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HomeMy WebLinkAboutMIN 1993 0421 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California April 21, 1993 A Regular Meeting of the City Council of the City of Moorpark was held on April 21, 1993 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 7:21 p.m. 2. PLEDGE OF ALLEGIANCE: Councilmember Montgomery led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Hunter, Montgomery, Perez, Wozniak and Mayor Lawrason Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; Jim Aguilera, Director of Community Development; Charles Abbott, City Engineer; Lieutenant Dean, Sheriff's Department; Mary Lindley, Assistant to the City Manager; Dirk Lovett, Assistant City Engineer; Chris Adams, Director of Community Services; Ken Gilbert, Public Works Director; Don Reynolds, Administrative Services Manager; Debbie Traffenstedt, Senior Planner; Lillian Hare, City Clerk; and Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Proclaim week of May 3rd Public Service Recognition Week. Mayor Lawrason read the proclamation. B. Proclaim week of May 2 -8 as Annual Clean Air Week. Mayor Lawrason presented the proclamation to Trudy Reynolds, representing the American Lung Association. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Wozniak requested that an item regarding the closure of the East Valley Jail facility be added to the agenda, the need for action having arisen after the posting of the agenda. Minutes of the City Council Moorpark, California 2 April 21, 1993 MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to add to the agenda Consideration of the Closure of the East Valley Jail Facility, need having arisen after the posting of the agenda. The motion carried by unanimous voice vote. 6. PUBLIC COMMENT: Frank Hilton, 15750 Los Angeles Avenue, #23, addressed the Council regarding the special election held on April 13, 1993. He thanked the Council for their support and commended the City Attorney for her impartial analysis which appeared on the ballot. Ken Sherman, 15460 Draceana Avenue, addressed the Council regarding the landscaping at Flory School and other Pride Day achievements. He invited the community to participate Saturday morning in helping paint and clean. John Heck, 72 Moody Court, Thousand Oaks, representing Valcon Engineering, Inc., addressed the Council protesting the manner in which the survey consultant was chosen for the Tierra Rejada Road widening project. He requested that Item 8.L. be pulled from the Consent Calendar and that Valcon be reinstated on the project. He requested that the Council receive the additional material which he provided to the City Clerk. He stated that he felt the City was in violation of the Government Code. In response to Councilmember Montgomery's question, Mr. Heck indicated that he could not answer at this time whether or not Valcon would seek remedy if the bid was awarded to someone else. CONSENSUS: By consensus, the Council determined to accept the material provided by Valcon during discussion of that item later in the meeting. Barb Loczi, 11658 Blossomwood Court, representing MACC, addressed the Council. She said that MACC appreciated the input and information provided by the City Council and Rori Skei and Roseann Mikos. She said that MACC has responded by determining that the public wants this concert, but not in the present location. She said MACC wants to cooperate with all those involved and would look for a more manageable site. Minutes of the City Council Moorpark, California 3 April 21, 1993 Patty Waters, 10865 Broadway, spoke as President of MACC. She explained that MACC was raising funds for a stadium, not a football field. She explained that many sports will be played in the stadium and that the proposed concert was to obtain funds for that community project. Gloria Nainoa, 12685 Crystal Ranch Road, spoke regarding the Cinco de Mayo celebration. She thanked the Council for supporting Cinco de Mayo again this year and, also, Shelly Shellabarger for her help. She said the activities will take place on May 1. Mrs. Nainoa continued by introducing Gina Madrid, Miss Cinco de Mayo. Miss Madrid introduced the candidates for this year's Miss Cinco de Mayo Pageant, Nora Reynoso, Leticia Villa, Xochitl Covarrubias, Gloria Rios, Erica Morales, Carmen Tamayo, Veronica Morales, Linda Carrasco. Eloise Brown, 13193 Annette Street, addressed the Council regarding the proposed library benefit assessment district. She said benefit assessment districts are becoming more numerous and they circumvent Proposition 13. 7. COMMITTEE REPORTS: Councilmember Montgomery commented on the recent tour of Happy Camp and the Messenger property undertaken by the Santa Monica Mountains Conservancy. He noted that many citizens had been present to take the tour. Councilmember Wozniak indicated that there were still banners for sale for the Tenth Anniversary of the City. 8. CONSENT CALENDAR (Roll Call Vote): MOTION: Councilmember Wozniak moved and Councilmember Hunter seconded a motion to pull Items B.A., Minutes of the Special Meeting of April 7, 1993, 8.G., B.K. and S.L. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Minutes of the Adjourned Regular Meeting of the City Council of March 24, 1993. Consider Minutes of the Regular Meeting of the City Council of March 17, 1993. Staff Recommendation: Approve the minutes as processed. Minutes of the City Council Moorpark, California B. Warrant Register FY 1992/93 4 April 21, 1993 Manual Warrants 19810 - 19821, 19952 -19953 $ 87,449.95 Voided Warrants 19800, 19953 $ (135.00) Regular Warrants 19954 -20056 $ 500,113.86 C. Consider Cooperative Agreements between the City of Moorpark and Caltrans for the design and construction of improvements to L.A. Avenue (SR 118) in conjunction with Assessment District 92 -1 (Mission Bell Plazal. Staff Recommendation: 1) Approve District Cooperative Agreements Numbers 4093 and 4132; 2) Authorize the Mayor to sign the necessary contract documents. D. Consider Forming the Moorpark Public Financing Authority. Staff Recommendation: Adopt Resolution No. 93 -934, Authorizing the Formation of the Moorpark Public Financing Authority with the Redevelopment Agency of the City of Moorpark. E. Consider Approval of the Issuance and Sale of Tax Allocation Bonds by the Redevelopment Agency of the City of Moorpark (Agency). Staff Recommendation: Adopt Resolution No. 93 -935, Determining that the Issuance and Sale of Tax Allocation Bonds by the Agency is of Benefit to the City of Moorpark; Approving the Issuance and Sale of Such Bonds and Ratifying Actions Taken in Relation Thereto in furtherance of the Redevelopment Plan for the Moorpark Redevelopment Project. F. Consider ADDroval of a Chanae Order to the Contract for the Construction of an Asphalt Overlay on Peach Hill Road and Tierra Rejada Road by Adding Work on Campus Park Drive. Staff Recommendation: Staff and the Public Works, Facilities and Solid Waste Committee recommend that the City Council: 1) Approve the proposed change in the scope of work to include the overlay of a portion of Campus Park Drive; 2) Approve an increase in appropriations from the Gas Tax Fund and an adjustment to the budgeted amount for the project from $334,000 to $404,000; 3) Approve a ten per cent contingency for the project and authorize the City Manager to approve additional work, if required, not to exceed ten per cent (10 %) of the revised contract price. Minutes of the City Council Moorpark, California 5 April 21, 1993 H. Consider Acceptance of Grant Deeds for Right -of -Way for Assessment District 92 -1 (Mission Bell) . Staff Recommendation: Accept Grant Deeds and direct City Clerk to record them. I. Consider Certification of the Special Election Held on April 13, 1993 Relating to the Passage of Ordinance No. 153 - Amending the Moorpark Municipal Code Relative to Vacancy Rent Control in Mobilehome Parks. Staff Recommendation: Certify the election and adopt Resolution No. 93 -936 declaring Ordinance No. 153 effective by reason of a majority vote of the people. J. Consider Support for Assembly Bill 423, Hazardous Waste Enforcement. Staff Recommendation: That the Council direct the Mayor to send a letter to the appropriate State Assembly Committee expressing the City's support for AB 423. The following items were pulled from the Consent Calendar for individual consideration. A. Consider Minutes of the Special Meeting of the City Council of April 7. 1993. Councilmember Wozniak indicated that he was absent from the meeting and would absent himself from voting. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the minutes of the special meeting of the City Council of April 7, 1993. The motion carried by voice vote 4 -0, Councilmember Wozniak absent for the vote. G. Consider Authorization to Advertise for Receipt of Bids for the Construction of Sidewalks on Streets in the Vicinity of Flory Elementary School. Staff Recommendation: Approve the design plans for the subject projects and authorize staff to advertise for receipt of bids for the subject project. Mayor Lawrason indicated that this was a significant Public Works project, a milestone. MOTION: Mayor Lawrason moved and Councilmember Wozniak seconded a motion to approve the staff recommendation to approve the plans and specifications for the subject project and to authorize staff to advertise for receipt of bids. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California 6 April 21, 1993 K. Consider a Comprehensive City Customer Service Program. Staff Recommendation: Receive and file the report. Mayor Lawrason indicated that the Assistant to the City Manager had prepared an excellent report. He stated for the benefit of the public that this is a process the staff has been exploring and a process that staff has implemented. Councilmember Perez suggested having surveys available to the public at city -wide events. CONSENSUS: By consensus, the Council determined to provide surveys at citywide events. MOTION: Mayor Lawrason moved and Councilmember Wozniak seconded a motion to receive and file the report. The motion carried by unanimous voice vote. L. Consider Approval of Construction Engineering and Surveying Services for the Tierra Rejada Road Widening Project. Staff Recommendation: 1) Authorize the City Manager to approve an Additional Services Authorization to Willdan Associates for Contract Administration and Inspection services required for the subject project for a fee amount of $149,500; 2) Approve the selection of Benner and Carpenter to perform construction surveying services for the subject project for a fee Not to Exceed $46,000 and authorize the Mayor to execute related contract documents; 3) Approve a ten percent (10 %) contingency for the above work and authorize the City Manager to approve additional work for an amount Not to Exceed ten percent (10 %) of the contract price. CONSENSUS: By consensus, the Council determined to table this item for consideration and discussion during Closed Session. AT THIS POINT in the meeting, the Council recessed to convene the Moorpark Public Financing Authority. The time was 8:25 p.m. The City Council meeting reconvened at 8:30 p.m. Minutes of the City Council Moorpark, California 7 April 21, 1993 9. PUBLIC HEARINGS: A. CUP 92 -3, Variance No. 92 -3 - Community Christian Church, Proposal to Use a 20,696 Parcel Containing a 10,980 Square Foot Industrial Building as a Church Facility and a Variance for AoDrovina Additional Off - Street Parkina Adjacent to the Proposed Property. Staff Recommendation: Continue to June 16, 1993. (Continued Item 9.B. from 2/17/93; Item 9.A. from 3/3/93; Item 9.A. from 3/17/93) After clarification, that the continued to date should be June 2, 1993, the following motion was heard: MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to continue this item to June 2, 1993. The motion carried by unanimous voice vote. B. Consider an Ordinance Amending the Moorpark Zoning Ordinance by Adding Article 16, Density Bonus Provisions, and Revising Sections 8103 -1.3 and 8109 -2.3 Pertaining to Residential Planned Development (R -P -D) Zone Density and Development Standards. Staff Recommendation: Adopt an ordinance amending the Moorpark Zoning Ordinance by adding Article 16, Density Bonus Provisions, and revising Sections 8103 -1.3 and 8109 -2.3 pertaining to R -P -D Zone density and development standards and introduce the ordinance for first reading. Ms. Traffenstedt gave the staff report. Mayor Lawrason opened the public hearing. As there were no speakers, Mayor Lawrason closed the public hearing. Ms. Kane read the ordinance title. MOTION: Councilmember Hunter moved and Councilmember Perez seconded a motion to read the ordinance title only. The motion carried by unanimous voice vote. MOTION: Councilmember Hunter moved and Councilmember Perez seconded a motion to waive further reading and declare Ordinance No. 163 introduced for first reading. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California 8 10. COMMENTS FROM COUNCIL MEMBERS: April 21, 1993 A. Consider Rescheduling Joint Meeting with the Planning Commission. CONSENSUS: By consensus, the Council determined to reschedule the joint meeting to May 17, 1993. 11. ACTION /DISCUSSION ITEMS: A. Consider Administrative Procedure for the Dismissal of Handicap Parking Citations for Failure to Properly Display the Disabled Person Parking Placard and Adopt Resolution 93 -937. Staff Recommendation: City Council authorize staff to consider the administrative dismissal of parking citations relating to designated handicap parking spaces, using the draft policy as presented and adopt Resolution 93 -937, adopting the $30 fee for repeat offenders. (Continued Item B.O. from 4/7/93) Mr. Reynolds gave the staff report. In response to Councilmember Hunter, Mr. Reynolds said that no charge would be assessed for the first violation. He said the intent was that the second violation would be $30.00. Mr. Reynolds indicated that the resolution should be revised in Section A. to read "No fee will be applied to the first request to cancel or dismiss a citation that resulted from the failure of the person issued the placard to properly display it during any consecutive twelve months. A fee of $30.00 shall be similarly paid to the City upon the second request of this nature made during the same consecutive twelve month period. A fee of $60.00 shall be similarly paid to the City upon the third request....." MOTION: Councilmember Hunter moved and Councilmember Montgomery seconded a motion to adopt Resolution No. 93 -937 as amended by Mr. Reynolds, authorizing staff to consider the administrative dismissal of parking citations relating to designated handicapped parking spaces. The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 8:55 p.m. The Council reconvened at 9:15 p.m. Minutes of the City Council Moorpark, California 9 April 21, 1993 B. Consider Ordinance Eliminating Smoking in Work Places and Enclosed Public Places - City of Moorpark. Staff Recommendation - Review the attached proposed ordinance and provide staff and the City Attorney with appropriate direction concerning the adoption of said ordinance. (Continued Item 11.G. from 4/7/93) Mr. Aguilera gave the staff report. In response to Councilmember Perez, Mr. Aguilera said it might be a good idea to plan discussions with the business community before taking final action on this ordinance. In response to Councilmember Wozniak, Ms. Kane responded that she had not yet had a chance to fully review the ordinance. Councilmember Wozniak indicated that this item should be agendized as a public hearing after the City Attorney's full review of the entire document. Mayor Lawrason indicated that he had been recently quoted on this subject in the newspapers. He said he did believe there was a need for further public input, but that he was in favor of doing something now regarding the ordinance. In response to Councilmember Hunter, Mr. Aguilera said that this model ordinance had been taken from the American Cancer Society. Mr. Hunter indicated that the definition of cocktail lounge and bar should be clarified and that an age restriction should be included in the language for both a cocktail lounge and a bar. John Gustafson, 79 High Street, spoke as the owner of the Whistle Stoppe Restaurant. He spoke in opposition to the proposed smoking ordinance. He indicated that he supports the idea of soliciting more public input on the issue. Ernest Bergman, 600 Spring Road, spoke as Chairman of the Moorpark Chamber of Commerce's Restaurant Committee. He said he is opposed to the smoking ordinance because of the impact it will have on local businesses. Minutes of the City Council Moorpark, California 10 April 21, 1993 Jere Robings, 4435 McGrath Street, #304, Ventura, said he is representing the Ventura County American Heart Association. He spoke in favor of adoption of the smoking ordinance. Francis Okyere, 530 Moorpark Avenue, spoke as President of the Moorpark Chamber of Commerce. He said the smoking ordinance should not be passed because it will negatively impact the local business community. Councilmember Montgomery suggested the Council consider the following: that section 8.32.080 be deleted in its entirety. The removal of number 8 on page 6 (bar) . Page 3 number 3, cocktail lounge means a bar, bar shall be changed to "area" or some other appropriate word. He further suggested that the City Attorney needed to determine the legitimacy and the legality of the ordinance. He requested that Home Occupation Permits be exempted and that a public hearing be set for the second meeting in May. He also suggested that notification be done as per the City's usual practice and in addition a direct mail to the businesses in the City including the HOP's and an insert in the local newspaper. In response to the City Manager's question, Debi Ryono replied that an approximate cost for inserting flyers would be $125 and would reach 4,000 households. CONSENSUS: By consensus, the Council determined to provide notice as per its usual practice with an additional direct mailing to all business registration permittees and to cause the insertion of a flyer in the Moorpark News Mirror to run twice and to set a public hearing for May 19 with the City Attorney to review the proposed ordinance. Mr. Kueny noted that it was time to reorder the agenda. The time was 10:29 p.m. CONSENSUS: By consensus, the Council determined to hear item 11.D. following Item 11.H. and to continue with the rest of the agenda as outlined. C. Consider a Requirement to Allow Certificate of Condition Compliance No. CCC 92 -1 (Mark McQueen) Prior to Payment of Off -Site Improvements. Staff Recommendation: Direct staff as deemed appropriate. (Continued Item 11.H. from 4/7/93) Minutes of the City Council Moorpark, California 11 April 21, 1993 Mr. Aguilera indicated that staff had been able to come to an agreement with Mr. McQueen. Mr. McQueen will apply for a zoning clearance prior to the City issuing a Certificate of Compliance and he will also pay for a building permit and will have twelve months to pay the $5,000 fee for the road improvements on the Wicks Road frontage of the lot. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to take this item off calendar. The motion carried by unanimous voice vote. E. Consider Assembly Bill 566, Library Assessment District. Staff Recommendation: Direct staff as deemed appropriate. Ms. Lindley gave the staff report. Mayor Lawrason indicated that this was probably the beginning of other potential benefit assessment districts. Dixie D. Adeniron, 4274 Telegraph Road, Ventura, spoke as Director of the Ventura County Library Services Agency. CONSENSUS: By consensus, the Council determined to waive their Rules of Procedure and receive information from Ms. Adeniron regarding this item. She addressed the financial impact of the State budget cuts on the operations of the Ventura County Library Services Agency. She indicated that they have been directed to prepare a budget at a 25% reduction level. She explained that at this level the Agency will lose 50 employees out of the current 118 and that Moorpark's library hours of operation could be reduced to 16 hours per week. She requested the Council's endorsement of Senate Bill 566. In response to Councilmember Montgomery, Ms. Adeniron said the proposed library expansion of the Moorpark facility is still scheduled to take place, but she could not provide a timeline. She continued by stating that volunteers in the library are not a feasible manpower alternative as it takes a skilled and trained staff to operate the library. Minutes of the City Council Moorpark, California 12 April 21, 1993 Jere Robings, 4435 McGrath Street, #304, spoke representing the Ventura County Alliance of Taxpayers. He indicated that he is supportive of library services and that the problem of funding lies with the State Legislature. He said property owners believe their property taxes are protected by Proposition 13, but assessment districts like this one can defeat that protection. Allen Langville, 12024 Silvercrest Street, spoke as a citizen of Moorpark and employee of the Library Agency. He requested that the Council support Senate Bill 566. Councilmember Montgomery commented that SB566 is a tool that legislators will use to cut the library budget. He said the City should register their absolute opposition, but that if it went forward he would recommend the following: 1) The required protest by property owners threshold be lowered to 5% from 10% before officials can levy the assessment without an election; 2) restore the ability of the cities to withdraw from the district and take their property tax with them. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to authorize the Mayor to sign a letter opposing the bill and indicating that if the bill were to be passed, it should at least allow 1) the required protest by property owners threshold be lowered to 5% from 10% before officials can levy the assessment without an election; 2) restore the ability of the cities to withdraw from the district and take their property tax with them; the letter to be sent to the State Legislator and the League of California Cities and to neighboring cities. The motion carried by unanimous voice vote. F. Consider Endorsement of Moorpark Chamber of Commerce Business Buildina Business IRRRI Prnnram anA r�- 0uUii5ur511lp of 5nop Moorparx Campaign. Staff Recommendation: Endorse Moorpark Chamber of Commerce Business Building Business Program and co- sponsor SHOP MOORPARK Campaign. Mr. Kueny gave the staff report. Minutes of the City Council Moorpark, California 13 April 21, 1993 MOTION: Councilmember Montgomery moved and Councilmember Hunter seconded a motion to approve the staff and Economic Development /Affordable Housing Committee recommendation to endorse the Moorpark Chamber of Commerce and Business Building Business Program; to co- sponsor with the Moorpark Chamber of Commerce the SHOP LOCAL campaign consistent with the report dated April 16, 1993; and to approve the use of $1,500 of Gann Funds for the SHOP MOORPARK signs. The motion carried by unanimous roll call vote. G. Consider Citv Contribution Toward Certain Capital Costs to Establish a Community Garden at the Presbyterian Church at the Southeast Corner of Spring Road and Peach Hill Road. Staff Recommendation: Direct staff as deemed appropriate. Mr. Gilbert gave the staff report. He indicated that he had been unable to contact Urban West regarding the volunteer disking of the proposed garden site. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the City contribution for water and disking if needed and to defer the fencing. The $500 appropriation to come from the General Fund Reserve. The motion carried by unanimous roll call vote. H. Consider Request to Release Improvement Surety Prior to Installation of Improvements for PD -1065 ( Velasguez). Staff Recommendation: Direct staff as deemed appropriate. Councilmember Wozniak indicated he had requested this item be placed on the agenda. Colin Velasquez, 1078 Mellow Lane, Simi Valley, addressed the Council saying he would like to have the street returned to him. He said he has a $35,000 letter of credit on file with the City for a street that will not be built in the future. He said he would like the return of his letter of credit and he would like to use that street area for additional parking. He said he would not be opposed to the City placing a condition of approval that he can't build on it for a certain number of years. Councilmember Montgomery requested placing a condition similar to the one placed on the Coptic Church. Mr. Kueny said that adequate circulation may be possible without this street, but the City could not answer that Minutes of the City Council Moorpark, California 14 April 21, 1993 question without a study. He suggested having the property owner and possibly others perform a study on the circulation issues and the need for this street. Councilmember Montgomery suggested the Planning Commission conduct a study and make a recommendation on the alignment of the streets or a recommendation for no street at all. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to direct staff to provide the condition used for the Coptic Church to Mr. Velasquez so that he might study it and to continue this item to the May 5, 1993 City Council meeting. The motion carried by unanimous voice vote. D. Adult Entertainment Facilities Ordinance - City of Moorpark - Staff Recommendation - Introduce the Ordinance for first reading. (Continued Item 11.I. from 4/7/93) Mr. Aguilera gave the staff report. Councilmember Montgomery stated that he could not support a reduction in the distances and urged the Council to support the ordinance and adopt it as currently written. In response to Councilmember Montgomery, Mr. Aguilera stated that the ordinance now shows 1,000 feet separation. Councilmember Montgomery indicated that it was the direct action of the full Council that the distance be 1,500. He requested the minutes be provided to the Council regarding prior discussions on this item. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to continue this item to the May 5, 1993 City Council meeting. The motion carried by unanimous voice vote. I. Consider On- Street Parking Restriction. Staff Recommendation: Direct staff as deemed appropriate. Councilmember Hunter briefed the Council on the committee's work regarding this parking restriction. Councilmember Montgomery suggested that the twelve midnight time should be changed to 2:00 a.m. Minutes of the City Council Moorpark, California 15 April 21, 1993 Councilmember Hunter said this would be a citywide ordinance on the books to allow a citizens group or an HOA to request the City to enact it for a specific area, if necessary. Mr. Kueny suggested that a majority vote determined by a mail -in ballot could be used to determine where neighborhoods would support this ordinance. He further indicated while it would be available on a citywide basis, it would be enacted on a neighborhood basis only. In response to Councilmember Perez, Councilmember Hunter said either the resident or homeowner would be eligible to vote if a mail -in vote by neighborhoods was used. CONSENSUS: By consensus, the Council determined to direct the Committee to continue to work on the ordinance and to bring it back to the full Council upon its completion. J. Consider a Community Youth Officer. Staff Recommendation: Direct staff as deemed appropriate. Councilmember Wozniak asked the Council if they would be supportive of this idea of having a community youth officer considered during the budget process. Mayor Lawrason indicated he has difficulty spending the taxpayer's money for a problem that the school district should resolve. He indicated that although he liked the overall concept, he doesn't want to put a person in the schools to be an interviewer. Councilmember Montgomery said the City should defer anything until after the school board agendized it for their own consideration. He said when the Board requests it, the City will respond. He indicated he was disturbed by comments from the Moorpark Unified School District Board regarding the police. He commended the Sheriff's Department for their patience in dealing with the School District. Councilmember Perez said he was opposed to the interrogation responsibility that this proposed community youth officer would have. Minutes of the City Council Moorpark, California 16 April 21, 1993 MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to take this item off calendar. The motion carried by unanimous voice vote. K. Consider the Closing of the East County Jail Facility. In response to Council question, Lieutenant Dean indicated that it would significantly increase officers' time out of the City by having to travel to the Ventura facility for booking prisoners. He said this could have drastic effects in the City. Councilmember Montgomery said he felt this was a breach of contract by the County and he was extremely surprised that Vicky Howard would tolerate such a closing. He said a letter was in order which should state that we would not tolerate the closing of this facility which would significantly increase our costs and make Moorpark a less safe place to live. He suggested a letter go to each supervisor and to Vicky Howard and that Supervisor Howard's letter should ask why she has not publicly stated that this closure is not to be tolerated. CONSENSUS: By consensus, the Council determined that staff should draft a letter for the Mayor's signature to be completed and mailed this week to the County Board of Supervisors as outlined by Councilmember Montgomery above. 12. ORDINANCES: A. Consider Ordinance No. 162 - An Addition of Chapter 8.48 to the Municipal Code Relative to Property Maintenance and Re- Titling Chapter 8.04 of the Moorpark Municipal Code. Staff Recommendation: Introduce Ordinance Number 162 for first reading of the City's Property Maintenance Ordinance, added as Chapter 8.48 and related sections to Title 81 Health and Safety, of the Moorpark Municipal Code. (Continued Item 12.B. from 4/7/93) In response to Councilmember Montgomery, Mr. Kueny indicated that numbers 1 and 2 of subsection i. under section 8.48.010 could be deleted and addressed when the zoning ordinance comes back for Council review. Ms. Kane read the ordinance title. MOTION: Councilmember Wozniak moved and Councilmember Hunter seconded a motion to read the ordinance title only. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California 17 April 21, 1993 MOTION: Councilmember Wozniak moved and Councilmember Hunter seconded a motion to waive further reading and declare Ordinance No. 164 introduced for first reading as amended. The motion carried by unanimous voice vote. 13. FUTURE AGENDA ITEMS. None. 14. CLOSED SESSION: MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to add potential litigation pursuant to Government Code Section 54956.9(b)2 to the Closed Session agenda and to adjourn to Closed Session for 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. Negotiations for Real Property on the South Side of High Street (Southern Pacific /VCTC) pursuant to Government Code Section 54956.8. E. Negotiations for Real Property at 280 Casey Road (Moorpark Unified School District) pursuant to Government Code Section 54956.8. F. Litigation concerning Conejo Freeway Properties, LTD. vs. City of Moorpark. G. Litigation concerning City of Moorpark vs. Foster Enterprises. H. Litigation concerning Moorpark vs. CalTrans (Case No. 123655) I. Litigation concerning Villa del Arroyo vs. City of Moorpark (Case No. 105170) J. Potential litigation pursuant to Government Code Section 54956.9(b)2. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California 18 April 21, 1993 AT THIS POINT in the meeting, a recess was declared. The time was 12:45 a.m. The Council reconvened into Closed Session at 12:50 a.m. Present in Closed Session were all Councilmembers, Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney, and Ken Gilbert, Director of Public Works. Mr. Gilbert left the Closed Session at 1:30 a.m. The meeting reconvened into Open Session at 1:45 a.m. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to reject the claims of Louise Martin and William Martin. The motion carried by unanimous voice vote. 8.L. Consider Approval of Construction Engineering and Surveying Services for the Tierra Rejada Road Widening Project. Staff Recommendation: 1) Authorize the City Manager to approve an Additional Services Authorization to Willdan Associates for Contract Administration and Inspection services required for the subject project for a fee amount of $149,500; 2) Approve the selection of Benner and Carpenter to perform construction surveying services for the subject project for a fee Not to Exceed $46,000 and authorize the Mayor to execute related contract documents; 3) Approve a ten percent (10 %) contingency for the above work and authorize the City Manager to approve additional work for an amount Not to Exceed ten percent (10 %) of the contract price. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to authorize the City Manager to approve the use of the City Engineer, Abbott Associates, for contract administration and inspection services required for the project; to approve the selection of Valcon Engineering to perform construction surveying services for the subject project, the City Manager to negotiate with Valcon for a price more in line with other bidders; the Mayor authorized to execute the related contract documents; to approve a ten percent (10 %) contingency for both items of work and authorize the City Manager to approve additional work if required for an amount not to exceed this 10% amount. The motion carried by unanimous voice vote. Mr. Kueny stated that there was no action to report out of Closed Session and only item 14.A. (Government Code Section 54956.9(b)(2) under which it was determined that there was a Minutes of the City Council Moorpark, California 19 April 21, 1993 threat of litigation, after which the City Council stayed in Closed Session under item 14.B.) had been discussed. 15. ADJOURNMENT: Mayor Lawrason adjourned the meeting at 1:50 a.m. Paul W. Law son Jr., r ATTEST: Lillian E. Hare, City Clerk or