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HomeMy WebLinkAboutMIN 1996 1002 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California October 2, 1996 A Regular Meeting of the City Council of the City of Moorpark was held on October 2, 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 7:11 p.m. 2. PLEDGE OF ALLEGIANCE: Dee Talley led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Brown, Perez, and Mayor Pro Tem Wozniak Absent: Councilmember Hunter and Mayor Lawrason Staff Present: Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; Ken Gilbert, Director of Public Works; Steven Hayes, Economic /Redevelopment Manager; Mary Lindley, Assistant to the City Manager; Dirk Lovett, Assistant City Engineer; Nelson Miller, Director of Community Development; Don Reynolds, Administrative Services Manager; Captain Marty Rouse, Sheriff's Department; Jill Rubin - Myers, Solid Waste Coordinator; Lillian Hare, City Clerk; and Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS AND COMMENDATIONS: AT THIS POINT in the meeting, Mayor Pro Tem Wozniak called Connie Lawrason to the podium. Mrs. Lawrason addressed the Council and the audience indicating that Mayor Lawrason had undergone double bypass surgery on Tuesday. A. Presentation to Recognize October, 1996 as National Breast Cancer Awareness Month. Mayor Pro Tem Wozniak presented a proclamation to Karen Coughlon and Dee Talley. � ter 5. 6. Minutes of the City Council Moorpark, California Page 2 October 2, 1996 REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mayor Pro Tem Wozniak announced that under Item 9. he would be requesting an item be placed on the next agenda to proceed with acquisition of the easement from Southern California Edison needed for the pedestrian bridge project. PUBLIC COMMENT: Bill LaPerch, 7200 Walnut Canyon Road, addressed the Council in opposition to proceeding with the Bollinger project. Dan Burchfield, 12345 Sunnyglen, addressed the Council regarding expediting the construction of the pedestrian bridge. Laura Burchfield, 12345 Sunnyglen, addressed the Council thanking them for the Little League celebration and requesting that they expedite the construction of the pedestrian bridge. Chris Evans, 4430 Cedarglen Court, addressed the Council regarding the construction of the pedestrian bridge. He requested that they put aside their differences with Southern California Edison and build the bridge. In response to Mr. Evans, Mayor Pro Tem Wozniak explained that the responsibility for the delay in building the pedestrian bridge belonged to Southern California Edison. He said they want to build a commercial project on their property and use the pedestrian bridge for access across the arroyo. He indicated that the pedestrian bridge was never intended to be a thoroughfare. He said the City was ready and anxious to begin construction and had been negotiating to obtain the easements from Southern California Edison so the project could proceed. Becky Evans, 4430 Cedarglen Court, addressed the Council requesting that they expedite the building of the pedestrian bridge. Jamie Evans, 4430 Cedarglen Court, addressed the Council and requested that they build the pedestrian bridge. Emily Jacalone, 4473 Cedarglen, addressed the Council requesting that they go forward immediately with the project to build the pedestrian bridge. 000006 Minutes of the City Council Moorpark, California Page 3 October 2, 1996 Jennifer Franconi, 4433 Cedarglen Court, addressed the Council and requested that they immediately construct the pedestrian bridge. Erin Ryono, 4458 Cedarglen, addressed the Council and requested the immediate construction of the pedestrian bridge. Rob Jacalone, 4473 Cedarglen, addressed the Council and requested that staff be assigned or a Councilmember be assigned to be responsible for getting the bridge built. In response to Mr. Jacalone, Mayor Pro Tem Wozniak indicated that Councilmember Perez is the Councilperson who had been assigned the task of facilitating the discussions with California Edison and has made reports to the Council as has the City Manager. Councilmember Brown suggested that it is important that Southern California Edison receive the comments and feelings of those attending the meeting. She suggested that they send a tape of their comments to the President of Southern California Edison. 7. CONSENT CALENDAR: NOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to pull Items 7.C., 7.G., and 7.J. and approve the balance of the Consent Calendar. The motion carried by roll call vote 3 -0, Councilmember Hunter and Mayor Lawrason absent for the vote. goo • - , • • •� Staff Recommendation: Approve the minutes as processed. 000007 Minutes of the City Council Moorpark, California Page 4 October 2, 1996 B. Consider Approval of the Warrant Register. Manual Warrants 31633 -31635 $ 31,242.95 31742 -31754 D. Voided Warrant 31277 $ (210.20) Regular Warrants 31755 -31858 $486,717.53 Staff Recommendation: Approve the Warrant Register. rXpana i on. Staff Recommendation: Approve an appropriation from Zone 3 of the Parks Improvement Fund and an amendment to the FY 1996/97 budget in the amount of $7,300 (212.710.xxxx.733.9903) to fund current year costs for the subject project. E. Consider Abandoning the Storm drain Design on Park Lane South of Los Angeles Avenue. Staff Recommendation: Abandon the storm drain design. F. Consider the 1995 Annual Report to the California Integrated Waste Management Board (CIWMB) on Waste Reduction Status. Staff Recommendation: Receive and file the report. H. Street Improvements on Unidos Avenue. Staff Recommendation: 1) Authorize the City Engineer to proceed with the engineering efforts described in Section C of the staff report to be funded by a portion of the developer deposits described in Section B of the staff report; 2) Appropriate $10,600 from Fund 500 (Developer Deposits) and amend the FY 1996/97 Budget (if necessary) to account for the subject design project. I. Consider Resolution No. 96 -1228 Amending Resolution No. 93 -976 Pertaining to Parking Restrictions on Portions of Peach Hill Road. Staff Recommendation: Adopt Resolution No. 96 -1228 amending Resolution No. 93 -976 as it pertains to parking restrictions on a portion of Peach Hill Road. 1II Minutes of the City Council Moorpark, California Page 5 October 2, 1996 K. Consider Reuuest for Extension of Boys and Girls Club of Moorpark Loan. Staff Recommendation: Approve the request for an extension of the loan for two years subject to payment as scheduled in the staff report. The following items were pulled from the Consent Calendar for individual consideration: C. Consider Resolution No. 96 -1229 Establishing Certain Design Directives to the City_ Engineering Department. Staff Recommendation: Adopt Resolution No. 96 -1229 compiling, deleting, amending and listing certain past policies pertaining to engineering matters. In response to Councilmember Wozniak, Mr. Gilbert said that regarding Policy 22 - Speed Limit Sign Size, the Director of Public Works would have some flexibility in determining that a different size of speed limit sign may be warranted or may be more suitable at certain locations. MOTION: Mayor Pro Tem Wozniak moved and Councilmember Perez seconded a motion to adopt Resolution No. 96 -1229. The motion carried by voice vote 3 -0, Councilmember Hunter and Mayor Lawrason absent for the vote. G. Consider Resolution No, 96- Approving a Budget Amendment in the Amount of S 12 , 2 3 2 62 (CCame,F Moorpark). Staff Recommendation: Approve Resolution No. 96- MOTTO : Councilmember Brown moved and Councilmember Perez seconded a motion to continue this item to October 16, 1996. The motion carried by voice vote 3 -0, Councilmember Hunter and Mayor Lawrason absent for the vote. J. aural Low Lana use and Rural Exclusive Zoning. Staff Recommendation: Defer a decision until October 16, 1996, and direct staff to receive a detailed written explanation from Mr. Bollinger on the status of acquisition by October 9, 1996. 000009 Minutes of the City Council Moorpark, California Page 6 October 2, 1996 MOTION: Councilmember Brown moved and Mayor Pro Tem Wozniak seconded a motion to reorder this item to the beginning of the Presentations /Action /Discussion items. The motion carried by voice vote 3 -0, Councilmember Hunter and Mayor Lawrason absent for the vote. 8. PUBLIC HEARINGS: A. Cor2oration. Staff Recommendation: Open the public hearing and accept public testimony; determine that the environmental effects discussed in the Subsequent EIR prepared for the Amended Carlsberg Specific Plan and the environmental effects of these proposed subdivisions are sufficiently similar to warrant the reuse of the Subsequent EIR; make the appropriate findings for each of the entitlements requested by the applicant; direct staff to prepare a resolution to be presented to the City Council at the next regular meeting approving the Tentative Tract Maps; approve the modification to the hiking trails; make a determination regarding a requirements for private recreational facilities regarding whether the applicant should be required to reserve a lot in each tract for a private recreational facility; make a determination as to whether maintenance of open space lots, slopes, parkway landscaping for all streets within residential tracts, any shared driveways, storm drains, any fencing or walls within common maintenance areas, recreational areas, and any slope directly affecting drainage or residential street facilities should be the responsibility of an assessment district or by homeowners' association; and for any areas to be maintained by assessment district, determine that the assessment district will not be responsible for maintenance for at least one year after total completion and maintenance of the improvements. (PUBLIC HEARING REMAINS OPEN) (Continued item) NEW STAFF RECOMMENDATION: 1) Accept public testimony and close the public hearing; 2) Determine that the environmental effects discussed int eh Subsequent EIR prepared for the Amended Carlsberg Specific Plan and the environmental effects of these proposed subdivisions are sufficiently similar to warrant the reuse of the Subsequent EIR; 3) Make the appropriate findings for each of the entitlements requested by the 000010 Minutes of the City Council Moorpark, California Page 7 October 2, 1996 applicant; 4) Approve Resolution No. 96 -1230 approving Tentative Tract Map Nos. 4974, 4976, 4977 and 4980. Mr. Miller gave the staff report. He indicated that staff agreed with the request for clarification changes requested by Mr. Ron Tankersley in his letter to the City Manager dated September 27, 1996. In addition, he indicated that the Council had received a supplemental report from the City Manager indicating proposed language for the private recreational facility, Condition No. 4, in addition to the language for Condition No. 32, and a proposed condition regarding acceptance of Science Drive street improvements. Mr. Kueny indicated there would be one change in the last sentence of the modifications to the private recreational facility, Condition No. 4. He indicated the date should be changed from "January 1, 199911, to "January 1, 2002 ". Mr. Tankersley stated his acceptance of the conditions proposed by the City Manager in his supplemental report to the City Council dated September 27, 1996. In response to Councilmember Wozniak, Mr. Miller indicated that the trails have been restored to the amount originally proposed in the project. Staff indicated that the proposed resolution would be changed in the enacting clause on page 2 to indicate "City Council" rather than "Planning Commission ". There being no speakers, Mayor Pro Tem Wozniak closed the public hearing. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to determine that the environmental effects discussed in the subsequent EIR prepared for the Amended Carlsberg Specific Plan and the environmental effects of those proposed subdivisions are sufficiently similar to warrant the reuse of the Subsequent EIR; to make the appropriate findings for each of the entitlements requested by the applicant; to approve Resolution No. 96 -1230 approving Tentative Tract Map Nos. 4975, 4976, 4977, and 4980; to include those changes requested by Mr. Tankersley in his letter dated September 27, 1996 and the revised conditions in the City Manager's supplemental report to the City Council as amended regarding UMOILL Minutes of the City Council Moorpark, California Page 8 October 2, 1996 the date in Condition No. 4. The motion carried by roll call vote 3 -0, Councilmember Hunter and Mayor Lawrason absent for the vote. 9. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Pro Ten Wozniak requested an item be placed on the next agenda to proceed with acquisition of the easements from Southern California Edison needed for the pedestrian bridge. Councilmember Brown requested an agenda item regarding placing a slow speed limit on the State Route in front of the tot lot at City Hall. She said there are many children who play in that park and who need to be protected. Councilmember Perez requested a box item regarding a possible second driveway access into the City Hall parking lot. J. Consider Redesignation of Property Referred to as Vesting Tentative Tract Map 4928 (Bollinger Developmnt Incoruorated and Moorpark Country Club Investors from Medium Low and PubliclInstitutional Land Use and RPD 1 63 DU Per Acre, OFen Space and Institutional Zoning, to Rural Low Land Use and Rural Exclusive Zoning. Staff Recommendation: Defer a decision until October 16, 1996, and direct staff to receive a detailed written explanation from Mr. Bollinger on the status of acquisition by October 9, 1996. MOTION: Mayor Pro Tem Wozniak moved and Councilmember Brown seconded a motion to table this item until Councilmember Hunter's expected arrival later this evening. The motion carried by voice vote 3 -0, Councilmember Hunter and Mayor Lawrason absent for the vote. 10. PRESENTATIONS /ACTION /DISCUSSION: A. Consider Appointments to Moorpark Teen Council. Staff Recommendation: Appoint Teen Council Members for a 9 month term to begin immediately and end June 30, 1997. (Continued item) MOTION: Mayor Pro Tem Wozniak moved and Councilmember Brown seconded a motion to continue this item to October 16, 1996. The motion carried by voice vote 3 -0, Councilmember Hunter and Mayor Lawrason absent for the vote. OUC•12 Minutes of the City Council Moorpark, California Page 9 October 2, 1996 B. Consider Replacement for the City's High Volume Copier. Staff Recommendation: That the City Council appropriate $24,500 from the Equipment Replacement Fund for the purchase of a Kodak 2085, (which includes the $2,000 credit for the IBM) , and declare the IBM III 85 as surplus equipment to be used as a trade -in for the new machine. (ROLL CALL VOTE) (Continued item) NEW STAFF RECOMMENDATION: That the City Council appropriate $31,000 from the Equipment Replacement Fund for the purchase of a Xerox 1090, (which includes a $4,000 credit for the IBM), and declare the IBM III 85 as surplus equipment to be used as a trade -in for the new machine. Mr. Reynolds gave the staff report. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to appropriate $31,000 from the Equipment Replacement Fund for the purchase of the Xerox 1090, and declare the IBM III 85 as surplus equipment to be used as a trade -in for the new machine. The motion carried by roll call vote 3 -0, Councilmember Hunter and Mayor Lawrason absent for the vote. C. Consider Resolution No. 96- An Application for Ordinance Amendment No. 96 -1 Requesting Revisions to the Municipal Code to Establish Comm_ unity Services Zone and Request to Continue Temporary Storage of Recreational Vehicles Pending Decision on Ordinance Amendment and Commercial Planned Development. Staff Recommendation: Adopt Resolution No. 96- directing the Planning Commission to study, set a public hearing and provide a recommendation to the City Council pertaining to the proposed change to the City's Zoning Ordinance; authorize the applicant to concurrently process a Commercial Planned Development and Zone Change and; authorize a continuance of the temporary recreational storage facility until the City Council renders a decision on the Zoning Ordinance Amendment, Commercial Planned Development and Zone Change. (Continued item) Mr. Miller gave the staff report. Minutes of the City Council Moorpark, California Page 10 October 2, 1996 John Newton, 165 High Street, addressed the Council in behalf of the applicant. He indicated the applicant's support of the establishment of a community services zone. Councilmember Brown expressed her concern regarding the list of other types of uses that might be appropriate or permitted in the community services zone. She said if this was reviewed by the Planning Commission, she would hope that they would minimize the list. Councilmember Perez indicated his concern that this new zone might not achieve the goals for the City. MOTION: Councilmember Perez moved and Councilmember Brown seconded a motion to authorize a continuance of the temporary recreational storage facility until the City Council renders a final decision on the commercial planned development; the time extension not to exceed a maximum one year from October 2, 1996; a Resolution of Intent to direct the Planning Commission to study and set a public hearing regarding this item to be agendized for October 16. The motion carried by voice vote 3 -0, Councilmember Hunter and Mayor Lawrason absent for the vote. AT THIS POINT in the meeting, a recess was declared. The time was 9:00 p.m. The Council reconvened at 9:16 p.m. D. Consider Administrative Permit No. 96 -17 to Commercial Planned Development Permit No. 90 -2 Major Modification No. 1 a Request to Allow On -Site Beer and Wine Sales in Conjunction with a Restaurant (West Coast Pizza) in the Mountain Meadows Plaza, Located at the Southwest Corner of Tierra Rejada Road and Mountain Trail Street. Staff Recommendation: Adopt Resolution No. 96- Approving Administrative Permit No. 96 -17. Mr. Kueny left the meeting. Mr. Miller gave the staff report. Kim Carbonati, 12400 Cherry Grove Street, addressed the Council as the applicant. She indicated her pizza parlor would be family oriented and requested that this Council approve the beer and wine license. on ellt Minutes of the City Council Moorpark, California Page 11 October 2, 1996 Lora. Rutter, 11611 Pinedale Road, addressed the Council in opposition to the twelve o'clock closing time for the establishment because it would exceed the 10:00 p.m. required closing time for the center. She also indicated she did not believe a beer and wine license was necessary for the success of the establishment. In response to Councilmember Brown, Captain Rouse indicated that no complaints had been received by the police department regarding the Grotta Azura and their liquor license. In response to Councilmember Wozniak, Ms. Kane indicated that the permit would need to be modified if it did not reflect the same hours that were permitted for the Center. She said that the Council could determine to modify a certain type of use in the Center such as restaurant uses and leave the hours of operation intact for other uses. She suggested postponing taking action on the Administrative Permit. In response to Councilmember Wozniak, Ms. Kane indicated that a certain site or location within the Center could be chosen for different hours of operation but there would need to be some basis for that selection. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to continue this item to October 16; to direct staff to research the hours of closing for the project area and for Wood Ranch Barbecue and Lamppost Pizza. The motion carried by voice vote 3 -0, Councilmember Hunter and Mayor Lawrason absent for the vote. AT THIS POINT in the meeting, Mr. Kueny returned. E. Consider Driveway Access onto New Los Angeles Avenue and Revisions to Specific Plan Street Sections (Carlsberg). Staff Recommendation: 1) Direct staff to modify the Carlsberg Specific Plan regarding sidewalks; 2) Direct staff to modify the specific plan cross section for Spring Road north of Peach Hill Road; and 3) Approve the commercial driveway access as shown in the Carlsberg Specific Plan, subject to construction of a raised median to prohibit left turns out of the Carlsberg site. Mr. Lovett gave the staff report. (LT Minutes of the City Council Moorpark, California Page 12 October 2, 1996 In response to Councilmember Wozniak, Mr. Lovett said it was typical to take a 150% deposit to allow for inflation of costs of construction if improvements were built at a later date. In response to Mr. Kueny, Mr. Lovett indicated that any surety which was acceptable to the City could be provided. Councilmember Brown indicated her desire to see the sidewalk constructed on the south side of New Los Angeles Avenue. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to direct staff to modify the Carlsberg Specific Plan to omit the construction of the sidewalk along the north side of New Los Angeles Avenue; to require the installation of the sidewalk on the south side of Los Angeles Avenue prior to first occupancy of the Carlsberg commercial project or SDI commercial project whichever occurs first; the developer to provide a developer guarantee in a surety acceptable to the City for all design and construction cost for the sidewalk on the south side of New Los Angeles Avenue east of the driveway access including the construction of the sidewalk under the freeway overpass. The motion carried by voice vote 3 -0, Councilmember Hunter and Mayor Lawrason absent for the vote. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to direct staff to modify the specific plan cross section for Spring Road north of Peach Hill Road to show on the east side of the four foot raised median a 12 foot travel lane, an 8 foot bike lane and 6 feet for a sidewalk and guard rail. The motion carried by voice vote 3 -0, Councilmember Hunter and Mayor Lawrason absent for the vote. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to approve the commercial driveway access as shown in the Carlsberg Specific Plan, subject to construction of a raised median to prohibit left turns out of the Carlsberg site. The motion carried by voice vote 3 -0, Councilmember Hunter and Mayor Lawrason absent for the vote. fN)Q016 Minutes of the City Council Moorpark, California Page 13 October 2, 1996 F. Consider Approval for Alternative Paratransit Service. Staff Recommendation: 1) Approve Option lA as provided in the staff report, 2) Authorize the City manager to negotiate a contract with a paratransit provider; 3) Increase the paratransit fare from $.75 to $1.50 for certified paratransit riders who utilize the service provider, those who ride the fixed route bus will pay a fare of $.75; 4 ) Approve a provision that would allow paratransit riders to utilize the service provider to travel outside of Moorpark at their own expense; and 5) Approve the appropriation of 9,000 in TDA funds to cover the cot of implementing Option lA for the remainder of FY 1996/97. (ROLL CALL VOTE REQUIRED) Mary Lindley gave the staff report. Bonnie Burns - Whitmore, 6618 North Berkeley Circle, addressed the Council and indicated there was a great need for transportation of handicapped children to programs in Thousand Oaks. She requested Council consideration for funding such a program. CONSENSUS: By consensus, the Council determined to direct that the Budget and Finance Committee look into funding for transporting disabled children to programs in Thousand Oaks. MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to approve the Transportation and Streets Committee and staff recommendation to approve Option lA which calls for the City to contract with a service provider to provide paratransit service to certified riders who live outside the 3/4 mile fixed route radius or require the use of a wheelchair and using VISTA -EAST to travel outside of Moorpark; to authorize the City Manager to negotiate a contract with the paratransit provider; to increase the paratransit bus fare from $.75 to $1.50 for certified paratransit riders who utilize the service provider, those who ride the fixed route bus will pay a fare of $.75; to approve the provision that would allow paratransit riders to utilize the service provider to travel outside of Moorpark at their own expense; and to approve the appropriation of $9,000 in TDA funds to cover the cost of implementing Option lA for the remainder of Fiscal Year 96/97 (move $9,000 from TDA deferred revenue and show it as transit revenue, 204.000.0000.000.3458, and a transit expenditure 204.203.1014.000.9191). The motion carried by voice vote 3 -0, Councilmember Hunter and Mayor Lawrason absent for the vote. xclp? Minutes of the City Council Moorpark, California Page 14 October 2, 1996 G. Consider Issues, Priorities and Staffing Levels Relating to Code Enforcement Program. Staff Recommendation: Direct staff as deemed appropriate. Mr. Miller gave the staff report. Gwen Peters, 14392 E. Dartmouth Circle, addressed the Council regarding the need for more code enforcement. She complained against her neighbor who has no water or electric service. She said she believed the City needed more code enforcement officers to handle the code enforcement problems within the City. MOTION: Councilmember Perez moved and Councilmember Brown seconded a motion to continue this item to October 16, 1996. The motion carried by voice vote 3 -0, Councilmember Hunter and Mayor Lawrason absent for the vote. AT THIS POINT in the meeting, the Council determined to continue discussion of Item 7.J. J. aura! LOW Land Use and Rural Exclusive Zoning. Staff Recommendation: Defer a decision until October 16, 1996, and direct staff to receive a detailed written explanation from Mr. Bollinger on the status of acquisition by October 9, 1996. Mr. Kueny gave the staff report. He indicated that one of the two current owners, the LDS Church, will not sign the Development Agreement. Paul Bollinger, 351 Rolling Oaks, Thousand Oaks, addressed the Council and indicated he was present to answer any questions. Councilmember Perez said he wanted proof of due diligence on the part of Mr. Bollinger to move the project forward and provide financing. Wee-IS Minutes of the City Council Moorpark, California Page 15 October 2, 1996 CONSENSUS: By consensus, the Council determined to reactivate the Council Ad Hoc Committee for the Bollinger project consisting of Councilmembers Hunter and Perez to look at the financial information to be provided by Mr. Bollinger. Bill LaPerch, 7200 Walnut Canyon Road, addressed the Council and requested that they hold to the deadline. He asked the amount of the fees owed to the City by Bollinger. In response to Mr. LaPerch, Mr. Kueny indicated that the fees owed to the City are less than $18,000. Pete Peters, 7155 Walnut Canyon Road, addressed the Council regarding the dirt that has been moved on the Bollinger project. He indicated it would be a problem during the rainy season. In response to Mr. Peters, Mr. Lovett indicated the City has asked for erosion control to be performed by October 15. Councilmember Perez suggested that this item be deferred until October 16. Councilmember Brown indicated her desire to take no action at the present. Councilmember Wozniak indicated his agreement with Councilmember Brown. He said he did not intend to take any action at the present. Mr. Kueny clarified that taking no action would mean that this item would be taken off calendar and staff would not be doing any work on the project. 11. ORDINANCES: None. o(MILS Minutes of the City Council Moorpark, California Page 16 October 2, 1996 12. CLOSED SESSION: MOTION: Councilmember Brown moved and Councilmember Perez seconded a motion to adjourn to Closed Session for a discussion of all items. 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 - two) B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision ® 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 The motion carried by voice vote 3 -0, Councilmember Hunter and Mayor Lawrason absent for the vote. AT THIS POINT in the meeting, a recess was declared. The time was 11:00 p.m. The Council reconvened into Open Session at 11:05 p.m. Present in Closed Session were Councilmembers Brown, Perez, and Mayor Pro Tem Wozniak; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; and Nelson Miller, Director of Community Development. The Council reconvened into Open Session at 11:11 p.m. Mr. Kueny reported there was no action to report and only Item 12.A. was discussed. MOTION: Mayor Pro Tem Wozniak moved and Councilmember Perez seconded a motion to reject the claim of Carolann Meyer and to so notify the claimant. The motion carried by voice vote 3 -0, Councilmember Hunter and Mayor Lawrason absent for the vote. 13. ADJOURNMENT: Mayor Pro Tem Wozniak adjourned the meeting at 11:12 p.m. Minutes of the City Council Moorpark, California Page 17 October 2, 1996 13. ADJOURNMENT: Mayor Pro Tem Wozniak adjourned the meeting at 11:12 p.m. Paul W.'tawrason J��, Mayc:,, ATTEST: