended
Priority List of Improvements for Phase II of Arroyo
Vista Community Park and Recreation Center. Staff
Recommendation: 1) Review the Priority List of Park
Improvements for Phase II of Arroyo Vista Community Park,
as recommended by the Parks and Recreation Commission; 2)
Consider adoption of Priority List with recommended
changes by staff (i.e., deferring tennis court
construction until after revised conceptual design is
completed, acceptance of donated MBA improvements in
1996/97, and moving Teen Center up in order of priority
to short term improvements; and 3) Direct staff to
advertise for Receipt of Bids for a qualified landscape
architect to develop a conceptual design for Phase II of
Arroyo Vista Community Park, which would incorporate the
priority list of Park Improvements as adopted by the City
Council. (Funds to be appropriated in 1996/97).
Chris Adams deferred the staff report.
Gerry Main, 12801 Alderbrook, spoke representing the
Moorpark Tennis Club. He spoke in favor of the proposal
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Moorpark, California Page 16 April 3, 1996
to build a tennis facility. He said they are requesting
6 -8 courts.
Charles Weiss, 13958 Quailwood, thanked the Parks and
Recreation Commission for their vote of confidence in
supporting the tennis courts. He said Superintendent Tom
Duffy has agreed to explore a joint venture with the City
to make this happen. He outlined the fundraising plan
that they have.
MOTION: Mayor Lawrason moved and Councilmember Perez seconded
a motion to continue this item to April 17, 1996. The motion
carried by 4 -0 voice vote.
I. Consider Co- Sponsoring Proposed Fireworks Show for July
3, 1996. Staff Recommendation: 1) Allocate $4,500 (from
General Fund Reserves) to Fireworks Account, for
Sheriff's Department services and for a concert preceding
the fireworks show on July 3, 1996; and 2) Allow
volunteers to solicit free will donations from those in
attendance at the fireworks show on July 3, to be used as
seed money for the 1997 program, 3) Act as official co-
sponsor of the 1996 Moorpark Fireworks Event, and 4)
Authorize the City Manager to sign any required
agreements or other documents pertaining to the City's
participation, as needed.
Chris Adams gave the staff report.
Councilmember Hunter indicated that he is opposed to
soliciting a donation from the attendees at the show.
Mayor Lawrason concurred with Councilmember Hunter's
comment.
In response to Councilmember Perez, Lieutenant Rouse
stated that the Kiwanis Club of Moorpark may be requested
to provide security as they did last year and that at
least two officers need to be inside the stadium at all
times.
Jim Stueck, 4767 Elderberry Avenue, said the Chamber of
Commerce is in full support of this activity.
In response to Mr. Kueny, Ms. Adams said staff might want
to explore conducting the event completely in the park.
0(1(55
Minutes of the City Council
Moorpark, California Page 17 April 3, 1996
MOTION: Councilmember Hunter moved and Mayor Lawrason seconded
a motion to 1)Appropriate $4,500 from General Fund Reserves
to Fireworks Account, for Sheriff's Department services and
for a concert preceding the fireworks show on July 3, 1996;
and 2) Act as official co- sponsor of the 1996 Moorpark
Fireworks Event, and 3) Authorize the City Manager to sign any
required agreements or other documents pertaining to the
City's participation, as needed. The motion carried by voice
vote 3 -1, Councilmember Wozniak dissented.
J. Consider Setting a Meeting to Discuss Day Laborer
Situation. Staff Recommendation: Set meeting date and
direct staff to publicize meeting and invite interested
parties.
Mary Lindley gave the staff report.
CONSENSUS: By consensus, the Council determined that a meeting
will be held May 8 at 7 :00 p.m.
K. Consider Council Policies Update. Staff Recommendation:
Concur with the recommended action on Policies & Moorpark
Operating Procedures as outlined in the report and direct
staff to provide a resolution consolidating all Council
policies.
CONSENSUS: By consensus, the Council determined to continue
this item to April 17, 1996.
L. Consider Preliminary Quality of Life Thresholds /Standards
for New Growth Management Program. Staff Recommendation:
Direct staff as deemed appropriate.
CONSENSUS: By consensus, the Council determined to continue
this item to April 10, 1996.
11. ORDINANCES:
None.
12. CLOSED SESSION:
MOTION: Councilmember Hunter moved and Councilmember Perez
seconded a motion to recess into Closed Session to consider
items 12.A. through 12.E.
X..K
Minutes of the City Council
Moorpark, California Page 18 April 3, 1996
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to
Subdivision (b) to Section 54956.9 of the Government
Code: (Number of cases to be discussed - three)
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 - two)
C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: Portion of 506 - 010 -045
Negotiating parties: City of Moorpark and Southern
California Edison
Under Negotiation: Price and terms of payment
D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government
Code): Dillon vs. The City of Moorpark
E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government
Code) Moorpark LeClub, et al vs. The City of Moorpark
The motion carried by voice vote 4 -0.
AT THIS POINT in the meeting, a recess was declared. The time
was 11:30 p.m. The Council reconvened into Closed Session at
11:35 p.m.
Present in Closed Session were all Councilmembers; Steven
Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl
Kane, City Attorney.
111
Minutes of the City Council
Moorpark, California Page 19 April 3, 1996
The Council reconvened into Open Session at 12:52 a.m. Mr.
Kueny said there is no action to report and only items 12.C.,
12.D., and 12.E. were discussed.
Mayor Lawrason adjourned the meeting at 12:53 a.m.
ATTEST:
('I vn-L,,,�
Paul W. La rason Jr.,playor
OWWS