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HomeMy WebLinkAboutMIN 1994 0302 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California March 2, 1994 A Regular Meeting of the City Council of the City of Moorpark was held on March 2, 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 7:28 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Perez. Mayor Lawrason made several announcements as follows: The new Crime Alert Information Line (529 -4910) is now in operation. Residents can call to receive current crime information for their area of the city. The Spring Recreation Brochure will be mailed to all homes on Friday of this week. Teledyne Laars is hosting a free barbecue on Saturday, March 5, to celebrate the final workday of the Urban Streams Restoration Grant. It will be held in the southeast portion of the parking lot at 6000 Condor Drive. The next Town Hall meeting will be held on Saturday, March 12, at 9:00 a.m. at the Villa del Arroyo Mobile Home Park, 15750 E. Los Angeles Avenue. Councilmember Wozniak announced that the Fifth Annual Moorpark CROP Walk will be held on March 6. Staging will be at Flory Elementary School. He encouraged citizens to participate or to sponsor walkers in the event. 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, Minutes of the City Council Moorpark, California Page 2 March 2, 1994 Assistant to the City Manager; Dirk Lovett, Assistant City Engineer; Charles Abbott, City Engineer; Lillian Hare, City Clerk; and Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Proclamation to honor Senator Gary Hart. Mayor Lawrason read the proclamation. B. Recognition of New City Employees: David Barrera - Maintenance Worker I Lien Nguyen - Account Clerk Mayor Lawrason introduced David Barrera. Lien Nguyen was unable to attend. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: CONSENSUS: By consensus, the Council determined to consider Item 11.H. at the beginning of the Action/ Discussion items; to continue Item 11.F. until the next regularly scheduled meeting and to add it to the Transportation and Streets Committee meeting agenda for Friday morning. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to add the consideration of purchase of real property, 15492 Braun Court (Conner) for the First Time Home Buyer's Program to Closed Session. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. 6. PUBLIC COMMENT: Jeff Hass, 11571 Willowood Court, spoke on behalf of the Moorpark Little League. He said there is a parking problem on Park Lane when parents come to watch the Little League games that are played at the adjacent ball field. He requested that the Council reconsider the present parking restrictions and allow parking on a temporary basis to allow easy access to the fields. Councilmember Wozniak requested that this item be added to the Transportation and Streets Committee meeting for Friday morning. Minutes of the City Council Moorpark, California Page 3 March 2, 1994 Jeffrey Nelson, 13685 Gunsmoke Road, expressed gratitude to the Councilmembers for their efforts in governing the City and offered an unsolicited prayer in the City's behalf. Jim Hartley, 5950 Gabbert Road, spoke regarding 1) City support to celebrate the 50th Anniversary of World War II; 2) traffic impacts on Gabbert Road with regard to future development in that area; 3) having a staff person be the appointment to the Santa Monica Mountains Conservancy; 4) that city -owned vehicles be parked towards the southeast end of the City Hall parking lot to allow more parking for the Senior Center and the Civic Center. Connie Lawrason, 4291 Ambermeadow Street, stated that Metrolink lines originating from Camarillo have about 100 passengers daily. She indicated that there is a commuter bus that now runs from Thousand Oaks morning and evening to the Metrolink Station in Moorpark. She also stated that the Unmet Transit Needs hearing will be conducted by the Citizens Transportation Advisory Committee in Camarillo on March 21 at 1:30 at the Camarillo City Hall. Mrs. Lawrason said CTAC will be receiving information at that meeting regarding the VISTA (intercity bus) program. Supervisor Vicky Howard, 5507 Indian Hills Drive, Simi Valley, spoke regarding the Moorpark Library Telethon that is proposed to be held on May 3 at the Moorpark Community Center. She said the effort will require cooperative support, persons who will work receiving phone calls, performers, and many other things from the community. Supervisor Howard stated that Ventura County Cablevision has been supportive so far in the effort. Bill Poleri, 6863 Trojan Court, spoke representing the Moorpark Arts Association. He said the Association is coordinating the City Flag Contest and that entries must be submitted by April �. Entries may be given to Christine Adams, Director of Community Services. A final decision will be made by the City Council. Craig Willis, 4365 N. Ashtree, spoke regarding a parking ticket that was issued to him as a result of the recently adopted parking ordinance that prohibits parking on days when street sweeping is being conducted. Mr. Willis requested that a warning system be put in place to let residents get used to the new -.aw. Minutes of the City Council Moorpark, California Page 4 March 2, 1994 After Council discussion, the following motion was heard. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to add this item, Reconsideration of Parking Citations with Regard to Street Sweeping, as Item 11.K. to the agenda, the need having arisen since the posting of the agenda. The motion carried by 4 -0 voice vote, Councilmember Hunter absent for the vote. Eloise Brown, 13193 Annette Street, suggested that the local press could do a press announcement regarding the street sweeping situation to help make the public more aware. Mrs. Brown also thanked the City Clerk for placing continued agenda items in the public agenda packet for the public to view. She continued by stating that the efforts to pick up shopping carts has not been effective enough. 7. COMMITTEE REPORTS: Councilmember Montgomery announced that he was appointed Chair and Supervisor Vicky Howard was appointed Vice Chair of the Ventura County Waste Commission on February 17. He said the Commission recommended that the Board of Supervisors adopt the operation contract with Bailard Landfill and that the permit extension be enacted. The Commission also concurred with the work of the County -wide Sitinq Element. Councilmember Montgomery said he was unable to attend the meeting of the Santa Monica Mountains Conservancy that was held on February 22. He said there were no items of local interest on that agenda. Councilmember Montgomery continued by reporting that on March 1, he represented the City at the Board of Supervisor's meeting regarding discussion of Proposition 172 funding. He said two points were made at that meeting regarding this issue: 1) A portion of Proposition 172 funds should come to each of the cities so each city can afford to fund additional police officers; and 2) That the criminal justice system should receive all the first year funds with no funds to be allocated to firefighters. Additionally, he reported that the Board of Supervisors did approve the issuance of the Bailard Landfill permit extension. Minutes of the City Council Moorpark, California Page 5 March 2, 1994 8. CONSENT CALENDAR (Roll Call Vote): MOTION: Councilmember moved and Councilmember Perez seconded a motion to pull Items 8.A., Minutes of February 9, 1994; 8.I., 8.L., 8.N. and 8.0. 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 Special City Council Meeting of February 16, 1994. Consider Approval of Minutes of the Special City Council Meeting of January 26, 1994. Consider Approval of Minutes of the Special Joint Meeting of the City Council and Planning Commission of November 15� 1993 Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register. Staff Recommendation: Approve the Warrant Register per the report. C. Consider Allocation of Funds for Water Utility Costs for Remainder of Fiscal Year 1993 -94. Staff Recommendation: Appropriate $38,250.00 from General Fund Reserve the estimated deficit in AD 85 -1 water utility costs (25.1147.652) and to include the repayment as part of the required public notification process for 1994 -95. Decision on repayment to be made as part of the 1994 -95 budget and parks maintenance assessment district (AD 85- 1) deliberations. ROLL CALL VOTE D. Consider Retention of SunridcLe Landscape Maintenance Inc., as the City's Contracted Landscape Maintenance Service for 1994 -95. Staff Recommendation: Approve retention of Sunridge Landscape Maintenance, Inc. as the City's Contracted Landscape Maintenance Service for 1994 -95, and authorize the City Manager to extend the contract consistent with existing terms. E. Consider Assembly Bill 122 Regarding Mobilehome Rent Control. Staff Recommendation: Oppose Assembly Bill 122 restricting mobilehome rent control in cities and direct the Mayor to write a letter conveying the City's position to the appropriate legislative committee.. Minutes of the City Council Moorpark, California Page 6 March 2, 1994 F. Agreement for Service by and between the Citv of Moorpark and the Moorpark Chamber of Commerce. Staff Recommendation: Approve the agreement and authorize the Mayor to sign the Agreement for Services between the City and Chamber. G. Consider Exoneration of Bonds for Tracts 3019 & 3525 jWarmingtonl Staff Recommendation: Authorize the City Clerk to exonerate the bonds listed in the report. H. Consider Resolution No. 94 - 1015 Rescinding Resolution 87 -371 Pertaining to Weight Limitations on Peach Hill Road. Staff Recommendation: Adopt Resolution No. 94- 1015 rescinding Resolution No. 87 -371 pertaining to weight limitations on Peach Hill Road. J. Consider Authorizing Staff to Submit an Application for Federal STP /CMAQ Funds for the 1) Widening of Los Angeles Avenue from a Point East of Tierra Reiada Road to a Point West of Liberty Bell Road; and 2) Installation of a Traffic Signal Interconnect System for the Traffic Signals on Los Angeles Avenue. Staff Recommendations: Authorize staff to submit grant applications for the projects listed in the report for STP and /or CMAQ funding. K. Consider Authorizing Staff to Submit a Grant Application for SB -821 Funds for FY 1994/95 for the Construction of Pavement and Sidewalk Improvements to the South Side of Poindexter Avenue West of Chaparral School Staff Recommendation: Adopt Resolution No. 94 -1017 approving an application for SB 821 funds for the construction of pedestrian and bicycle facilities on Poindexter Avenue west of Chaparral School M. Consider Use of Social Services Funds for Rental Assistance. Recommendation: Receive and file the report. P. Consider Transfer of Funds for Emergency Supplies Storage. Staff Recommendation: Approve the transfer of funds ($4,000) from Administrative Services Special Departmental Supplies (01.4.117.629) to Administrative Services Improvements other than Buildings (01.4.117.903). Minutes of the City Council Moorpark, California Page March 2, 1994 The following items were pulled from the Consent Calendar for individual consideration: A. Consider Approval of Minutes of the Special City Council Meeting of February 9, 1994. Councilmember Wozniak stated that the correction is minor. The date of February 9 should appear in the header instead of February 2. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to approve the minutes as amended by correcting the date of February 2 to February 9 as discussed above. The motion carried by 4 -0 voice vote, Councilmember Hunter absent for the vote. I. Consider Resolution No. 94 -1016 Establishing NO STOPPING ANYTIME Zones on Wicks Road. Staff Recommendation: Adopt Resolution No. 94 -1016 Establishing a NO STOPPING ANYTIME Zone on both sides of Wicks Road. Mayor Lawrason expressed concern that this change needs to be publicized or at least the affected residents need to be notified. Mr. Gilbert said no notice has been given. Mr. Kueny offered the suggestion that the Council can adopt the resolution this evening and staff will then send notices to the few affected property owners. MOTION: Mayor Lawrason moved and Councilmember Montgomery seconded a motion to approve staff recommendation to adopt Resolution No. 94 -1016 establishing a NO STOPPING ANYTIME zone on both sides of Wicks Road and to direct staff to mail notices to the affected residents notifying them of this change. The motion carried by 4 -0 voice vote, Councilmember Hunter absent for the vote. L. City Manager Approved Contract between the Moorpark Unified School District, the City of Moorpark and the Environmental Coalition for Implementation of a $3,600.00 Stipend Program as Part of the Urban Streams Restoration Grant. Staff Recommendation: Receive and file the report. Mayor Lawrason indicated he had pulled this item for informational. purposes. Minutes of the City Council Moorpark, California Page 8 March 2, 1994 Richard Hare gave the staff report. He indicated that this was a stipend program where students were paid $150.00 for participation in the Urban Streams Restoration Grant program. MOTION: Mayor Lawrason moved and Councilmember Perez seconded a motion to receive and file the report. The motion carried 3 -1, Councilmember Montgomery dissenting and Councilmember Hunter absent for the vote. N. Consider Appropriation of Funds for Replacement of the Image Display Subsystem of the Optical Disk Imaging System. Staff Recommendation: Approve an appropriation of $3,079.35 plus a 10% contingency for a total not to exceed $3,387.29 from the General Fund Reserve to Equipment Replacement Fund 31.4.113.906 for replacement of the image display subsystem of the optical disk imaging system. In response to Mayor Lawrason, Mrs. Hare indicated that the hardware warranty was for a one year period. She said that while Decision Management assembled the components for the Optical System, DISCORP had supplied the monitor. She said DISCORP had gone bankrupt during the past two years and so rather than replace boards that were proprietary to the DISCORP monitor, the complete monitor had to be replaced. She said Decision Management replaced boards in the original monitor from supplies stockpiled for their clients when DISCORP went out of business. Mayor Lawrason indicated he understood the situation and would vote for the appropriation but would like staff to "pursue to some extent" Decision Management paying the cost for part or all of the replacement of the image display subsystem. MOTION: Mayor Lawrason moved to approve an appropriation of $3,079.35 plus a 10% contingency for a total not to exceed $3,387.29 from the General Fund Reserve to Equipment Replacement Fund 31.4.113.906 for replacement of the image display subsystem of the optical disk imaging system and to direct staff to "pursue to come extent" Decision Management paying the cost for part or all of the replacement of the image display subsystem. The motion carried by 4 -0 roil call vote, Councilmember Hunter absent for the vote. O. Consider Status Report on Abandoned Shopping Carts. Staff Recommendation: Receive and file the report. Minutes of the City Council Moorpark, California Page 9 March 2, 1994 MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion that this item be continued to the City Council meeting of March 16 and that it be considered as an Action/ Discussion item on that meeting's agenda; direct staff to contact the California Grocers' Association and Hughes Markets to request that they be present on 3/16. The motion carried by 4 -0 voice vote, Councilmember Hunter absent for the vote. Councilmember Perez asked staff to report back on the process for local markets to retrieve their carts when picked up by City staff from the public right of way on staff's way back to City Hall and on any cost recovery program that is in place or might be considered. 9. PUBLIC HEARINGS: A. Public Hearing Regarding Resolution of Intent to Vacate a Portion of Science Dr.; Vacation No. V -94 -1, and Consideration of the Resolution to Vacate a Portion of Science Drive. Staff Recommendation: 1) Conduct and close the public hearing and consider all evidence; 2) Make findings of fact as contained in resolution and adopt Resolution of Vacation, Resolution No. 94- . New Staff Recommendation: Authorize the City Engineer to issue an encroachment permit to GSS Partnership to remove the westerly portion of Science Drive for the purpose of relocating utilities and grading. (Continued Item 9.C. from 2/2/94; Item 9.A. from 2/16/94) (PUBLIC HEARING CLOSED) Charles Abbott gave the staff report. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to approve the new staff recommendation to authorize the City Engineer to issue an encroachment permit to G &S Partnership to remove the westerly portion (150 feet) of Science Drive from the parcel map for the purpose of relocating utilities and grading. The motion carried by 4 -0 voice vote, Councilmember Hunter absent for the vote. 10. COMMENTS FROM COUNCILMEMBERS7 None. Minutes of the City Council Moorpark, California Page 10 11. ACTION /DISCUSSION ITEMS: March 2, 1994 In accordance with previous Council action to reorder the agenda, Item 11.H. was considered by the Council as the first Action /Discussion item. H. Consider Proposed Telethon to Provide Additional Funds for the Expansion of the Moorpark Branch of the County Library System. Staff Recommendation: Direct staff as deemed appropriate. Mayor Lawrason explained the funding needs that needs to be met from the proposed telethon. He indicated his support for the idea and said he believes it will be a community event that everyone will be pleased with. Councilmember Wozniak said he is pleased that Supervisor Howard chose to attend the meeting to speak in support of this event. He asked if the funds collected here in Moorpark as a result of the telethon will remain for Moorpark Library's exclusive use or will they be taken into the County accounting system to be disbursed in other cities, also. In response to Councilmember Wozniak's question, Supervisor Howard addressed the Council and said the funds will remain in the City of Moorpark. She indicated that the Friends of the Library has not been established as a non - profit organization yet, so where the funds will be held until that is accomplished needs to be explored. Councilmember Wozniak volunteered to help in any way necessary and said he is now supportive of the expansion of the library. In response to Councilmember Montgomery, Mr. Hare said the telethon can be broadcast on Channel 10 and replayed on Channel 8 and that the proposed date of May 3 is a workable one for the broadcast. Gerald Goldstein, 11932 Los Angeles Avenue, spoke regarding the lack of parking spaces in front of the library. He said the spaces need to be restriped and that the parking lot should be reconfigured to make the egress easier. Minutes of the City Council Moorpark, California Page 11 March 2, 1994 MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to waive the fees for the use of the Community Center for the telethon; to allocate staff time for the event; and to bring any budget adjustments deemed necessary to the next regular meeting for consideration. The motion carried by 4 -0 voice vote, Councilmember Hunter absent for the vote. A. Consider Modification to Conditions for IPD 93 -1 (G &S (Continued item 11.I from 2/2/94 and 11.A from 2/16/94) Staff Recommendation: 1) Revise Conditions 73b and 74g to require that one dry travel lane in Science Drive be available during a ten -year storm rather than a fifty - year storm; or 2) Deny the applicant's request to modify the conditions. (Continued Item 11.A. from 2/16/94.) Charles Abbott gave the staff report. Robert Lumley, 1641 Fisk Place, Oxnard, addressed the Council and stated that the upgrade of the storm drain system has been estimated in excess of $100,000. He said G &S is being burdened for the entire cost and does not agree with that decision. Additionally, he said they are keeping track of the time element as the project has been delayed considerably already. He said they do not want to see any more delays. Councilmember Montgomery said he believes it is unfair to expect G &S to bear the full cost of the storm drain upgrade. Councilmember Perez said his only concern is that this should not be taken as a message to subsequent development companies that the City will start deviating from its standards. Mayor Lawrason said he believes we should proceed with the applicant's request to modify conditions 73b and 74b. In response to a Council question, Mr. Kueny said the City would be issuing a grading permit with an additional Hold Harmless clause and it will also point out the deficiency of the missing plans pertaining to drainage and the design of Science Drive. The developer has been duly notified and that any delays necessitated by changes would not be the fault of the City. Mr. Lumley said his company does not have final direction on the hydrology. He said they also do not have final Minutes of the City Council Moorpark, California Page 12 March 2, 1994 resolution on the abandonment and the realignment and there are certain risks in proceeding with the drawings without answers to those questions. He said it is his understanding that the permit would include the grading of the entire site.. Mr. Kueny said the City would approve an early grading agreement to include grading all of the site. Mr. Lumley said at this point, given all considerations, opening of their business is possible by the first of September. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to revise Conditions 73b and 74g to require that one dry travel lane in Science Drive be available during a ten -year storm rather than a fifty -year storm. The motion carried by 4 -0 voice vote, Councilmember Hunter absent for the vote. B. Consider Changing the Scope of the Spring Road Bridge Improvement Project from Rehabilitation to Bridge Replacement . Staff Recommendation: 1) Approve changing the Spring Road Bridge Improvement Project from rehabilitation project to a bridge replacement project; 2) Direct staff request that Caltrans confirm partial funding of this bridge replacement project with federal HBRR (Highway Bridge Replacement and Rehabilitation) funds in the amount of $506,000; and, 3) Direct staff to proceed, upon receipt of confirmation of HBRR funding from Caltrans, with the preparation and distribution of an RFP for the preparation of design plans and specifications for this bridge reconstruction project, and to bring back to the City Council a recommendation regarding the selection of a project design engineer. (Continued Item ii.E. from 2/16/94) Mr. Gilbert gave the staff report. Mr. Kueny said the bridge could be designed for a potential of four travel lanes with only two being built which is consistent with actions on the Carlsberg Specific Plans. He said this is a savings to the developers that contributed to the Area of Contribution since the Area of Contribution planned for a four lane bridge. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to 1) Approve changing the Spring Road Minutes of the City Council Moorpark, California Page 13 March 2, 1994 Bridge Improvement Project from a rehabilitation project to a bridge replacement project; 2) Direct staff to request that Caltrans confirm partial funding of this bridge replacement project with federal HBRR funds in the amount of $506,000; and, 3) Direct staff to proceed, upon receipt of confirmation of HBRR funding from Caltrans, with the preparation and distribution of an RFP for the preparation of design plans and specifications for this bridge reconstruction project, and to bring back to the City Council a recommendation regarding the selection of a project design engineer. The motion carried by 4 -0 voice vote, Councilmember Hunter absent for the vote. C. Consider Ordinance Process. Staff Recommendation: Concur with ordinance process as outlined in the staff report. (Continued Item Ti.P. from 2/16/94) Mr. Kueny indicated that the City staff is already performing many of the points in the process. Councilmember Perez thanked staff for the report. He expressed concern that the City Council have a role in the process of providing guidance to the City Attorney and to staff as to the desired end result of proposed ordinances. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to approve Moorpark Operating Procedure No. 9 entitled "Process for Preparation of Initial Drafts of Ordinances by City Departments ". The motion carried by 4 -0 voice vote, Councilmember Hunter absent for the vote. D. Consider an Ordinance Amending the Municipal Code by Revising Chapter 5.52 Relative to Mobilehome Park Rent Stabilization. Staff Recommendation: Introduce and conduct the first reading of the Ordinance. (Continued Item 11.F. from 2/16/94) Jim Aguilera gave the staff report. Ms. Kane read the ordinance title. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to read the ordinance title only and waive further reading. The motion carried by 4 -0 voice vote, Councilmember Hunter absent for the vote. Minutes of the City Council Moorpark, California Page 14 MOTION: Councilmember Wozniak seconded a motion to declare first reading. The motion Councilmember Hunter absent for March 2, 1994 moved and Councilmember Perez ordinance 191 introduced for carried by 4 -0 voice vote, the vote. E. Consider Revisions to the Brown Act to become Effective on April 1, 1994. Staff Recommendation: Direct staff as deemed appropriate. Cheryl Kane gave the staff report. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to direct staff to implement all changes as directed by the revisions to the Brown Act. The motion carried by 4 -0 voice vote, Councilmember Hunter absent for the vote. F. Consider Resolution No. Restricting the Parking of Unattached Trailers and Semitrailers on City Streets. Staff Recommendation: Adopt Resolution No. 94 restricting the parking of unattached trailers and semitrailers on City streets. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to continue this item to the meeting of March 16, 1994. The motion carried by 4 -0 voice vote, Councilmember Hunter absent for the vote. G. Consider Approval of a Change Order to the Contract for Miscellaneous Concrete Work in Order to Add the Construction of Sidewalks on Portions of Harry Street and Roberts Avenue. Staff Recommendations: 1) Request that the Moorpark Redevelopment Agency (MRA) approve an appropriation of funds and a budget amendment in the amount of $$16,580 (Account #070 - 142 - 903 -0260) to fund the subject additional work; 2) Approve a Contract Change Order in the amount of $44,000 for the construction of additional sidewalks on Harry Street and Roberts Avenue; 3) Approve a revised construction contingency in the amount of $5,000, said amount being approximately ten per cent of the revised contract price; and, 4) Authorize the City Manager to sign the Contract Change Order. Mr. Gilbert gave the staff report. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to approve the staff recommendation to 1) Request that the Moorpark Redevelopment Agency (MRA) Minutes of the City Council Moorpark, California Page 15 March 2, 1994 approve an appropriation of funds and a budget amendment in the amount of $16,580 (Account #070 - 142 - 903 -0260) to fund the subject additional work; 2 ) Approve a Contract Change Order in the amount of $44,000 for the construction of additional sidewalks on Harry Street and Roberts Avenue; 3) Approve a revised construction contingency in the amount of $5,000, said amount being approximately ten per cent of the revised contract price; and 4) Authorize the City Manager to sign the Contract Change Order. The motion carried by 4 -0 roll call vote, Councilmember Hunter absent for the vote. I. Consider Planning Commission Review of Residential Planned Development No. 89 -4 (Major Modification No. 1)l Vesting Tentative Tract Map No. 4637 (Major Modification No. 1) and Zone Change No. 93 -3 - Urban West Communities. Staff Recommendation: Direct staff to have the Planning Commission review the modifications to the proposed project at a public hearing prior to bringing the project to the City Council for public hearing and consideration. Jim Aguilera gave the staff report. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to direct staff to have the Planning Commission review the modifications to the proposed project at a public hearing prior to bringing the project to the City Council for public hearing and consideration. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. J. Consider Additional Account Clerk Position for the Finance Department. Staff Recommendation: Authorize an additional Account Clerk position in the Finance Department paid 100% from the General Fund and authorize the transfer of $4,000 from Regular Salaries (01.4.116.502) to Specialized Equipment (01.4.116.906) for the purchase of required computer equipment and software. Richard Hare gave the staff report. Minutes of the City Council Moorpark, California Page 16 March 2, 1994 MOTION: Councilmember Montgomery moved and Mayor Lawrason seconded a motion to authorize an additional Account Clerk position in the Finance Department paid 100% from the General Fund and authorize the transfer of $4,000 from Regular Salaries (01.4.116.502) to Specialized Equipment (01. 4. 116.906) for the purchase of required computer equipment and software. The motion carried by roll call vote 4 -0, Councilmember Hunter absent for the vote. K. Reconsideration of Parking Citation with Regard to Street Sweeping. In response to Council question, Mr. Kueny said there will not be any difficulty dismissing the parking citations that have been issued thus far. He said as an informational item to the public, the street sweeping schedule will be included with the Assessment District mailer and the City will post additional signs to better inform the residents. Councilmember Wozniak stated that the phone calls he has received have been as a result of the street sweeper not coming through a neighborhood when it is scheduled to be there. He said the City needs to ensure that the street sweeping schedule that is posted is adhered to. Mr. Kueny responded that the street sweeping company has been advised that payment will be withheld unless they adhere to the contracted schedule. CONSENSUS: By consensus, the Council determined that the citations that have been issued to this date will be dismissed by the City Manager; warnings will be issued between now and March 10, 1994 for violation of the law; and subsequent to March 10th valid parking citations will be issued; towing of vehicles will begin on April 4th if violations are cited. 12. ORDINANCES: A. Second Reading of Ordinance No. 189 - Ordinance. Ms. Kane indicated that the previous ordinance had indicated in error that 139, 166 and 167 were to be rescinded. technical correction will not require t come back for first reading. Revised Zoning title of this Ordinance Nos. She said this he Ordinance to Minutes of the City Council Moorpark, California Page 17 March 2, 1994 Ms. Kane read the ordinance title as amended to delete the rescission of Ordinance Nos. 139, 166 and 167. 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 adopt Ordinance No. 189 as amended. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. 13. FUTURE AGENDA ITEMS: None. 14. CLOSED SESSION: MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to adjourn to Closed Session to discuss Item 14.B. and 14.1. 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 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. 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. Minutes of the City Council Moorpark, California Page 18 March 2, 1994 The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote. AT THIS POINT in the meeting a recess was declared. The time was 10:45 p.m. The Council reconvened into Closed Session at 10:49 p.m. Present in Closed Session were all Councilmembers but Councilmember Hunter; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; and Cheryl Kane, City Attorney. The Council reconvened into Open Session at 11:01 p.m. Mr. Kueny stated only items 14.B. and 14.I. had been discussed and there was no action to report. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to reject the claim of Harry and Iris Leib. The motion carried by voice vote 4 -0, Councilmember Hunter absent for the vote, 15. ADJOURNMENT: Mayor Lawrason adjourned the meeting. The time was 11:34 p.m. ? k <. , t 411 "V1 c L - b-1.�'_F, Paul W. Lawrason Jr., 4yor ATTES Lillian E. Hare, City Clerk \` - /" rCj )