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HomeMy WebLinkAboutMIN 1997 0416 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California April 16, 1997 A Regular Meeting of the City Council of the City of Moorpark was held on April 16, 1997 in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 7 :15 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Nelson Miller. 3. ROLL CALL: Present: Councilmembers Evans, Perez, Rodgers Teasley, Wozniak and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Ken Gilbert, Director of Public Works; Mary Lindley, Director of Community Services; Dirk Lovett, Assistant City Engineer; Sergeant Rick Hindman, Sheriff's Department; Steven Hayes, Economic /Redevelopment Manager; Nelson Miller, Director of Community Development; Don Reynolds, Administrative Services Manager; and Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS AND COMMENDATIONS: A. Presentation to the Community Services Department from the Kiwanis Club of Moorpark. Mayor Hunter received the monetary donation from Emily Link, President of the Kiwanis Club of Moorpark. B. Introduction of New Employee, Blanca Garza. Mayor Hunter introduced Blanca Garza. C. Introduction of New Employee, Nancy Burns. Mayor Hunter introduced Nancy Burns. D. Recognition of May, 1997 as Clean Air Month. Mayor Hunter stated that the representative from the Minutes of the City Council Moorpark, California Page 2 April 16, 1997 American Lung Association was unable to be present and the proclamation will be mailed to them. E. City Manager's Monthly Report. Mr. Kueny summarized the recent projects completed in the City and he highlighted the activities of the City Manager's Department. AT THIS POINT in the meeting, a recess was declared to convene the Redevelopment Agency. The time was 7:25 p.m. The Council reconvened at 7:28 p.m. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 6. PUBLIC COMMENT: John Newton, 165 E. High Street, addressed the Council and provided an update on the documentation required for the requested General Plan Amendment 96 -2. Eloise Brown, 13193 Annette Street, requested that the City Council contact Caltrans relative to moving the corner of the fence located on the south side of Los Angeles Avenue near the Espresso Deli parking lot because it impedes a motorist's view of oncoming traffic when exiting the parking lot. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Evans announced the Rotary Club's upcoming Family Fun and Recreation Day to be held on May 3. Councilmember Wozniak complimented the Senior Center Coordinator, Carol Ghens, and her volunteer staff for the wonderful event they coordinated for the Senior Volunteer Dinner held on April 15, 1997. Mayor Hunter read announcements of upcoming events in the City. 8. PUBLIC HEARINGS: A. Consider Formation of the Community Facilities District (CFD) for the Purpose of Constructing Various Public Improvements with an Estimated Cost of $11 Million to be U()wsa Minutes of the City Council Moorpark, California Page 3 April 16, 1997 Funded by a "Mello Roos" Bond Issuance Associated with Development of the "Carlsberg Project" Commercial and Industrial Area as Part of Specific Plan No. 1. Staff Recommendation: Leave public hearing open and continue this item to May 7, 1997. (CONTINUED ITEM) PUBLIC HEARING REMAINS OPEN. Mr. Hare gave the staff report. MOTION: Councilmember Perez moved and Councilmember Evans seconded a motion to continue this item to May 7, 1997 with the public hearing to remain open. The motion carried by unanimous voice vote. B. Consider a Request from A. Deewayne Jones, for General Plan Amendment 96 -2 from M (Medium Density Residential) to C -2 (General Commercial) on a Four Acre Parcel Located Contiguous with the Southwest Quadrant of Mission Bell - Phase 2, Assessor's Parcel No. 511- 140 -13. Staff Recommendation: Approve contingent upon pending a receipt of Offer of Dedication of Development Rights in form approved by City Attorney. (Continued item) (PUBLIC HEARING IS CLOSED) Mr. Miller gave the staff report. He said the Offer of Dedication of Development Rights should be ready for Council consideration by May 7. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to approve the processing of the Commercial Planned Development and Tentative Tract Map applications contingent upon pending receipt of the Offer of Dedication of Development Rights in a form approved by the City Attorney. The motion carried by unanimous voice vote. 9. PRESENTATIONS /ACTION /DISCUSSION: A. Consider Recruest from the Chamber of Commerce to Waive and /or Reduce Permit Fees and Co- Sponsor a Circus Event, May 27 and 28, 1997. Staff Recommendation: That the City Council decline the request to co- sponsor the Circus Event, require the rental of barricades and cones, and bill for police at the current contract rates plus 15 percent, and the cost of the Administrative Services Manager, plus 15 percent to assist in planning the event. Don Reynolds gave the staff report. Minutes of the City Council Moorpark, California Page 4 April 16, 1997 Linda Plaks, 4957 Mira Sol, addressed the Council as President of the Chamber of Commerce. She requested that the Council reduce the charges that they want the Chamber of Commerce to pay for sponsoring this event. Joe Ahearn, 484 E. Los Angeles Avenue, 4214, addressed the Council as a representative of the Chamber of Commerce. He also requested that the City reduce the charges to the Chamber of Commerce for this event. Councilmember Teasley said she does not believe it is fair to charge the base fee plus the 15 %, because the Chamber of Commerce had not been previously informed about this possible action. She would rather charge the base fee as outlined in the staff report and place a cap of 10 hours for the Police Sergeant for Pre -Event Planning and a cap of 8 hours for the Administrative Services Manager for Pre - Event Planning. MOTION: Councilmember Teasley moved and Councilmember Perez seconded a motion to decline the request to co- sponsor the Circus Event, require the rental of barricades and cones, and bill for police at the current contract base rates as outlined in the staff report dated April 4, 1997 with a cap of 10 hours for the Police Sergeant for Pre -Event Planning, and the cost of the Administrative Services Manager at the base rate as outlined in the staff report dated April 4, 1997 with a cap of 8 hours of his time for Pre -Event Planning. The motion carried by unanimous voice vote. B. Consider Approval of a Chanae to the Desian for the Widening of Los Angeles Avenue West of South Condor Drive (Los Angeles Avenue - East) . Staff Recommendation: Direct the City Engineer to modify the preliminary design for the construction of street improvements along the subject segment of Los Angeles Avenue as described in the staff report. Mr. Gilbert gave the staff report. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to direct the City Engineer to modify the preliminary design for the construction of street improvements along the subject segment of Los Angeles Avenue as described in the staff report dated April 7, 1997. The motion carried by unanimous voice vote. Ut "86 Minutes of the City Council Moorpark, California Page April 16, 1997 C. Consider Approval of Comments on the Draft Negative Declaration Prepared by the County of Ventura for a County Project to Realign and Reconstruct Moorpark Road South of Tierra Rejada Road. Staff Recommendation: 1) Direct staff to prepare a letter to the County of Ventura providing comments on the subject document as summarized in the staff report; 2) Direct staff to include in said letter, a statement that the City supports the County's preferred alignment: realignment of Moorpark Road to align with Spring Road. Mr. Gilbert gave the staff report. Mayor Hunter said he has concerns that if the realignment of Moorpark Road is brought to the Spring Road intersection, it will bring a lot more non - Moorpark traffic closer to the City. He stated that the alignment should be done at the existing location of the intersection. Councilmember Wozniak said that the Council needs to pay close attention to any project that removes viable agricultural land. He said he prefers Alternative No. 1 aligning Moorpark Road at the existing intersection. Councilmember Teasley said that in the letter to the County two specific comments should be included and they are 1) in support of the County's efforts to preserve as much agricultural land as possible, the City recommends Alternative 1 as the choice; and 2) for the benefit of the taxpayers in the County, the City recommends Alternative 1 as it is less expensive to implement at the location of the existing intersection. MOTION: Mayor Hunter moved and Councilmember Evans seconded a motion to recommend Alternative No. 1 as the preferred choice to realign Moorpark Road at the location of the existing intersection; direct staff to prepare a letter to the County of Ventura including the comments provided in Section D of the staff report dated April 7, 1997 and 1) that in support of the County's efforts to preserve as much agricultural land as possible, the City recommends Alternative 1; and 2) for the benefit of the taxpayers in the County, the City recommends Alternative 1 as a less expensive implementation of the realignment of Moorpark Road. The motion carried by unanimous voice vote. D. Consider Resolution No. 97 -1303 Directing the Planning Commission to Study, Set a Public Hearing and Provide Recommendation to the City Council Pertaining to Proposed Minutes of the City Council Moorpark, California Page 6 April 16, 1997 Chanqes to Chapter 17.20 (Uses by Zone)of the Moorpark Municipal Code City of Moorpark Zoning Ordinance (Zoning Ordinance Amendment No. 97 -1) and Provide a Recommendation Regarding Elimination of Service Stations as a Conditional Use in M -1 and M -2 Zones. Staff Recommendation: Adopt Resolution No. 97 -1303. Mr. Miller gave the staff report. He explained that the Council may want to consider adding to Section 2 of the resolution that the Planning Commission will also consider the height and location of walls when they provide their recommendation for allowable uses in each zone. MOTION: Councilmember Perez moved and Mayor Hunter seconded a motion to adopt Resolution No. 97 -1303 as amended to include in Section 2 that the Planning Commission will include in their study of allowable uses in each zone, consideration of the height and location of walls. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, the Council took a recess. time was 8 :53 p.m. The Council reconvened the meeting at 9:08 p.m. The E. Consider Request by Madelaine Shenkel and Bill Tanner for the City to Initiate a General Plan Amendment to Amend the Land Use Element of the General Plan on 4.78 Acres, Located at 13991 Los Angeles Avenue (APN 513- 01 -22) from RH (Rural High 1 DU /5 Acres Minimum) to I- 2(Medium Industrial) and Zone Change from RE -1 Acre (Rural Exclusive 1 Acre Minimum) to M -2 (Limited Industrial). Staff Recommendation: Authorize acceptance of the applications once existing violations of the Municipal Code on the property are corrected. Mr. Miller gave the staff report. CONSENSUS: By consensus, the Council determined to waive their Rules of Procedure to accept a letter from Christine and Cliff May. Mayor Hunter indicated that the letter from Christine and Cliff May, 13853 E. Los Angeles Avenue, states their opposition to the General Plan Amendment and Zone Change. Minutes of the City Council Moorpark, California Page 7 April 16, 1997 John Newton, 165 High Street, spoke representing the applicant. He indicated that the applicant will correct the code enforcement violations referred to in the staff report dated March 31, 1997. He requested that the applicant be allowed to operate their business until the completion of the General Plan Amendment and that they be allowed to initiate the process. Mr. Newton said part of the situation as it exists is because City staff was unable to process the application in a timely manner when it was submitted in December due to other priorities. He requested that the staff recommendation be changed to read "authorize acceptance of the applications." Mr. Newton said the applicant would not expand use on the site. Councilmember Wozniak stated that due to the Council changing the workload of the planning staff he believes the Council created part of the delay of this project and agreed that the staff recommendation be changed as Mr. Newton requested. In response to Mr. Kueny, Mr. Newton said this is not a 24- hour operation. In response to Council question, Mr. Miller said the applicant was told when he filed the application that the process would take at least six months. MOTION: Councilmember Teasley moved and Councilmember Wozniak seconded a motion to 1) authorize the processing of the General Plan Amendment on this site by adoption of Resolution No. 97- 1304; and 2) the suspension of Code Enforcement action for zoning violations relative to use on this site as the use exists today. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, Councilmember Perez left the meeting. The time was 10:13 p.m. Mr. Kueny left the meeting. The time was 10:13 p.m. F. Consider Approval of Minor Modification No. 5 to Major Modification No. 1 of CPD 90 -2 on the Application of Nadel Architects Approving the Artwork and Reimbursement of Art in Public Places Fee to American Stores Properties in the Amount of $11,323.80 Upon Completion of the Artwork on Property Located Southwest of the Corner of Tierra Rejada Minutes of the City Council Moorpark, California Page 8 April 16, 1997 ._. Road and Mountain Trail Approve Resolution No. c reimbursement to American submitted by the property Places fee in the amount the artwork. Street. Staff Recommendation: ]- Approving the artwork and Stores Properties of the deposit owner the submitted Art in Public of $11,323.80 upon completion of Mr. Miller gave the staff report. CONSENSUS: By consensus, the Council determined to waive their Rules of Procedure to receive new information from the applicant's artist, Mr. Watling. Michael Watling, 69 -030 Pinesmoke Road, Mountain Center, addressed the Council regarding the proposed sculpture for Mountain Meadows Plaza. He provided his qualifications as an artist and described the sculpture as it would appear in final form. He also distributed photographs of other examples of his work to the Council. Lori Rutter, 11611 Pinedale Road, addressed the Council and said she likes the sculpture and asked for clarification of some details of its placement in the shopping center. Councilmember Evans stated that he does not believe the sculpture accurately depicts Moorpark and the surrounding area. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to not approve the artwork or the resolution. The motion carried by 4 -0 voice vote, Councilmember Perez absent for the vote. Mr. Kueny returned to the meeting. The time was 10:29 p.m. G. Consider Resolution No. 97 -1305 Approving Minor Modification No. 2 to Development Plan Permit No. 296 on the Application of Spectra F/X - A Request for a Time Extension to a Temporary Use Permit Approved for a Low Speed Gliding Coaster at Spectra F /X, 200 Science Drive. Staff Recommendation: Adopt Resolution No. 97 -1305 approving an additional six months. Mr. Miller gave the staff report. MOTION: Councilmember Evans moved and Councilmember Teasley seconded a motion to adopt Resolution No. •97 -1305 approving ()()Wb b Minutes of the City Council Moorpark, California Page 9 April 16, 1997 Minor Modification No. 2 to Development Plan. Permit No. 296 on the Application of Spectra F /X; approving a tir.e extensicn of an additional six months to a temporary use permit approved for a low speed gliding coaster at Spectra F /X, 200 Science Drive. The motion carried by 4 -0 voice vote, Councilmember Perez absent for the vote. CONSENSUS: By consensus, the Council determined not to reorder the agenda and to take each item in order as it appears on the agenda. H. Consider Request by Stephen R. Anderson and Paul D. Burns for the Initiation of a General Plan Amendment to Amend the Land Use Element of the General Plan on 43.32 Acres of Undeveloped Land West of Gabbert Road, North of the Southern Pacific Railroad (APN 500 -34 -22 and -23) from Ag -1 (Agricultural 1DU /10 -40 Acres) to I -2 (Medium Industrial) and Zone Change from AE (Agricultural Exclusive) to M -2 (Limited Industrial). Staff Recommendation: 1) Direct that any General Plan Amendment for industrial uses be subject to preparation of a Specific Plan; 2) Authorize the applicant to initiate and staff to process an application for General Plan Amendment and Specific Plan to change the Zoning and concurrently process a General Plan Amendment to amend the Land use Element of the General Plan. Mr. Miller gave the staff report. John Newton, Newton Associates, 165 High Street, addressed the Council representing the applicant. He expressed objection to the requirement to have the request processed as a Specific Plan. He said Specific Plans are normally related to large multi -use properties and are done at a much higher cost to the applicant. In response to Council question, Mr. Miller said a Specific Plan is being required because there are some issues related to infrastructure that a Specific Plan resolves. Mr. Kueny suggested that the Council may allow this to go forward knowing that they have an option later on in the process at the time the General Plan Amendment decision is considered at Council level to require a Specific Plan. Mr. Newton agreed that Mr. Kueny's suggestion would be acceptable to the applicant. Q()pA9(;, Minutes of the City Council Moorpark, California Page 10 April 16, 1997 MOTION: Councilmember Wozniak moved and Councilmember Teasley seconded a motion to 1) authorize the applicant to initiate and staff to process an application for General Plan Amendment to change the zoning and concurrently process a General Plan Amendment to amend the Land Use Element of the General Plan with the deletion of the reference to a Specific Plan; and 2) Council to reconsider the option of requiring the applicant to make application for a Specific Plan at the time the decision is made on the General Plan Amendment. The motion carried by 4 -0 voice vote, Councilmember Perez absent for the vote. I. Consider Proposed Land Use and Public Streetscape Improvements to be Analyzed in the Preparation of Environmental Documents Proposed Downtown Specific Plan. Staff Recommendation: Approve revised proposed land uses and public streetscape improvements as identified in the Draft Downtown Specific Plan for analysis in the preparation of environmental documents and cost estimates. Mr. Miller gave the staff report. Lori Rutter, 11611 Pinedale Road, addressed the Council. She said the Council needs to remember that any action they take on this item may undermine the recommendations of the Ad Hoc Downtown Citizens Advisory Committee. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to approve revised proposed land uses and public streetscape improvements as identified in the Draft Downtown Specific Plan for analysis in the preparation of environmental documents and cost estimates. The :notion carried by 4 -0 voice vote, Councilmember Perez absent for the vote. J. Consider a Request to Delete the Requirement for Onsite Detention Required by the Conditions of Approval for Tentative Parcel Map 5037 and IPD's 96 -1B and 96 -2A through 96 -2E (West America Corporation). Staff Recommendation: 1) Modify the Conditions of Approval for Tentative Parcel Map 5037 and IPD's 96 -1B and 96 -2A through 96 -2E as stated in the staff report; 2) Direct staff to approve a Minor Modification to the subject approved IPDs and Parcel Map upon application of the developer and payment of any required fees. Mr. Lovett gave the staff report. Councilmember Teasley left the dais. The time was 10:55 cwoosI. Minutes of the City Council Moorpark, California Page 11 April 16, 1997 p.m. MOTION: Mayor Hunter moved and Councilmember Wozniak seconded a motion to 1)Modify the Conditions of Approval for Tentative Parcel Map 5037 and IPD's 96 -1B and 96 -2A through 96 -2E as stated in the staff report dated April 4, 1997; 2) Direct staff to approve a Minor Modification to the subject approved IPDs and Parcel Map upon application of the developer and payment of any required fees. The motion carried by voice vote 3 -0, Councilmembers Perez and Teasley absent for the vote. Councilmember Teasley returned to the dais. The time was 10:59 P.M. K. Consider Resolution No. 97 -1306 Approving the Mitigated Negative Declaration and Adopting a Mitigation Monitoring Program for the Spring Road Bridge Replacement Project. Staff Recommendation: Adopt Resolution No. 97 -1306 approving the Mitigated Negative Declaration for the project and adopt the Mitigation Monitoring Program. Mr. Gilbert gave the staff report. MOTION: Councilmember Teasley moved and Councilmember Evans seconded a motion to adopt Resolution No. 97 -1306 approving the Mitigated Negative Declaration for the project and adopt the Mitigation Monitoring Program. The motion carried by 4 -0 voice vote, Councilmember Perez absent for the vote. L. Consider Appointment of One or More Ad Hoc Committees to Meet with Moorpark Unified School District Board of Education Ad Hoc Committees. Staff Recommendation: Direct staff as deemed appropriate. Councilmember Wozniak stated that he has a proposal for the Council to consider and it consists of three committees as follows: 1. Casey Road Site and City Participation in Advance Planning of School Facilities. 2. Crossing Guard Funding and Circulation and Parking Around Schools including City Issued Encroachment Permits for District Events. 3. Joint Use Facilities and Programs (e.g., proposed tennis courts, D.A.R.E. and Project Pride). ()("9Z Minutes of the City Council Moorpark, California Page 12 April 16, 1997 MOTION: Mayor Hunter moved and Councilmember Evans seconded a motion to accept the three committees as outlined above with the members of the committees being as follows: 1. Casey Road Site and City Participation in Advance Planning of School Facilities. Members: Councilmembers Evans and Teasley 2. Crossing Guard Funding and Circulation and Parking Around Schools including City Issued Encroachment Permits for District Events. Members: Councilmember Teasley and Mayor Hunter 3. Joint Use Facilities and Programs (e.g., proposed tennis courts, D.A.R.E. and Project Pride). Members: Councilmembers Perez and Wozniak The meetings will be conducted in Open Session. The motion carried by 4 -0 voice vote, Councilmember Perez absent for the vote. M. Consider Letter of Support for Moorpark Unified School District Grant Proposal for Joint Use Gymnasium at Chaparral Middle School. Staff Recommendation: Direct staff as deemed appropriate. Mr. Kueny gave the staff report. MOTION: Councilmember Evans moved and Councilmember Teasley seconded a motion to direct staff to provide a letter of support for Moorpark Unified School District Grant Proposal for joint use gymnasium at Chaparral Middle School with no commitment of funds by the City. The motion carried by 4 -0 voice vote, Councilmember Perez absent for the vote. 10. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to approve the Consent Calendar. The motion carried by 4 -0 roll call vote, Councilmember Perez absent for the vote. 11 1' Minutes of the City Council Moorpark, California Page 13 April 16, 1997 A. Consider Approval of Minu-�es of the Regular City Council Meeting of March 5, 1997. Staff Recommendation: Approve the minutes as processed. B. Consider Approval of the Warrant Register. Manual Warrants 33243 -33248 $ 4,166.95 Regular Warrants 33249 - 33337, 33338 -33373 $534,090.68 Staff Recommendation: Approve the Warrant Register. C. Consider Approval of a Notice of Completion for the Moorpark Avenue /Spring Road Storm Drain and the Adoption of Resolution No. 97 -1307 Amending the Budget for Said Project to Reflect Projected Actual FY 1996/97 Project Costs. Staff Recommendation: 1) Accept the work as complete; 2) Instruct the City Clerk to file a Notice of Completion for the project; 3) Authorize the release of the retention upon satisfactory clearance of the thirty five (35) day lien period; and, 4) Adopt Resolution No. 97 -1307 approving a budget amendment to revise the appropriation and budget amount for the subject project as follows: a) L. A. Avenue AOC (211.901.8011.000.9903): from $516,300 to $600,000 ($83,700 increase); Gas Tax (240.801.8011.000.9903): from $182,500 to $111,000 ($7,,500 decrease) ; and, c) STA (241.801.8011.000.9903): from $127,200 to $77,000 ($50,200 decrease). D. Consider Matters Pertaininq to a Contract for Miscellaneous Concrete work at Various Locations: a) Rescinding Prior Action Awarding a Contract for Such Work; b) Awarding a Contract to the New Lowest Responsive Bidder; c) Amending the Contract Price to Include Certain Additional Work; and d) Adopting Resolution No. 97 -1308 Increasing the Budget Amount for Said Project. Staff Recommendation: 1) Declare the bid submitted by G.P. General Electric Company to be non - responsive and rescind the award of contract to said firm; 2) Award a contract to G. T. Equipment Company for said work, in the amount of $17,842.02; 3) Approve certain additional work increasing the contract amount to $22,639.02; 4) Authorize the City Manager to approve additional work, if required, not to exceed $3,395.85; 5) Authorize the Mayor to sign necessary contract documents; Minutes of the City Council Moorpark, California Page 14 April 16, 1997 and 6) Adopt Resolution No. 97 -1308 increasing the project funding from the Gas Tax Fund, from $19,000 to $25,000 ($6,000 increase) . E. Consider Resolution No. 97 -1309 Approving an Amendment to the FY 1996/97 Budget to Fund Actual Project Costs for a Project to Widen the West Side of Moorpark Avenue Just North of Poindexter Avenue (Account No. 203.801.8015.9903) (Local Transportation Fund). Staff Recommendation: Adopt Resolution No. 97 -1309 approving a budget amendment to increase the appropriation and budget amount for a project to widen Moorpark Avenue just north of Poindexter Avenue, from $43,000 to $47,000 ($4,000 increase), from the L. A. Avenue AOC (Account No. 211.901.8015.000.9903). F. Consider a Line Item Transfer for the Purchase of a Postaae Folding Machine and Reappropriation of Funds in the General Fund, Community Development Fund and Gas Tax Fund. Staff Recommendation: Approve the proposed line item transfer from Improvements Other than Buildings to Office Equipment, as shown in the staff report, reappropriating the cost savings from phone upgrades, for the purchase of a mail folding machine. G. Consider the Purchase of Recreation Registration, Facilit Scheduling, and League Scheduling Computer Software. Staff Recommendation: Approve the purchase of RecWare Recreation computer software, Activity Registration and Facility Reservation modules, at a cost not to exceed $6,800, and authorize the City Manager to sign a yearly maintenance agreement on behalf of the City. H. Consider Award of a Contract for the Design and Implementation of an Emergency Response Exercise. Staff Recommendation: That the city Council award a contract for the design and implementation of an emergency response exercise to Caroline Pratt and Associates, Inc. At a cost not to exceed $4,080, and authorize the City Manager to sign said contract on behalf of the City. I. Consider Approval of a Certificate of Acceptance for Certain Slope Easements South of Wicks Road. Staff Recommendation: Approve Certificates of Acceptance for certain access /maintenance easements across certain property located on the north side of Everett Street, granted by Mr. and Mrs. Cho, and direct the City Clerk to -- send said easements and certificates to the County Recorder Minutes of the City Council Moorpark, California Page 15 April 16, 1997 for recordation. 11. ORDINANCES: A. Consider Second Reading of Ordinance 226 - An Ordinance of the City Council of the City of Moorpark, California, Approving Zone Change No. 96 -1, Changing the Zoning on a Four Acre Parcel Located Contiguous with the Southwest Quadrant of Mission Bell -Phase 2 (Assessor's Parcel No. 511 - 140 -13) from R -1 -8 (Single Family Residential 8,000 Square Foot Minimum) to CPD (Commercial Planned Development on the Application of A. Deewayne Jones, D.D.S. Staff Recommendation: Approve second reading of Ordinance No. 226, pending receipt of Offer of Dedication of Development Rights in form approved by City Attorney. CONSENSUS: By consensus, the Council determined to continue this item to May 7, 1997. B. Consider Second Reading of Ordinance 227 - An Ordinance of the City Council of the City of Moorpark, California, Amending the Moorpark Municipal Code by Adding Article IV, Chapter 9.08 Relative to Unsanitary Urination and Defecation. The Deputy City Clerk read the ordinance title. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to waive further reading and declare the Ordinance read for the second time. The motion carried by 4 -0 voice vote, Councilmember Perez absent for the vote. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to adopt Ordinance 227 as read. The motion carried by 4 -0 voice vote, Councilmember Perez absent for the vote. C. Consider Second Reading of Ordinance 228 - An Ordinance of the City Council of the City of Moorpark, California, Adding Article V to Chapter 10.04 of Title 10 of the Moorpark Municipal Code to Provide for the Collection of Administrative Costs Relating to the Removal, Impound, Storage and Release of Impounded Vehicles. The Deputy City Clerk read the ordinance title. Minutes of the City Council Moorpark, California Page 16 April 16, 1997 MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to waive further reading and declare the Ordinance read for the second time. The motion carried by 4 -0 voice vote, Councilmember Perez absent for the vote. MOTION: Councilmember seconded a motion to carried by 4 -0 voice vote. 12. CLOSED SESSION: None was held. 13. ADJOURNMENT: Evans moved and Councilmember Wozniak adopt Ordinance 228 as read. The motion vote, Councilmember Perez absent for the MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to adjourn the meeting. The motion carried by voice vote 4 -0, Councilmember Perez absent for the vote. The meeting adjourned at 11:: ATTEST: 00M9'7