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HomeMy WebLinkAboutMIN 1994 0105 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California January 5, 1994 A Regular Meeting of the City Council of the City of Moorpark was held on January 5, 1994 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 7:12 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Yolanda Barrera 3. ROLL CALL: Councilmembers Montgomery, Perez, Wozniak and Mayor Lawrason. Absent: Councilmember Hunter Staff Present: Steven Kueny, City Manager; Cheryl Kane, City Attorney; Richard Hare, Deputy City Manager; Lieutenant Dean, Sheriff's Department; Jim Aguilera, Director of Community Development; Ken Gilbert, Public Works Director; Mary Lindley, Assistant to the City Manager; Chris Adams, Director of Community Services; Dirk Lovett, Assistant City Engineer; Charles Abbott, City Engineer; Don Reynolds, Administrative Services Manager; Lillian Hare, City Clerk; and Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Performance by Moorpark Middle School and High School Chorus under the direction of Raymond Hebel. The Moorpark Middle School and High School Chorus performed a medley of songs. B. Recognition of Emergency Medical Technician Institute Graduates. Mayor Lawrason presented Certificates of Recognition to City employees Mario Riley, Yolanda Barrera, Gary Paxman, and Allen Walter, and Ventura County Sheriff personnel Sergeant Ross Bonfiglio, Deputy Emmett McCracken, Deputy Jose Lopez, Deputy Allen Devers, Deputy George Fitzgerald, and Deputy Kent Adlof. Minutes of the City Council Moorpark, California Page 2 January 5, 1994 C. Recognition of Pruner Health Services for their involvement in the Emergency Medical Technician Institute. Mayor Lawrason presented a Certificate of Recognition to Mr. and Mrs. Don Pruner for their contribution to the Emergency Medical Technician training. AT THIS POINT in the meeting, Mayor Lawrason declared a recess. The time was 7:55 p.m. The Council reconvened at 8:10 p.m. The Mayor adjourned the City Council and convened the Redevelopment Agency. The time was 8:11 p.m. The Council reconvened at 8:13 p.m. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to add to the agenda on the Closed Session portion of the agenda City of Moorpark vs. Downs and as Item 11.J., Consider Import and Early Grading Permit for IPD -93 -1 (G &S Partnership), the need for action on both these items having arisen after the posting of the agenda. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. 6. PUBLIC COMMENT: Scott Dettorre, 12313 Willow Hill Drive, was not present, but the Mayor read Mr. Dettorre's statement from the speaker card: "Please support the request to change the name of a portion of Peach Hill Road to Mesa Verde Drive. Lack of continuity in streets, such as L. A. Avenue, Moorpark Avenue, Moorpark Road, have played havoc with emergency services on several occasions. This request is reasonable and logical, please support it." Robert Lumley, 1641 Fiske Place, Oxnard, representing Voight Management and G &S Partnership, indicated he was available to answer questions. Hayssam Atassi, 2337 Rosconane Road, Suite 7, Los Angeles, addressed the Council regarding his request that the City commence acquisition of property owned by Plaza International as part of approved condition for CPD 92 -1. He asked that the City expedite the paperwork necessary so that this matter Minutes of the City Council Moorpark, California Page 3 January 5, 1994 might be discussed by the Council at their next meeting on January 19th. Jozsef and Lisa Nagy, 13489 Peach Hill Road, addressed the Council requesting that the name of Peach Hill Road not be changed. Melba Kistner, 13471 Peach Hill Road, requested that the name of Peach Hill Road not be changed. Chuck Sullenbarger, 13429 Peach Hill Road, indicated that he was against changing the name of Peach Hill Road. Nina Beaulieau, 13407 Peach Hill Road, addressed the Council and said she was against changing the name of Peach Hill Road. 7. COMMITTEE REPORTS: Councilmember Montgomery reported on the last East County Waste Task Force Committee meeting. B. CONSENT CALENDAR (Roll Call Vote): MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to pull Item 8.C. and to approve the balance of the Consent Calendar. The motion carried by roll call vote 4 -0, Councilmember Hunter absent for the vote. A. Consider Approval of Minutes of the Regular City Council Meeting of November 17, 1993. Consider Approval of Minutes of the Special City Council Meeting of November 10, 1993. Consider Approval of Minutes of the Special City Council Meeting of November 29, 1993. Consider Approval of Minutes of the Special Joint Meeting of the City Council and Moorpark Redevelopment Agency of December 15, 1993. Consider Approval of Minutes of the Regular City Council Meetinu of December 15. 1993. Staff Recommendation: Approve the minutes as processed. Minutes of the City Council Moorpark, California Page 4 10 January 5, 1994 Consider Approval of the Warrant Register. Manual Warrants 21936 - 21941, 22028 - 22048 $590,013.41 Voided Warrants 21784 & 21959 $ (112.99) Regular Warrants 22049 - 22158 $234,873.58 Staff Recommendation: Approve the Warrant Register. City Manager Approved Contract with AGI GEOTECHNICAL, for Soils Testing Services. Staff Recommendation: Receive and file the report. E. City Manager Approved Contract with Valley Crest Landscaping, Inc. for the Installation of Landscaping Around the Arroyo Vista Community Park Buildings. Staff Recommendation: Receive and file the report. F. Consider 1) Adoption of Resolutions No. 94 -994 and 94 -995 Authorizing the Preparation of Engineer's Reports for Moorpark Lighting and Landscaping Assessment District (AD 84 -2) and Moorpark Parks and Maintenance Assessment District (AD 85 -1) for FY 94/95; and 2) Approval of Consulting Services Required for the Preparation of said Engineer's Reports and Other Related Services. Staff Recommendation: 1) Adopt Resolution Nos. 94 -994 and 94 -995 authorizing preparation of Engineer's Reports for the Moorpark Lighting & Landscaping Maintenance Assessment District (AD 84 -2) and the Moorpark Parks Maintenance Assessment District (AD 85 -1) for FY 1994/95. 2) Approve the selection of Dwight French and Associates to prepare FY 94/95 Engineer's Reports for AD 84 -2 and AD 85 -1 for a fee not to exceed $10,650. 3) Authorize the City Manager to sign appropriate contract documents. G. Consider Amendments to the Computer Purchase Loan Proaram for Employees. Staff Recommendation: Approve amended program authorizing the City Manager to sign the necessary loan agreements and appropriating $15,000 from the General Fund Reserve in account 01.4.117.906 for this program for the remainder of fiscal year 1993/94. H. City Manager Approved Contract: Eastman Kodak 95 s/s Lease Agreement. Staff Recommendation: Receive and file the report. Minutes of the City Council Moorpark, California Page 5 January 5, 1994 I. Consider Acceptance of Resolution No. 94 -996 - Resolution of Intent to Vacate a Portion of Science Drive; Vacation No. V -94 -1. Staff Recommendation: Adopt Resolution No. 94 -996, Resolution of Intention, declaring the City Council's intention to vacate a portion of Science Drive, and setting forth the time, date and place for a public hearing on the matter. J. Consider Appropriation of $35,000 from General Fund Reserve for Medical and Emergency Operations Materials and Supplies. Staff Recommendation: Approve the appropriation of $35,000 from the General Fund to administrative services special departmental supplies (01.4.117.629) for the purchase of medical and emergency operation center materials and supplies. K. Consider Resolution No. 94 -997, A Resolution of the Cit Council of the City of Moorpark Approving and Authorizing the City Manager to Execute a Reimbursement Agreement by and between the City of Moorpark and the Moorpark Redevelopment Agency For City Loan for Purchase of MacLeod Property). Staff Recommendation: That the City Council of the City of Moorpark adopt Resolution No. 94- 997 authorizing the City Manager to execute the Reimbursement Agreement by and between the City of Moorpark and the Moorpark Redevelopment Agency. L. Consider Use of Social Service Fund Account. Staff Recommendation: Receive and file the report. M. Consider Approval _ of the Ground Lease Agreement with VCTC for the Metrolink Park and Ride Facility. Staff Recommendation: Approve the Ground Lease Agreement with VCTC for the Metrolink Park and Ride Facility and authorize the Mayor to sign the Agreement. N. Consider Allocation of Funds for Purchase of Property at 15508 Mallory Court - Griffin First Time Home Buyer Program. Staff Recommendation: That the City Council allocate an amount not to exceed $184,526 for the total closing cost for the property located at 15508 Mallory Court, from the City of Moorpark's Affordable Housing Fund. Minutes of the City Council Moorpark, California Page 6 January 5, 1994 The following item was pulled from the Consent Calendar for individual consideration: C. Consider Resolution 94 -993. AdoDtina New Park Names for North Meadows Park, South Meadows Park and West Meadows Park, and Rescinding Resolution 86 -319. Staff Recommendation: Adopt Resolution No. 94 -993 and rescind Resolution No. 86 -319. Mayor Lawrason indicated he did not feel it was appropriate to change the names of established parks. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the staff recommendation to adopt Resolution No. 94 -993. The motion carried by voice vote 3 -1, Mayor Lawrason dissenting and Councilmember Hunter absent for the vote. 9. PUBLIC HEARINGS: None. 10. COMMENTS FROM COUNCIL MEMBERS: Councilmember Perez indicated he felt it would be appropriate for Mayor Lawrason to bring up the concerns of the City regarding Solid Waste management at the Council of Governments meeting to be held, Friday, January 7. Councilmember Montgomery requested that the police department keep in mind that paving was occurring at the Villa del Arroyo Mobile Home Park which would require people to park along Los Angeles Avenue. He also requested that the police watch vehicular traffic on City bike lanes. Councilmember Wozniak indicated that the security light at Conejo Ready Mix was still on, disturbing residents in the area. Mayor Lawrason indicated that truck traffic was now parking on the New Los Angeles frontage of McDonalds. He said there might be a need for No Stopping Anytime signs or red curbs. Councilmember Montgomery indicated that he had been serving on the Santa Monica Mountains Conservancy Board for sometime and he felt it would be appropriate for someone else now to represent the City in that capacity. Minutes of the City Council Moorpark, California Page 7 January 5, 1994 11. ACTION /DISCUSSION ITEMS: A. Consider Request from Kavlico Corporation to Allow Parking on Los Angeles Avenue. Staff Recommendation: That the City Council deny the request. Mr. Gilbert indicated that he had received a phone call from Kavlico Corporation requesting that this item be taken off calendar. CONSENSUS: By consensus, the Council determined to take this matter off calendar due to the request by Kavlico. B. Consider a Request to Chanae the Name of a Portion of Peach Hill Road to Mesa Verde Drive. Staff Recommendation: Direct staff to schedule the required public hearing and notify all affected parties as prescribed by law, upon receipt of $1,500 to cover administrative and implementation costs. Mr. Gilbert gave the staff report. Mayor Lawrason indicated that he did not favor changing the name of the east /west portion of Peach Hill Road. Kenneth D. Sherman, 15460 Dracaena Avenue, addressed the Council in support of changing the east /west portion of Peach Hill Road to Mesa Verde Road. He said the school board would fund $1,000 towards paying for the name change. He said the school board requested that the City pay the rest of the cost for the change. In response to Mayor Lawrason, Mr. Sherman said the idea for the change came from a school board appointed committee that looked at naming the new school and suggested changing the name of the street to match the new school. Marge Nelson, 13702 Donnybrook Lane, representing the Holy Cross Church, indicated that the church was opposed to the name change of Peach Hill Road. Bill Poleri, 6863 Trojan Court, addressed the Council and indicated he was against changing the name of Peach Hill Road. Councilmember Perez said he concurred with Mayor Lawrason and was against changing the name of Peach Hill Road. Minutes of the City Council Moorpark, California Page 8 January 5, 1994 Councilmember Wozniak said that his research showed that the name Peach Hill Road had been in existence since the early 1920's. He said he received many calls from older residents who said they remembered the name of the street from early years and considered it to be a part of the history of the City. He said the community was very much against changing the name. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to deny the request to change the name of a portion of Peach Hill Road. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. C. Consider Conceptual Design for Villa Campesina Park. Staff Recommendation: 1) Approve the conceptual design; 2) Direct staff to work with CEDC to obtain appropriate permits and to develop a plan to provide for construction of as much of the proposed improvement as feasible; 3) Direct staff to present the plan for Council consideration and approval. Ms. Adams gave the staff report. Councilmember Perez said that it was important to the community that the parking lot be secure. In response, Ms. Adams indicated that while the specifics of how to do that had not been determined, it was important and was being considered in the plan. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the conceptual design, to direct staff to work with CEDC to obtain appropriate permits, donated materials and services and to provide for plan check and inspection services; to direct staff to work with CEDC to develop a plan to provide for construction of as much of the proposed improvements as feasible with Phase I and to present the plan for Council consideration and approval. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. D. Consider Ordinance No. 187 Adding Chapter 12.20 to the Moorpark Municipal Code Pertaining to Underground Utility Districts. Staff Recommendation: Introduce Ordinance No. 187 for first reading. Mr. Gilbert gave the staff report. Minutes of the City Council Moorpark, California Page 9 January 5, 1994 In response to Mayor Lawrason, Mr. Gilbert said that the estimated cost for each affected property owner would be between $500 and $2,000 depending on the length of the trenching necessary. In response to Councilmember Montgomery, Mr. Kueny indicated that there were four property owners on the south side of Los Angeles Avenue who would be affected by private drops within the currently proposed district. Mr. Kueny suggested that the Council determine to leave one pole standing along Liberty Bell on the south side of Los Angeles Avenue and allow that pole to stay until the first property developed. CONSENSUS: By consensus, the Council determined to concur with the City Manager's suggestion as recorded above. Ms. Kane read the ordinance title. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to read the ordinance title only and waive further reading. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to declare Ordinance No. 187 introduced for first reading. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. E. Consider Concurrence with Intent to Submit Sections 1, 2 & 3 of the Ventura County Storm Water NPDES Permit Application and Scheduling a Public Hearing to Consider the Levy of an Assessment to Fund All or a Portion of NPDES Program Costs. Staff Recommendation: 1) Concur with the intent of the VCFCD to submit Sections 1, 2 & 3 of the Ventura County Storm Water NPDES Permit Application and 2) Direct staff to schedule a public hearing before the City Council on February 17, 1994 for the purpose of considering a request to the VCFCD that they levy, on behalf of the City of Moorpark, an assessment to fund all or a portion of NPDES Program Costs. Mr. Gilbert gave the staff report. In response to Councilmember Wozniak, Mr. Gilbert said notice for the public hearing to be scheduled for February 16 would be posted and published. Minutes of the City Council Moorpark, California Page 10 January 5, 1994 Councilmember Wozniak noted that this was a federally mandated program which should be pointed out in the notice. He said underline the word "mandated ". Councilmember Montgomery said he would like to point out that we are the only City that had not yet levied an assessment to fund this program. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to concur with the intent of the VCFCD to submit, on behalf of the City of Moorpark, as one of the co- permittees, Section 1, 2 and 3 of the Ventura County Stormwater NPDES permit application; to direct staff to schedule a public hearing before the City Council on February 16, 1994 for the purpose of considering a request to the VCFCD that they levy on the behalf of the City of Moorpark, an assessment to fund all or a portion of NPDES program costs. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. AT THIS POINT in the meeting, the Mayor declared a recess period. The time was 9:30 p.m. The Council reconvened at 9:50 p.m. F. Consider Community Development Block Grant (CDBG) Status Report for the Development of 1994/95 Funding Objectives. Staff Recommendation: Authorize staff to 1) Solicit proposals for the use of CDBG funds for the upcoming 1994 appropriations; 2) Conduct an eligibility survey for the use of funds on First Street; and 3) Bring back to Council the concept of reprogramming of housing funds from acquisition to pre - development uses in February. Mr. Reynolds gave the staff report. In response to Councilmember Perez, Mr. Gilbert said that design for reconstruction of First Street and Bard was underway. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the staff recommendation to authorize staff to 1) conduct an eligibility survey for the use of funds on First Street; 2) bring back for the Council's consideration, the concept of reprogramming of housing funds from acquisition to pre - development uses in February, and; 3) request proposals for the use of CDBG funds for the upcoming 1994/95 appropriations, consistent with the report dated December 17, 1993 and pursuant to the following schedule: requests for proposal 1/6/94 to 2/17/94, staff to review Minutes of the City Council Moorpark, California Page 11 January 5, 1994 proposals 2/22/94 to 2/24/94; open public hearing, receive public testimony 3/2/94; Budget and Finance Committee review 3/3/94 to 3/9/94; final appropriation 3/16/94; proposals due to County by 4/8/94. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. G. Consider Site Plan for Proposed Library Expansion. Staff Recommendation: Concur with proposed site plan. Mr. Gilbert gave the staff report. In response to Councilmember Montgomery, Mr. Kueny indicated that the money will have to be reappropriated for this project. He said the appropriation expired at the end of the prior fiscal year. Councilmember Wozniak requested a roll call vote because he said he was opposed to moving forward with the expansion when there aren't enough books to put on the shelves nor enough hours of operation allotted. He said he is concerned we will be providing a building that will not be open and will not have any books in it. Mayor Lawrason indicated that the City should be more proactive and move forward while continuing to work on other parts of the problem. Councilmember Perez indicated that while he appreciates Councilmember Wozniak's position, the Budget and Finance Committee has direction to work out the long -term plans for the library and is hopeful they will be able to. Councilmember Montgomery said he will vote to approve the conceptual plan this evening, however, he will ask tough questions when the lease agreements are negotiated. MOTION: Councilmember Montgomery moved and Mayor Lawrason seconded a motion to approve the conceptual plan as outlined in the staff report dated December 20, 1993. The motion carried by voice vote 3 -1, Councilmember Wozniak dissenting and Councilmember Hunter absent for the vote. H. Consider Ventura County Air Pollution Control District Revision to Rule 56, Open Fires, to Change the Allowable Hours for Burning from Morning (6 a.m. to noon) to Afternoon (noon to 4 p.m.). Staff Recommendation: Direct staff as deemed appropriate. Mr. Kueny gave the staff report. Minutes of the City Council Moorpark, California Page 12 January 5, 1994 Councilmember Montgomery indicated he would like staff to present certain concerns that the City has when the workshop is held on January 10th. He outlined the concerns as follows: 1) Burning is occurring too close to the City; 2) The proposed increased number of burn days per year are too many; 3) The City needs notification prior to burning taking place near the City; and 4) reuse of this green waste should be considered. Mayor Lawrason said he had a concern he would like added to those already articulated by Councilmember Montgomery and that was concern regarding eliminating the regulation of the amount of material that could be burned at one time. He indicated that the current regulation should continue. CONSENSUS: By consensus, the Council determined to communicate those concerns expressed by the Council above. I. Consider Contract Services for the Collection of Outstanding Debts Related to the Emergency Response Cost Recovery Program. Staff Recommendation: Authorize City Manager to execute agreement with Collection Technology Incorporated and initiate a collection service for the emergency cost recovery program. Mr. Reynolds gave the staff report. Councilmember Montgomery indicated that the Budget and Finance Committee brought this item forward reluctantly understanding that it was needed. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to approve the staff and committee recommendation to authorize the City Manager to enter into an agreement with Collection Technology Incorporated, and initiate a collection service for the emergency response cost recovery program. The motion carried by roll call vote 4 -0, Councilmember Hunter absent for the vote. Minutes of the City Council Moorpark, California Page 13 January 5, 1994 J. Consider Import and Early Grading Permits for IPD 93-1 (G &S Partnership. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to accept the staff report. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. Mr. Lovett gave the staff report. He indicated that the developer was requesting City approval to import 30,000 cubic yards of soil prior to final approval of the grading plan and issuance of the grading permit. The import of the soil being necessary for the proposed grading plan to raise the building pads and parking lots to protect the proposed buildings from a one hundred year storm per City conditions. Importing the soil prior to the issuance of the grading permit will allow the developer the opportunity to take soil which is currently available at another site at a low price. Mr. Lovett said there is a concern that the grading plan has not been approved and that there may be some changes to the plan that would require the dirt to be moved again. He said the developer will sign a Hold Harmless agreement. Robert Lumley, 1641 Fiske Place, Oxnard, addressed the Council. He said there is a financial issue here. He said the site needs a minimum of 30,000 cubic yards of soil which is required so that the site will drain properly. He said the import operation will take approximately two weeks. Mr. Abbott said it is critical to get the building pad out of the hundred year flood plain. He said the City is aware that this is a low area. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to approve staff recommendation 1) to authorize the developer to import 30,000 cubic yards and 2) that the City Engineer be directed to issue an early grading permit to allow the developer to over - excavate, recompact, spread, and relocate soil on building pads 1 and 2 as directed by the soils engineer and approved by the City Engineer; and that prior to issuance of the early grading permit, developer shall sign an agreement containing Hold Harmless provisions and other language as approved by the City Manager; the agreement to be signed by the City Manager on behalf of the City. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. Minutes of the City Council Moorpark, California Page 14 January 5, 1994 12. ORDINANCES: A. Consider Ordinance No. 184 - Amending Ordinance Number 137, the Moorpark Zoning Ordinance, to Establish a Transportation Demand Management Facilities Ordinance in Accordance with State Government Code Sections 65089 and 65089.3 for Second Reading. Mr. Kueny indicated that the ordinance was not ready for adoption. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to continue this matter to January 19, 1994. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. 13. FUTURE AGENDA ITEMS: Councilmember Perez requested a future item to consider landscaping and improvements on the west side of Spring Road south of the railroad tracks. In response to Councilmember Perez, Mr. Kueny indicated that the PAAC will be addressing that matter and that nothing should be done until the Caltrans relinquishment of Spring Road has occurred. Councilmember Perez said Spring Road just south of L.A. Avenue needs to be considered for improvement because of the eastbound traffic making a right turn and merging with other traffic making it very hazardous. Mr. Kueny said staff is looking at a raised median and dual westbound turn lanes. He said the City Engineer will give the City a proposal. 14. CLOSED SESSION: MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adjourn to Closed Session for a discussion of all items listed: 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). Minutes of the City Council Moorpark, California Page 15 January 5, 1994 D. Litigation concerning Moorpark vs. CalTrans (Case No. 123655) . E. Negotiations for Real Property at 675 Moorpark Avenue (Moss) and 661 Moorpark Avenue (Aikens) pursuant to Government Code Section 54956.8. F. Negotiations for Real Property on the North Side of Los Angeles Avenue and South Side of Poindexter Avenue contiguous to Mission Bell Plaza (Ken MacLeod). G. Negotiations for Real Property at 18 High Street (Abbott & Associates, Moorpark Chamber of Commerce, Moorpark Melodrama) pursuant to Government Code Section 54956.8. H. Litigation concerning Conejo Freeway Properties, LTD. vs. City of Moorpark. The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 10:42 p.m. The Council reconvened into Closed Session at 10:47 p.m. Present in Closed Session were all Councilmembers but Councilmember Hunter; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Jim Aguilera, Director of Community, Development and Cheryl Kane, City Attorney. Mr. Aguilera left the Closed Session at 10:56 p.m. The Council reconvened into Open Session at 10:56 p.m. Mr. Kueny stated only Downs vs. the City of Moorpark had been discussed and there was no action to report out of Closed Session. AT THIS POINT in the meeting a recess was declared. The time was 10:56 p.m. The Redevelopment Agency was convened at 10:57 p.m. and adjourned at 11:14 p.m. Councilmember Montgomery left the Closed Session at 11:00 p.m. Minutes of the City Council Moorpark, California Page 16 January 5, 1994 MOTION: Councilmember Wozniak moved and Mayor Lawrason seconded a motion to add Negotiations for Real Property APN #511 -0- 080 -016 (Gisler) pursuant to Government Code Section 54956.8. to the Closed Session agenda, need for action having arisen after the posting of the agenda. The motion carried by voice vote 3 -0, Councilmembers Hunter and Montgomery absent for the vote. The Council reconvened into Closed Session. The time was 11:15 p.m. Present in Closed Session were all Councilmembers but Councilmembers Hunter and Montgomery; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; and Cheryl Kane, City Attorney. The meeting reconvened into Open Session at 11:33 p.m. Mr. Kueny stated only Downs vs. the City of Moorpark, (c) , 14.B., 14.D. and Negotiations for Real Property APN #511 -0- 080 -016 (Gisler) pursuant to Government Code Section 54956.8. had been discussed and there was no action to report. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to reject the claim of Harry and Iris Leib. The motion carried by voice vote 3 -0, Councilmember Hunter and Montgomery absent for the vote. 15. ADJOURNMENT: Mayor Lawrason adjourned the meeting. The time was 11:34 p.m. ATTEST: Lillian E. Hare, City Clerk -lit A 41 Paul W. La' ason Jr., yor �N