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HomeMy WebLinkAboutMIN 1992 0205 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California February 5, 1992 A Regular Meeting of the City Council of the City of Moorpark was held on February 5, 1992 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: The Pledge of Allegiance was led by Councilmember Montgomery. 3. ROLL CALL: Present: Councilmembers Montgomery, Perez, Talley, Wozniak, and Mayor Lawrason. Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; Pat Richards, Director of Community Development; Lt. Dean, Sheriff's Department; Ken Gilbert, Director of Public Works; Mary Lindley, Assistant to the City Manager; Don Reynolds, Management Analyst; Charles Abbott, City Engineer; Dirk Lovett, Assistant City Engineer; David Baird, Building Official; Lillian Kellerman, City Clerk; Dorothy Vandaveer, Deputy City Clerk. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: Mayor Lawrason presented a proclamation to the Moorpark Methodist Church. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 6. PUBLIC COMMENT: A. Joseph Latunski, 289 Casey Road, spoke regarding the changes that have occurred in City administration in the past several years. Councilmember Perez requested that Mr. Latunski provide the Council with a copy of the prepared text of his comments. He wants to address some of the concerns that Mr. Latunski expressed. Minutes of the City Council Moorpark, California Page 2 February 5, 1992 B. Tony Simen, 726 Nogales Avenue, spoke as a resident of Virginia Colony, an area adjacent to the proposed site of paintball games. He spoke in opposition to the approval of this site for the games. Mr. Simen requested that this item be placed as an urgency item to this evening's agenda. Councilmember Wozniak said it is his intention to add this item to the agenda for the City Council meeting of February 8, 1992. C. John J. Aguirre, 14458 Colonia Avenue, spoke as a Virginia Colony resident. He spoke with regard to the proposed paintball games site and said he felt his concerns about traffic and safety were not given proper consideration by the Planning Commission. D. Karen Flock, 11011 Azahar Street, Saticoy, representing Cabrillo Economic Development Corporation, was present to answer questions regarding Consent Calendar item no. 8.R. E. Kathy Jackson, 6542 -D Marquette Street, spoke regarding a family entertainment center that she wishes to open in the Moorpark Town Center. She said the City staff advised her that the Conditional Use Permit for this business would be rejected due to the fact the classification of the business does not meet the parking requirements. She requested the Council review the parking ordinance and revise it. Councilmember Montgomery said that the Community Development Committee and City staff could meet with Mrs. Jackson to discuss revision of the classification of her business to possibly resolve this situation. F. Alan R. Walters, 5228 Longfellow Way, Oxnard, spoke in favor of the proposed site of the paintball games. He said they were held in the City previously and he sees no problem with the activity being resumed. G. Eloise Brown, 13193 Annette Street, spoke regarding item 8.K. on the agenda, Consider Preparation of Engineer's Reports for Moorpark Lighting and landscaping Maintenance Assessment District and the Moorpark Parks Maintenance Assessment District. She said she hopes the public will be aware of the public hearings that will occur in relation to this item. She encouraged the City Council to keep the parks maintenance costs to a minimum as costs are rising. Minutes of the City Council Moorpark, California Page 3 February 5, 1992 Mrs. Brown also questioned if the paintball games that were previously conducted in Moorpark were legal. She also indicated that she recently observed a City vehicle parked on the west side of Moorpark Avenue near High Street to allow the Code Enforcement Officer to walk to a nearby building. She said he should have parked legally and not tied up traffic at that site. H. Connie Lawrason, 4291 Ambermeadow Street, expressed concern about the blocking of the railroad crossings for long periods of time. She said she recently viewed an 18 -wheel vehicle maneuvering around the arms which were blocking traffic unnecessarily. In response to Councilmember Talley, Lt. Geoff Dean said the Sheriff's Department has contacted Southern Pacific with no cooperation. He said they need exact documentation as to when and how long the crossings are blocked so prosecution can begin for the violation. He confirmed that the legal limit for the crossings to be blocked is 10 minutes. Lt. Dean continued by saying the Sheriff's Department will compile the facts and will need witnesses who are willing to come forward and testify if necessary later on. Councilmember Perez suggested that perhaps the Moorpark News Mirror would participate in the gathering of information, also, due to the proximity of one of the crossings to their office. I. Gerry Goldstein, 11932 Los Angeles Avenue, said he took photographs of the railroad crossing one day recently and it was blocked for a total of 45 minutes. 7. COMMITTEE REPORTS: 8. CONSENT CALENDAR: (Roll Call Vote) MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to pull items 8.B., 8.D., 8.E., 8.H., 8.K., 8.0., 8.R., 8.5. and 8.U., and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of the Special City Council Meeting of January 8, 1992. Consider Approval of Minutes of the Regular Meeting of January 15. 1992. Minutes of the City Council Moorpark, California Page 4 February 5, 1992 Consider Approval of Minutes of the Special Meeting of January 15, 1992. Staff Recommendation: Approve minutes as processed. C. Consider Acceptance of Improvements to Los Angeles Avenue and Spring Road Sidewalks. Staff Recommendation: 1) Accept work as complete, 2) instruct City Clerk to file notice of completion, 3) authorize the release of the retention immediately following the 35 -day lien period. F. Consider PD 857 (Minor Modification No. 2) Request to Construct a Room Addition to an Existing Residence (Johnson). Staff Recommendation: Receive and file the report. G. Consider GTE Inc. vs. State Board of Equalization. County Superior Court Case No. 524330. Staff Recommendation: Receive and file the report. I. Consider Resignation of Michael Williams from the Ventura County Citizens Transportation Advisory Committee. Staff Recommendation: Receive and file the letter of resignation. J. Consider Resection of Fetherolf Claim. Staff Recommendation: Reject claim and authorize City Clerk to notify claimant. L. Consider Bond Exoneration for Tract 3019 and Tract 3525 (Warmington) Bond No. 931303S. Staff Recommendation: Authorize the City Clerk to exonerate Bond No. 931303S. M. Consider Resolution No. 92 -831 Prohibiting Overnight Parking in the Commuter Rail Parking Lot on the South Side of High Street. Staff Recommendation: Adopt Resolution No. 92 -831. N. Consider Approval of a Contract to Provide Contract Administration Services Related to the Design and Construction of Arroyo Vista Community Park. Staff Recommendation: 1) Approve the selection of PICON to provide Contract Administration services related to the design and construction of Arroyo Vista Community Park; 2) authorize the City Manager to sign necessary contract documents. (Budget Amendment from 05.4.147.903 - Community Zone) P. Consider Budget Amendment to Delete the Budgeted Position of Public Works Technician and Add a Management Analyst Position for the Public Works Department. Staff Recommendation: Approve position of Management Analyst for Public Works Department. Minutes of the City Council Moorpark, California Page 5 February 5, 1992 Q. Consider Approval of a Cooperative Agreement Between all of the Agencies in the Calleguas Creek Water Shed, Relative to the Development of Joint National Pollutant Discharge Elimination System (NPDES) Permit. Staff Recommendation: 1) Approve the concept of participating in the above described program; authorize the City Manager to approve the final language of the attached draft Agreement; 3) authorize the Mayor to execute the final Cooperative Agreement; and, 4) direct staff to report back to the City Council, at the appropriate time relative to the progress of the development of the proposed Implementation Agreement and other related matters. T. Consider Day Laborer Committee Status Report. Staff Recommendation: Receive and file the report. V. Consider Stipulations with Southern California Edison Pacific Bell, and Shell Oil Relative to Relocation of Utilities in Tierra Rejada Road. Staff Recommendation: Authorize the Mayor to execute the stipulations on behalf of the City. The following items were pulled from the Consent Calendar for individual consideration: B. Warrant Register FY 1991 -92 Manual Warrants 15354, 14362 - 14400 $ 151,633.39 Voided Warrants 16536 $ (3,692.08) Regular Warrants 16601 - 16757 $ 405,294.81 In response to Mayor Lawrason, Mr. Hare stated that the City's purchasing policy was to buy from companies within the City if they could provide the needed supplies or equipment unless the price outweighs the convenience and savings of picking up the item locally. MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to approve the Warrant Register. The motion carried by unanimous roll call vote. Minutes of the City Council Moorpark, California Page 6 February 5, 1992 D. Consider Acceptance of Traffic Signal and Street Improvements at Poindexter Avenue and Moorpark Avenue. Staff Recommendation: 1) Accept work as complete, 2) instruct City Clerk to file notice of completion, 3) authorize the release of the retention immediately following the 35 -day lien period. MOTION: Mayor Lawrason moved and Councilmember Wozniak seconded a motion to approve the staff recommendation to 1) Accept work as complete, 2) instruct City Clerk to file notice of completion, 3) authorize the release of the retention immediately following the 35 -day lien period. The motion carried by unanimous voice vote. E. Consider Abbrovina Resolution No. 92- 828 for Residential Planned Development 91 -2, Zone Change 91 -1, TT4792 Recommending Approval of a 196 Multi- Family Townhouse Development (Urban West Communities). Staff Recommendation: Approve Resolution No. 92 -828 approving RPD 91 -2, Zone Change 91 -1 and TT 4792. Mr. Kueny read a revision to Condition 19 of the Tentative Tract and Condition 109 of the RPD. The addition of the following sentence to both conditions: "This condition homeowners." MOTION: Mayor Lawrason seconded a motion to adopt addition read by the City unanimous voice vote. shall not apply to future moved and Councilmember Talley Resolution No. 92 -828 with the Manager. The motion carried by H. Consider Summary of Proposed Bylaws Amendment to Restructure SCAG Executive Committee. Staff Recommendation: Receive and file the report. Councilmember Perez said he felt that SCAG should base districts on commonalities among cities rather than population and asked the Council to authorize the Mayor to send a letter suggesting that Moorpark should be grouped with other Ventura County Cities. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to authorize the Mayor to respond to SCAG that districts should be organized based on commonalities rather than population and that Moorpark should be grouped with other Ventura County Cities. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 7 February 5, 1992 K. Consider Preparation of Engineer's Reports for Moorpark Lighting and Landscaping Maintenance Assessment District LAD 84 -2) and the Moorpark Parks Maintenance Assessment District (AD 85 -1) . Staff Recommendation: Adopt Resolutions 92 -829 and 92 -830 authorizing preparation of Engineer's Reports for FY 92/93 for AD 84 -2 and AD 85 -1; authorize Dwight French and Associates to prepare FY 92/93 Engineer's Reports for AD 84 -2 and AD 85 -1 for a fee not to exceed $9,200 ($6,200 for the reports plus a Not to Exceed Amount of $3,500 in reimbursable expenses) ; authorize City Manager to sign a letter of agreement with Dwight French and Associates for said services. Mr. Gilbert requested that the Council accept a revised Assessment engineering cost summary to the report. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to receive the additional written material. The motion carried by unanimous voice vote. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to approve the staff recommendation to adopt Resolutions 92 -829 and 92 -830 authorizing preparation of Engineer's Reports for FY 92/93 for AD 84 -2 and AD 85 -1; to authorize Dwight French and Associates to prepare FY 92/93 Engineer's Reports for AD 84 -2 and AD 85 -1 for a fee not to exceed $9,200 ($6,200 for the reports plus a Not to Exceed Amount of $3,500 in reimbursable expenses); and to authorize the City Manager to sign a letter of agreement with Dwight French and Associates for said services. The motion carried by unanimous voice vote. O. Consider Conceptual Design - East Peach Hill Drive - C. T. Financial (Carlsberg) . Staff Recommendation: Approve the revised alignment and section of Peach Hill Road with the accompanying condition. Mr. Kueny requested that the Council take action to table this item until later in the meeting. CONSENSUS: By consensus, the Council determined to Table this item until later in the meeting. S. Consider Report on South Meadows Park Tennis Court Rules. Staff Recommendation: Receive and file the report. Councilmember Perez requested that Rule 14 be revised that "play shall be limited to 30 minutes or completion of the set, whichever comes first, when players are waiting to play..." Minutes of the City Council Moorpark, California Page 8 h MOTION: Councilmember Perez Montgomery seconded a motion recommendation with an amendment the suggestion as stated by Coun motion carried by unanimous voic moved to to Rul cilmemb vote. e February 5, 1992 and approve e 14 co er Perez Councilmember the staff nsistent with above. The U. Consider Adjustment in Salary, Range for Director of Community Services and Public Works Director Positions. Staff Recommendation: Approve 5% adjustment in the salary ranges. In response to Councilmem the item with the addition of the options regarding brought back for the next CONSENSUS: that this consideratio be brought b a meeting. By co item n of t ck for nsensus, the with the he options discussion ber Wozniak, M al information supervisory pc regularly sc Mr Kueny said that on consideration sitions could be eduled meeting. Council determined to direct additional information on regarding supervisory positions at the next regularly scheduled R. Consider Extension of Cabrillo Economic Development Corporations's (CEDC's) Agreement for Securing an Affordable Housing Site. Staff Recommendation: Extend the agreement for twelve months and adopt revised program budget. Councilmember Perez left the dais because of a possible conflict of interest. Mayor Lawras identif icati o costly than t City must be i funds for th on said he was n of sites for he acquisition extremely care s project. conc e affor of the ful in rned that se dable housing property. He the allocation arch and was more said the of CDBG MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to approve the staff recommendation to authorize the City Manager to sign an extension of the existing CDBG agreement between the City and CEDC revising the term to January 17, 1993, and adjust the budget to accommodate for $50,000 in funds for land search, and $25,000 for pre - development costs. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 9 9. PUBLIC HEARINGS: February 5, 1992 A. Consider a Report Regarding a Proposed Adjustment to Building and Safety Fees Plus a Discussion and Consideration Regarding a Minimum Level of Service Provided by Building and Safety. Staff Recommendation: Approve the recommended Building and Safety fee increase Resolution 92 -832, and minimum level of service provided by Building and Safety. Mr. Richards gave the staff report. Mayor Lawrason opened the public hearing. There being no speakers, Mayor Lawrason closed the public hearing. Councilmember Perez requested a report back in three months as to whether this change was effective. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to approve the staff recommendation to increase Building and Safety fees; establish new fees regarding geology and soils reviews and pre -plan check review; a two -tier range of valuations for residential construction; and the establishment of a valuation surcharge for complex foundation systems; and approve Resolution 92 -832 with the addition of a preplan check review fee not to exceed a three hour charge based upon the inspections rate. The motion carried by unanimous voice vote. B. Consider Revisions to City Land Use Development Fees (Resolution No. 91 -734). Staff Recommendation: Rescind Resolution No. 91 -734, and adopt the revised fees and fee schedule presented in Attachment "A"; Resolution No. 92 -833. Mr. Reynolds gave the staff report. He indicated that he received a call from the Building Industry Association who did not object to staff's recommendation regarding the revised fees and fee schedule. Mayor Lawrason opened the public hearing. There being no speakers, Mayor Lawrason closed the public hearing. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to approve the staff recommendation to rescind Resolution No. 91 -734 and adopt Resolution No. 92 -833. The motion carried by unanimous roll call vote. Minutes of the City Council Moorpark, California Page 10 February 5, 1992 C. Consider a Request by Conejo Ready Mix, Inc. for Conditional Use Permit No. 706, Minor Modification No. 4. Staff Recommendation: Continue to the meeting of February 19, 1992. Councilmember Wozniak left the dais because of a possible conflict of interest. Mr. Richards said staff recommended continuance to the City Council meeting of February 19, 1992. Mr. Britt Munroe, Conejo Ready Mix, indicated the applicant's concurrence to the continuance. In response to Mayor Lawrason, Ms. Kellerman stated that no speaker cards had been received for this item. MOTION: Councilmember Montgomery moved and Mayor Lawrason seconded a motion to continue this item until the February 19, 1992 City Council meeting. The motion carried by unanimous voice vote. D. Consider Vesting Tentative Tract Map No. 4785 and 4786 - C.T. Financial (Carlsberg). Staff Recommendation: Concur with applicant's request for two week postponement. Mr. Richards said the applicant had requested a two week continuance. In response to Mayor Lawrason, Ms. Kellerman stated that no speaker cards had been received for this item. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to continue this item to the February 19, 1992 meeting. The motion carried by unanimous voice vote. 10. COMMENTS FROM COUNCIL MEMBERS: Eric Wozniak was wished a happy birthday by his father Councilmember Wozniak and Councilmember Montgomery. Councilmember Montgomery said that after reviewing the Planning Commission meeting of Monday evening, he felt that the Planning Commission was much more restrictive in taking public comment than the Council and urged the Planning Commission to review their procedure in this area. Minutes of the City Council Moorpark, California Page 11 11. ACTION /DISCUSSION ITEMS: February 5, 1992 A. Consider Possible Service Adjustment for Building and Safety Services. Staff Recommendation: Reduce available hours for inspection services. (Continued Item ll.A. from 1/15/92). Mr. Kueny recommended the limitation of the Building Inspector's hours in the office to two hours, two days a week -- suggesting perhaps 8:30 - 10:30 a.m. Tuesdays and Thursdays. He recommended an implementation date of February 18, 1992 and publication of the change. Mr. Kueny said this matter could be referred to the Budget and Finance Committee and a report back to the full Council scheduled for the regular meeting of February 19. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to approve the staff recommendation made by the City Manager to reduce the available hours for inspection services by the Building and Safety Department Inspector to 2 hours, two days a week, with an implementation date of Tuesday February 18. The motion carried by unanimous voice vote. B. Consider Approval of a Mandatory Refuse Collection Enforcement Policy. Staff Recommendation: Approve the Mandatory Refuse Collection Policy upon revision of the refuse agreements and direct staff to review the refuse agreements identifying the haulers, as agents of the City. Mary Lindley gave the staff report. In response to Councilmember Talley, Ms. Lindley indicated that it is not staff's intent to pass any service charge on to the customer. She said those in noncompliance would be held accountable to the City. Councilmember Montgomery said he would like a formal commitment on the part of the haulers that they will not charge the City for acting in the capacity of agent for collection of refuse payments. He suggested this matter be referred back to the Council committee with direction to discuss the enforcement procedure with the haulers and staff before coming back to Council with a report. In response to Councilmember Montgomery, Mayor Lawrason suggested that the committee consider a mechanism for exceptions to compliance to appeal the enforcement issue. Minutes of the City Council Moorpark, California Page 12 February 5, 1992 MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to direct staff to implement an informational campaign to inform residents of the requirements of the City's Solid Waste Ordinance and to meet with the City's franchise haulers and then the Public Works/ Facilities Committee to revise the refuse contracts, identifying the haulers as agents of the City and to report back to Council with a refuse collection enforcement policy to consider including an appeal process for those exceptions which may become apparent in the enforcement phase. The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 9:10 p.m. The meeting reconvened at 9:35 p.m. C. Consider Mobile Household Hazardous Waste Program. Staff Recommendation: Decline the City's participation in the Mobile Household Hazardous Waste Collection Program. Mary Lindley gave the staff report. In response to Councilmember Perez, Ms. Lindley said the City needs to implement the program by 1995 and will have the option to participate in a possible Countywide program at a later time if the City declines to participate now. Councilmember Montgomery commented that this is a very expensive program and said the City is trying to identify one or two locations within our City to receive recyclable hazardous material such as motor oil at a much lower cost. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to decline City participation in the Mobile Household Hazardous Waste Collection Program. The motion carried by unanimous voice vote. D. Consider Discussion of Available Options to Pursue the Possible Construction of Block Walls Along the Rear of Properties Located on Sherman Avenue (North Side of Los Angeles Avenue East of Sprinq Road) . Staff Recommendation: That the Council determine the funding source and appropriate $10,000 to cover costs for project design development. Ken Gilbert gave the staff report. Councilmember Perez recommended that Caltrans be contacted again as a possible funding alternative. Minutes of the City Council Moorpark, California Page 13 February 5, 1992 Councilmember Montgomery commented that the Redevelopment Agency could be identified as an appropriate funding source. He continued by stating that the Los Angeles Area of Contribution could be the loaning source until such time as the Redevelopment Agency could repay the loan. Councilmember Wozniak agreed that funding from Caltrans for this project should be pursued further. He indicated that the property owners are anxious for this project to proceed and he agreed that a loan from the Los Angeles Area of Contribution fund is the appropriate funding source if Caltrans is not a viable alternative. In response to Mayor Lawrason, Councilmember Montgomery said it is the responsibility of the City to replace the wall as the City is the party who removed the landscaping which had been there previously. He indicated that the City is obligated to replace the buffer for privacy and security reasons. Councilmember Perez said he agreed that the Los Angeles Avenue Area of Contribution fund should be the funding source for the loan until such time that the Redevelopment Agency becomes active. In response to Councilmember Montgomery, Mr. Kueny clarified that the requested $25,000 would also cover the initial design costs and that the planned landscaping adjacent to the wall was funded from the Los Angeles Area of Contribution. CONSENSUS: By consensus, the Council determined to allow Eloise Brown to address the Council on this subject. Eloise Brown, 13193 Annette Street, urged the Council to direct staff to pursue the funding from Caltrans as an alternative. She indicated that there may be funds set aside for this that are not readily apparent. Mrs. Brown also indicated that the Council needs to meet as the Redevelopment Agency to consider the loan that would be repaid from Redevelopment funds to the Los Angeles Avenue Area of Contribution. Minutes of the City Council Moorpark, California Page 14 February 5, 1992 MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the limits of the project as shown on Exhibit 2 of the staff report, to appropriate $25,000 from the Los Angeles Avenue Area of Contribution (AOC) Fund 27 (27.4.142.903) as a loan to the Redevelopment Agency until such time as Redevelopment monies are available to repay the loan; to direct staff to proceed with the preparation of a preliminary design and cost estimate for the project; to direct staff to obtain from all affected property owners signed statements acknowledging future responsibility for the maintenance of the block wall and signed Right -of -Entry Permits for use during construction of the project; to direct staff to bring back before the City Council within sixty days, the project preliminary design and cost estimates; to direct staff to prepare a letter for the Mayor's signature to Caltrans stating the appropriateness of Caltrans funding this project. The motion carried by unanimous roll call vote. E. Consider Housing Assistance Program. Staff Recommendation: Approve Housing Assistance Program. Richard Hare gave the staff report. Councilmember Montgomery clarified that this assistance is being offered only to employees of the City of Moorpark and not to the elected or appointed officials. Councilmember Perez requested that he be provided a copy of the Community Reinvestment Act which shows that this program meets that criteria. He also indicated that his only concern is that the program is being offered to selective positions within the City and not to all employees. Councilmember Montgomery explained that ultimately it would be wise to consider making this program available to all employees of the City, but due to cost constraints that cannot be done at this time. Councilmember Talley stated that for the record this program is not to benefit City officials, Councilmembers or Commissioners, and that he, too, would like to see the program extended to all City employees in the future. Minutes of the City Council Moorpark, California Page 15 February 5, 1992 MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to approve the program parameters as provided by staff and to direct the City Manager to implement the program as stated in the staff report. Additionally, the City Attorney will approve the documents as to form and may advise additional restrictions dependent upon the circumstances of the agreement. The motion carried by unanimous roll call vote. F. Consider Agreement with Thomas M. Volk Associates for Property Management Services for VCTC Owned High Street Property. Staff Recommendation: Approve service agreement for cost not to exceed $2500 and appropriate $2500 from General Fund reserve. Mr. Kueny gave the staff report. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to appropriate $2,500 from the General Fund Reserve (01.4.117.641) and authorize the City Manager to sign a contract with Thomas M. Volk and Associates for the above referenced services at a cost not to exceed $2,500. The motion carried by unanimous roll call vote. 12. ORDINANCES: None. 13. FUTURE AGENDA ITEMS: Councilmember Wozniak requested that an item be added to the Special Meeting of Saturday, February 8, 1992, to allow the Council to consider appealing the Planning Commission action approving CUP 91 -1 (Forester) regarding paint ball games. Councilmember Perez requested an analysis of the City Council portion of the City Budget. ACTION /DISCUSSION: O. Consider Conceptual Design - East Peach Hill Drive - C T. Financial (Carlsberg). Staff Recommendation: Approve the revised alignment and section of Peach Hill Road with the accompanying condition. Mr. Kueny gave the staff report. He stated that regarding the condition referenced in the staff report, providing only 14 parking spaces on the north side of Peach Hill Road east of the school entrance, should be amended to allow for the maximum number of parking spaces. "To provide for parking" should be deleted from the Condition and the length of the left turn storage Minutes of the City Council Moorpark, California Page 16 February 5, 1992 lane should be followed by the added language "as determined by the Public Works Director" and the rest of that existing sentence deleted. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to receive and file the report as amended by the City Manager. The motion carried by unanimous voice vote. 14. CLOSED SESSION: MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to adjourn to Closed Session for a discussion of all items listed on the agenda: A. Personnel. B. Potential litigation pursuant to Government Code Section 54956.9(b) (1) C. Potential litigation pursuant to Government Code Section 54956.9(c) D. Litigation concerning Ventura County Community College District vs. City of Moorpark. E. Litigation concerning the County of Ventura vs. City of Moorpark. F. Litigation concerning the Moorpark Mosquito Abatement District vs. City of Moorpark. G. Negotiations for Real Property at 280 Casey Road (Moorpark Unified School District) pursuant to Government Code Section 54956.8. H. Negotiations for Real Property on Los Angeles Avenue (East) pursuant to Government Code Section 54956.8. I. Litigation concerning Conejo Freeway Properties, LTD. vs. City of Moorpark. J. Litigation concerning City of Moorpark vs. Camrosa Water District. K. Litigation concerning City of Moorpark vs. Pacific Bell. L. Litigation concerning City of Moorpark vs. Southern California Edison Company. M. Litigation concerning City of Moorpark vs. Shell Oil Company. Minutes of the City Council Moorpark, California Page 17 February 5, 1992 N. Negotiations for Real Property for Arroyo Vista Community Park pursuant to Government Code Section 54956.8. O. Negotiations for Real Property on the South Side of High Street (Southern Pacific /VCTC) pursuant to Government Code Section 54956.8. P. Negotiation for Real Property at the Moorpark Community Center site pursuant to Government Code Section 54956.8. The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 10:35 p.m. The Council reconvened into Closed Session 10:48 p.m. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; and Cheryl Kane, City Attorney; and Pat Richards, Director of Community Development. Councilmember Wozniak left the Closed Session at 11:24 p.m. and returned at 11:26 p.m. Mr. Richards left the closed Session at 11:26 p.m. The meeting reconvened into Open Session at 12:22 a.m. Mr. Kueny stated that there was no action to report out of Closed Session and only items 14.A. 14.B., 14.C., 14. F., 14.I., and 14.0. were discussed. 15. ADJOURNMENT: MOTION: Councilmember Talley moved and Councilmember Perez seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 12:22 a.m. Paul W. Ldwrason Jr.; Mayor