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HomeMy WebLinkAboutMIN 1996 0417 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California April 17, 1996 A Regular Meeting of the City Council of the City of Moorpark was held on April 17, 1996, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Pro Tem Wozniak called the meeting to order at 7 :16 p.m. 2. PLEDGE OF ALLEGIANCE: Mayor Lawrason led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Hunter, Perez, Wozniak and Mayor Lawrason Staff Present: Steven Kueny, City Manager; Cheryl Kane, City Attorney; Richard Hare, Deputy City Manager; Christine Adams, Director of Community Services; Ken Gilbert, Director of Public Works; Charles Abbott, City Engineer; Steven Hayes, Redevelopment /Economic Manager; Dirk Lovett, Assistant City Engineer; Paul Porter, Senior Planner; Lt. Marty Rouse, Sheriff's Department; Deborah Traffenstedt, Senior Planner; Baldemar Troche, Management Analyst; Lillian Hare, City Clerk; Dorothy Vandaveer, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Recognition of Moorpark Basketball Association. Mayor Lawrason presented a Certificate of Recognition to the Moorpark Basketball Association and commended Baldemar Troche for his service in coaching the team. B. Proclamation recognizing Hire a Veteran Week, May 5 -11, 1996. Mayor Lawrason indicated that this proclamation would be mailed as there was no representative present to accept the proclamation. C. Recognition of 40 Year Anniversary of Rotary Club and Bart Miller, as the senior Charter Member. Mayor Lawrason presented a Certificate of Recognition to 11MIQ Minutes of the City Council Moorpark, California Page 2 April 17, 1996 Linda Plaks, President of the Moorpark Rotary Club and honored Bart Miller as the Senior Charter Member of Rotary. D. Recognition of Chris Jiron, Deputy Probation Officer. Mayor Lawrason introduced Chris Jiron. E. Proclamation recognizing Builders Club Week, May 5 - 11, 1996. Mayor Lawrason presented a proclamation recognizing Builders Club Week to Andrea Tsakrios and Barbara Kronewitter as Faculty Advisors, and to Jihea Simmons and Elizabeth McDonald, Builders' Club Members. CERTIFICATION OF ELECTION AND SEATING OF NEW COUNCILMEMBER • • ! • ! - • ! - I V 0"I" - • ! ! ' •. • ! y .V R ! a FAM • • ! ! ! MOTION: Councilmember Perez moved and Councilmember seconded a motion to approve Resolution No. 96 -1196. The motion carried by voice vote 4 -0. G. City Clerk administers the Oath of Office to newly elected Councilmember Eloise Brown. Lillian Hare administered the oath of office to Eloise Brown. H. Seating of new Councilmember. Councilmember Eloise Brown took her place on the dais. AT THIS POINT IN THE MEETING a recess was declared. The time was 7 :40 p.m. After congratulations to Councilmember Brown during the recess, the full Council reconvened at 7:50 p.m. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: CONSENSUS: By consensus, the Council determined to reorder the agenda to hear 10.C. at the beginning of the Presentations /Action /Discussion items and to continue item Minutes of the City Council Moorpark, California Page 3 April 17, 1996 10.B. and 10.E. AT THIS POINT IN THE MEETING a recess was declared in order to convene the Redevelopment Agency. The time was 7:58 p.m. The Council reconvened into Open Session at 8:05 p.m. 6. PUBLIC COMMENT: Roy Talley, 306 McFadden Avenue, spoke regarding the proposed extension of Unidos Avenue. He said it is not feasible to extend the street. Steve Paredes, 844 Charles, addressed the Council regarding the proposed extension of Unidos Avenue. He said he is in the preapplication stage for a batting cage at 145 Park Lane and is opposed to the extension of Unidos Avenue. Monica M. Ramirez, 329 Esther Avenue, stated that the Moorpark Police Department acted inappropriately in responding to a recent incident at a private party disturbance in downtown Moorpark. AnnaBell Sessler, 6061 Gabbert Road, spoke as a member of Faith Lutheran Church. She spoke in opposition to the extension of Unidos Avenue. Natalie Ranft, 6515 -D Marquette Street, said the citizens present at the recent incident at a private party disturbance in downtown Moorpark were not treated fairly by the Moorpark police. Olivia B. Villa, 277 Roberts, said the recent incident at a private party disturbance in downtown Moorpark was provoked by the police officers' behavior. Willard Ramirez, 494 Raindance Street, Thousand Oaks, representing Faith Lutheran Church, said the study for the extension of Unidos Avenue should be delayed. He said he does not believe it is necessary. Lori Rutter, 11611 Pinedale Road, addressed the Council relative to the Hidden Creek Ranch project. She said when the project is completed it will not be an asset to Moorpark. She requested that the Council give the project careful consideration. Jim Nelesen, 6648 Bernal Street, Simi Valley, spoke as pastor of the Faith Lutheran Church. He urged the Council not to harm the church or the congregation by the proposed extension of Unidos Avenue. He requested that this item be given 1 -! 1 Minutes of the City Council Moorpark, California Page 4 April 17, 1996 careful consideration. 7. CONSENT CALENDAR: MOTION: Councilmember Hunter moved and Councilmember Perez seconded a motion to pull items 7.B. and 7.G. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of the Warrant Register. E. Manual Warrants 30190 -30197 $ 19,215.14 Regular Warrants 30201 -30307 $195,189.58 Voided Warrants 30023 & 30090 $ (200.00) Staff Recommendation: Approve the Warrant Register. Park. Staff Recommendation: Find that the subject Mitigated Negative Declaration and related Mitigation Monitoring Program fully meet the requirements of CEQA and are hereby approved. Grant D--• from Urban West Communities Ui Moorpark Investors, Ltd.) for Property Located on the East Side -QJ Tierra Relada Road North of the Entry to Arroyo Vista Community Park. Staff Recommendation: Approve Certificate of Acceptance for the subject Grant Deed. Staff Recommendation: 1) Accept the work as completed, subject to satisfactory completion of the maintenance period; 2) Instruct the City Clerk to file the Notice of Completion for the project; 3) Authorize the release of the retention upon satisfactory clearance of the thirty five (35) day lien period. (HCRP- Agreement and ProfPssional Services . - - 11 - Michael Brandman Associates (MBA) for the Preparation of an Environmental Impact Report and Provision of Related Services for the Specific Plan No. 8 Project. Staff Recommendation: Authorize the City Manager to sign the Minutes of the City Council Moorpark, California Page 5 April 17, 1996 Fourth Addendum for the Agreement for Preparation of an Environmental Impact Report and provision of related services for Specific Plan No. 8 project and related entitlements as requested by Hidden Creek Ranch Partners L.P. (HCRP), and the third addendum to the Professional Services Agreement with Michael Brandman Associates (MBA) and scope of work for preparation of an Environmental Impact Report and provision of related services for Specific Plan No. 8. The following items were pulled from the Consent Calendar for individual consideration: B. Consider Language for Plague for the Veterans' Memorial Grove at Poindexter Park. Staff Recommendation: Receive and file the report. Councilmember Brown requested that a Veterans' Association be allowed to give their input regarding this matter. She requested that it be continued to May 1. MOTION: Councilmember Brown moved and Councilmember Wozniak seconded a motion to approve continuance of this item to May 1, 1996. The motion carried by unanimous voice vote. G. Associates. Staff Recommendation: 1) Authorize preparation of a traffic study to determine the need for Unidos Avenue; 2) Appropriate $13,200 from Fund 21 ($12,000 plus 10 percent contingency); and 3) Authorize the City Manager to approve a Professional Services Agreement with Austin -Foust Associates. Councilmember Perez indicated he would not participate in this discussion due to the appearance of a possible conflict of interest. Councilmember Wozniak indicated that he opposed the preparation of a traffic study. 1ltl Minutes of the City Council Moorpark, California Page 6 April 17, 1996 Councilmember Hunter indicated his opposition to a traffic study. He does not see any need for the extension of Unidos Avenue. Mr. Kueny suggested that Council might want to direct that this item be brought back so that other related issues could be dispensed with. He said he was referring to the issue brought forward by Colin Velasquez about returning some of the property to him. He said the City Engineer should make a recommendation regarding the width of the street that would remain. MOTION: Councilmember Hunter moved and Councilmember Brown seconded a motion to agendize this matter for the May 1, 1996 City Council meeting to reverse the decision on the 1985 circulation study and to study related issues and to state a Council Policy that the concept of an extension of Unidos Avenue be abandoned. The motion carried by voice vote 4 -0, Councilmember Perez absent for the vote. 8. PUBLIC HEARINGS: A. No. 94 -1. Staff Recommendation: (PUBLIC HEARING IS CLOSED) NEW STAFF RECOKaNDATION: 1) Approve Resolution No. 96- approving the Addendum to the Final Environmental Impact Report, the Mitigation Monitoring Program, EIR Findings, Statement of Overriding Considerations, General Plan Amendment, Vesting Tentative Map, RPD Permit, and CUP; 2) Approve Ordinance No. amending the zoning for the project site, introduce the ordinance for first reading, and waive full reading. (Continued item) CONSENSUS: By consensus the Council determined to reorder the agenda to take item 8.B. prior to item 8.A. B. Consider Ordinance No.215 Of the City of Moorpark. California Approving Development Agreement 95 -1 Between the City and Bollinger Development Corporation. Staff Recommendation: Approve Ordinance No. 215 for first reading. (PUBLIC HEARING IS OPEN) (Continued item) Mr. Kueny gave the staff report. !1 Minutes of the City Council Moorpark, California Page 7 April 17, 1996 He indicated the following changes to the Development Agreement: 1. Section 6 (j) on page 7 to be changed to read "within 30 days of execution ..." 2. Section 7 (h) (I) on page 9 to be changed to read "upon effective date of this agreement, City shall allow the following ..." 3. Exhibit C, page 28 Section 1.1 C. to be revised to read "... to secure a loan that is obtained by trustor ..." 4. Escrow instructions to be added as Exhibit D. Mr. Kueny indicated that subdivision bonds would not be received until after recordation of the map. He said they would actually be provided into escrow. In response to Councilmember Wozniak's question, Ms. Kane responded that a lender would not put themselves in third place to issue the bonds. Ms. Kane explained that Mr. Bollinger had signed a waiver of right to judicial review in which he has agreed that the City has the right to rezone the property to return the property to it's current planning and zoning designation if the Development Agreement does not become effective within a reasonable time. Councilmember Brown indicated for the record that she has been present at all the Bollinger Public Hearings and will participate on this matter. Paul Bollinger, 2820 Townsgate, Westlake Village, addressed the Council and apologized for any misunderstanding during the process. Kenneth Blye, 2049 Century Park, East Los Angeles, attorney for Paul Bollinger, addressed the Council and indicated that the bonds would be deposited into the escrow account and that copies would be provided to the City. He thanked Mr. Kueny and Ms. Kane for their assistance in this matter. For the record, Ms. Kane indicated that the agreement has been executed by Mr. Bollinger this evening. 1 A. Deewayne Jones, 1055 Marine View, spoke in favor of the Bollinger project. QM007 Minutes of the City Council Moorpark, California Page 8 April 17, 1996 John F. Kerkhoff, 5636 LaCumbre Road, Somis, expressed concern about what is going to happen to the open space in Ventura County if projects like the proposed Bollinger project are approved. Barbara Kerkhoff, 5636 La Cumbre Road, Somis, expressed concern regarding this project and fears that building within Ventura County will get out of control. Ray Lahr, 18254 Coastline the 35 original investor favor of the project. Thomas Duck, 14663 Loyola courses may be a cause of and Los Posas aquifers. Drive, Malibu, spoke as one of s in the project. He spoke in Street, said the proposed golf pollution to the Grimes Canyon Harvey Plaks, 4957 Mira Sol Drive, spoke in favor of the project. He commended City staff for their efforts in dealing with this project. Mayor Lawrason closed the Public Hearing. AT THIS POINT IN THE MEETING a recess was declared. The time was 9:20 p.m. The Council reconvened at 9:33 p.m. CONSENSUS: By consensus, the Council tabled Items 8.A. and 8.B. until later in the evening. 9. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Lawrason indicated there would be a free landfill day on Sunday, April 21st from 10 :00 a.m. until 3:00 p.m. at the Simi Valley Landfill. He also said the next Town Hall Meeting would be held Saturday, April 20, 1996 at 9:00 a.m. at the Community Center. He said there will be a special joint meeting of the City Council and Planning Commission at approximately 9:30 a.m. on April 20, 1996 to tour Specific Plan No. 2 property (Morrison - Fountainwood- Agoura). 10. PRESENTATIONS /ACTION /DISCUSSION: C. Consider Review of Gate Hours for Home Acres Buffer Zone. Staff Recommendation: Direct staff as deemed appropriate. Mr. Kueny left the meeting. Chris Adams gave the staff report. OW008 Minutes of the City Council Moorpark, California Page 9 April 17, 1996 Ed Sherman, 11103 Terrace Ridge Road, spoke in opposition to the gate being left open any later than 9:00 p.m. He said he believes the residents of Home Acres should bear the cost of paying for the locking and unlocking of the gate. James Smith, 11111 Terrace Ridge expressed concern about the animosity that has developed between the Home Acres residents and the residents of the Belmont homes. He said allowing 24 hour access seems unnecessary and he does not want to bear the cost of locking and unlocking the gate. Mark Avetissian, 3955 Sunset Ridge Road, said the gate does not have to be open 24 hours a day. Tom Vachet, 11104 Terrace Ridge Road, spoke as the Mountain Meadows representative to the Joint Powers Authority in Mountain Meadows. He said 24 hour access is not acceptable, nor is taxation. He said dawn to dusk operating hours are still desirable. Cathy Carter, 11110 Shady Ridge, said she does not want the gate open 24 hours a day. Karl Coombs, 11391 Timberridge Road, spoke as president of the Belmont Homeowners' Association. He said his Association concurs that the members don't want to be taxed for extended hours and they would like the hours of access to remain from dawn to dusk. Fred Givant, 11213 Shadyridge Drive, said he does not want the gate open 24 hours. He said he favors the dawn to dusk hours of access. Bill LaPerch, 7200 Walnut Canyon Road, addressed the Council on behalf of a family friend who lives in the Belmont tract. He said they want to return to the dawn to dusk time of access. Gerhard Kornberger, 11173 Shadyridge, said he wanted the gate open from dawn to dusk. He said he was told by the developer when he purchased his home that the gate would be open from dawn to dusk and he wants it to be enforced. Kevin Bradley, 11177 Terrace Ridge Road, said the 24 hour gate access to the buffer zone is not acceptable. Paul Andrews, 11117 Shadyridge Drive, stated that he does' not want 24 hour access to the buffer zone. He said 1 -1 Minutes of the City Council Moorpark, California Page 10 April 17, 1996 crime is his primary concern. Ron Tondreau, 11249 Shadyridge Drive, addressed the Council stating that he is concerned about crime if 24 hour access is allowed. He said his preferred hours would be 7 :00 a.m. to dusk. Brian Leibl, 11269 Shadyridge drive, said he concurs with the other speakers that 24 hour access is not acceptable. Robert J. Rayburn, 11257 Shadyridge, said he concurs that 24 hour gate access is not an acceptable option. Peggy Maxwell, 11192 Terrace Ridge Road, said she does not want 24 hour access through the buffer zone. Lisa Houston, 11161 Shadyridge Drive, spoke in opposition to the 24 hour access. She said if there is to be a change, the people requesting it should pay for the costs. Joey Dinapoli, 12549 Misty Grove, said the gate should remain open later in the evening than dusk. Danny Moore, 10789 Hill Drive, said he lives part -time with his father in Home Acres and part -time with his mother in Mountain Meadows. He requested that the gate be kept open later in the evening. Greg Kuhn, 10789 Hill Drive, said he wants the gate to remain open later at night. Don Moore, 10789 Hill Drive, spoke as a Home Acres resident. He said he is a bicyclist and uses the gate past dusk. He said a reason to leave the gate open 24 hours is to reduce the cost of opening and closing it. He said it needs to remain open long past dusk. Stephen Lazar, 11212 Terrace Ridge Road, said he would like to see it open longer than dawn to dusk, but is not in favor of it being open 24 hours either. Chris Parsons, 3953 Hitch Blvd, spoke as a long time Home Acres resident. She said she agrees that 24 hour access is not necessary, but said the hours of 6:00 a.m. - 9:00 p.m. would be acceptable. Brenda K. Heinrich, 4295 Hitch Blvd, said open gate hours of dusk to 9 :00 p.m. would be acceptable. (MU1.0 Minutes of the City Council Moorpark, California Page 11 April 17, 1996 Lora Harney, 3811 Hitch Blvd, said the 24 hour access is only because of the cost to open and close the gate by City staff. She believes that 6:00 a.m. until 10:00 p.m. is acceptable. She said the dawn to dusk hours do not accommodate her schedule. Augustine Godinez, 10717 Citrus Drive, said he has friends that live in Mountain Meadows. He said the 6:00 a.m. until 9:00 p.m. hours are good. Kathleen Winters, 3975 Hitch Blvd, spoke as a resident of Home Acres. She said the 6:00 a.m. until 9:00 p.m. hours accommodate her schedule. She does not want to have 24 hour access. Gina Gables, 10962 Citrus Drive, spoke as a resident of Home Acres. She said the gate should remain open 24 hours a day. Paula Chung, Citrus Drive, spoke as a resident of Home Acres. She said the 6:00 a.m. until 9:00 p.m. hours are the most reasonable. In response to Councilmember Perez, Lt. Rouse indicated that open space does not fall under the City's park ordinance and therefore the hours during which someone may walk through the buffer zone are not restricted. Mayor Lawrason indicated that he believed the hours need to be retained at 6 :00 a.m. to 9:00 p.m. He said those hours are workable. Councilmember Hunter indicated he could not support an assessment for increased hours. He also said he has not been presented with a compelling argument to expand the hours. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to direct that the gates be open from 6:00 a.m. to 10:00 p.m. The motion carried by roll call vote 4 -1, Councilmember Hunter dissenting. WOUILI. Minutes of the City Council Moorpark, California Page 12 April 17, 1996 MOTION: Councilmember Wozniak moved that during the budget process the Home Acres residents be assessed for the additional costs to keep the gate open; the hours to be reverted back to from dawn to dusk if the assessment failed. THE MOTION DIES FOR LACK OF A SECOND. MOTION: Councilmember Wozniak moved and Councilmember Brown seconded a motion to direct staff to draft an ordinance giving the Police Department the authority to cite in the buffer zone area as is currently done in the parks. The motion carried by unanimous voice vote. AT THIS POINT IN THE MEETING the Council reordered the agenda as follows: A. 8.A., 8.B. and item 10.A. to be considered; 10.B. and 10.D. and 10.E. to be continued, 10.F. and 10.G. to be addressed. No. 94 -1. Staff Recommendation: (PUBLIC HEARING IS CLOSED) NEW STAFF RECOMMENDATION: 1) Approve Resolution No. 96 -1197, approving the Addendum to the Final Environmental Impact Report, the Mitigation Monitoring Program, EIR Findings, Statement of Overriding Considerations, General Plan Amendment, Vesting Tentative Map, RPD Permit, and CUP; 2) Approve Ordinance No. 214 amending the zoning for the project site, introduce the ordinance for first reading, and waive full reading. (Continued item) Ms. Traffenstedt gave the staff report. She indicated for the record that reference to sheets of the Vesting Tentative Tract will be deleted. She said the map dated March 26, 1996 was the last version provided to the Council and has been revised by the conditions of approval. She said, therefore, condition No. 1 for all three entitlements would be revised. She said reference would be made and inserted for three exhibits: a phasing plan, a street plan and Walnut Canyon Road and Grimes Canyon Road improvement plan. She said all other references to Vesting Tentative Map sheets would need to be revised. She said that the 200' foot easement required along the northerly boundary could reduce the number of residential lots, therefore the resolution (OX)01.2 Minutes of the City Council Moorpark, California Page 13 April 17, 1996 includes language that the approval of the Vesting Tentative Map is for a maximum of 216 buildable residential lots with a minimum lot size of 10,400 square feet. Mr. Bollinger indicates his agreement to all conditions and to the Developer Agreement and indicated that he would sign the Waiver of Right to Judicial Review. Councilmember Perez indicated his disappointment with the lack of affordable housing in this project. He indicated otherwise he was comfortable with this project. Mayor Lawrason complimented staff on their handling of the project and said the project has been approved with what he feels is a good compromise. Councilmember Hunter expressed his concern that he does not know whether the applicant can complete the project. He said he likes the project but wonders if it ever will be built. He said he was concerned with the number of vehicle trips that the project will generate. Councilmember Brown said she agreed with the risk outlined by Councilmember Hunter but she thinks some of the traffic concerns can be mitigated. She said she believes this is a project the City needs to try. Councilmember Wozniak said he shares many of the concerns of the other Councilmembers regarding the project and the amount of grading that will be done. He said he is concerned with the air quality impacts. He said he has concerns he cannot overlook. For the record, Councilmember Brown again stated that she attended all the hearings but March 20th and March 27th but that the item was continued at both of those meetings. MOTION: Councilmember Perez moved and Mayor Lawrason seconded a motion to adopt Resolution No. 96 -1197, approving the addendum to the final Environmental Impact Report, the Mitigation Monitoring Program, the EIR findings, Statements of Overriding Considerations, General Plan Amendment, Vesting Tentative Map, RPD Permit, and CUP. The motion carried by roll call vote 3 -2, Councilmembers Hunter and Wozniak dissenting. Ms. Kane read the Ordinance title. Minutes of the City Council Moorpark, California Page 14 April 17, 1996 MOTION: Councilmember Perez moved and Mayor Lawrason seconded a motion to waive further reading and declare Ordinance No. 216 read for the first time. The motion carried by voice vote 4 -1, Councilmember Hunter dissenting. MOTION: Councilmember Perez moved and Mayor Lawrason seconded a motion to declare Ordinance No. 216 introduced as read. The motion carried by voice vote 3 -2, Councilmembers Hunter and Wozniak dissenting. B. Consider Ordinance No. 215 of the City of Moorpark. California Approving Development Agreement 95 -1 Between the City and Bollinger Development Corporation. Staff Recommendation: Approve Ordinance No. 215 for first reading. (PUBLIC HEARING IS OPEN) (Continued item) Ms. Kane read the change in the title from Corporation to Incorporated in the first recital of the Development Agreement. Ms. Kane read the Ordinance title. MOTION: Councilmember Perez moved and Mayor Lawrason seconded a motion to waive further reading and declare Ordinance No. 215 read for the first time. The motion carried by unanimous voice vote. MOTION: Councilmember Perez moved and Mayor Lawrason seconded a motion to declare Ordinance No. 215 introduced as read. The motion carried by voice vote 4 -1, Councilmember Hunter dissenting. CONSENSUS: By consensus the Council determined to continue this item to May 1, 1996. 10. B. Mission Bell - Phase 2 (Assessor's Parcel No. 511- 08 -42). NEW STAFF RECOIMENDATION: 1) Direct staff to accept a General Plan Amendment to change of Land Use Designation from M to C -2; 2) Make a determination about processing of a Tentative Parcel Map and Commercial Planned Development Permit concurrently with the proposed General Plan Amendment and Zone Change. (Continued item) Dee Wayne Jones, 1055 Marine View, stated that he will be meeting with neighbors in the area of his project soon Minutes of the City Council Moorpark, California Page 15 April 17, 1996 and that he has modified his plans to keep his project to three stories. Barbara Shultz, 3072 Darlington Drive, Thousand Oaks, spoke in opposition to the project. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to accept the General Plan Amendment application only. The motion carried by unanimous voice vote. CONSENSUS: By consensus the Council determined to defer action on concurrent processing. D. 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, This item was continued. F. Consider Council Committee and Agency Assignments. Staff Recommendation: Direct staff as deemed appropriate. Mayor Lawrason presented the following recommendations: Budget & Finance Committee - Lawrason and Wozniak with Perez as alternate. Public Works Facilities & Solid Waste - Hunter and Wozniak. Community Development Committee - Lawrason and Perez with Wozniak as alternate. Transportation & Streets Committee - Brown and Hunter Economic Development /Affordable Housing Committee - Brown and Perez with Lawrason as alternate. Ad Hoc Committees /Sale /Lease of Agency Owned Property - Lawrason and Perez Ventura County Animal Regulation Commission - Brown CONSENSUS: By consensus the Council determined to revise the Committee assignments as indicated above. 10. G. Consider Policy Regarding Flag Etiquette. Staff Recommendation: Adopt the flag etiquette policy as OW015 Minutes of the City Council Moorpark, California Page 16 April 17, 1996 outlined in the staff report and direct that the policy be added to the list of Council Policies; authorize the City Manager or his designee to determine at what location(s) flags are to be flown 24 hours and for ceremonial purposes. MOTION: Councilmember Brown moved and Councilmember Wozniak seconded a motion to approve the staff recommendation to adopt the flag etiquette policy as outlined in the staff report and to direct that the policy be added to the list of Council Policies; to authorize the City Manager or his designee to determine at what location(s) flags are to be flown 24 hours and for ceremonial purposes. The motion carried by unanimous voice vote. 11. ORDINANCES: None. 12. CLOSED SESSION: MOTION: Councilmember Hunter moved and Councilmember Perez seconded a motion to adjourn to Closed Session for a discussion of all items listed: 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 (J(Xiolfi Minutes of the City Council Moorpark, California Page 17 April 17, 1996 F. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (pursuant to Government Code Section 54957 Title: City Manager, Deputy City Manager, Director of Community Services, Public Works Director, City Clerk, Chief of Police, City Engineer, and City Attorney The motion carried by unanimous voice vote. The time was 12:50 a.m. AT THIS POINT IN THE MEETING a recess was declared. The Council reconvened into Closed Session at 12:52 a.m. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney. The Council adjourned into Open Session at 1:15 a.m. Mr. Kueny stated there was no action to report and only item 12.E. was discussed. 13. ADJOURNMENT: Mayor Lawrason adjourned the meeting at 1:15 a.m. ou-4, '-- $ Paul W. La ason Jr., ayor ATTEST: O( AA7