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HomeMy WebLinkAboutMIN 1996 1204 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California December 4, 1996 A Regular Meeting of the City Council of the City of Moorpark was held on December 4, 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 :10 p.m. 2. PLEDGE OF ALLEGIANCE: Mayor Lawrason 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; Cheryl Kane, City Attorney; Ken Gilbert, Director of Public Works; Charles Abbott, City Engineer; Dirk Lovett, Assistant City Engineer; Nelson Miller, Director of Community Development; Mary Lindley, Assistant to the City Manager; Don Reynolds, Administrative Services Manager; Captain Mike Lewis, Sheriff's Department; Martin Cole, Management Analyst; Steven Hayes, Economic Development /Redevelopment Agency Manager; Baldemar Troche, Management Analyst; Dorothy Vandaveer, Deputy City Clerk; Susan Meyer, Records Clerk 4. PROCLAMATIONS AND COMMENDATIONS: Q 0 Presentation by Dan Burchfield of "No Way Out," a Storm Channel Safety Video. Dan Burchfield introduced Undersheriff Richard Bryce and presented a copy of the video to Superintendent of the Moorpark Unified School District, Tom Duffy. The video was viewed by the audience. Consider Approval of Resolution No. 96 -1253 Reciti Fact of the General Municipal Election Held on No 5, 1996. Staff Recommendation: Approve the pr Resolution No. 96 -1253 the nbe r used- Minutes of the City Council Moorpark, California Page 2 December 4, 1996 MOTION: Councilmember Brown moved and Councilmember Hunter seconded a motion to approve Resolution No. 96 -1253. The motion carried by unanimous voice vote. C. Special Presentation to Councilmember Brown. Mayor Pro Tem Wozniak presented a City plaque to Councilmember Brown. D. Comments from Councilmember Brown. Councilmember Brown made her comments. E. Special Presentation to Mayor Lawrason. Mayor Pro Tem Wozniak presented a City plaque to Mayor Lawrason. F. Comments from Mayor Lawrason. Mayor Lawrason made his comments and encouraged citizens to get involved with City government if they want to make a difference. AT THIS POINT in the meeting, special presentations were made to Mayor Lawrason by representatives from the Boys and Girls Club, Kiwanis Club, Assemblyman Nao Takasugi's office, Senator Cathie Wright's office, and the Moorpark Chamber of Commerce. A special presentation was made to Councilmember Brown by the Chamber of Commerce. G. City Clerk administer the Oath of Office to newly elected Councilmember, Christopher Evans. The Oath of Office was administered to Christopher Evans by Deputy City Clerk, Dorothy Vandaveer. H. City Clerk administer the Oath of Office to newly elected Councilmember, Debbie Rodgers Teasley. The Oath of Office was administered to Debbie Rodgers Teasley by Deputy City Clerk, Dorothy Vandaveer.' I. City Clerk administer the Oath of Office to newly elected Mayor, Patrick Hunter. 5. IN Minutes of the City Council Moorpark, California Page 3 December 4, 1996 The Oath of Office was administered to Patrick Hunter by Deputy City Clerk, Dorothy Vandaveer. J. Comments from Mayor and Councilmembers. Councilmember Evans made his comments. Debbie Rodgers Teasley made her comments. K. Consider Nomination and Selection of Mayor Pro Tem. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion that Councilmember Bernardo M. Perez be appointed as Mayor Pro Tem. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, the Council recessed for a brief reception in the Citrus Room. The time was 8:28 p.m. The Council reconvened at 9:10 p.m. and recessed to convene the Redevelopment Agency. The Council reconvened at 9 :52 p.m. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mayor Hunter recommended that items 10.A. and 10.D. be continued to the City Council meeting of December 18, 1996. Mr. Kueny suggested that items 10.F. and 10.I. could be continued to the City Council meeting of January 15, and that item 10.J. should be considered this evening. Councilmember Wozniak stated that some items could be continued to December 11, 1996. CONSENSUS: By consensus, the Council determined to meet on December 11, 1996 to address some items to be continued this evening and to reorder at 10:30 p.m. with the exception of items that have already been continued. PUBLIC COMMENT: Dan and Laura Burchfield, 6444 Pepperdine Circle, spoke and stated that the temporary pedestrian bridge that has been offered by Long Beach should be considered and put in place over the Arroyo Simi until the permanent bridge can be built. 7. Minutes of the City Council Moorpark, California Page 4 December 4, 1996 Councilmember Evans stated that the City needs to move forward with this project and that a projected time line should be published. Mayor Hunter stated that a meeting with the County should be held with Supervisor Mikels and Alex Sheydayi to work out the floodwater channel widening concerns and requirements. CONSENSUS: By consensus, the Council determined to place this item on the December 18 Regular City Council meeting agenda to consider the bid award and that a time line be published after the action at that meeting. Gerald Goldstein, 11932 E. Los Angeles Avenue, spoke regarding the pedestrian bridge. He said there is a need for the bridge and encouraged the Council to go forward with the project. Ross Gorgone, representing Westpointe Homes, stated that the City of Long Beach is frantically searching for the plans for the bridge and he will keep the City updated on the progress. Rob Jacalone, 4473 Cedarglen Court, addressed the Council and encouraged the Council to build the bridge. He said if the permanent bridge cannot be built, then the temporary bridge should be put in place. CONSENT CALENDAR: MOTION: Councilmember Perez moved and Councilmember Evans seconded a motion to approve the Consent Calendar with the exception of Item 7.A., Minutes of the Special Meeting of the City Council of November 15, 1996, Minutes of the Regular Meeting of the City Council of November 20, 1996, and Minutes of the Special Meeting of the City Council of November 20, 1996. The motion carried by unanimous roll call vote. B. Consider Approval of the Warrant Register. Manual Warrants 32252 -32262 $ 24,823.80 Voided Warrants 31323 & 31983 $ (6,764.00) Regular Warrants 32263 - 32345 $131,931.64 Staff Recommendation: Approve the Warrant Register.. Minutes of the City Council Moorpark, California Page 5 December 4, 1996 C. Consider 1) Granting /Accepting Property for Poindexter Park and for a Street Along the Westerly Boundary of Said Park; and 2) Gravel Road Maintenance for Poindexter Park. Staff Recommendation: Approve the Certificates of Acceptance for deeds to certain property known as Poindexter Park and the future street to be constructed adjacent thereto, and direct the City Clerk to record said documents. D. Consider Resolution No. 96 -1254 Amending Resolution No. 93 -977 As It Pertains to Signs Giving Notice of City Truck Routes. Staff Recommendation: Adopt Resolution No. 96 -1254 deleting and replacing Exhibit "B" of Resolution No. 93 -977 pertaining to truck route signs. E. Consider Authorizing the City Manager to Engage a Financial Advisor and Appraiser for the Proposed Formation of a Community Facilities District (CFD) for the Development of the Simi - Moorpark Freeway Properties /C.T. Financial Property (SP 92 -1) . Staff Recommendation: Authorize the City Manager to engage a Financial Advisor and Appraiser for the formation of a Community Facilities District and to sign a reimbursement agreement with the developer, Simi - Moorpark Freeway Properties /C.T. Financial, for all costs including staff time. F. Consider Request from the League of California Cities for Amicus Support in Metropolitan Water District of Southern California v. Francis N. Domenigoni - Issues Related to the Valuation of Property Taken by Eminent Domain. Staff Recommendation: Support amicus. G. Consider City Council Meeting Schedule for January. Staff Recommendation: Approve cancellation of the first regular meeting in January. H. Consider a Project for the Construction of Landscape and Related Improvements Within the State Route 118 Freeway Right -of -Way Between Collins Drive and Princeton Avenue. Staff Recommendation: 1)Direct staff to develop and present to the City Council a draft Memorandum of Understanding (MOU) between the City and Caltrans relative to funding of the design, construction. and maintenance of certain landscape and related improvements- within State Route 118 freeway right -of -way between tfli Minutes of the City Council Moorpark, California Page 6 December 4, 1996 Collins Drive and Princeton Avenue, consistent with the guidelines set forth in the staff report. The following item was pulled from the Consent Calendar for individual consideration. A. Consider Approval of Minutes of the Special Meeting of the City Council of November 15, 1996. Consider Approval of Minutes of the Regular Meeting of the city council of November 20, 1996. Consider Approval of Minutes of the Special Meeting of the City Council of November 20, 1996. Staff Recommendation: Approve the minutes as processed. Councilmember Evans pulled Item 7.A. from the Consent Calendar stating that he will abstain from voting on the minutes of meetings of which he was not a participant. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to approve Item 7.A. The motion carried by 3 -0 voice vote, Councilmembers Evans and Rodgers Teasley abstaining from the vote. 8. PUBLIC HEARINGS: None. 9. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Hunter announced that the Annual Tree Lighting Ceremony will be held on Sunday, December 8, at 2:00 p.m. at the Community Center. He also announced that the Sheriff's Department is conducting a Safe and Courteous Driver Recognition Program in Moorpark, sponsored by the Kiwanis Club, during the weeks of December 15 - 28. The program will reward good drivers in the community who are observed practicing safe and courteous driving. Mayor Hunter also stated that the Community Services Department is co- sponsoring the Holiday Home Lighting contest with the Moorpark Arts Council. Councilmember Wozniak requested that a future agenda item Minutes of the City Council Moorpark, California Page 7 December 4, 1996 relative to the costs involved in televising the Teen Council meetings on a quarterly basis be calendared for consideration. 10. PRESENTATIONS /ACTION /DISCUSSION: A. Consider Appointments to the Planning Commission and the Parks and Recreation Commission. This item was continued to the December 18, 1996 City Council meeting. B. Consider Council Committee Appointments. CONSENSUS: By consensus, the Council determined that Affordable Housing will be moved from the Economic Development Committee and combined with the Community Development Committee and the Standing Committee appointments for the City Council will be as follows: Affordable Housing /Community Development Councilmember Perez Mayor Hunter Budget and Finance Councilmember Wozniak Mayor Hunter Economic Development Councilmember Rodgers Teasley Councilmember Perez Public Works, Facilities and Solid Waste Councilmember Wozniak Councilmember Evans Transportation and Streets Committee Councilmember Evans Councilmember Rodgers Teasley CONSENSUS: By consensus, the Council determined to make the iIK! Minutes of the City Council Moorpark, California Page 8 December 4, 1996 following changes to the Committee listing under each heading. Budget and Finance Committee Add as Item H.: "H. Mobile Home Park Rent Stabilization" AD HOC COMMITTEES Omit the following: "1. Measure F /CPO Members: Wozniak and Perez Staff Assignment: Director of Community Development 2. Work with Mail Marketing to Develop Youth Employment Program Members: Perez and Wozniak Staff Assignment: City Manager 3. Sale /Lease of Agency Owned Property Members: Lawrason and Perez Staff Assignment: Deputy City Manager" 5. Garage Conversions which Occurred Prior to Incorporation Members: Perez and Wozniak" Change No. 6 from the following: "6. Address Proposed Development Agreements for Specific Plan No. 8 (Hidden Creek Ranch /Messenger) Members: Lawrason and Wozniak Staff Assignment: Director of Community Development" To read: "6. Hidden Creek Specific Plan Members: Perez and Wozniak Staff Assignment: Director of Community Development" Omit the following: "7. Special Devices, Inc. (SDI) Development Agreement.' Members: Lawrason and Brown Staff Assignment: Director of Community Development 1111T-171,* Minutes of the City Council Moorpark, California Page 9 December 4, 1996 8. Consider Day Laborer Options Members: Brown and Perez Staff Assignment: Assistant to the City Manager" Change No. 9. From: "9. Classification and Compensation Study Members: Lawrason and Perez Staff Assignment: Deputy City Manager" To read: "9. Classification and Compensation Study Members: Wozniak and Perez Staff Assignment: Deputy City Manager" Omit the following: "10. Supplemental Law Enforcement Services Proposals Members: Brown and Hunter Staff Assignment: Deputy City Manager" Transfer to Budget & Finance Committee: "11. Mobile Home Park Rent Stabilization Omit the following: "12. Consider Citizens' Recognition Day Member: Brown Staff Assignment: City Clerk" Add item as follows: "Economic Development Incentives for Two Potential Businesses Members: Evans and Teasley" C. Consider Appointment to the Teen Council. Staff Recommendation: Appoint Teen Councilmember Yulik Rios to begin immediately and term to expire on June 30, 1997. Mr. Hare gave the staff report. MOTION: Mayor Hunter moved and Councilmember Teasley seconded a motion to appoint to the Teen Council, Yulik Rios to begin I I IR Minutes of the City Council Moorpark, California Page 10 December 4, 1996 immediately with a term to expire on June 30, 1997. The motion carried by unanimous voice vote. D. Consider Appointments to the Senior Center Advisory Committee. This item was continued to the December 18, 1996 City Council meeting. E. Consider Resolution No. 96 -1255 Appointing the City's Representative and Alternate to the Southern California Joint Powers Insurance Authority Board of Directors. Staff Recommendation: Approve Resolution No. 96 -1255 appointing a member of the City Council as the City's representative and the Deputy City Manager as alternate to the Authority's Board of Directors, effective upon passage through December 31, 1998. Mr. Hare gave the staff report. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to approve Resolution No. 96 -1255 appointing Mayor Hunter as the City's representative and the Deputy City Manager as alternate to the Authority's Board of Directors, effective upon passage through December 31, 1998. The motion carried by unanimous voice vote. F. Consider Discussion of Honorarium for Moorpark Redevelopment Agency Meetings and City Council Compensation and Benefits Information. (Continued item) This item was continued to January 15, 1997. G. Consider Approval of a Special Meeting of the Transportation and Streets Committee for the Purpose of Seeking Public Input on the Final Draft Designs for Pavement and Drainage Improvements Planned for Maureen Lane, Bonnie View Street and the Allevs South of First Street. Staff Recommendation: 1) Direct staff to schedule a Special Meeting of the Transportation and Streets Committee to discuss the design for the proposed pavement and drainage improvements planned for Maureen Lane, Bonnie View Street and the alleys south of First Street; 2) Set the date, time and place for said meeting to be Saturday morning, November 30, 1996, at 10:00 �.m., at the City Council Chambers, City Hall, 799 Moorpark iii Minutes of the City Council Moorpark, California Page 11 December 4, 1996 Avenue; 3) Direct staff to send a notice to the owner and /or resident of each of the properties affected by the project, as shown on Exhibit 1 of the staff report. (Continued item) Mr. Gilbert gave the staff report. CONSENSUS: By consensus, the Council determined to direct the Transportation and Streets Committee to meet regarding this subject. AT THIS POINT in the meeting, the Council reordered the agenda to consider Items 10.Q. and 10.R. as the next items; to continue item 10.P. to January 15; to continue item 10.0. to December 11; and to consider item 10.M. this evening; all other remaining items to be considered this evening. Q. Consider Request for City Participation in the Funding of the Development of Campesina Park. Staff Recommendation: 1) Direct staff to retain a qualified landscape architect to prepare a project cost estimate based on the conceptual design prepared by CEDC, the cost of said report not to exceed $2,000, upon receipt of an advance payment in said amount from CEDC; 2) Direct staff to gather this and other information and present same to the City Council for its consideration. Mr. Gilbert gave the staff report. Teresa Cortes, 12425 Villa Campesina, said a park is needed in her neighborhood. She requested that the Council proceed with plans for building the park. Karen Flock, representative for Cabrillo Economic Development Corporation, 11011 Azahar, Saticoy, spoke in favor of the park construction and asked the City to commit to finishing the design. Councilmember Wozniak said he is concerned that the maintenance of the park may be a problem. He said the Council needs to know the ramifications of Proposition 218. CONSENSUS: By consensus, the Council determined to ipove forward with design efforts, but to send this item back.1to the Public Works, Facilities, and Solid Waste Committee to look at 111 Minutes of the City Council Moorpark, California Page 12 December 4, 1996 the options of funding and maintenance mechanisms. R. Consider Discussion of the Transit Mixed Concrete Company Project in the Unincorporated Area North of the City (County of Ventura Conditional Use Permit No. 4633) . Staff Recommendation: Direct staff as deemed appropriate. Mr. Miller gave the staff report. CONSENSUS: By consensus, the Council determined that Mayor Hunter and Councilmember Evans will attend the Board of Supervisor's meeting on December 10, 1996 when this item is considered. H. Consider Adoption of an Interim Zoning Ordinance Relative to the Permitting of Alcoholic Beverages. Staff Recommendation: Consider the ordinance. (Continued item) NEW STAFF RECOMMENDATION: 1) Adopt an interim zoning ordinance as an urgency measure, imposing a moratorium on the issuance of new permits for alcoholic beverage sales in the City (requires a four - fifths vote); 2) Adopt a resolution initiating an amendment of Title 17, Zoning, of the Moorpark Municipal Code, to include regulations pertaining to the permit and processing requirements to allow alcoholic beverage sales; 3) Direct staff to notice a public hearing, prepare a draft ordinance for extension of the interim ordinance, and to prepare a report describing the measures taken to alleviate the condition which led to the adoption of the ordinance, to be considered at a City Council public hearing on January 15, 1997. Mr. Miller gave the staff report. He stated that the application has not been deemed complete, but it has been accepted. Mr. Kueny suggested that the City Attorney can provide language on the Conditional Use Process versus the Administrative Permit'process. CONSENSUS: By consensus, the Council determined to table this item until the proper language could be written by the City Attorney and brought back this evening for consideration. I. Consider R rt from Ad Hoc Citizen Council Committee. Staff Recomme )reciation D, tion: Approvd the 1 ! • Minutes of the City Council Moorpark, California Page 13 December 4, 1996 recommendations for the Citizens Recognition Day as outlined in the staff report. This item was continued to the January 15, 1997 City Council meeting. J. Consider Day Laborer Ad Hoc Committee's Recommendations. Staff Recommendation: Approve the recommendation to develop and distribute a flyer that summarizes the City's Solicitation Ordinance and continue to encourage the property owner to take steps available to him to manage the behavior of the day laborers who gather on his property. This item was continued to the December 11, 1996 City Council meeting. K. Consider a December 12 Meetina to Review the Countvwide Library Services Agency Report. Staff Recommendation: Select a representative to serve on the Library Service Planning Committee, provide any comments it may have about the recommendations or findings contained in the Library Report, and request those individual members indicate whether or not they plan to attend the meeting on December 12. Ms. Lindley gave the staff report. CONSENSUS: By consensus, the Council determined that Councilmember Wozniak, Councilmember Rodgers Teasley, and Mayor Hunter will attend the meeting. CONSENSUS: By consensus, the Council determined that Councilmember Wozniak will serve as the City's representative on the Library Services Implementation Committee. L. Consider Resolution No. 96 -1256 Approving Minor Modification No. 1 to Residential Planned Development Permit No. 89 -4 on the Application of California Community Builders for a Reduction in the Required Minimum Rear Yard Setback for Patio Covers to be Reduced from 10 feet to 5 feet (Villagio /Mirabella Residential Units) . Staff Recommendation: 1) Determine that this Minor Modification is categorically exempt from, the California Environmental Quality Act requirements• as' a Class 1 exemption for minor alterations; 2) Approve Minutes of the City Council Moorpark, California Page 14 December 4, 1996 Resolution No. 96 -1256 approving a reduction in requirements for lattice style unenclosed patio covers for Major Modification No. 1 to Residential Planned Development Permit No. 89 -4. Mr. Kueny left the meeting. Mr. Miller gave the staff report. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to 1) determine that this Minor Modification is categorically exempt from the California Environmental Quality Act requirements as a Class 1 exemption for minor alterations; 2) Approve Resolution No. 96 -1256 approving a reduction in requirements for lattice style unenclosed patio covers for Major Modification No. 1 to Residential Planned Development Permit No. 89 -4. The motion carried by unanimous voice vote. Mr. Kueny returned to the meeting. M. Consider Discussion Regarding the Draft Revised County Guidelines for Orderly Development. Staff Recommendation: Direct staff as deemed appropriate. Mr. Miller gave the staff report. CONSENSUS: By consensus, the Council determined that Mayor Hunter will attend the Board of Supervisor's meeting on December 10 at 1:30 p.m. and that if the Board of Supervisors does not concur with the City's proposal as outlined in the staff report this item will be placed on a future City Council agenda for further consideration. N. Consider Discussion of a Possible Meeting with Other Public Agencies Regarding Two Proposed Driving Ranges and the Tierra Rejada Valley Greenbelt (County of Ventura Conditional Use Permit Nos. 4915 and 4933). Staff Recommendation: Direct staff as deemed appropriate. This item was continued to the December 11, 1996 City Council meeting. 0. Consider Engineering Study Evaluating Alternative Methods to Add a Left Turn Lane to the East Leg of' the Intersection of Peach Hill Road and Sprinq Road. Staff Al t1t Minutes of the City Council Moorpark, California Page 15 December 4, 1996 Recommendation: 1) Approve a project to add the left turn lane using Design Alternate #1; 2) Direct staff to proceed with the project design; 3) Reconfirm the appointment of Councilmember Perez to assist staff in working with the adjacent property owners on the project design and the acquisition of required additional street right -of -way. This item was continued to the December 11, 1996 City Council meeting. P. Consider Terms of Office and Tvpes of Appointments for Various Appointees. Staff Recommendation: Direct staff regarding the Santa Monica Mountains Conservancy appointment and concur with the other actions outlined in the staff report. This item was continued to the January 15, 1997 City Council meeting. AT THIS POINT in the meeting, the Council considered Item 10.H. again. H. Consider Adoption of an Interim Zoning Ordinance Relative to the Permitting of Alcoholic Beverages. Staff Recommendation: Consider the ordinance. (Continued item) NEW STAFF RECOMMENDATION: 1) Adopt an interim zoning ordinance as an urgency measure, imposing a moratorium on the issuance of new permits for alcoholic beverage sales in the city (requires a four- fifths vote); 2) Adopt a resolution initiating an amendment of Title 17, Zoning, of the Moorpark Municipal Code, to include regulations pertaining to the permit and processing requirements to allow alcoholic beverage sales; 3) Direct staff to notice a public hearing, prepare a draft ordinance for extension of the interim ordinance, and to prepare a report describing the measures taken to alleviate the condition which led to the adoption of the ordinance, to be considered at a City Council public hearing on January 15, 1997. Mr. Miller stated that the City Attorney had suggested the following changes to the proposed ordinance: 1. Change Section 3 from: iii Minutes of the City Council Moorpark, California Page 16 December 4, 1996 "SECTION 3. For the period of time that this ordinance is in full force and effect, no application for an Administrative Permit to allow alcoholic beverage sales shall be accepted for filing with, or issued or approved by, the City." To read as follows: "SECTION 3. For the period of time that this ordinance is in full force and effect, no application for a permit to allow alcoholic beverage sales shall be accepted for filing with, or issued or approved by, the City, provided that this prohibition does not apply to the only currently pending application for the sale of alcoholic beverages." 2. Change Section 5 from: "SECTION 5. This Ordinance shall be effective immediately upon its adoption, and shall expire and be of no further force and effect as of January 4, 1996, unless sooner extended after notice pursuant to Government Code Section 65090 and a public hearing." To read: "SECTION 5. This Ordinance shall be effective immediately upon its adoption, and shall expire and be of no further force and effect as of January 18, 1997, unless sooner extended after notice pursuant to Government Code Section 65090 and a public hearing." Ms. Kane read the ordinance in its entirety. MOTION: Councilmember Wozniak moved and Councilmember Rodgers Teasley seconded a motion to 1) adopt urgency Ordinance No. 221 as amended above and read in its entirety. The motion carried by unanimous voice vote. MOTION: Councilmember Wozniak moved and Mayor Hunter seconded a motion to adopt Resolution No. 1256A initiating an amendment of Title 17, Zoning, of the Moorpark Municipal Code, to include regulations pertaining to the permit and processing requirements to allow alcoholic beverage sales; and diFect staff to notice a public hearing, prepare a draft ordinance for extension of the interim ordinance, and to prepare a Minutes of the City Council Moorpark, California Page 17 December 4, 1996 report describing the measures taken to alleviate the condition which led to the adoption of the ordinance, to be considered at a City Council public hearing on January 15, 1997. The motion carried by unanimous voice vote. 11. ORDINANCES: None. 12. CLOSED SESSION: MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to adjourn to Closed Session to discuss all items listed on the agenda. Mr. Kueny announced that three cases would be discussed under Item 12.B. 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 - 7) 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 - 7) C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Subdivision (a) of Section 54956.9 of the Government Code: Ali Z. Boukhari v. The City of Moorpark, Eloise Brown, Patrick Hunter, Bernardo M. Perez, Paul W. Lawrason Jr., and John E. Wozniak. 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 unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The`time was 12:00 a.m. 0,! Minutes of the City Council Moorpark, California Page 18 December 4, 1996 The Council reconvened into Closed Session at 12:05 a.m. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; Ken Gilbert, Director of Public Works; and Nelson Miller, Director of Community Development. The Council reconvened into Open Session at 1:20 a.m. Mr. Kueny stated only item 12.B. (three cases) was discussed and there is no action to report. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to direct staff to address and file criminal charges against Dominic Lara. The motion carried by unanimous voice vote. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to direct staff to address and file criminal charges against Josephine Hernandez. The motion carried by 4- 0 voice vote, Councilmember Perez abstaining. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to proceed with execution of Stipulation for Early Possession relative to Southern California Edison and an easement to allow the construction of a bridge across the Arroyo Simi. The motion carried by 5 -0 voice vote. 13. ADJOURNMENT: Mayor Hunter adjourned the 1996 at 7:00 p.m. ing at 1:25 a.m to December 11, rick ATTEST: , Mayor 4