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HomeMy WebLinkAboutMIN 1996 0605 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California June 5, 1996 A Regular Meeting of the City Council of the City of Moorpark was held on June 5, 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 7:15 p.m. 2. PLEDGE OF ALLEGIANCE: Councilmember Wozniak led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Brown, Hunter, Perez, Wozniak and Mayor Lawrason Staff Present: Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Ken Gilbert, Director of Public Works; Mary Lindley, Assistant to the City Manager; Deborah Traffenstedt, Senior Planner; Cheryl Kane, City Attorney; Steve Hayes, Economic Development/ Redevelopment Manager; Lieutenant Marty Rouse, Sheriff's Department; Charles Abbott, City Engineer; Dirk Lovett, Assistant City Engineer; John Whitman, Traffic Engineer; Christine Adams, Director of Community Services; Don Reynolds, Administrative Services Manager; Lillian E. Hare, City Clerk; and Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS AND COMMENDATIONS: None. AT THIS POINT in the meeting, the City Council recessed to convene the Redevelopment Agency. The time was 7:17 p.m. The Council reconvened at 7 :19 p.m. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: MOTION: Councilmember Wozniak moved and Mayor Lawrason seconded a motion to pull item 7.C. and consider it immediately after the Consent Calendar and before the Public Hearing portion of the agenda. The motion carried by — unanimous voice vote. Minutes of the City Council Moorpark, California Page 2 June 5, 1996 MOTION: Councilmember Brown moved and Councilmember Hunter seconded a motion to consider Item 10.G. as the first Presentations /Action /Discussion item. The motion carried by unanimous voice vote. 6. PUBLIC COMMENT: Jesse Enge, 13102 Westport, expressed concern that the City may be using the roller hockey rinks for basketball. He said this would cause a conflict if basketball players want to play at the same time as the roller hockey players. He presented a petition to the Councilmembers in support of not using the rink for basketball. 7. CONSENT CALENDAR: Mrs. Hare requested that the Minutes of the Regular City Council Meeting of May 15, 1996 be pulled from the Consent Calendar to consider a revision on page 7 to Item K. to change the paragraph that reads: " Councilmember Brown indicated she was uncomfortable with holding an "unsecured" promissory note." to read as follows: " Councilmember Brown indicated she was uncomfortable with holding an unsecured promissory note." MOTION: Councilmember Wozniak moved and Councilmember Hunter seconded a motion to approve the Consent Calendar with the recommended change to the Minutes of the Regular City Council Meeting of May 15, 1996, and with the removal of Item 7.C. for individual consideration. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of the Regular City Council Meeting of April 17, 1996. Consider Approval of Minutes of the Regular City Council Meeting of May 1, 1996. Consider Approval of Minutes of the Special City Council Meeting of May 8, 1996. Consider Approval of Minutes of the Special City Council Minutes of the City Council Moorpark, California Page 3 Meeting of May 9, 1996. June 5, 1996 Staff Recommendation: Approve the minutes as processed. B. Consider Approval of Warrant Register. Manual Warrants Voided Warrants 30552 - 30557 30698 - 30699 30419, 30435 $ 4,603.80 $ (400.00) Regular Warrants 30558 - 30697 $171,297.88 Staff Recommendation: Approve the Warrant Register. D. Consider Bids for the Widening of Moorpark Avenue to Facilitate Right Turn Traffic from Moorpark Avenue to Poindexter Avenue. Staff Recommendation: 1) Award a contract to J &H Engineering in the amount of $19,909.25 for the construction of the project; 2) Approve a contingency in the amount of ten percent (10 %) of the bid and authorize the City Manager to approve additional work, if required, for an amount not to exceed said amount; 3) Authorize the City Manager to sign necessary contract documents. E. Consider Closure of City Hall on July 5, 1996 in Conjunction with July 4th Holiday. Staff Recommendation: Close City Hall on July 5, 1996, in conjunction with the July 4th holiday and allow staff to use available leave on that day or take leave without pay. F. Consider Amicus for Nunez v. City of San Diego (Curfew Ordinance Enforcement). Staff Recommendation: Join the amicus. G. Consider Exoneration of Grading Bond for 6100 Condor Drive (Aquaria) . Staff Recommendation: 1) Accept the grading and drainage improvements for the improvement located at 6100 Condor Drive as complete, and; 2) Authorize the City Clerk to release the aforementioned Letter of Credit. H. Consider Support for Senate Bill 1998 Withdrawal from County Library Systems. Staff Recommendation: That the Council express its support for SB 1998, and direct the Minutes of the City Council Moorpark, California Page 4 June 5, 1996 I. Mayor to send a letter to the appropriate legislative committee communicating the City's support. Consider Ratification of Ventura County Area Agency on Aging Area Alternative Representative. Staff Recommendation: Ratify the election results from May 29, 1996 local senior citizen election. C. Consider Resolution No. 96 -1202 Approving Minor Modification No. 1 to Major Modification No. 1 to CPD 90- 2 on the Application of American Stores Properties, Inc. Staff Recommendation: Approve Resolution No. 96- Councilmember Hunter stated that in order to avoid any perception of a financial conflict of interest, he will not participate in any discussion or voting while the Council is considering this item. Mr. Hare gave the staff report. Mr. Kueny was absent for discussion of this item. In response to Mayor Lawrason, Mr. Hare indicated that it is staff's interpretation that the Council conditioned this proposed project with no drive through window allowed. June Dubreuil, 4236 Laurel Glen, spoke in opposition to the drive through window. She said it needs to be very clear that the parcel was conditioned with no drive through approved. She requested that the Council deny the applicant's request for a drive through window at the proposed pharmacy. Bob Thompson, 4303 Cedardale Road, spoke in opposition to the drive through window. Elizabeth Otto, 4261 Heatherdale Court, spoke in opposition to any drive through in the development. Bernie Morrissey, 11699 Sagewood, spoke in opposition to the drive through window. Dorian Fortney, 2345 E. Thomas Road #330, Phoenix, Arizona, addressed the Council representing the applicant. He clarified that American Stores is not E- Minutes of the City Council Moorpark, California Page 5 June 5, 1996 asking for a drive through for fast food restaurants. He said he is asking for consideration for the single drive through for the pharmacy. He said their request is for specific consideration for each pad as it is developed. He said he was not under the impression that the Council intended that there be no drive throughs in the shopping center. In response to Councilmember Brown, Mr. Fortney said the location of the drive through window was thought to be the safest and most locatable side of the center. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to deny the applicant's request for the construction of a drive through window at the proposed pharmacy. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. MOTION: Councilmember Brown moved and Mayor Lawrason seconded a motion to approve Resolution No. 96 -1202 as amended to delete No. 2 of Section 2 of the draft resolution. The motion carried by 3 -1 voice vote, Councilmember Perez dissenting and Councilmember Hunter absent for the vote. PUBLIC HEARINGS: A. Consider Making Certain Changes to (AD84 -2) Assessment District for Lighting and Landscape and Confirming the Assessments for Fiscal Year 1996/97. Staff Recommendation: 1) Open the public hearing, receive testimony and close the public hearing; 2) Make a determination regarding the scope of improvements to be accepted by the City and maintained by the Zone 10 assessment; 3) Direct staff to fund anticipated costs related to the locking and unlocking of gates at the Home Acres Buffer from the Zone 8 maintenance assessment and to carry over any year end deficit to the FY 1997/98 Zone 8 maintenance assessment; 4) Continue all other matters to the date of the Budget Workshops; (Subsequent to the budget workshop meetings, but no later than June 30, 1996, staff recommends that the City Council adopt Resolution No. 96- making certain changes to AD 84 -2 and confirming the assessments for Fiscal Year 1996/97. Councilmember Hunter and Mr. Kueny rejoined the meeting. Minutes of the City Council Moorpark, California Page 6 June 5, 1996 Ken Gilbert gave the staff report. He said action on this item can be deferred until FY 96/97 budget adoption. He continued by explaining that when the year end expenditures for this assessment district were estimated in April, a certain year end balance was estimated that provided a surplus that was carried over to reduce the assessment. He explained that the revenues have not been realized to date and those revenues are significantly lower. He suggested that the amounts of capital improvements be reduced to $40,000 until this issue is resolved and once the year end balance is known, staff will come back to Council in September with a follow up report and identify what monies are available for those projects. He said this could be directed by minute action of the Council. Mayor Lawrason opened the public hearing. Keith Milhouse, 12417 Willow Grove Court, addressed the Council as a member of the Board of Directors of Mountain Meadows Master Association. He said the cost estimates -- for the proposed transfer of landscape maintenance are changing frequently. He said the Master Association will have a better determination on which to make a decision after their meeting on June 19th. He said any decision the Council might make this evening would be premature, without all the information needed. He explained that there are two scenarios as he views it; one is that the property in question owned by the Master Association would be deeded to the City along with the maintenance responsibilities that accompany it; the second scenario is that the Master Association would retain ownership of the property and would assume landscape maintenance responsibility for it and not assign that responsibility to the City. In response to Councilmember Perez, Mr. Gilbert said the capital project that is mentioned on the north side of Poindexter is located from Gabbert Road to Chaparral Middle School, including property both in the street right -of -way and the railroad right -of -way. MOTION: Councilmember Brown moved and Councilmember Hunter seconded a motion to continue this item to a Special City Council meeting to be held June 12, and to approve further continuance to the Regular City Council meeting of June 19, 1 Minutes of the City Council Moorpark, California Page 7 June 5, 1996 with the public hearing to remain open. The motion carried by unanimous voice vote. B. Consider Making Certain Changes to (AD 85 -1) Assessment District for Parks Maintenance and Confirming the Assessments for Fiscal Year 1996/97. Staff Recommendation: Open the public hearing, receive testimony and continue these matters to the date of the Budget Workshops. (Note: Subsequent to the budget workshop meetings, but no later than June 30, 1996, staff recommends that the City Council take the following actions: a) determine the source and amount, if any, or a budget transfer to reduce the total amount of the assessments; b) in the event of such budget transfer, reduce the amount of the total assessment for FY 1996/97, as required; and c) Adopt Resolution No. 96- making certain changes to AD 85 -1 and confirming the assessments for Fiscal Year 1996/97. Mr. Gilbert gave the staff report. Mayor Lawrason opened the public hearing. MOTION: Councilmember Brown moved and Councilmember Hunter seconded a motion to continue this item to a Special City Council Meeting of June 12, 1996 and for the public hearing to remain open. The motion carried by unanimous voice vote. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Lawrason read an announcement relative to the scheduled tour of the proposed project site for Special Devices, Inc. for June 17, 1996 at 6:15 p.m. Mayor Lawrason read a second announcement relative to the Town Hall Meeting that is scheduled for June 22, 1996 at 9:00 a.m. at the Community Center. Councilmember Brown requested a future agenda item to address filling a Councilmember's seat on the Council when that individual has been elected to the mayoral position from an unexpired City Council seat; the preference being given to filling it with a candidate from the same election with the next highest number of votes. She requested that this item be placed on the next agenda or in time to have it placed on the November ballot. Minutes of the City Council Moorpark, California Page 8 June 5, 1996 AT THIS POINT in the meeting, the Council took a recess. The time was 8:39 p.m. The Council reconvened at 8:54 p.m. MOTION: Mayor Lawrason moved and Councilmember Brown seconded a motion to reconsider the Council action on Item 7.C. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. Mr. Hare requested that the Council modify their previous action to adopt Resolution No. 96 -1202 with the following modification: To delete No. 2 of Section 2 and to revise No. 3 of Section 2. MOTION: Mayor Lawrason moved and Councilmember Brown seconded a motion to approve staff's recommendation as stated above. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. Councilmember Hunter rejoined the meeting. 10. PRESENTATIONS /ACTION /DISCUSSION: G. Consider Day Laborer Options. Staff Recommendation: Approve the establishment of a job center and direct staff to report back to the Council with the following: 1) a site recommendation; 2) the feasibility of contracting the operations of the job center with an outside agency; 3) a start -up and annual budget; and 4) a funding source(s). Mary Lindley gave the staff report. Councilmember Perez stated that he had submitted a proposal for Council consideration, but due to economic constraints in implementing the plan, he has withdrawn his proposal. In response to Councilmember Wozniak, Ms. Lindley stated that a meeting of City staff directly involving the day laborers has not taken place, but that City staff did meet with representatives of the day laborers and brought forward various options based on that meeting. Kristin Deike, 2405 Ridge View Court, Simi Valley, spoke Minutes of the City Council Moorpark, California Page 9 June 5, 1996 as an Adult Education teacher of English as a Second Language and U.S. Citizenship classes. She stated some suggestions from her students that might help improve the situation are 1) provide a port -a- potty; 2) post rules and regulations; and 3)form a job agency. Pete Peters, 7155 Walnut Canyon Road, said the City needs to adopt an ordinance to prevent certain unacceptable behavior in public places. He indicated that the businesses on High Street need to be supported and the day laborers need to be moved. Joan Martinez, 197 E. High Street, spoke as co -owner of The Cactus Patch restaurant. She requested that the day laborers be moved to an area that is not visible to those who come to shop on High Street. Shelly Schlegel, (no address given), spoke as an employee of The Cactus Patch Restaurant. She said she is concerned that the restaurant will lose patrons if the day laborers are relocated to another High Street location near the restaurant. Debbie Rodgers Teasley, 12992 E. Mesa Verde, suggested that a system be created where the employer and employee both contribute and a leader in the day laborer group is found to start a business. Margaret Kirkbride, 327 Susan, spoke as a long time resident. She said she does not believe any money should be spent on relocating the day laborers. Victoria Perez, 4237 Canario Court, said her sentiments are with the day laborers and the laborers should be treated with respect. Sylvia Whitaker, 461 Cornett, spoke against relocating the day laborers to another location on High Street. Ken James, 150 E. Los Angeles Avenue #415, said he opposes spending taxpayer money to assist in the relocation of the day laborers. Joe Ahearn, 484 E. Los Angeles Avenue, Suite 214, said there is more of an appearance of a problem than there is a real problem on High Street. Minutes of the City Council Moorpark, California Page 10 June 5, 1996 Donald Shively, 820 Hedyland Court, said the job center is not a good idea because it will create a magnet to draw workers from other areas. Ramon Rodriguez, 6416 Duke, said he was addressing the Council on behalf of the day laborers present at the meeting. He requested the City's support to relocate the workers to a site that will not negatively influence the businesses. The following persons were present at the meeting, but chose to be represented by Mr. Rodriguez rather than speak. Julio Robles, 379 Roberts. Servano Lopez, 468 Roberts. Antonio Navarro, 463 Roberts. Domitilo Fernandez, 463 Roberts Avenue. Arturo Estrada, 141 Everett. Eriquez Valdez, 463 Roberts. Roman Ruiz, 303 Sherman. Mario Barozo, 306 Dorothy. Ramon Delgado, 379 Dorothy. Antonio Lopez, 150 Majestic #404. Erasmo Gomez, 355 Sherman. Agustin Orozco, 151 Everett. Jose Hernandez, 141 Everett Street. Gerald Goldstein, 11932 Los Angeles Avenue, suggested the corner of Spring and Flinn Roads as a location for the day laborers to gather while looking for work. Kathee Amador, 493 E. High Street, spoke as a business owner in the City. She said that she has been told by the local Congressional representative's office that City officials want to deal with the situation themselves and do not want assistance from the Federal Government. In response to Ms. Amador, Councilmember Perez said he had indicated in the past to Mr. Gallegly's office that if anyone wants to call the Immigration and Naturalization Service based on the fact that these men are on the corner, then he objected to that being the only reason. He said he objects to anyone coming to the conclusion that these men are in the country illegally based on the color of their skin. Minutes of the City Council Moorpark, California Page 11 June 5, 1996 Mayor Lawrason said this is not an easy situation to remedy. He said the property owners have rights as well as the day laborers and the Council needs to consider that. Councilmember Brown said she has talked to a private contractor who wants to provide assistance, but the contractor said he couldn't help the City because a lot of the men do not understand English and that is a requirement for safety on the job. Councilmember Wozniak said he cannot support spending money on this project. He suggested that a Council committee be formed to study the possibilities and bring a report back to the full Council in 90 days. Councilmember Hunter stated that he can support the idea of forming a committee to look at the alternatives. He continued by stating that 1) he would expect the assistance of any agency available to help solve the situation; 2) he will not support a city sanctioned job center site either on City or Redevelopment Agency property because of liability concerns; 3) a job center to team employees/ employers must be financially self sufficient because he will not support the use of taxpayer dollars for this. Councilmember Brown commented that any proposal will be reviewed by the City's Risk Manager. She said an appropriation may be needed to resolve a problem in the City. She said this situation has to be met with some funding and that she would support adopting the City of Agoura Hills' ordinance. Minutes of the City Council Moorpark, California Page 12 June 5, 1996 In response to Council question, Ms. Kane said she has reviewed the Agoura Hills ordinance. She stated that when an ordinance has been litigated and upheld it is advisable to adopt that ordinance verbatim. She said that is her recommendation. MOTION: Mayor Lawrason moved and Councilmember Brown seconded a motion to direct the City Attorney to use the City of Agoura Hills' ordinance as a model to draft a similar ordinance for the City. The motion carried by unanimous roll call vote. MOTION: Mayor Lawrason moved and Councilmember Hunter seconded a motion to appoint Councilmember Brown and Councilmember Perez to a subcommittee to take the direction received tonight and bring back their recommendations to the full Council in 90 days. The motion carried by unanimous roll call vote. AT THIS POINT in the meeting, the Council took a recess. The time was 10 :40 p.m. The Council reconvened at 10:50 p.m. Councilmember Perez left during the break. CONSENSUS: By consensus, the Council reordered the agenda to consider Item 10.H. last. B. Consider City Appointment to the Air Pollution Control District Advisory Committee. MOTION: Mayor Lawrason moved and Councilmember Wozniak seconded a motion to appoint Gregg Cutler as the City's appointee to the Air Pollution Control District Advisory Committee. The motion carried by voice vote 4 -0, Councilmember Perez absent for the vote. C. Consider Minor Adjustments to the 1996/97 Community Development Block Grant Appropriations. Staff Recommendation: That the City Council make minor adjustments to the 1996/97 CDBG allocations made on March 27, 1996 as follows: 1) Reduce public services by $6,927 as follows: Senior Nutrition from $12,000 to $9,000; Catholic Charities from $8,000 to $6,000; Adult Literacy from $4,800 to $3,600; Legal Service from $2,227 to $2,000; and 2) Reduce City projects by $33,667 by amending the allocation for improvements to the Senior Center from $137,963 to $104,296. Minutes of the City Council Moorpark, California Page 13 Mr. Reynolds gave the staff report. June 5, 1996 MOTION: Mayor Lawrason moved and Councilmember Brown seconded a motion to approve the staff recommendation to make the following minor adjustments to the 1996/97 CDBG allocations made on March 20, 1996: Reduce public services by $6,927 as follows: Senior Nutrition from $12,000 to $9,000 Catholic Charities from $8,000 to $6,000 Adult Literacy from $4,800 to $3,600 Legal Service from $2,227 to $2,000 Interface Child Health Care from $2,500 to $2,000: Reduce City Projects by $33,667 by amending the allocation for improvements to the Senior Center from $137,963 to $104,296. The motion carried by voice vote 4 -0, Councilmember Perez absent for the vote. D. Consider Authorization to Advertise for Receipt of Bids for the Construction of Street Along the West Side of Poindexter Park and Naming of the Street. Staff Recommendation: 1) Approve the plans and specifications for the construction of the street improvement project; 2) Approve the name of Gisler Street as the name for this street and direct staff to proceed with the steps necessary to officially designate this street name; 3) Authorize staff to advertise for receipt of bids for the construction of the project. CONSENSUS: By consensus, this item was continued to June 19, 1996. E. Consider Authorization to Proceed with the Preliminary Design and Preliminary Right -of -Way Acquisition Efforts Required for the Widening of Los Angeles Avenue West of South Condor Drive (Los Angeles Avenue - East). Staff Recommendation: 1) Approve the future roadway alignment for Los Angeles Avenue East defined as Alternate #2 in the Alignment Study and summarized in this report (centerline to be shifted northerly); 2) Approve the right -of -way acquisition efforts and the preliminary design for the retaining walls described in Option A set forth in the staff report; 3) Direct staff to proceed with the development of a preliminary design to determine Minutes of the City Council Moorpark, California Page 14 June 5, 1996 actual right -of -way requirements; 4) Direct staff to proceed with the title work, engineering work and appraisal work necessary to prepare the final deeds for all of the right -of -way required, and to determine estimated cost of said acquisition; 5) Direct staff to report back to the City Council when these efforts are completed, to seek authorization to proceed with right - of -way acquisition. CONSENSUS: By consensus, the Council determined to continue this item to June 19, 1996. F. Consider a Project to Construct Storm Drain Improvements on Park Lane South of Los Angeles Avenue. Staff Recommendation: Approve the project described as Option #2 in the report. Mr. Gilbert gave the staff report. MOTION: Councilmember Hunter moved and Councilmember Wozniak seconded a motion to approve the staff recommendation as presented in Option #2 of the staff report dated May 20, 1996 to construct a storm drain from a point south of Los Angeles Avenue, northerly to an existing storm drain on the north side of Los Angeles Avenue; an appropriation of funds from the proceeds of the 1993 tax allocation bond issue and an amendment to the fiscal year 95/96 budget (01.170.903) in the amount of $75,000 to fund the project being approved earlier in the evening by the Moorpark Redevelopment Agency. The motion carried by roll call vote 4 -0, Councilmember Perez absent for the vote. I. Consider Schedule for Joint Annual Meeting with the Parks and Recreation Commission. Staff Recommendation: Set date. MOTION: Councilmember Brown moved and Councilmember Hunter seconded a motion to set July 1, 1996 as the joint annual meeting with the Parks and Recreation Commission. The motion carried by voice vote 4 -0, Councilmember Perez absent for the vote. J. Consider Rental Terms for 661 Moorpark Avenue. Staff Recommendation: Authorize staff to proceed with the lease of 661 Moorpark Avenue subject to the terms and conditions as presented. Minutes of the City Council Moorpark, California Page 15 June 5, 1996 Mr. Hayes gave the staff report and reviewed the conditions and terms of the lease. He requested that the Council approve the staff recommendation with an amendment to allow the City Manager to sign the lease. Councilmember Brown indicated her objection to the City providing gardening service at City expense for the lease. MOTION: Councilmember Wozniak moved and Councilmember Hunter seconded a motion to authorize staff to proceed with the lease of 661 Moorpark Avenue, subject to the terms and conditions presented in the staff report dated May 21, 1996 with the amendment that the City Manager be authorized to sign the lease. The motion carried by voice vote 3 -1, Councilmember Brown dissenting and Councilmember Perez absent for the vote. K. Consider the Transfer of Savings in City Council Conference Expense for Sponsorship of the Farmers' Market and Request for Offsite Signs. Staff Recommendation: Direct staff as deemed appropriate. (ROLL CALL VOTE -- REQUIRED). Mr. Reynolds gave the staff report. Jim Stueck, 4767 Elderberry Avenue, addressed the Council in support of offsite signs being placed on Los Angeles Avenue and High Street on the day of the Farmers' Market. Cynthia Korman, 802 Mercer Avenue, Ojai, indicated she was present to answer any questions. Councilmember Brown requested that the Council consider offsite signs for other High Street merchants. She suggested a sign which states something like "Visit our Historic Downtown and Shops ". MOTION: Councilmember Hunter moved and Mayor Lawrason seconded a motion to approve the offsite signs as requested for the Farmers' Market and the allocation of $1,500 from 1995/96 budget savings. The motion carried by roll call vote 4 -0, Councilmember Perez absent for the vote. H. Consider Project Land Use and Circulation Alternatives to be Addressed in the Specific Plan No. 2(Morrison- Fountainwood- Agoura) Project Environmental Impact Report Minutes of the City Council Moorpark, California Page 16 June 5, 1996 (EIR) . Staff Recommendation: Authorize the environmental consultant to analyze the following alternatives, as described in the staff report; Required alternatives - No Project (two scenarios), Environmentally Superior, and Alternative Location; Land Use Alternatives - Clustered Alternative, Reduced Residential Development (475 dwelling units) Increased Residential Development (712 dwelling units); and Circulation Alternatives - Alternative 2, Alternative 3, Alternative 5, and Alternative 6 (Circulation alternatives in the Draft EIR will be renumbered). Councilmember Wozniak indicated he would leave the dais to avoid the possible perception of a conflict of interest because he lives near the project. Michael Greynald, 25841 West Thousand Oaks Blvd, Calabasas, addressed the Council on behalf of the applicant, Morrison - Fountainwood- Agoura. He indicated he was present to answer any questions and said he agreed with the staff recommendation to study all alternatives presented in the staff report. Robert Warren, 1881 Knoll Drive, Ventura, the applicant's engineer, indicated he was present to answer any questions. Bill LaPerch, 7200 Walnut Canyon Road, addressed the Council regarding the Specific Plan 2 project. He requested that they consider carefully the particulates in the airshed and also consider the number of houses being permitted. He also said the planned connector which had been originally discussed as C Street, should be placed as far north as possible. MOTION: Councilmember Brown moved and Mayor Lawrason seconded a motion to approve the staff recommendation to authorize the environmental consultant to analyze the alternative described in the staff report as required alternative - no project (two scenarios), environmentally superior, and alternative location; land use alternative - clustered alternative, reduced residential development (475 dwelling units), increased residential development (712 dwelling units); and circulation alternative - alternative 2, alternative 3, alternative 5, and alternative 6 (circulation alternative in the draft EIR to be renumbered). The motion carried by voice Minutes of the City Council Moorpark, California Page 17 June 5, 1996 vote 3 -0, Councilmembers Perez and Wozniak absent for the vote. 11. ORDINANCES: None. 12. CLOSED SESSION: MOTION: Councilmember Hunter moved and Councilmember Brown seconded a motion to adjourn to Closed Session for a discussion of 12.B. 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 - ten) The motion carried by voice vote 4 -0, Councilmember Perez absent for the vote. AT THIS POINT in the meeting, a recess was declared. The time was 11:25 p.m. The Council reconvened into Closed Session at 11:30 p.m. Present in Closed Session were all Councilmembers, but Councilmember Perez; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; and Cheryl Kane, City Attorney. The Council reconvened into Open Session at 11:59 p.m. Mr. Kueny stated that five cases were discussed under Item 12.B. and that the Council authorized initiation of litigation in one case, the identity of which together with the defendant and other particulars shall, once formally commenced, be disclosed to any person upon inquiry. No other items were discussed. Minutes of the City Council Moorpark, California Page 18 June 5, 1996 13. ADJOURNMENT: Mayor Lawrason adjourned the meeting at 12:00 a.m. Paul W. rason Jr. Mayor ATTEST: