HomeMy WebLinkAboutMIN 1994 0706 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California July 6, 1994
A Regular Meeting of the City Council of the City of Moorpark was
held on July 6, 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 7:25 p.m.
2. PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Councilmember Perez.
3. ROLL CALL:
Present: Councilmembers Hunter, Montgomery, Perez, and
Mayor Lawrason
Absent: Councilmember Wozniak
Staff Present: Steven Kueny, City Manager; Richard Hare,
Deputy City Manager; Christine Adams, Director
of Community Services; Jim Aguilera, Director
of Community Development; Lieutenant Marty
Rouse, Sheriff's Department; Ken Gilbert,
Director of Public Works; Cheryl Kane, City
Attorney; Mary Lindley, Assistant to the City
Manager; Charles Abbott, City Engineer; Dirk
Lovett, Assistant City Engineer; Paul Porter,
Senior Planner; Lillian Hare, City Clerk; and
Dorothy Vandaveer, Deputy City Clerk
4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS:
A. Proclamation for July as National Parks and Recreation
Month.
Mayor Lawrason read the proclamation.
B. Recognition of Moorpark Girls Softball for Donating Field
Improvements to Mountain Meadows Park.
Mayor Lawrason presented a Certificate of Appreciation to
Jane Hatton and Ken Bentley. They were also presented a
softball signed by all the Councilmembers.
C. Introduction of New Maintenance Worker I, Mike Palmer.
Mayor Lawrason introduced Mr. Palmer.
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AT THIS POINT in the meeting, the Council recessed and the
Redevelopment Agency was convened. The time was 7:32 p.m.
The City Council reconvened at 7:35 p.m.
5. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
Mr. Kueny requested that Item 11.A. and 11.K. be heard prior
to the public hearing items.
CONSENSUS: By consensus, the Council determined to hear items
11.A. and 11.K. prior to the public hearings.
6. PUBLIC COMMENT:
Barbara Williamson, 1775 Cochran Street, Suite M, Simi Valley,
spoke as Vice President of Simi Valley Bank. She requested
that the City of Moorpark consider soliciting bids for its
banking needs.
In response to Ms. Williamson's request, Councilmember
Montgomery requested that consideration of this item be placed
on a future Budget and Finance Committee agenda.
Jim Jackson, 12101 Cherrygrove Street, requested that the City
Council waive the rental fees for the Kiwanis to use the
softball fields for their upcoming softball tournament.
7. COMMITTEE REPORTS:
Councilmember Montgomery reported on the latest Ventura County
Waste Commission meeting which he had attended and said the
Council would receive a box item regarding the meeting.
8. CONSENT CALENDAR:
MOTION: Councilmember Hunter moved and Councilmember
Montgomery seconded a motion to pull items 8.F., 8.G., 8.J.
and 8.0. and to adopt the balance of the Consent Calendar.
The motion carried by roll call vote 4 -0, Councilmember
Wozniak absent for the vote.
A. Consider Approval of Minutes of the Special City Council
Meeting of June 15, 1994.
Approve minutes as processed.
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B. Consider Approval of the Warrant Register.
Manual Warrants 23363 - 23364;
23476 -23480 $ 341,202.82
Regular Warrants 23481 -23646 $ 433,542.46
Staff Recommendation: Approve the Warrant Register.
C. Consider Lot Line Add ustment No. 94 -1 to Tract 4341
(Belmont) on the Application of Urban West Communities.
Staff Recommendation: Receive and file the report.
D. Consider Resolution 94 -1047. Establishing the Name of
Villa Campesina Park for Park Site South of Liberty Bell
and Juarez Streets. Staff Recommendation: Adopt
Resolution 94 -1047.
E. Consider Acceptance of Ventura County Area Agency on
Acting (VCAAA) Title 3 Grant for Senior Coordinator.
Staff Recommendation: Accept grant in the amount of
$8000 for 1994 -95 FY, and direct the City Manager to sign
all relevant contracts with VCAAA.
H. City Manager Approved Contract (AGI) for Soils
Engineering Services Required for Slope Restoration at
Tract 3049. Staff Recommendation: Receive and file the
report.
I. City Manager Approved Contract (Sam Hill & Sons) for the
Construction of Street Lighting Conduit on Spring Road
South of the Arroyo Simi. Staff Recommendation: Receive
and file the report.
K. Consider Authorizing Recordation of Notice of Completion
for the Construction of the Arroyo Vista Recreation
Center Buildings (Tri -Build Development. Inc.). Staff
Recommendation: 1) Accept the work as completed; 2)
Authorize the City Clerk to file the Notice of
Completion; and, 3) Authorize the release of the
retention upon acceptance of the work as complete by the
City Manager, satisfactory resolution of the late project
delivery as determined by the City Manager, and clearance
of the thirty -five (35) day lien period.
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L. Consider Approval of Certificates of Acceptance for Two
Easement Deeds (Jencek & Miranda) for the Construction of
a Storm Drain between Moorpark Avenue and Flory Avenue.
Staff Recommendation: Approve the Certificates of
Acceptance and authorize the City Clerk to record the
subject Easement Deeds.
M. Consider Approval of a Request for Proposals (RFP) for
Civil Engineering Services to Prepare Plans and
Specifications for a Project to Reconstruct the Spring
Road Bridge. Staff Recommendation: Authorize staff to
distribute the RFP to selected civil engineering firms.
N. Consider Opposition to AB 3116 Exempting Schools From
Paying Solid Waste Franchise Fees. Staff Recommendation:
Oppose AB 3116 and direct the Mayor to communicate the
City position to the appropriate State legislators and
legislative committees.
P. Consider Support for the City of Palmdale's Proposition
172 Amendment Request. Staff Recommendation: That the
City Council support the City of Palmdale's request and
direct the Mayor to prepare a letter to the City's State
representatives urging their support for amendments to
Proposition 172.
Q. Consider a Three Year Cooperative Agreement between the
City and the County to Participate in the Urban County
Community Development Block Grant ("CDBG1°) Program.
Staff Recommendation: City Council authorize the Mayor
to execute the three year Cooperative Agreement for the
period of 1995 through 1997, allowing the City to
continue its participation in the Urban County CDBG
program.
R. Consider Approval of National Pollutant Discharge
Elimination System (NPDES) Permit. Staff
Recommendation: Receive and file the report.
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The following items were pulled from the Consent Calendar for
individual consideration.
F. Consider Award of Contract for Conceptual Landscape
Design for Downtown Park Site. Staff Recommendation:
Award bid to Harris & Associates for $5,400 to provide
conceptual landscape design for downtown park site.
In response to Councilmember Hunter, Ms. Adams indicated
that the additional $6,000 identified in the staff report
was for a noise and lighting analysis if deemed
necessary.
MOTION: Councilmember Hunter moved and Councilmember Perez
seconded a motion to approve the staff recommendation to award
the bid to Harris & Associates for $5,400 as proposed to
provide conceptual landscape design for downtown park site;
and if the City, at its sole discretion, upon review of the
conceptual design desires a noise and lighting analysis that
Harris & Associates will provide the analysis in a manner
determined necessary by the Director of Community Development
for an environmental analysis, not to exceed $6,00C. The
motion carried by voice vote 4 -0, Councilmember Wozniak absent
for the vote.
G. Consider Report by Certified Arborist Regarding Condition
of High Street Pepper Trees and Recommendation to Remove
Two Mature Pepper Trees. Staff Recommendation: Direct
staff to remove two historical pepper trees on High
Street as referenced in the report, and to replace these
trees with new pepper trees.
In response to Councilmember Hunter, Ms. Adams indicated
that staff was going to continue a spraying schedule as
a preventative measure.
Mayor Lawrason said that the removal of these trees on
High Street is an emotional issue for the City. He said
the Arborist is reputable and we believe the pepper trees
need to be removed and replaced although it was not an
easy decision to make. He said the trees have hollow
centers and are dangerous.
MOTION: Councilmember Hunter moved and Councilmember. Perez
seconded a motion to direct staff to remove two historical
pepper trees on High Street as referenced in the attachment to
the report dated June 24, 1994 and to replace these trees with
new pepper trees. The motion carried by voice vote 4 -0,
Councilmember Wozniak absent for the vote.
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J. Consider Resolution No 94- Establishing Certain
Parking Restrictions on the South Side of Los Angeles
Avenue Between Moorpark Avenue and Park Lane. Staff
Recommendation: Adopt Resolution No. 94-
Councilmember Hunter requested that this item be
continued since Councilmember Wozniak was not present.
MOTION: Councilmember Hunter moved and Councilmember
Montgomery seconded a motion to continue this item to July 20,
1994. The motion carried by voice vote 4 -0, Councilmember
Wozniak absent for the vote.
O. Consider Joining Amicus - Tobe, et al vs. City of Santa
Ana - (Municipal Determination of Homeless Population's
Right to Camp, Live, and Conduct "life- sustaining"
Activities in Public Places). Staff Recommendation:
Authorize amicus participation.
Councilmember Perez said it would be helpful if the City
Attorney would review amicus requests. He said he was
somewhat concerned with this amicus which was seeking the
reversal of a decision by the Court of Appeals.
Councilmember Montgomery suggested that the City not act
on this item, but allow it to "wind its way through the
courts."
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to receive and file the report. The
motion carried by voice vote 4 -0, Councilmember Wozniak absent
for the vote.
11.A. Consider Report on the Use of Alternative Fuels for Cit
Vehicles. Staff Recommendation: 1) Determine that
conversion to CNG is not cost effective at present time;
2) Direct staff to present a subsequent Alternative Fuels
Report in 1 -2 years. (Continued Item 11.J. from 6/15/94)
Mr. Troche gave the staff report.
Councilmember Perez stated that he preferred Option No.
1 in the staff report to determine that the conversion to
CNG is not cost effective at present and to direct staff
to present a subsequent alternative fuel report in 1 - 2
years.
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Councilmember Montgomery indicated his concurrence with
Councilmember Perez. He said in addition to the analysis
to be completed in 1 - 2 years, the City should analyze
alternative fuel as a possible alternative when a new
vehicle is to be purchased.
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to approve the staff recommendation to
determine that conversion to CNG is not cost effective at the
present time and to direct staff to present a subsequent
Alternative Fuels Report in 1 - 2 years; to explore savings in
collaboration with fuel stations if the opportunity arises; to
analyze the possibility of buying an alternative fuel vehicle
when a new vehicle is to be purchased. The motion carried by
voice vote 4 -0, Councilmember Wozniak absent for the vote.
In response to Mr. Kueny, the Council confirmed that the
new utility vehicle to be purchased should be analyzed to
determine if it should be an alternative fuel vehicle.
11.K. Consider Redesign of the Dorothy Wall Project. Staff
Recommendation: Approve the redesign of the Dorothy Wall
Project, reject all previous bid proposals, and authorize
staff to distribute new bid specifications.
Ms. Lindley gave the staff report.
MOTION: Mayor Lawrason moved and Councilmember Montgomery
seconded a motion to approve the staff recommendation to
rescind its earlier action of awarding the Dorothy Wall
project to Pacific General; to reject all bids; to approve the
modified Dorothy Wall specifications, and to direct staff to
solicit new bid proposals. The motion carried by voice vote
4 -0, Councilmember Wozniak absent for the vote.
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9. PUBLIC HEARINGS:
A. Consider Amendments to the Carlsberg Specific Plan and
Draft EIR. Resolution No. 94- Amendment to Land Use
Element of the General Plan to Reflect Amended Land Uses,
and Amendment of the City's Zoning Ordinance to Adopt
Amended Land Use Regulations of the Specific Plan as
Zoning for the Property - Carlsberg Financial
Corporation. Staff Recommendation: Review and approve
the amended Carlsberg Specific Plan as amended and adopt
the Resolution No. 94- and findings amending the Land
Use Element of the General Plan to reflect the amended
land uses and introduce for first reading the Ordinance
to amend the City's Zoning Regulations in order to adopt
the amended land use regulations of the Specific Plan as
Zoning for the property; and Adopt the attached
Resolution Certifying the Environmental Impact Report.
(PUBLIC HEARING IS CLOSED)
Mr. Kueny recommended that this item be continued to July
20, 1994.
MOTION: Councilmember Montgomery moved and Councilmember
Hunter seconded a motion to continue this item to July 20,
1994. The motion carried by voice vote 4 -0, Councilmember
Wozniak absent for the vote.
B. Consider Proposed Standards for the Operation of Large
Family Day Care Homes in Residential Area. Staff
Recommendation: 1) Open the public hearing, take public
testimony, and close the hearing; 2) Determine the
proposed amendment to the City's Zoning Ordinance is
exempt from the California Environmental Quality Act; 3)
Review the Draft Ordinance and direct staff to make any
Council directed changes; 4) Direct staff to have the
City Attorney review the draft ordinance.
Mr. Porter gave the staff report.
In response to Councilmember Hunter, Mr. Aguilera said he
did not expect that the City would be proactive in
inspecting permits. He said the City would respond on an
as needed basis to complaints. He further clarified that
the ordinance does not specify the period during which
the permit is valid. He said the City permit would be
good unless revoked.
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In response to Councilmember Montgomery, Mr. Aguilera
summarized that a zoning clearance permit would cost $39
and it would be between $160 - $400 for the permit
process.
In response to Councilmember Perez, Mr. Aguilera said the
City had not received complaints regarding operation of
day care facilities.
Mayor Lawrason indicated his hope that the City was not
moving towards over regulation of this matter.
Mayor Lawrason opened the public hearing.
Geri Fineroff, 1635 Kent Place, Thousand Oaks, spoke in
opposition to day care regulation.
Alex Sharki, 4277 N. Granadilla Drive, spoke as a day
care facility operator. He indicated that he is opposed
to the proposed regulation and will plan to circulate a
petition if the regulation is approved.
Camille Eastin, 300 Rolling Oaks Drive, Suite #300,
Thousand Oaks, spoke representing the Conejo Valley
Family Childcare Association. She spoke in opposition to
day care facility regulation.
Gail Sharki, 4277 N. Granadilla Drive, spoke as Vice
President of the Conejo Childcare Association and a day
care facility operator. She spoke in opposition to the
day care facility ordinance.
Eloise Brown, 13193 E. Annette Street, commented on the
hearing notice distance requirement contained within the
proposed regulation. She said the 100 foot requirement
does not prohibit notification extending beyond that
limit and that neighbors deserve to know how many
children are going to be in the neighborhood at day care
facilities.
Councilmember Montgomery read a letter from Senator
Cathie Wright in opposition to local control of day care
facilities.
Councilmember Perez indicated that he lived in the same
tract as the Sharki's. He said there is no problem in
the City with these day care facilities.
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Councilmember Montgomery said he will concur with
Councilmember Perez to let this ordinance drop if that is
Councilmember Perez's is intent. He said he sees no real
need for the ordinance.
Mayor Lawrason closed the public hearing.
Councilmember Montgomery moved and Councilmember Perez
seconded a motion to table the item. The motion carried
by voice vote 4 -0, Councilmember Wozniak absent for the
vote.
11. ACTION /DISCUSSION ITEMS:
B. Consider Appointments to the Teen Council. Staff
Recommendation: Appoint Teen Council members as
presented and consider appointments for balance of Teen
Council at a future meeting. (Continued Item 11.X. from
6/15/94)
Mayor Lawrason indicated that eight names have been
received as applicants for the teen council.
NOMINATION: Mayor Lawrason moved to appoint and Councilmember
Montgomery seconded the appointment of Stephanie Bowman,
Jennifer McGowan, Kyle Thompson, Jason Symchak, Tara Corzine,
Allison Devers, Jessica Devers, Kerri Moran. The nomination
passed by voice vote 4 -0, Councilmember Wozniak absent for the
vote.
AT THIS POINT in the meeting, a recess was declared. The time
was 9:30 p.m. The Council reconvened at 9:50 p.m.
10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Mayor Lawrason announced the Concert in the Park for July 10.
He also indicated that the Arroyo Vista Recreation Center is
open to the public and noted the hours of operation.
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11. ACTION /DISCUSSION ITEMS:
C. Consider the Cultural Heritage Ordinance to be Codified
as Title 15, Entitled Buildings and Construction Chapter
15.28, Entitled Historic Preservation of the Moorpark
Municipal Code. Staff Recommendation: 1) Approve the
Financial Incentive Resolution, to be effective the date
that the Historic Preservation Ordinance is effective, in
order to encourage the preservation of historic resources
within the City; 2) Introduce for first reading and waive
full reading of the ordinance to be codified as Title 15,
entitled Buildings and Construction, Chapter 15.28,
entitled Historic Preservation, of the Moorpark Municipal
Code. (Continued Item 11.N. from 6/15/94)
Mr. Aguilera gave the staff report.
Councilmember Hunter suggested that this matter should be
referred back to the Planning Commission as the draft
ordinance had changed since the Planning Commission last
reviewed it.
Gerry Goldstein, 11932 Los Angeles Avenue, addressed the
Council regarding his belief that his previous house had
been an historical building.
MOTION: Councilmember Hunter moved and Councilmember Perez
seconded a motion to refer this matter back to the Planning
Commission for review of the draft ordinance. The motion
carried by voice vote 4 -0, Councilmember Wozniak absent for
the vote.
D. Consider Status Report of 1993/94 Objectives and Consider
1994/95 Goals and Objectives. Staff Recommendation:
Direct staff as deemed appropriate. (Continued item.)
CONSENSUS: By consensus, the Council determined to continue
this matter to the Town Hall Meeting of July 9, 1994.
E. Consider City Flag Finalists. Staff Recommendation:
Direct staff as deemed appropriate. (Continued Item 11.Q.
from 6/15/94)
Ms. Hare gave the staff report.
CONSENSUS: By consensus, the Council determined to continue
this matter to July 20, 1994.
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F. Consider Possible Revision to Ventura County Library
Expansion Plans Requiring Use of City Property and Plan
Revisions. Staff Recommendation: Direct staff as deemed
appropriate. (Continued item.)
CONSENSUS: By consensus, the Council determined to continue
this matter to the Town Hall Meeting of July 9, 1994.
G. Consider Appeal No. 94 -4 of Approval for Minor
Modification No. 9 to CPD 89 -2 (Mission Bell Plaza) on
the application of Ventura Pacific Capital Group VI and
K -Mart Corporation. Staff Recommendation: Deny the
Appeal of Condition No. 1 and approve the appeal with
respect to the proposed relocation of the monument sign.
Mr. Porter gave the staff report. He said that regarding
the applicant's request for newspaper racks along the
Carl's Jr. drive through, staff had changed their mind
and determined that it would not unnecessarily clutter
the area.
David A. Ghirardelli, 1981 Marview Drive, Thousand Oaks,
addressed the Council regarding the newsracks. He said
forty percent of the clientele at Carl's Jr. is drive
through clientele and that these newsracks are for that
drive through clientele. He indicated that they would
also be willing to paint the newsracks.
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to approve the staff recommendation as
amended in the staff report to allow the newsracks for the
Carl's Jr. on the west building elevation, but deny them in
front of K -Mart; and to approve the appeal with respect to the
proposed relocation of the monument sign. The motion carried
by voice vote 4 -0, Councilmember Wozniak absent for the vote.
H. Consider Appeal No. 94 -2 of Minor Modification No. 8 to
CPD 89 -2 (Mission Bell Plaza) on the Application of Shell
Oil Company. Staff Recommendation: Deny the Appeal.
Mr. Porter gave the staff report. In response to Mayor
Lawrason, Mr. Porter indicated that Caltrans has the
final determination as far as median construction is
concerned.
Mr. Aguilera indicated that Caltrans' concern is the type
of median being considered for placement in this
location. He indicated that eventually, when the City
talks to Caltrans concerning the use of Area of
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Contribution funds for the construction of the full width
median at its ultimate location, that Caltrans will be
cooperative. He said they want a more extensive median
rather than just the frontage of this property.
CONSENSUS: By consensus, the Council determined to waive
their rules of procedure and receive late information.
The City Clerk gave the Council two documents provided by
the applicant, one a letter to A &S Engineering Services
from the Department of Transportation and the other a
letter to Ahmad Ghaderi from Linscott, Law and Greenspan,
Engineers.
Larry Turner, 5850 Canoga Avenue #300, Woodland Hills,
spoke representing Shell Oil Company. He said his
organization wants to obtain approval for the removal of
the curb at Park Lane.
Jack Greenspan, 106 S. Mentor, Pasadena, spoke
representing Linscott, Law and Greenspan. Mr. Greenspan
provided the footage specifications for the location of
the proposed driveway exit from the Shell Station onto
Park Lane.
Mayor Lawrason said he would have a concern with a left
turn from Los Angeles Avenue into this facility.
Councilmember Montgomery suggested continuing this item
for two weeks to review the information provided to the
Council and to do a site review and allow an opportunity
to review the diagram.
Councilmember Perez said he concurred with Councilmember
Montgomery. He said he also was concerned because of the
potential for danger with the left hand turn.
Councilmember Hunter said this similar situations
concerning left hand turns exists elsewhere in the City.
He said he would request that Lieutenant Rouse review any
incidence of accidents at similar sites, for example,
McDonalds, the Town Center, Chevron, Union Oil and the
Topa center. These are areas that have similar turning
movements.
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MOTION: Councilmember Montgomery moved and Councilmember
Hunter seconded a motion to continue this matter to August 17;
Lieutenant Rouse to evaluate the previously mentioned
locations with regard to accidents because of the turning
movement. The motion carried by voice vote 4 -0, Councilmember
Wozniak absent for the vote.
I. Consider Revisions to the City Park Naming Policy. Staff
Recommendation: Direct staff as deemed appropriate.
CONSENSUS: By consensus, the Council determined to continue
this matter to July 20, 1994.
J. Consider Waiver of Park Rental Fees for Moorpark Kiwanis
Club Softball Tournament. Staff Recommendation: Direct
staff as deemed appropriate.
Mr. Kueny gave the staff report.
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to approve the waiver of fees for the
Moorpark Kiwanis Club's Annual Softball Tournament to be held
Saturday and Sunday, September 24 and 25, at Peach Hill,
Mountain Meadows and Campus Canyon Parks from 7 a.m. - 7 p.m.;
the waiver to include required deposits as well as use of
bases, field drag, line hoses and landscape rakes. The motion
carried by voice vote 4 -0, Councilmember Wozniak absent for
the vote.
12. ORDINANCES:
None.
13. CLOSED SESSION:
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to adjourn to Closed Session for a
discussion of Item 13.E.
E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(pursuant to Subdivision (a) Government Code Section
54956.9) Name of Case: Conejo Freeway Properties, Ltd.
vs. City of Moorpark
The motion carried by voice vote 4 -0, Councilmember Wozniak
absent for the vote.
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AT THIS POINT in the meeting, a recess was declared. The time
was 11:03 p.m. The Council reconvened in Closed Session at
11:10 P.M.
Present in Closed Session were all Councilmembers but
Councilmember Wozniak, Steven Kueny, City Manager; Richard
Hare, Deputy City Manager; and Cheryl Kane, City Attorney.
The Council reconvened into Open Session at 11:19 p.m. Mr.
Kueny stated there was no action to report out of Closed
Session and only Item 13.E. had been discussed.
14. ADJOURNMENT:
Mayor Lawrason adjourned the meeting at 11:19 p.m.
Paul Vt. Lawr on Jr., ayor
ATTEST:
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