Loading...
HomeMy WebLinkAboutMIN 1987 0729 CC ADJMINUTES OF THE CITY COUNCIL Moorpark, California July 29, 1987 The adjourned meeting of the City Council of the City of Moorpark, California was held on July 29, 1987, in the Moorpark Community Center, Room A, of City Hall located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: The meeting was called to order at 6:05 p.m. by Mayor Clint Harper. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Brown. 3. ROLL CALL: Present: Councilmembers Eloise Brown, Thomas Ferguson, John Galloway, John Patrick Lane, and Mayor Clint Harper. Steven Kueny, City Manager; Cheryl Kane, City Attorney; and Maureen W. Wall, City Clerk. 4. PUBLIC COMMENTS: A. Mr. Jim Hartley, 5950 Gabbert, each individual Councilmember nomination to the commissions. 5. ORDINANCES: stated he was not in favor of having control over their A. Further Council consideration_ of possible amendments to Ordinance No. 33, an ordinance relatinq_to commissions. Councilmember Lane suggested commissions be removed by a majority vote of the Council, rather than at the pleasure of his or her nominating Councilmember. He also suggested that a total of six absences in a calendar year without prior approval should be grounds for the commissioner's removal from office. Councilmember Ferguson stated each Councilmember has the right to make a nomination, but the full Council has to make the appointment. He felt the Councilmember should have the right to remove his nomination, and that removal be confirmed by a 3l5ths vote of the full Council. Councilmember Brown was concerned a "super body" commission might be created which does not feel it has to be held accountable. Minutes of the City Council MoorparkCalifornia 2 Councilmember Galloway felt each Councilmember right to remove his nominee. He also wanted and duties of the commissioners enhanced. July 29. 1987 should have the to see the roles Mayor Harper suggested the section which allows the nominating Councilmember to remove his nominee at his or her pleasure be removed. MOTION: Councilmember Galloway moved and Councilmember Brown seconded a motion to amend the Membership and Term of Office sections in Ordinance 33 to react as follows: "The Planning (Parks and Recreation) Commission shall consist of five (5) members, to be appointed by the City Council. Each elected member of the City Council shall have the right to nominate one member to the Commission and the term of the Commissioner shall be for a period of two (2) years or, in the event that the nominating Councilmember vacates his or her seat on the Council, the term of the respective Commissioner shall extend to the installation date of the_ newly — elected Councilmember; if no election is held the term shall extend to the expiration of their two (2) _wear _term. The regular appointment, or re- appointment, as the case may be, shall occur at the reorganization meeting of the City Council held every even numbered year. If a vacancy shall occur otherwise than by expiration of a term, it shall be filled by nomination by the respective Councilmember for the unexpired portion of such term. The term of the ex officio or advisory members shall correspond to their respective terms of office." The motion was approved by a voice vote, with Mayor Harper voting no. MOTION: Councilmember Lane moved and Councilmember Ferguson seconded a motion to amend the Membership and Term of Office sections of the ordinance to strike reference to a two (2) year term, and to provide that the term of office shall correspond to the term of the nominating City Councilmember. The motion was approved by a voice vote with Cotincilmembers Brown and Galloway voting no. Councilmember Galloway commented he did not vote for the motion since each Councilmember alr,Pady has the right to remove their nominee. MOTION: Councilmember Galloway moved and Councilmember Brown seconded a motion to amend the Removal of Members sections of the ordinance to read as follows: I By formal request _of_the nominating City_ Councilmember. or his or her_ successor; - -- " A majority vote of the legislative body; Minutes of the City Council Moorpark,California _ 3 July 29, 1987 L3) Absence from three (3) consecutive regular meetings without formal consent of the Commission shall be deemed to constitute the resignation of the Commissioner and the position declared vacant." The motion was approved by a voic.p vote with Councilmember Lane and Mayor Harper voting no. Councilmember Lane commented he could not support the motion to allow removal of a commissioner without a 3 /5ths vote of the full Council. MOTION: Councilmember Lane moved and Councilmember Harper seconded a motion to amend the Qualifications of Members sections (a) of the ordinance to read as follows: "The members of the Commission shall be residents and registered voters of the City. Residence for these. p rooses_shall mean primary location where one resides. When a person serving on the City Planning or Parks and Recreation Commission ceases to be a resident of the City of Moorpark, the City Councilmember responsible for the nomination shall declare vacant such person's position on the Planning or Parks and Recreation Commission and shall nominate another eligible person to the unexpired term of such former member." The motion failed by a voice vote, with Councilmembers Brown, Ferguson and Galloway voting no. By consensus of Council, staff was directed to return to the Council with a draft ordinance reflecting the changes approved by the Council, and the City Attorney was further directed to ensure consistency in all sections of the draft ordinance. 6. ADJOURNMENT: MOTION: Councilmember Brown moved and Councilmember Lane seconded a motion to adjourn the meeting to 7:15 p.m. in the Council Chambers of City Hall. The voice vote was unanimnu-,. The time of adjournment was 7:00 p.m. The adjourned meeting of the City Council of the City of Moorpark, California was held on July 29, 1987, in the Council Chamhere of City Hall located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: The meeting was called to order at 7:2n p.m. by Mayor Clint Harper. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Lane. 3. ROLL CALL: Minutes of the City Council Moorpark, California 2 5 A July 29, 1987 Present: Councilmembers Eloise Brown, Thomas Ferguson, John Galloway, John Patrick. Lane, and Mayor Clint Harper. Steven Kueny, City Manager; Cheryl Kane, City Attorney; Patrick Richards, Director of Community Development; Dennis Delzeit, City Fngineer; Lt. Mike Brown, Sheriff's Department; Gerald Forde, Director of Community Services, Thomas P. Genovese, Deputy City Manager; Burt Rapp, City Engineer's Office; and Maureen W. Wall, City Clerk. APPROVAL OF MINUTES: A. Minutes of the Regular Meeting of April 1, 1987. MOTION: Councilmember Galloway moved and Councilmember Brown seconded a motion to amend the consensus of Council for Item 11.P. to read, "By consensus of Council, the newsletter will be printed on letter quality paper as opposed to newsprint, and Councilmembers Galloway and Perez were appointed to a sub - committee to work with staff to develop topics for the City newsletter." The motion was approved by a unanimous voice vote. MOTION: Councilmember Galloway moved and Councilmember Brown seconded a motion to approve the minutes as amended. The voice vote was unanimous. PROCLAMATIONS, COMMENDATIONS._SPECIAL PRESENTATIONS: None were presented. PUBLIC COMMENTS: A. Mrs. Connie Lawrason, 4291 Ambermeadow, reported unsightly dumping had occurred at the corner, of Moorpark Road and Tierra Rejada Road. B. Mr. Chuck Watson, 2080 Winifred Street, Simi Valley, informed Council he was representing Simi Valley Board of Realtors who were interested in Council's actions concerning Item 11.F. on the agenda. C. Teresa A. Cortes, 1095 Walnut. Canyon Road, asked Council to reduce the speed limit on Walniit Canyon Road to ensure the safety of residents there. D. Mr. Martin Hernandez, 1245 Walnut the "broken" center line striping changed to a "solid" center line. from passing trucks in the area. Councilmember Ferguson mentioned the corner of Moorpark Road and contacted. He was in the procPs,, Canyon Road, asked Council if on Walnut Canyon Road could be He felt this would keep cars the owner of the property at Tierra Rejada Road had been of cleaning up the debris that Minutes of the City Council Moorpark1.C41 fornia- _5 July 29,__1987 had been dumped at the site, and further informed the City he would be constructing a fence to discourage further dumping. Councilmember Lane reported the Walnut Canyon Road sub - committee is working with CalTrans to make improvements to the Walnut Canyon Road area. He further reported the use of a decibel meter to measure noise levels in that area is being considered. E. Mr. Joe Latunski, 289 Casey Road, did not feel that the Council needed to address City inspection of residential units prior to resale (Item 11.F.). 7. CONSENT CALENDAR: A. Acceptance of an Easement Deed for 1andsca_p:1r! _purposes adjacent to Tract No. 3525 Warmington); the project is located at the northwest and southwest__ corners of the intersection of Tierra Rejada Road and Peach_ Nill Road. Staff recommended Council authorize the execution of a ('Prtificate of Acceptance for the Easement Deed. B. Acceptance of Easement Deeds for meandering sidewalks along_ Los Angeles Avenue and Moorpark Avenue for PD -101.0 (Palmer ; the project is located at the southeast corner of the Los_ Anqeles Avenue /Moorpark Avenue_ intersection. Staff recommended Council authorize the execution of a certificate of Acceptance for the Easement Deeds. C. Resolution No. 87- A resolution designatina_the Director of Community Development_as the Buildi_nq Official of the City. Staff amended their recommendation to ask Council to defer action on this item to August. 5, 1987. MOTION: Councilmember Ferguson moved and Councilmember Brown seconded a motion to approve the Consent Calendar with staff's amended recommendations. The voice vote was unanimous. 8. REORDERING OF, AND ADDITIONS TO, THE AGENDA: MOTION: Councilmember Galloway moved and Councilmember Brown seconded a motion to add consideration of a letter to be sent to CalTrans and other officials reviewing the 118/ 23 connector, since the need to take acti -n arose subsequent to the posting of the agenda. The voice vote was unanimous, with the matter hecnminq 1t.em 10.G. on the agenda. MOTION: Mayor Harper moved and Councilmember Lane seconded a motion to add consideration of an interim swim {grogram to the agenda, since the need to take action arose subsequent. to the posting of the agenda. The voice vote was unanimous, with t.hP mat.t.Pr hecoming Item 11.C. on the agenda. MOTION: Councilmember Galloway moved and Councilmember Brown seconded a motion to add consideration of the Rubberized Railroad Crossing Project, since the need to take action arose subsequent to the posting Minutes of the City Council Moorpark,_ California 6 _ July__29i_ 1987 of the agenda. The voice vote was unanimous, with the matter becoming Item 11.Y. on the agenda. 9. PUBLIC HEARINGS: No Public Hearings were held. 10. COMMENTS FROM COUNCILMEMBERS: A. Consider an appointment to the va-cancy on the 118 /23 Connection Action Group nomination from Councilmember Ferguson). Councilmember Ferguson nominated Mr. Mark "Bud" Beers. MOTION: Councilmember Ferguson moved and Councilmember Brown seconded a motion to appoint Mr. Beers to the 118/23 Connection Action Group. The voice vote. was unanimous. B. Consider a recommended_ appointment to Southern California_ Association ove of Governments _ (SCAG) -Transportation and Communications Committee. MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to appoint Councilmember Lane to the Southern California Association of Governments' Transportation and Communications Committee. Thp voice vote was unanimous. C. Consider making two appointments to t_h_e __Des_i_gn Standards_ Committee due to resignations. MOTION: Councilmember Galloway moved and Councilmember Brown seconded a motion to appoint. Ms. Karen Stahl to the committee. The voice vote was unanimous. MOTION: Councilmember Lane moved and Councilmember Galloway seconded a motion to appoint Mr. Jeff Rosen to the committee. The voice vote was unanimous. D. Consider designation of _a voting delegate for _t_he_ League of Ca lifornia Cities Annual Conference. MOTION: Councilmember Ferguson moved and Councilmember Lane seconded a motion to designate Councilmember Brown as the delegate, and Councilmember Galloway as the alternate. The voice vote was unanimous. E. Consider an appointment to the Area Housinq Auth_oriy the current appointee's term expires July 31, 1987. MOTION: Councilmember Lane moved and Councilmember Ferguson seconded a motion to appoint Mr. Ruben Castro as the City's representative to the Area Hopi -,inq Authority. The voice vote was unanimous. Minutes of the City Council Moorpark_,_California __. _ _- 7 — July_29 _1987 F. Consider appointing an alternate to the Countywide Planning Program Advisory Committee_. The- vacancy occurs _due to the resignation of the current alternate. Consideration of this item was continued to August 19, 1987. G. Consider sending a_ letter to CalTrans and other _.officials reviewing the 118 /23 connector. Councilmember Galloway commented it was his impression the State is reluctant to go through the federal environmental process which would be required if the State recommended the connector cross the wetlands area even though, historically, the Arroyo Simi is a dry stream bed. Its current water flow is man -made, and not natural to the area. Ile additionally pointed out the 1968/69 flooding washed away the road in the area, and encroached into the freeway's right -of -way. Therefore, he felt the roadway could be located south of its proposed location, and not infringe on the wetlands unduly. MOTION: Councilmember Galloway moved and Councilmember Brown seconded a motion to submit a letter addressed to Mr. Ballantyne of CalTrans at the CalTrans Open House Meeting, with copies to federal offices, which indicated the City's preference that the connector be located south of the area currently being proposed. AMENDMENT TO THE MAIN MOTION: Councilmember Harper moved and Councilmember Lane seconded a motion to add a statement to the letter being proposed, asking CalTrans to consider again the feasibility of a full -speed connector on the south side of the arroyo. The motion failed by a voice vote with Councilmembers Brown, Galloway and Ferguson voting no. Councilmember Galloway commented this was not the appropriate time to address this issue. The main motion was approved by a voice vote with Mayor Harper voting no. Councilmember Brown reported she had heard there are plans underway to build a presidential library in the Tierra Rejada Greenbelt. City Manager Kueny responded the area in question was within Simi Valley's Area of Influence, but not within the greenbelt area. She also thanked those citizens who had telephoned her with information concerning road conditions and traffic concerns. Councilmember Galloway asked that staff publicize the schedule for the Rubberized Railroad Crossing Project. Mayor Harper reported the presidential library proposal is being developed by a firm based in Los Angeles. He had received an invitation to attend a meeting concerning the proposed project, but the meeting had been subsequently cancelled. The developer indicated the City would be kept aware of any future meetings. Minutes of the City Council Moorpark California _ 8 _ __ July 29_. 1987 The Council was concerned that they always receive notification before any meeting(s) which were to be held concerning activity in the greenbelt area. A letter was directed to be sent to LAFCO asking that the City receive prior notification of any proposed activity in the area. 11. DISCUSSION /ACTION ITEMS: C. Consider an Interim Learn to Swim /Water Safety Program. Tom Genovese, Deputy City Manager, gave the staff report dated July 28, 1987 which outlined a proposed program which would run from August 10, 1987 to September 4, 1987. He also reported the Varsity Park North Homeowners' Association had agreed to allow the City to use their pool at no cost, provided the City provided them with a hold harmle -s statement. MOTION: Councilmember Galloway moved and Councilmember Brown seconded a motion to appropriate an amount not to exceed $2,000 from the Recreation Fund for staffing of the Learn to Swim /Water Safety Program and flyer costs; each student would supply their own transportation to and from the pool site; to authorize the Mayor and City Manager to execute the agreement with the Varsity Park North Homeowners' Association once the City Attorney has approved the agreement; to direct staff to proceed with all steps necessary to conduct the learn to Swim Program; to approve charging a fee of $20 per session for lessons, with a minimum of two students per session required; and that the homeowners' association would name the City as an additional insured on their policy. During discussion of this motion, the following amendment was heard. AMENDMENT TO THE MAIN MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to provide a "swimmership program" for those children who could not afford the $20 fee for lessons with Councilmember Lane volunteering to review applicants, the money for the swimmership program would come out of the money allocated for the program. The voice vote was unanimous. The main motion, as amended, wa,, approved by a unanimous roll call vote. D. Consider an amendment to the Princeton_ Signal _Cooperative Agreement which includes ut.ility relocation costs for the Southern California Edison Company. Staff recommended Council authorize the Mayor to execute the amendment on behalf of the City. Dennis Delzeit, City Engineer, gave the staff report dated July 6, 1987. There were no questions from the Council. Minutes of the City Council Moorpark,_ California 9 July 29 _1987 MOTION: Councilmember Galloway moved and Councilmember Ferguson seconded a motion to authorize the Mayor to sign the Amendment to the Cooperative Agreement with CalTrans for the Princeton Signal Project. The voice vote was unanimous. E. Consider the acceptance of publ_ic__improvements and exonerate Fonds for PD -1047 Annotti)_located on _the southwest corner of Park Lane and Los Angeles Avenue. Staff recommended Council accept the public improvement.-, and exonerate certain bonds. Dennis Delzeit gave the staff report. There were no questions from the Council. MOTION: Councilmember Lane moved and Councilmember Ferguson seconded a motion to accept the public improvements within PD -1047; to include all streets in the City street system for maintenance; to authorize the City Clerk to exonerate the Surety Bond for Performance and Payment (Bond No. 2- 548 -625) in the amount of $22,338; and to authorize the City Clerk to exonerate the Grading Bond (Bond No. 2 -548 -620) in the amount of $4,500 subject to the one year guarantee period. The voice vote was unanimous. F. Consider a report concern inq_ City_ inspection of residential units prior to resa_1e. Staff recommended Council receive and file this report. Patrick Richards, Director of Community Development, gave the staff report dated July 8, 1987. He further reported that additional research into the matter had revealed that as of January 1, 1987, a disclosure form is required between the buyer and seller of a home. This would appear to resolve some of the concerns which had been expressed. Councilmember Brown commented that "Big Brother" was not needed here, and she would prefer that the subject be dropped. Councilmember Ferguson commented the City did not have the staff to take care of this type of inspection, and further, he saw no reason for the City to become involved. MOTION: Councilmember Galloway moved and Councilmember Ferguson seconded a motion to not consider inspection of residential homes for resale. The voice vita was unanimous. G. Consider the additiona.l__appropr , iation_ of funds for the 1986/87 Slurry Seal Project. Staff recommended Council authorize the additional appropriation. This item was continued to Auqu-t 5, 1987. H. Consider the Acceptance of Work and Notice of Completion for the annual Sl urry Seal Project _(1986% )_. Staff recommended Council authorize the City Manager to make the final progress payment to Minutes of the City Council Moorpark,_Cal ifornia _ 10 _ _ July 29, 1987 Slurry Seal of California and authorize the City Clerk to file the Notice of Completion. Dennis Delzeit gave the staff report dated July 8, 1987. MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to authorize the City Manager to make the final progress payment to Slurry Seal of California, the final progress payment withholds an additional 10 percent which will be paid to the contractor 35 days after the Notice of Completion is filed; and to authorize the City Clerk to file a Notice of Completion on the project. The voice vote was unanimous. AT THIS POINT IN THE MEETING, the Council recessed, the time being 8:47 p.m. At 9:05 p.m., the full Council reconvened. I. Consider the adoption of the Moorpark Central City Master Drainage Study. Staff recommended Council adopt the Drainage Study dated March, 1987. Burt Rapp, of the City Engineer's Office, gave the staff report dated July 8, 1987 and a slide presentation on the study. The following motion was then heard. MOTION: Councilmember Galloway moved and Councilmember Brown seconded a motion to adopt the Moorpark Central City Master Drainage Study dated March, 1987, and that future development within the study area pay for revisions to this drainage study made necessary by their development. The voice vote was unanimous. M. Consider applicability_ of Los Angeles Avenue Area of Contribution (AOC) Fees to pre - existing building. Staff recommended Council determine Los Angeles Avenue Area of Contribution policy does not apply to a pre- existing building when converted from industrial to commercial use. Patrick Richards gave the staff report dated July 8, 1987. There were no questions from the Council. MOTION: Councilmember Galloway moved and Councilmember Lane seconded a motion to: 1) direct that no Los Angeles Avenue AOC fee is required for PD -1061 (Caren) and for other projects where an existing building being converted from industrial to commercial use requires a planned development permit; and 2) that a proportionate share of an otherwise AOC- funded improvement, if applicable, shall be a condition of approval in the event a project is exempted from AOC payment pursuant to 1). The voice vote was unanimous. N. Consider approving the North Meadows_ Park one year maintenance agreement. Staff recommended Council defer action on this item until August 5, 1987. Minutes of the City Council Moorpark, _Cal i fornia__ 11 The item was continued to August. 5, 1987. July 29 , _1987 0. Consideration of the aag g(ment_with the Moorpark Unified School District for use of the trailer located at_Fl QrY-_Avenue School for the Star Club. Staff recommended Council authorize the Mayor to execute the agreement on behalf of the City. This item was continued to August 5, 1987. P. Senior Citizens Center,- Award of Contract. Consider awarding a contract for the construction of the 3,456 square _fo.ot_fac_ility. Staff recommended Council award the contract. Steven Kueny gave the staff report dated July 28, 1987, further reporting the parking lot and the building site were not to be graded prior to be building being set into place. Staff was given direction by Council to discuss the recommendation of proceeding with the siting before grading of the site with the City Engineer and the building architect; to discuss funding concerns with the Department of Housing and Urban Development; and to discuss with the bidder an appropriate extension to the bid period. Further consideration of this item was deferred to August 5, 1987. Q. Consider supporting_ the Ventura County ___ Special____Olympics participation in the_ California Special_ „Olympics Southern Sectional Equestrian Competition. Staff recommended that Council give staff direction to proceed. Councilmember Galloway commented the offer to sponsor an event or program was suggested by people involved with the local program. The program operates from donated funds only. It has been the practice of cities to offer in -kind contributions. Mayor Harper suggested the City also contact Moorpark College to see if they might sponsor another event, since the equestrian event seems to have already been handled. By direction of Council, further consideration of this request will be postponed until the City hires a new Recreation Coordinator who can then contact, the Ventura Representative for the Special Olympics, Carol Newsnme. It was also suggested that perhaps a Fall activity could he sponsored. R. Consider a contract_adjustment for planning consulting services, Willdan_ Associates. Staff recommended Council approve the adjustment to add $3,2.00 to rover the cost of additional studies. Patrick Richards gave the staff report dated July 8, 1987. Concerning adding traffic signal warrant studies for five intersections -- Tierra Rejada Road, Moorpark Road, Peach Hill Minutes of the City Council Moorp_ark _California _. 12 July - -29, _1987 Road, Walnut Creek Road, Mountain Meadow Drive, and Mountain Trail Street in Urban West Communities' West Village. Mayor Harper commented that it seemed as if some of the problem with the street curves of the project related to the smallness of the lot size. The project seemed to make use of the maximum number of lots, yet provided no parking. Councilmember Brown felt there was a need to increase the safety factor, since a lot of curves in the streets with parked cars along them would decrease visibility. The following motion was heard. MOTION: Councilmember Brown moved and Councilmember Ferguson seconded a motion to adjust the contract between the City and Willdan Associated in the amount of $3,200 to include traffic signal warrant studies for five intersections as part of the review of West Village in PC -3, with the amount to be covered by deposit presented by the developer. The roll call vote was unanimous. S. Consider a Minor Modification of Condition_ 62 for Tract No. 3963 (Griffin Homes); the project i_s located at the northeast section of the City adjacent to Moorpark College. Staff recommended that Council grant the Minor Modification so that the traffic count can be made within four weeks following the installation of the Princeton Avenue Signal. No action was taken by Council, and the report was received and filed. T. Oral progress report on the Peach Hill Park_ Project. Staff recommended this report be received and filed. Mayor Harper asked that the removal of the weeds at the site be looked at on a shared basis, and that weeds next to the fence be cleared also. The report was then received and filed. U. Review of community participation in the _Summer Playground Program. Staff recommended Council give staff direction as they deemed appropriate. Tom Genovese gave the staff report dated July 28, 1987. There were no questions from the Council. MOTION: Councilmember Galloway moved and Councilmember Brown seconded a motion to use a mobile recreation program with classes to be held at North Meadows Park on Mondays, Griffin Senior Park on Tuesdays, at a to -be- determined site on Wednesdays, Glenwood Park on Thursdays, and Campus Park on Fridays; the program is to continue on a trial basis through the week of August 17th, and then conclude if there is not sufficient attendance; staff is to provide a news release to the two local newspapers and the dailies concerning the program, and to place informational signs at the sites. The voice vote was unanimous. Minutes of the City Council Moorpark, California 13 V. Consider an appropriation for a community_pool. Mayor Harper commented he would like the City to appropriate $20,000 to the Pool Fund which the Council was previously going to expend on the community port -a -pool. Councilmember Ferguson felt this Council could not appropriate funds and then expect the future Councils to do the same. Councilmember Brown felt making an appropriation at this time would be purely cosmetic. The following motion was then heard. MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to defer action to appropriate a definitive amount to the Pool Fund. The voice vote was unanimous. W. Consider a request from the Moo rpark_Friends of the Library to waive application fees a Minor Modification. Staff recommended Council give staff direction to proceed. Steven Kueny gave a brief overview of the letter received from the organization concerning the waiving of the application fees for a Minor Modification to construct a patio area at the Moorpark Library. There were no questions from the Council. MOTION: Councilmember Brown seconded a motion to waive the real out -of- pocket costs which The voice vote was unanimous. moved and Councilmember Lane fees with the exception of any might be incurred by the City. X. Consideration of the award of contract and appropriation of funds for the Redevelopment _Feasibility Study. Staff recommended Council award the contract and appropriate funds as a loan to the Redevelopment Agency. Steven Kueny gave the staff report dated July 28, 1987, further indicating the redevelopment process could be terminated after the feasibility study portion of the process was concluded. MOTION: Councilmember Brown moved and Mayor Harper seconded a motion to direct staff to call a meeting of the Moorpark Redevelopment Agency for August 5, 1987 to consider the acceptance of a loan of $55,000 from the City to the Redevelopment Agency, and to formally award the contract to Urban Futures at a cost not to exceed $48,000 to conduct the redevelopment activities. The voice vote was unanimous. Y. Consideration of the Rubberized Railroad Crossing_Project. Dennis Delzeit gave an oral report concerning the traffic congestion which had been caused by the project at the Moorpark Road site. The project will by completed on Monday, by 6:00 p.m. The construction schedule was extended one day. The crossing will be open to traffic during the weekend, with the crews working ten to twelve hours per day to complete the project. Minutes of the City Council Moorpark _California 14 __- July 291 1987 Councilmember Galloway thanked Councilmember Brown for her activities which allowed the project to begin. Mr. Delzeit further reported there appears to be a cost savings of $8,000 to $10,000 on the rubberized materials used on the project, and perhaps also in labor costs. Old Los Angeles Avenue is to be the next location improved with the rubberized crossings, and staff would like to see Moorpark Avenue completed after that. The report was received by the Council. AT THIS POINT IN THE MEETING, an item was added to the agenda by the following motion. MOTION: Councilmember Brown moved and Councilmember Ferguson seconded a motion to add consideration of a Tierra Rejada Greenbelt Ad Hoc Committee to the agenda, since the need to take action arose subsequent to the posting of the agenda. The voice vote was unanimous with the matter becoming Item 11.Z. on the agenda. 11. Z. Consideration of a Tierra Rejada Greenbelt Ad Hoc Committee. MOTION: Councilmember Brown moved and Councilmember Lane seconded a motion to appoint Mayor Harper and Councilmember Galloway to an ad hoc committee to attend a meeting in the City of Simi Valley concerning the greenbelt area as the City's representatives with staff directed to forward a letter announcing the City's representatives. The voice vote was unanimous. 12. ORDINANCES: No ordinances were presented for Council's consideration. 13. FUTURE AGENDA ITEMS: The following items were directed to be placed on future agendas: the City's Area of Interest; a Public Hearing concerning the Senior Citizens Center; a report concerning the summer recreation programs; the striping of Moorpark Avenue; a draft Art in Public Places ordinance; the tree removal and curb repair project; the illegal dumping in and just outside the City limits; the examination of City priorities; a possible Gann initiative; the consideration of a business tax which would need to be enacted by the voters; the consideration of the Rules of Procedure; a summary of planning activities and who is responsible for each; and a permit hand -out for citizens. 14. CLOSED SESSION: A. Discussion of pendinq__litigation under. Government Code Section 54956.9(b)(2). MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to go into Closed Session to discuss Item 14.A.; if the threat of litigation was substantiated, then the Minutes of the City Council Moorpark,_California _ ..._ 15 _ _ July 29, 1987 Council would remain in Closed Session under Government Code Section 54956.9(b)(1). The voice vote was unanimous, the time being 11:15 p.m. AT THIS POINT IN THE MEETING, the Council recessed, the time being 11:16 p.m. At 11:23 p.m. the full Council reconvened in Closed Session. At 1:42 a.m., the Council reconvened in Open Session with the City Attorney reporting that while in Closed Session under Government Code Section 54956.9(b)(2), the City Council had determined there was sufficient reason to stay in Closed Session as authorized by Government Code Section 54956.9(b)(1). The City Attorney also reported in Closed Session the City Council authorized an appeal to the rpcpnt decision on the Boething vs. City of Moorpark litigation. 15. ADJOURNMENT: MOTION: Councilmember Brown moved and Councilmember Lane seconded a motion to adjourn the meeting. The voice vote was unanimous with the time being 1:43 a.m. Mayor ATTEST: City Clerk