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HomeMy WebLinkAboutMIN 1989 0201 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California February 1, 1989 A Regular Meeting of the City Council of the City of Moorpark, California was held on February 1, 1989 in the Council Chambers of City Hall of said City, located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER The Meeting was called to order at the hour of 7:15 p.m. by Mayor Eloise Brown. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Perez. 3. ROLL CALL Present: Councilmembers Clint Harper, Paul Lawrason, Scott Montgomery, Bernardo Perez and Mayor Eloise Brown. Steven Kueny, City Manager; Cheryl Kane, City Attorney; Patrick Richards, Director of Community Development; Phil Newhouse, Director of Community Services; Richard Hare, Deputy City Manager; Susan Cauldwell, Administrative Assistant; John Knipe, Assistant City Engineer; Lt. Richard Rodriguez, Sheriff's Department; Don Reynolds, Associate Planner; and Sally Coons, Secretary. 4. PROCLAMATIONS. COMMENDATIONS, AND SPECIAL PRESENTATIONS No proclamations, commendations or special presentations were made. 5. REORDERING OF,_AND__ADDITIONS TO, THE AGENDA By concensus, the Council determined to hear item 11.F. (Request of Moorpark Historical Society to use portion of Community Center site for constructon of a building) ahead of item 11.A. to accommodate persons present to speak to this item. 6. PUBLIC COMMENTS 6.A. Joe Latunski (289 Casey Road, Moorpark) addressed the Council regarding Agenda Item 11.H. - Consider a report regarding the cost involved in processing City initiated General Plan Amendments GPA 88 -1 A & B Latunski /Clement. Mr. Latunski advised the Council he is desirous of restoring his property to Minutes of the City Council Moorpark, California Page 2 February 1, 1989 its original zoning, and felt that the Council's previous action established that the GPA would be processed by, and at the expense of, the City. He requested that the Council consider allowing him to speak during the discussion of the Agenda Item. 6.B. John Lane (12591 Crystal Ranch Road, Moorpark) addressed the Council on two matters: 1) that the Council expedite the GPA on the Latunski property; and 2) that the Council move forward with the widening of Tierra Rejada Road. 6.C. Jim Hartley (5950 Gabbert Road, Moorpark) addressed the Council in opposition to the proposed location of the Renaissance Faire; in favor of the Cadet Program; and opposed to returning the original zoning to the Latunski property. 6.D. Charles Schwabauer (12681 Broadway, Moorpark) addressed the Council in support of a site on the Community Center property for the Moorpark Historical Museum (Agenda Item 11.F.). 6.E. Elaine Freeman (24005 Ventura Boulevard, Calabasas) representing Griffin Homes, addressed the Council on two Agenda items: 1) That the College and LDS Church will be considering action at their respective meetings in February, 1989 concerning Agenda Item 8.J. - Consider extending the limit for completion of improvements on Collins Drive Widening South of TR -3963; and 2) That she was available to answer questions concerning Agenda Item 8.L. - Consider Agreement to Construct Improvements and Approval of the Final Map for TR- 3963 -4 (Griffin Homes). 6.F. Kevin Patterson /Joann Asman (Living History Centre, 10943 Remmet, Chatsworth) representing the Renaissance Faire addressed the Council concerning the proposed location of the Faire, and apologized for not addressing the Council prior to releasing the proposed site to the news media. Mr. Patterson advised that the Faire proponents have engaged Barton Ashman of Pasadena to complete a traffic study which will be made available to the Council when it is completed. Faire representatives advised that they will be hiring 80 people to work in parking lots; and 60 people for security. Alcoholic beverages will not be sold within two hours of the closing of the Faire. Mr. Patterson advised that they will address measures to control drug use when they make their formal presentation to the Council. He further advised that they expect 4,000 to 7,000 vehicles per day. 7. COMMITTEE REPORTS Councilmember Perez advised that the Transportation Committee (Councilmembers Brown and Perez) will be meeting concerning the overturned truck on Highway 118 on January 27, 1989 to determine what measures can be taken immediately, such as flashing lights. Minutes of the City Council Moorpark, California Page 3 February 1, 1989 Councilmember Lawrason advised that the Public Works Committee (Councilmembers Lawrason and Montgomery) met with Western Waste Management concerning the potential of their company supporting the search for a landfill site in the area of Moorpark, Simi Valley and Thousand Oaks. The material on Western Waste Management will be distributed to all Councilmembers for review. Mayor Brown advised that she attended the County Transportation Commission (CTC) on January 27, 1989 where Senator Davis was the speaker. Mayor Brown reported that she met with the architect and representative of the Bank of A. Levy concerning the Council's request for a re- design of the "walk -thru" shelter. The "walk -thru" shelter design submitted at the meeting was the same as originally presented and rejected by the Council. There has been no further activity regarding submission of plans and /or approval of this project. 8. CONSENT CALENDAR MOTION: Upon motion by Councilmember Lawrason, seconded by Councilmember Montgomery, the following items were approved by a unanimous roll call vote: A.2. Consider approval of minutes for the Regular City Council Meeting of January 18, 1. 9.89_. Staff recommended the minutes be approved as presented. B. Approval of Warrant Register 1988/89 - Prepaid Warrants Nos. 8121 & 8122 8124 - 8160 $353,285.88 - Payable Warrants Nos. 8161 - 8229 $266,378.52 C. Authorize transfer of funds for preparation of City Council minutes. Staff recommended authorization to transfer $1,964.00 from Account 01- 1113 -601 (Salary) to 01- 1113 -642 (Contractual Services). E. Consider rejection of claim by Guy Louis Melendez concerning incident on Tierra Rejaa Road Bridge. Staff recommended the claim be denied and the City Clerk instructed to inform claimant of denial action. G. Proposed agreement with Moorpark_ Unified School District for Use of Facilities and Services. Staff recommended approval of the agreement and authorization for the Mayor to execute for City. N. Consider a report concerning Tierra Rejada Road at Walnut Creek Road Traffic Signal Mast Arm._ Staff recommended the report be received and filed. Minutes of the City Council Moorpark, California Page 4 February 1, 1989 I. Consider acceptance of City Hall Project and authorize filing of Notice of Completion. Staff recommended the project be accepted and the filing of the Notice of Completion be authorized. J. Consider extending time limit for completion of improvements on Collins Drive Widening South of TR -3963. Staff recommended the time limit for completion of improvements be extended to April 15, 1989. K. Consider exoneration of Grading Surety for DP -313 (Coates). Staff recommended authorization to exonerate above mentioned grading bonds. The following items were pulled for individual consideration by the Council: 8.A.1. Consider approval of minutes for the Adjourned City Council Meeting of January 11, 1989. City Manager Kueny corrected the draft minutes to reflect that the Community Development Department's list of priority items was ten not eleven in number and did not contain the Local Planning Ordinance. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to approve the Minutes for the Adjourned City Council Meeting of January 11, 1989, as amended. The voice vote was unanimous. S.D. Authorize transfer of funds for purchase of lap top computer for City's Sheriff Detective. Staff recommended authorization to transfer $581.00 from Account 01- 1121 -641 (Professional Services) to Account 01- 1121 - 906 -002 (Capital). Councilmember Harper requested that Lt. Rodriguez review a report on lap -top computers before purchasing the Tandy in order to determine if another model may be more appropriate for the Department's needs and still interface and be compatible with existing computer equipment. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to approve the transfer of $581.00 from Account 01- 1121 -641 to Account 01- 1121 - 906 -002 for the purchase of a lap -top computer. The voice vote was unanimous. 8.F. Status report on STAR Club Prong am. Staff recommended the report be received and filed. In response to Councilmember Lawrason, City Manager Kueny advised that the City's newly created transit service may provide transportation for the Star Club, however until the Council determines whether to extend the transit service beyond Minutes of the City Council Moorpark, California Page 5 February 1, 1989 the initial three -month trial, it will not be used to transport Star Club participants. Discussion included increasing the enrollment to cover the City's deficit rather than cutting back supplies or other measures to decrease the cost of the program; to seek support of the program from the School District; and to refer the item to the Budget and Finance Committee for review. By concensus of the Council, this matter was referred to the Budget and Finance Committee for review and recommendation to the Council. 8.L. Consider Agreement to Construct Improvements and Approval of the Final Map for TR- 3963 -4 (Griffin Homes). Staff recommended approval of the final map and authorization for the Mayor to sign. City Manager Kueny advised that the street names for Tract 3963 -4 were submitted to the fire district prior to the City's recently enacted policy to review street names prior to their submittal to the fire district. In order that this item will not have to be re- agendized, the City Manager recommended that the final map be approved subject to the approval of street names by Staff. The Council suspended its rules and recognized Elaine Freeman, representing Griffin Homes, who stated she understood and agreed to the condition. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to approve the final map and authorize the Mayor to sign on behalf of the City, subject to street names being reviewed and approved by the Council's Community Development Committee. The voice vote was unanimous. 8.M. Consider contract for City -wide tree trimming and removal. Staff recommended approval of the contract and authorization for the Mayor to execute for the City. In response to Councilmember Perez, Director of Community Services Newhouse advised that the tree replacement list will be updated and brought back to the Council for consideration. City Manager Kueny advised that funds for the tree project will come from account number 23- 1143 -542 not 25- 1143 -542 as in the Staff Report. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to award the contract for City -wide tree trimming and removal to Bob's Tree Service in a total amount of $37,905.00; to approve an expenditure of $41,695.50 from Account 23- 1143 -542 for the related tree project; and to authorize the City Manager to act on behalf of the City to sign all necessary forms and contracts to complete the work. The voice vote was unanimous. Minutes of the City Council Moorpark, California Page 6 9. PUBLIC HEARINGS No public hearings were scheduled. 10. COMMENTS FROM COUNCILMEMBERS February 1, 1989 A. Consider appointments to.. the Redevelopment Project Area Committee (PAC). Councilmember Montgomery recommended holding the appointment of Les Kovacs to the PAC in abeyance pending assurance from the attorney of Calleguas Water District that there will not be 1090 implications. Councilmember Perez nominated Al Prieto. Mayor Brown nominated Irene Cameron. MOTION: Mayor Brown moved and Councilmember Harper seconded the motion to appoint Irene Cameron to the PAC. The voice vote was unanimous. B. Consider Council appointment of citizens to various committees. City Manager advised that the City's representatives to the Area Agency on Aging were inadvertently omitted from the list, and advised that serving through June, 1990 are Anna Belle Sessler and Betty Marvin. By concurrence of the Council, consideration of forming a Performing and Fine Arts Committee, and appointments thereto, will be on the Agenda of February 15, 1989. By concurrence, the Council directed that applications be accepted for the position of alternate to the County -Wide Planning Program Advisory Committee. COMMENTS FROM COUNCILMEMBERS Councilmember Perez requested that the City Engineer consider appropriate wording for the "no turn on red" sign located at the intersection of High Street and Spring Road to allow right turns during weekends and /or non -peak hours. Councilmember Harper requested that consideration be given to changing the sign above the cab on the transit bus to read "Moorpark" rather than "charter "; and that the bus scheduled be adjusted to accomodate students needing to arrive at Moorpark College for 8:00 a.m. classes. 11. DISCUSSION /ACTION ITEMS 11. F. Request of Moorpark Historical Society to use portion of Community Center site for construction of a building Minutes of the City Council Moorpark, California Page 7 February 1, 1989 City Manager Kueny recommended that the Council refer this matter to the Public Works /Facilities Committee for the preparation of a master plan for the Community Center to include, if possible, a site for the museum, and to consider parking needs, City Hall expansion, library expansion and access to the proposed park on the lower fields on the former high school site. Councilmember Harper concurred that the Library is planning an expansion, and the Committee should take into consideration their plans or desires in master planning the Community Center. He also recommended that consideration be given to allowing the Historical Society to place a mobile /modular -type building on the site in order to amass their collection for the museum. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to refer this matter to the Public Works /Facilities Committee for study and recommendation. Additional discussion included the possibility of locating the museum in an old /historical Moorpark building; or when an area is scheduled for development, they be required to move an existing building onto another site to house the museum. VOTE: The voice vote was unanimous. 11.A extension. ent to e time City Manager Kueny advised that the City has received a request from the Home Acres Homeowners Association requesting an extension in which to establish a mechanism to provide for an equal sharing of the cost for improvements and ongoing maintenance of the open space buffer between the Urban West Development and Home Acres. Under terms of the Settlement Agreement between Urban West Communities and the City, the City may extend the time period for completion of this joint powers agreement to January, 1990. Staff recommends that the Council extend the original January 31, 1989 date to May 31, 1989. MOTION: Councilmember Harper moved and Councilmember Lawrason seconded a motion to extend to May 31, 1989 the date to establish the mechanism for funding the improvements and maintenance of the buffer; and to direct Staff to take a more active role in suggesting the mechanism to be used. AMENDMENT 1: Councilmember Lawrason moved and Councilmember Montgomery seconded the motion to amend the Main Motion to include that Staff report back to the Council in sixty (60) days regarding the progress. The voice vote was unanimous. Minutes of the City Council Moorpark, California Page 8 February 1, 1989 AMENDMENT 2: Councilmember Montgomery moved and Mayor Brown seconded a motion to amend the Main Motion to grant a 60 day extension to March 31, 1989. The motion failed by the following vote: Ayes: Councilmembers Brown and Montgomery; Noes: Councilmembers Harper, Lawrason, Perez. VOTE ON MAIN MOTION: The voice vote was unanimous. AT THIS POINT IN THE MEETING, Mayor Brown declared a recess, the time being 8:55 p.m. The meeting reconvened at the hour of 9:29 p.m. 11.B Consider authorizing lease /purchase of copy machine. Staff recommended the Council authorize a 36 month lease. Associate Planner Don Reynolds reviewed the written staff report regarding the background and research on the purchase /lease of an additional copy machine. He advised that the labor involved in producing the City Council and Commission packets will be cut in half with the acquisition of the new copy machine. Staff recommends authorization for the Mayor to sign the installment /lease agreement for an IBM /Kodak Series III 85; and that the City Manager be authorized to sign the service agreement. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to approve the installment lease agreement for the IBM /Kodak Series III 85 for 36 months at a cost of $1,093.73 per month; and to enter into a service agreement, at the end of the six month warranty, for $310.00 per month or .0064 cents per copy. The motion carried by a unanimous roll call vote. 11.C. Consider expansion of fixed route hours for Moorpark bus service. Staff recommended expanding fixed route hours and eliminate Dial -A -Ride. Administrative Assistant Susan Cauldwell reported that since the intra -City transit service began on January 9, 1989, the City has received only two calls for Dial -A -Ride service. The fixed route service is averaging eleven riders per day. Staff recommends that Dial -A -Ride be eliminated and the fixed -route service be increased from 4.5 hours to 8.5 hours per day. If approved, this change would go into effect on February 6, 1989. In response to questioning by Mayor Brown, Administrative Assistant Cauldwell advised that the fixed -route service could accommodate riders desiring to arrive at Moorpark College prior to the 8:00 a.m. classes. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to increase the fixed -route transit service to 8.5 hours per day and eliminate Dial -A -Ride service. The voice vote was unanimous. Minutes of the City Council Moorpark, California Page 9 February 1, 1989 11.D. Consider request to remove back yard trees relative to City Ordinance No. 101. Staff recommended they be directed as deemed appropriate. Director of Community Services Phil Newhouse advised that the City has received a request to remove five eucalyptus trees from the backyard of the residence located at 13481 Laurelhurst Road. The backyard of the property abuts Peach Hill Road. The property owners is desirous of extending his fence onto City right -of -way and, if approved, would consider keeping the trees. Council discussion was unanimously against the removal of the trees, and the following motion was made: MOTION: Councilmember Harper moved and Councilmember Lawrason seconded a motion to deny the request of the property owner for removal of the five eucalyptus trees. The voice vote was unanimous. City Manager Kueny advised that the Council may desire to amend Ordinance No. 101 to include removal of trees in backyards where they abut public property. MOTION: Councilmember Lawrason moved and Councilmember Perez seconded a motion to direct Staff to draft an amendment to Ordinance No. 101 requiring approval of the City to remove trees in backyards where the backyard abuts public property. The voice vote was unanimous. 11. E. Proposed trial program for Parking Enforcement Program using Sheriff's cadet. Staff recommended the Council authorize a two -month trial program funded by available expenditure savings at a cost not to exceed $1,700. Lt. Rodriguez advised that during the six weeks of special enforcement in the downtown area, 102 parking tickets were issued and 10 vehicles were towed. This, coupled with citizen complaints, emphasizes the fact that parking violations and abandoned vehicles are growing problems throughout the City. Staff recommends that a Parking Cadet Program be implemented on a 16 hour per week trail basis for two months at a cost not to exceed $1,700 for the trial period. In response to questions from the Council, Lt. Rodriguez advised that the Cadet would be a Sheriff's Department employee, and is usually a student desiring a career in law enforcement. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve implementation of the Parking Cadet Program for a two month trail period, at a cost not to exceed $1,700. The voice vote was unanimous. Minutes of the City Council Moorpark, California Page 10 February 1, 1989 11.G. Consider a report and recommendation from the Plannin Commission reaardina the amount of residential lot size vs. dwelling unit size. Staff recommended that the Council receive and file the Planning Commission's recommendation that no further action be taken by the Council. Director of Community Development Pat Richards advised that the Planning Commission does not feel that there is a need at this time to create specific standards or limitations regarding the ratio of lot size and dwelling unit size. It is the Commission's opinion that with the City's current use of the Residential Planned Development process there is no need for a strict standard. The Commission voted to recommend that further discussion on this subject be discontinued by the Council. The Council was generally in disagreement with the Commission's action and determined to place it back on the Agenda for Council consideration. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to receive and file the Planning Commission's recommendation on this matter; to direct Staff to agendize as a Discussion /Action item, and subsequently as a Public Hearing item, with appropriate alternative mechanisms for the Council's consideration to implement building bulk restrictions; and to direct the City Attorney to review potential problems regarding whether a mechanism of this sort would be in conflict with the General Plan design. The voice vote was unanimous. 11.H. Consider a report regading the cost involved in processing City initiated General Plan Amendments GPA 88 -1 A & B Latunski /Clement. Staff recommended the Council direct Staff as deemed appropriate. Director of Community Development Pat Richards reviewed the estimated costs to process the Latunski and Clement General Plan Amendments and Zone Change Applications. Councilmembers Harper and Perez concurred that their original Intent when approving the City initiated General Plan Amendments was to waive initial fees, but not direct out -of- pocket costs to the City for traffic reports and public noticing. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to defer action on this item until after the Closed Session. The voice vote was unanimous. 11.I. Consider the Planning Commission's direction from the City Council reg'_arding Staff recommended the Planning Commission appropriate. requet for fu Art in Public P1 e advised as deemed Minutes of the City Council Moorpark, California Page 11 February 1, 1989 Director of Community Development Pat Richards advised that the City Council, by Resolution No. 88 -492, directed the Commission to set a public hearing to consider adding a requirement for Art in Public Places to the Zoning Code and /or the General Plan, and to make a recommendation to the City Council in this regard. The Planning Commission, however, tabled further discussion on this item and subsequently directed that Staff request further clarification and direction from the Council. Discussion included the possibility of referring this matter to the Performing and Fine Arts Committee which the Council is planning to establish. Mayor Brown expressed the opinion that the main purpose of the Art in Public Places program is directed at upgrading the aesthetics of commercial and industrial properties, and this review should be done by the Planning Commission and not subjected to another review by another committee or commission such as the Performing and Fine Arts Committee. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to defer action on this item; and that if a Performing and Fine Arts Committee is impaneled this item will be referred to them as part of their work. The voice vote was unanimous. 11.J. Consider request for proposal (RFP) for Organization and Management Study. Staff recommended approval of the RFP. City Manager Kueny advised that it is important that the City review its current organizational structure, staffing levels and management systems and procedures to identify opportunities to improve the efficiency and effectiveness of City operations and services. An organization and management review is an important step for planning for the future of the organization. Staff recommends that the Council approve the Request for Proposal for an organization and management study for distribution to at least six firms. In response to questioning by the Council, City Manager Kueny advised that the study will take approximately six months to complete. Mayor Brown advised that she has some concern with the study being conducted with the current staffing levels. Councilmember Harper questioned the value of such a study. City Manager advised that the success and value of the study will be dependent upon the commitment made by the City Council and management to implement its findings and recommendations. MOTION: Councilmember Perez moved and Councilmember Lawrason seconded a motion to approve the RFP for the organization and Minutes of the City Council Moorpark, California Page 12 February 1, 1989 management study, and to direct Staff to proceed with the selection process. The motion carried by the following vote: Ayes: Councilmembers Lawrason, Montgomery and Perez; Noes: Councilmembers Brown and Harper. 12. ORDINANCES No Ordinances were presented. 13. FUTURE AGENDA ITEMS No future agenda items were requested. 14. CLOSED SESSION MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to go into Closed Session under items 14.A. - Personnel; 14.D. - Potential litigation pursuant to Government code Section 54956.9(b)(1); 14.E. - Potential litigation pursuant to Government Code Section 54956.9(c); 14.F. - Negotiation for real property at 280 Casey Road (former high school site - Moorpark Unified School District) pursuant to Government Code Section 54956.8; and 14.G. - Negotiation for real property on a portion of Community Focus area of PC -3 (Urban West Communities) pursuant to Government Code Section 54956.8. The voice vote was unanimous. The time of adjournment to Closed Session was 10:38 p.m. All Councilmembers; Steven Kueny, City Manager; Cheryl Kane, City Attorney; Phil Newhouse, Director of Community Services; Pat Richards, Director of Community Development; and Richard Hare, Deputy City Manager were present in the Closed Session. The Council reconvened into open session at the hour of 1:00 a.m. City Attorney Cheryl Kane advised that no action was taken as a result of the Closed Session. 11.H. Consider a report regarding the cost involved in processing City initiated General Plan Amendments GPA 88 -1 A & B Latunski /Clement. In response to a question from Councilmember Harper, Cheryl Kane stated that all General Plan Amendments (GPA) are considered to be initiated by the City. The City can require a property owner /applicant to pay a processing fee. Such decision is at the City's discretion. Council discussed concerns with legal access by Mr. Latunski across the Lieb property and its effect on the GPA processing and what amount of work is required by the City Engineer for traffic and general consideration of the GPA. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion that Mr. Latunski deposit with the City funds determined necessary to cover direct, out -of- pocket expenses to the City including, but not limited to, City Engineer traffic and Minutes of the City Council Moorpark, California Page 13 February 1, 1989 general review, mailings and signs, prior to continuing the processing; that Mr. Latunski may choose to install signs himself in conformity with City requirements; and that information previously requested by City concerning legal access to the property not be required to continue the processing. The motion carried by the following voice vote: Ayes: Councilmembers Harper, Montgomery, Perez. Noes: Councilmembers Brown and Lawrason. Councilmember Lawrason stated that his "no" vote reflects his feeling that the prior Council action was intended to waive fees. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to require the same method of deposit and signage option for the Clement proposed GPA. The motion carried by the following voice vote: Ayes: Councilmembers Harper, Montgomery, Perez. Noes: Councilmembers Brown and Lawrason. ADDITION TO AGENDA 15 I1 At this point, Cheryl Kane, City Attorney, requested Council add an item concerning lease of Arroyo Vista Park since the need arose subsequent to posting of the Agenda and the tenant, Fedele, had been given notice to vacate the property and has not done so. MOTION: Councilmember Lawrason moved and Councilmember Harper seconded a motion to add item 11.K. (Arroyo Vista Park Lease) to the agenda. The voice vote was unanimous. City Attorney Kane advised that notice was given to the tenant to vacate the property by January 31, 1989, but he has not complied. She recommended Council seek legal means to compel such action, however, the City first offer to extend the right to remain on the property through no later than February 28, 1989 to avoid litigation. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to authorize the Mayor to enter into an agreement with the tenant pursuant to the recommendation of the City Attorney. The voice vote was unanimous. ADJOURNMENT MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to adjourn the meeting at the hour of 1:32 a.m. The voice vote was unanimous. chard Hare, City Cler r' - - =`, Eloise town, Mayor