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HomeMy WebLinkAboutMIN 1989 0215 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California February 15, 1989 A Regular Meeting of the City Council of the City of Moorpark, California was held on February 15, 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 7:10 p.m. by Mayor Eloise Brown. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Montgomery. 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; Susan Cauldwell, Administrative Assistant; Dennis Delzeit, City Engineer; Lt. Richard Rodriguez, Sheriff's Department; 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 consensus, the Council determined to go into Closed Session at the hour of 10:00 p.m. 6. PUBLIC COMMENTS 6.A. Lawrence W. Horwitz (200 E. Sandpointe, Suite 400, Santa Ana) of Hart, King and Coldren, representing the Villa del Arroyo Mobile Home Park, advised that a complaint is being filed regarding the unconstitutionality of the City's rent control ordinance. He advised he was available to answer questions of the Council and asked that the Council rescind the rent control ordinance. Minutes of the City Council Moorpark, California Page 2 February 15, 1989 6.B. Carol Corr (4914 N. Moorpark Road, Moorpark) advised the Council that she was a member of the "Concerned Neighbors for the Preservation of the Tierra Rejada Greenbelt" and was opposed to the proposed location of the Renaissance Faire. 6.C. Bruce Swedien (4950 Moorpark Road, Moorpark) distributed a copy of the Tierra Rejada Valley Land Use Study to the Council and advised that he was opposed to the proposed location of the Renaissance Faire. 6.D. Beverly Harris (13893 Christian Barrett, Moorpark) advised that she was a member of the "Concerned Neighbors for the Preservation of the Tierra Rejada Greenbelt" and was opposed to the proposed location of the Renaissance Faire. 6.E. Paul Gienger (1800 Avenue of the Stars, #1400, Los Angeles, CA 90067) representing Topa Management Company, advised he was present concerning Agenda Item 11.C. (Consider a report regarding Topa Management (PD -1064) request to replace the painted green metal window and door frames with bronze anodized frames on a commercial building at Los Angeles Avenue and Spring Road). He objected to that portion of the staff report which recommended that if Topa were allowed to make this change, that the money saved should be put back into the project. 6.F. Katherine Tigar (1767 Cochran Avenue, Simi Valley) Catering and Activities Director at the Living History Center, spoke in favor of the proposed location of the Renaissance Faire. 6.G. Marge Cramer (3240 Moorpark Road, Moorpark) advised that she was a member of the "Concerned Neighbors for the Preservation of the Tierra Rejada Greenbelt" and was opposed to the proposed location of the Renaissance Faire. 6.H. Barbara Shultz (116 Sierra Avenue, Moorpark) advised the Council that the cement removed during the Curb, Gutter and Sidewalk Project has still not been replaced, nor has the "limb" been removed. The Council directed that the City Manager contact Ms. Shultz regarding this situation. 6.I. Kevin Patterson (Living History Centre) advised the Council that a formal plan and traffic study are being submitted to the County and copies will be provided to the Council. He further advised that he will be making a formal presentation to the Council on March 1, 1989. 7. COMMITTEE REPORTS Mayor Brown advised that she attended meetings of the County Transportation Commission (CTC); the Waterworks District No. 1; and the Ventura County City Mayors. Minutes of the City Council Moorpark, California Page 3 8. CONSENT CALENDAR February 15, 1989 MOTION: Upon motion by Councilmember Perez, seconded by Councilmember Montgomery, the following items were approved by a unanimous roll call vote: 8.A.1. Consider approval of _ minutes for the Adjourned City Council Meeting of January 23,.__198_9_. Staff recommended the minutes be approved as presented. MM am Approval of Warrant Register 1988/8_9_ - Prepaid Warrants Nos. 8230 -4234 8236 $ 1,471.85 - Payable Warrants Nos. 8242 -8294 $192,913.03 way for PD -1065 (Velazquez)._ Staff recommended that the Council authorize the Mayor to sign agreement, accept the Grant Deed for streets and authorize the City Clerk to execute the Certificate of Acceptance for the Grant Deed. 8.D. Agreement to construct improvements and acceptance of Grant Deed for PD -1064 (TOPA )_ Staff recommended that the Council authorize the Mayor to sign agreement, Grant Deed for streets and authorize the City Clerk to execute Certificate of Acceptance for Grant Deed. 8.F. Consider contract for weed abatement on public rights of way. Staff recommended the contract be awarded to Turf Pro in an amount not to exceed $4,730. 8.G. Consider adoption of Resolution No. 89-532 prohibiting smoking in all City Employment Facilities. Staff recommended adoption of Resolution No. 89 -532. The following items were pulled for individual consideration by the Council: 8.A.2. Consider approval of minutes for the Regular City Council Meeting of February 1,19_89. Staff recommended the minutes be approved as presented. Mayor Brown amended the minutes under "Committee Reports" to reflect that she did meet with the representatives of the Bank of A. Levy concerning the "walk -thru" shelter; however, the design they presented was unchanged from the original submittal. MOTION: Mayor Brown moved and Councilmember Montgomery seconded a motion to approve the Minutes for the meeting of February 1, 1989, as amended. The voice vote was unanimous. 8.E. Reduction /exoneration of bonds _LDM -3 /PD -1010 (Palmer). Staff recommended acceptance of public improvements except Minutes of the City Council Moorpark, California Page 4 February 15, 1989 specified portion of Moorpark Avenue and exonerate monument and grading bonds on specified dates and reduce performance and payment bonds. In response to questioning by Councilmember Harper, City Manager Kueny requested this item be tabled until Staff can check the Settlement Agreement to determine whether or not the foot bridge is affected by the bond exoneration. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to table this item until later in the meeting. The voice vote was unanimous. 10. COMMENTS FROM COUNCILMEMBERS 10.A. Consider appo_i__n_t_ments to the Redevelopment Project Area Committee (PAC). City Attorney Cheryl Kane advised that Mr. Anderly, Attorney for Calleguas Water District, determined that there was not an incompatibility of office between Mr. Kovacs' position on the Calleguas Board and serving on the City's Project Area Committee. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded the appointment of Les Kovacs to the Project Area Committee. The voice vote was unanimous. 10. B. Consider establishment_ of City Performinq and Fine Arts Committee Councilmember Harper presented a written proposal for the formation of the Moorpark Community Arts Committee (MCAC), suggesting that the Committee be appointed as follows: One member nominated by each City Councilmember; one member nominated by the President of Moorpark College; and one member nominated by the Superintendent of the Moorpark Unified School District. All appointments will be made by the City Council. In response to Councilmember Lawrason, Councilmember Harper advised that this Committee could address the Art in Public Places program as well, and should require minimum Staff time. City Manager Kueny advised that Staff time would be required to prepare agendas; set meeting places; record minutes; and make reports back to the Council. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to accept the proposal as presented by Councilmember Harper; to direct Staff to issue a press release advising interested persons to apply to the City; and to send appropriate letters to the President of Moorpark College and the Superintendent of Moorpark Unified School District. The voice vote was unanimous. Minutes of the City Council Moorpark, California Page 5 February 15, 1989 COMMENTS FROM COUNCILMEMBERS Councilmember Lawrason commented that he was flabbergasted that the Faire is proceeding with ticket sales and other efforts prior to the issuance of a permit by the County. Councilmember Harper advised that he is looking forward to the formal presentation by Faire proponents on March 1, 1989. Regarding unused allotments, he suggested this be given to the Community Development Committee for recommendation back to the Council on a future Agenda. BY COUNCIL CONSENSUS, the Community Development Committee was directed to review the unused allotments and make a recommendation to the Council. Councilmember Perez expressed concern that the Glenhaven development off Tierra Rejada Road, does not have easy access to the park since the construction of the Bridge. City Engineer advised that after the signals on Tierra Rejada Road are in operation, they will be reviewing Pheasant Run and will incorporate review of this location as well. Councilmember Perez requested that City Engineer Delzeit review and report to the Council regarding the problems associated with the recordation of Parcel Map 4318 (Faulke). In response to questioning by Mayor Brown, City Engineer Delzeit advised that the signals on Tierra Rejada Road will go on flashing red on February 22 and be fully operational on February 24. City Manager reported that it was determined to activate the existing Urban West controllers and the City Engineer will review the timing. Mayor Brown expressed concern regarding the continued peripheral activities of the Renaissance Faire proponents, without entering the permit process. 11. DISCUSSION /ACTION ITEMS 11.A. Consider City Ordinance No. 101 "Preservation, Cutting, and Removal of Historic Trees, Native Oak Trees and Mature Trees ". Staff recommended the'Ordinance be amended to include trees in rear yards adjacent to streets. Councilmember Montgomery requested that the words "total of three or more" be deleted from Section 1. MOTION: Councilmember Montgomery moved and Councilmember Lawrason seconded a motion to delete the words, "...total of three or more.." from Section 1 of the proposed Ordinance. The voice vote was unanimous. City Attorney Cheryl Kane recommended that the Council postpone action on this Ordinance until the next meeting so that Staff Minutes of the City Council Moorpark, California Page 6 February 15, 1989 can determine whether all sections of the Ordinance are consistent with the language revision. CONSENSUS: By consensus, the Council determined to consider this item at its next regular meeting. 11.B. Consider approval of steps for adoption of Emergency Management Plan. Staff recommended the Ordinance be introduced for first reading to authorize creation of a Moorpark Disaster Council. (Ordinance No. 106). Administrative Assistant Susan Cauldwell advised the Council that the proposed Ordinance creates the City's Disaster Council, permits the City to proclaim a local state of emergency, allows City to commandeer resources to respond to emergencies, and authorizes the City to apply for and receive state or federal disaster aid. Further, the ordinance directs the Disaster Council to prepare an emergency plan. City Attorney Cheryl Kane read several changes to the proposed Ordinance, including the title, Section 1, and Chapter 2.20. MOTION: Councilmember Lawrason moved and Councilmember Montgomery seconded a motion to waive further reading and declare Ordinance No. 106 read in title only. The voice vote was unanimous. MOTION: Councilmember Lawrason moved and Councilmember Perez seconded a motion to declare Ordinance No. 106 introduced and read for the first time. The voice vote was unanimous. 11. C. request to replace the pa ntea _green metal winaow ana aoor frames with bronze anodized frames on a commercial buildinq at Los Angeles Avenue Sp inq_Road. Staff recommended that the request be denied and the requirement for green metal door and window frames be retained. Upon consensus of the Council, it was determined to continue action on this item until samples of the products in question could be brought into the Council Chambers for examination by the Councilmembers. BY CONSENSUS the Council continued items 11.D. (Consider adoption of Resolution 89- - clarification of and amendment of certain conditions of approval PD -1064 (TOPA); and 11.E. (Consider a recommendation from the Council's Community Development Committee and a report from staff regarding consultant selection to update the General Plan Update - Land Use and Circulation Elements and create a Carlsberg Specific Plan) until the Director of Community Development returns to the Council Chambers and is available for presentation of the Staff Report. Minutes of the City Council Moorpark, California Page 7 February 15, 1989 11. F. Consider adoption of Resolution No. 89 -533 initiating proceedings for the annual assessments for the "Moorpark Lighting Maintenance Assessment District No. AD -84 -2" for the fiscal year commencing July_ 1, 1989, and ending June 30, 1990; and ordering the engineer to prepare and file a report in accordance therewith. Staff recommended the adoption of Resolution No. 89 -533. City Manager Kueny advised that the purpose of the proposed resolution is to formally authorize initiation of the process to determine annual assessments for the Lighting and Landscape Maintenance District (AD- 48 -2). Staff recommended that the Engineer's Report be prepared by the Dwight French Group at a cost of $3,700 for the initial year, and $2,900 for the second year. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to adopt Resolution No. 89 -533, and to authorize the City Manager to secure the services of the Dwight French Group for preparation of the Engineer's Report. The motion carried by a unanimous roll call vote. 11.G. Consider adoption of Resolution No. 89 -534 initiating edings for the annual assessments for the "Parks Main +annnra year commencing July—l-,. 19_89 and ending June 30, 1990; and ordering the engineer to prepare and file a report in accordance therewith.� ff Sta recommended adoption of Resolution No. 89 -534. City Manager Kueny recommended that proceedings be initiated for AD 85 -1 for the following reasons: 1) Expenditure projections for parks and other services may not reflect service levels ultimately decided upon by the Council, and the budget reserves provide little flexibility; 2) So as not to predetermine the funding source for parks maintenance prior to the annual budget review; and 3) that the City Attorney advises that action to return any proceeds of taxes to the citizens by reducing or eliminating park maintenance assessments must be based on an Engineer's Report prepared pursuant to State Law. Staff further recommended that the Engineer's Report be prepared by the Dwight French Group. MOTION: Councilmember L.awrason moved and Councilmember Montgomery seconded a motion to adopt Resolution No. 89 -534, and to authorize the City Manager to secure the services of the Dwight French Group for preparation of the Engineer's Report. The motion carried by the following roll call vote: AYES: Councilmembers Harper, Lawrason, Montgomery, Perez. NOES: Mayor Brown. Mayor Brown advised that her "no" vote reflected her feeling that park maintenance should not be a special assessment. Minutes of the City Council Moorpark, California Page 8 February 15, 1989 11.H. Consider purchase of a spray boom for weed control. Staff recommended they be authorized to purchase the spray boom. Director of Community Services, Phil Newhouse, advised that semi - annually, the Public Works Department applies herbicides to various areas within the City to control weed growth. With the purchase of a spray boom, the time required to spray the roadbeds would be reduced approximately 40 %; and City crews could annually spray parks and landscaped areas currently done by private contract. Staff recommended purchase of the spray boom and related equipment from Schreiner Farm Equipment Company, Inc. in the amount of $725.72; and that the funds in the amount of $362.86 be taken from Account 03- 1142 -906 -002; and $632.86 from Account 01- 1147 -606 to cover the purchase. In response to questioning by Councilmember Lawrason, Mr. Newhouse advised that the City has the necessary safety equipment. Councilmember Montgomery commented that he would be willing to work with Staff regarding the avoidance of sales tax. MOTION: Councilmember Montgomery moved and Councilmember Lawrason seconded a motion to approve the purchase of a spray boom and related equipment at a cost of $725.72, with funding as per Staff recommendation. The motion carried by a unanimous roll call vote. 11. I. Consider city -wide street sweeping. Staff recommended they be directed as deemed appropriate. Mayor Brown advised that she requested this item to be placed on the Agenda as a result of her observation that some areas are not being swept. In response to Councilmember Harper, Director of Community Services, Phil Newhouse, advised that the street sweeping test of areas and equipment was not completed due to staff workload. Councilmembers expressed an interest in resurrecting the scope and feasibility of the street sweeping test prior to extending the contract, or entering into a new contract, with Emard Sweeping Company. CONSENSUS: By consensus of the Council, this item was referred to the Street Sweeping Test Area Ad Hoc Committee, consisting of Councilmembers Harper and Perez. 11.C. Consider a report__ regarding To pa Management (PD -1064) request to replace the painted 9 reen__metal window and door frames with bronze anodized frames on a commercial building at Los Angeles Avenue and Spring Road. Staff recommended denying the request and retaining the requirement for green metal door and window frames. Minutes of the City Council Moorpark, California Page 9 February 15, 1989 Director of Community Development, Pat Richards, presented the Council with samples of the proposed window and door frames. Council discussion included concern that the level of detail, which makes the building more pleasing, may be compromised if the request is approved. Additionally, the opinion was expressed that the requested modification would allow for the color to be changed in the future. The Council determined that any cost savings that may be had as a result of the modification was not the issue; but rather the appearance the appearance of the building as a result of the approval or disapproval of the proponent's request. MOTION: Councilmember Perez moved and Councilmember Harper seconded a motion to deny the request of the proponents for a modification to the window and door frames. The motion failed by the following roll call vote: AYES: Councilmembers Harper and Perez; NOES: Councilmembers Brown, Lawrason and Montgomery. MOTION: Councilmember Montgomery moved and Councilmember Lawrason seconded a motion to approve the request for a modification to the window and door frames, subject to the Council's approval of the actual color samples. The motion carried by the following roll call vote: AYES: Councilmembers Brown, Lawrason and Montgomery; NOES: Councilmembers Harper and Perez. 11.D. Consider adoption of Resolution No. 89 -535 - clarification of an amendment of certain conditions of approval PD -1064 (TOPA). Staff recommended approval of Resolution No. 89 -535 amending Resolution No. 88 -443 for the purpose of clarifying certain conditions of approval. City Engineer, Dennis Delzeit, recommended that the Council approve Resolution No. 89 -535 providing clarification of the amendment(s) made to certain conditions of approval on PD -1064 (TOPA). The City Attorney made changes to Exhibit 1 of the proposed resolution as follows: 1. Condition No. 3C - Add this wording to the end of the paragraph: "The final decision on the amount of reimbursement shall be made by the City Council." 2. Condition No. 4a - In the first sentence, strike, "...traffic signal modification.." and add, "...and traffic signal modifications at the north and east legs.." In the second sentence, after "PD- 1064 ", add, "to the extent such reimbursement is legally enforceable. TOPA will pay all legal costs, including but not limited to, attorney fees and administrative costs incurred by the City to impose and/or enforce said agreement." Minutes of the City Council Moorpark, California Page 10 February 15, 1989 3. Condition Id - Add this wording to the end of the Condition: "A11 reimbursable costs must be substantiated by TOPA. The final decision on the amount of reimbursement shall be made by the City Council." The Council recognized Paul Gienger (representing TOPA Management Company) who questioned whether TOPA or the City was to prepare the agreement referred to in Condition 4a. The Council and Staff clarified that the agreement would be prepared by the City Attorney for review by the developer. Mr. Gienger then stated he agreed to all conditions as clarified by the Resolution and corresponding Exhibit. MOTION: Councilmember Harper moved and Councilmember Lawrason seconded a motion to adopt Resolution No. 89 -535, as amended. 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 9:20 p.m. 11. E. Consider a recommendation from the Council's Community Development Committee and a report from staff regarding consultant selection to update the General Plan Update - Land Use and Circulation Elements and create a Carlsberg Specific Plan. Staff recommended that the Council uphold the recommendation of the Community Development Committee and select the firm of Phillips Brandt Reddick (PBR) to accomplish both the General Plan Update and Specific Plan work. Councilmember Montgomery expressed concern that the City is accepting General Plan Amendments and making them into a General Plan Update. He recommended instead that the City look at its boundaries and sphere of influence, with the scope of the updating process to include those areas where people have not requested amendments, but where the Council can use foresight in planning the community. Councilmember Montgomery advised that of the two funding alternatives, he preferred Table "A ", based on average daily trips created by the land use change. Councilmember Harper lauded Staff for the excellent report on a complicated matter. He advised that using the Average Daily Trips (ADT) as a determinant for fair -share costs, keeps the process simple and more defensible. Director of Community Development, Pat Richards, advised that the Phillips, Brandt, Reddick (PBR) proposal included a $52,000 option for a geo based, computerized land use system. Staff could be trained to update the computerized system after initial set up. Minutes of the City Council Moorpark, California Page 11 February 15, 1989 Council discussion included the purpose of a sphere of influence - to discourage urban sprawl; to be large enough to maintain the City; that it is not to accommodate growth but to control what happens around the City's boundaries. Consideration of the City's sphere of influence could be a part of the contract negotiations for the General Plan Update. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to select the firm of Phillips, Brandt, Reddick to complete all planning services and environmental impact reports for both the Update to the Circulation and Land Use Elements of the General Plan and Carlsberg Specific Plan under separate contracts and time frames; to direct Staff to enter into contract negotiations with PBR for both contracts; to accept the recommendation of the Committee regarding the level of citizen participation; to determine that no work shall be performed by PBR until all deposits are made to the City; and to approve the method for determining fair share payments using Table "A" (Average Daily Trips) identified within the Staff report. Upon the recommendation of City Manager Kueny, and concurrence by the maker and second of the motion, the motion was amended to include direction to re- calculate Table "A" to reflect the most recent proposal submitted by the Moorpark Unified School District relative to a high density General Plan designation on 15.49 acres (Parcels A, B and D) of the Casey Road School Site. The voice vote was unanimous. As a clarification to the Carlsberg Component, City Manager Kueny advised that he had spoken briefly with Mr. Tankersley, and Mr. Tankersley wants to pursue further the amount of Staff overhead that will be added to his required deposit; therefore, this item will be brought back to the Council before the agreement with Carlsberg can be finalized. 8.E. Reduction /exoneration of bonds for LDM -3 /PD -1010 (Palmer). Staff recommended that the Council accept public improvements except specified portion of Moorpark Avenue and exonerate monument and grading bonds on specified dates and reduce performance and payment bonds. City Engineer Dennis Delzeit advised the Council that the Settlement Agreement does require that the developer post cash for the construction of the pedestrian bridge; and therefore, amended Staff's recommendation to include that the City Clerk reduce the Performance and Payment Bond from $400,000 to $160,000 "pending the City's verification of sureties for construction of the pedestrian bridge, per the Settlement Agreement." MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to accept the public improvements for PD -1010, with the exception of Moorpark Avenue from Los Angeles Avenue 265 Minutes of the City Council Moorpark, California Page 12 February 15, 1989 feet south; to include all streets, with the exception of Moorpark Avenue from Los Angeles Avenue 265 feet south, in the City street system for maintenance; to authorize the City Clerk to exonerate the above - mentioned monument bond immediately; to authorize the City Clerk to exonerate the grading bond effective April 1, 1989; and to authorize the City Clerk to reduce the Performance and Payment Bond from $400,000 to $160,000 pending the City's verification of sureties for construction of the pedestrian bridge per the Settlement Agreement. The voice vote was unanimous. City Manager Kueny advised that Staff will report to the Council on March 15, 1989 regarding the status of the pedestrian bridge and Settlement Agreement for assessment of progress. 11.B. Consider approval of ini_t_ial steps for adoption of Emergency Management Plan. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to reconsider Agenda Item 11.B. The voice vote was unanimous. City Attorney Cheryl Kane advised that the City adopted County Ordinances which address "Emergency Preparedness" and, therefore, the Council must amend its recently adopted Ordinance No. 106 to reflect that the earlier ordinance is preceded. City Attorney Kane then outlined the changes and read the title of Ordinance No. 106. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to waive further reading and declare Ordinance No. 106 read in title only. The voice vote was unanimous. MOTION: Councilmember Perez moved and Councilmember Harper seconded a motion to declare Ordinance No. 106 introduced and read for the first time. The voice vote was unanimous. THE FOLLOWING ITEMS were not considered by the Council: 11.J. Consider proposed State _Legislation concerning mandatory motorcycle helmet law. 11.K. Consideration of _b__a_n_ on- s-ale _and/or possession of semi automatic weapons. 11.L. Report from City Attorney regarding Comprehensive Planning Ordinance /voter approval_ of land use chann es._ 11.M. Consideration of Cit_v activities and projects. 12. ORDINANCES No additional ordinances were presented for consideration. Minutes of the City Council Moorpark, California Page 13 February 15, 1989 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; 14.G. - Negotiation for real property on a portion of Community Focus area of PC -3 (Urban West Communities) pursuant to Government Code Section 94956.8; and 14.H. - Negotiation for real property known as Arroyo Vista Community Park with Fedele /Braun pursuant to Government Code Section 54956.8. The voice vote was unanimous. The time of adjournment to Closed Session was 10:22 p.m. All Councilmembers; Steven Kueny, City Manager; and Cheryl Kane, City Attorney, were present in the Closed Session. The Council recessed from Closed Session at the hour of 11:51 p.m. The Council reconvened into Open Session at the hour of 11:54 p.m. BY CONSENSUS, the Council determined to address the following items: 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. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to reject the proposal of the Moorpark Unified School District concerning the Casey Road School Site as submitted in their letter of February 9, 1989. The motion carried by a unanimous roll call vote. 14. CLOSED SESSION BY CONSENSUS, the Council determined 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.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; and 14.H. - Negotiation for real property known as Arroyo Vista Community Park with Fedele /Braun pursuant to Government Code Section 54956.8. The time of adjournment to Closed Session was 12:01 a.m. All Councilmembers; Steven Kueny, City Manager; Cheryl Kane, City Attorney; and Pat Richards, Director of Community Development were present in the Closed Session. The Council reconvened into open session at the hour of 1:07 a.m. City Attorney Cheryl Kane advised that only items 14.D., 14.G. and Minutes of the City Council Moorpark, California Page 14 February 15, 1989 14.H. were discussed, and no action was taken as a result of the Closed Session. 15. ADJOURNMENT MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adjourn the meeting at the hour of 1:09 a.m. The voice vote was unanimous. ATTEST: Richard Hare, City Cle E oise Brown, Mayor