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HomeMy WebLinkAboutMIN 1989 0405 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California April 5, 1989 A Regular Meeting of the City Council of the City of Moorpark, California was held on April 5, 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 7:20 p.m. by Mayor Eloise Brown. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Harper. 3. ROLL CALL Present: Councilmembers Clint Harper, Paul Lawrason, Bernardo Perez and Mayor Eloise Brown. Absent: Councilmember Montgomery. Staff Present: 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; Don Reynolds, Associate Planner; John Knipe, Assistant City Engineer; Lt. Richard Rodriguez, Sheriff's Department; Mark Wessel, Traffic Engineer; and Sally Coons, Executive Secretary. 4. PROCLAMATIONS COMMENOATIONS AND SPECIAL PRESENTATIONS A. Special presentation to Mr. William S. Butcher for his service as Planning Commissioner to the City of Moorpark. Mayor Brown presented a plaque of appreciation to Mr. Butcher for his service on the Planning Commission. The Council joined in thanking him for his service and wishing him well in the future. Mr. Butcher graciously accepted the plaque and spoke briefly regarding his time on the Planning Commission. 5. REORDERING OF,_ AND ADDITIONS TO, THE AGENDA Minutes of the City Council Moorpark, California Page 2 April 5, 1989 City Manager Kueny requested the Council consider adding the following items as matters of urgency having arisen since the posting of the Agenda: 1) Villa Del Arroyo lawsuit against the City concerning the City's Mobilehome Rent Ordinance; 2) Los Angeles Avenue Widening Project, specifically installation of a waterline to serve the Villa Campesina Project; and 3) Reconsideration of Agenda Item 8.P. of March 15, 1989 (Selection of Streets for Asphaltic Concrete Overlay Program for 1988/89), particularly to delete First Street from the program. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to add the following items to the Agenda as matters of urgency having arisen since the posting of the Agenda: 1) Agenda Item 14.L. - Villa Del Arroyo vs. City of Moorpark; 2) 11.0. - Los Angeles Avenue Widening Project; and 3) 11.P. - Reconsideration of Selection of Streets for Asphaltic Concrete Overlay Program for 1988/89. The voice vote was unanimous, with Councilmember Montgomery absent. 6. PUBLIC COMMENTS 6.A. Greg Barker (12453 Hillside Drive, Moorpark) President of Mountain Meadows Neighborhood Council, urged the Council to proceed as quickly as possible with the widening of Tierra Rejada Road, and requested that a project schedule be provided. The Council responded that they are proceeding on this project and when a tentative timetable is established, it will be released. 6.B. Joe Latunski (289 Casey Road, Moorpark) reviewed the background on his request for a General Plan Amendment to return his property to its original zoning. He requested the Council to stand by its earlier decision to fund and expedite the General Plan Amendment and Zone Change Application. Councilmember Harper responded by stating that the City presented a compromise to Mr. Latunski where the City agreed to waive all fees if Mr. Latunski would pay the direct costs. To date, Mr. Latunski has not been willing to do this. 6.C. Mark Fitzpatrick (13062 Thomasville Court, Moorpark) President of the Fox Shadow Homeowner's Association, addressed the Council regarding Agenda Item 11.C. (Tierra Rejada Road Crosswalks) requesting that traffic control and a crosswalk be installed at Pheasant Run. He advised that because the swimming pool, park and playground (owned by the homeowners) is located across Tierra Rejada Road at Pheasant Run, children will cross at that location. He requested the Council consider the safety needs of these children. CONSENSUS: By consensus of the Council, Mr. Fitzpatrick will be invited to address the Council concerning this matter when it considers Agenda Item 11.C. Minutes of the City Council Moorpark, California Page 3 April 5, 1989 6.D. Karen Flock (11011 Azahar Street, Saticoy) representing the Villa Campesina Project, requested the Council consider allowing the installation of a waterline across Los Angeles Avenue to be accomplished during the week. If the waterline were installed on a weekend, it would cost the Villa Campesina Project an additional $5,000 to $8,000. 6.E. Paul Tryon (751 Daily Drive, Camarillo) representing the Building Industries Association, addressed the Council regarding Agenda Item 11.I. (Consideration of proposed Traffic Mitigation Fee); and Agenda Item 11.J. (Consider modification to planning rates). On both items, Mr. Tryon requested that BIA be kept apprised of future Council consideration of these items so that they can submit comments at the appropriate time. 7. COMMITTEE REPORTS Councilmember Perez advised that he and Mayor Brown attended a meeting of the Highway 118 Sub - Committee concerning traffic management. Councilmember Perez advised that he also attended a meeting of the Transportation and Communications Committee of the Southern California Association of Governments. Mayor Brown advised that she attended meetings of the Ventura County Transportation Commission; the Transportation Planning and Policy Committee; and the Fox Canyon Groundwater Authority. 8. CONSENT CALENDAR MOTION: Upon motion by Councilmember Harper, seconded by Councilmember Perez, the following items were approved by a unanimous roll call vote, with Councilmember Montgomery absent: 8.A.1. Consider approval of minutes for the Special City Council - -- Meeting of March 15 _19.89. Staff recommended the minutes be approved as presented. 8.A.2. Consider approval_ of minutes for the Regular City Council Meeting of March 15, 1989_. Staff recommended the minutes be approved as presented. 8.B. Approval of Warrant Register 1988/89_: - Prepaid Warrants Nos. 8407 -8409, 8450 -8471, 8473 -8474 $ 77,441.25 - Payable Warrants Nos. 8475 -8552 $130,742.60 8.D. Acceptance of miscellaneous curb,_ puttee._ sidewalk and road repair project. Staff recommended the Council accept work, authorize filing of Notice of Completion and authorize final payment pending clearance of lien period. Minutes of the City Council Moorpark, California Page 4 April 5, 1989 8.E. Authorization to advertise for bids - North High Street Widening Project. Staff recommended the Council authorize City Engineer to advertise for bids. 8.F. Authorization to advertise for bids --.-Monte Vista Nature park (Phase I). Staff recommended he Council authorize advertisement for bids. 8.G. Consider financial support for proposed opinion survey on half -cent sales tax ballot measure. Staff recommended appropriation of $425 from the General Fund Reserve. 8.H. Consider additional appropriation for City portion of costs for Waterworks District No. 1 Feasibility Study. Staff recommended appropriation of $250 from General Fund Reserve. 8.1. Consider placement of stop_signs on_ Williams Ranch Road at Laurel Glen Drive. Staff recommended leaving the existing stop sign in place. 8.J. Consider Sheriff's Department 1988 Annual Report. Staff recommended the report be received and filed. The following item was pulled for individual consideration by the Council: 8.C. Resolution No. 89- _543 authorizing_initiation of process to consider amendment to_ zoning code _pertaining to signs in multi - family residential zones. Staff recommended adoption of Resolution No. 89 -543. In response to Councilmember Lawrason, Director of Community Development Pat Richards advised that the sign code, while adopted separately, is a part of the City's Zoning Ordinance. MOTION: Councilmember Lawrason moved and Councilmember Harper seconded a motion to adopt Resolution No. 89 -543 to initiate the proceeding to consider an amendment to the Zoning Ordinance pertaining to signs in multi - family zones. The voice vote was unanimous, with Councilmember Montgomery absent. 9. PUBLIC HEARINGS 9.A. Consider proposed_ business_ _registration permit draft procedures, _application _form and ordinance _ regarding the registration of all businesses within the City. Staff recommended approval of the draft procedures, application form and direct staff to submit the draft ordinance for introduction and first reading at the Council's next scheduled meeting. NOTE: Councilmember Harper absented the dais during the discussion and action on this item. Director of Community Development Pat Richards advised that Staff has revised the ordinance and application for the Minutes of the City Council Moorpark, California Page 5 April 5, 1989 business registration program and recommends the ordinance be approved for first reading and introduction. It is Staff's intent to return to the Council on May 3rd with proposed fees and implementation procedures. Staff continues to develop Information on a regulatory program which will be presented to the Council on May 17th. Mayor Brown questioned why the permit application is designated to be filed within 30 days after the business is commenced rather than prior to commencement. Director of Community Development Pat Richards advised that it seemed a reasonable time, particularly since this is not a regulatory program, and was not intended to delay the opening of a business. Mr. Richards further advised that Staff recommended July 1 as the date for requiring existing businesses to file, and the date for annual renewals. Mayor Brown opened the Public Hearing. 9.A.1. Linda Plaks (4957 Mira Sol, Moorpark) President of the Moorpark Chamber of Commerce, commended the City Manager for his work with the Chamber on the Business Registration Program. She explained that it was the Chamber's desire to require the permit to be filed up to 30 days after the commencement of business to insure that no business would be delayed in opening because of the registration process. She advised that the Chamber's Board of Directors has reviewed and agrees to the program as it is being presented. She did advise, however, that the Chamber would like input at the time the fees are established. Mayor Brown closed the Public Hearing. City Manager Kueny advised that if the business were required to file prior to opening, it would become a part of the zone clearance. The actual timing of the application is not critical since it is not a regulatory program. Regarding the regulatory program, City Manager Kueny recommended splitting the existing businesses and the new businesses. On the new businesses, if it's a particular user, it would be dealt with on the permit conditions; if a spec building, it would be done at occupancy. Existing businesses would enter the regulatory program at the time of a change in tenancy. Councilmember Lawrason expressed concern regarding those businesses which may never enter the program since their tenancy may not change. Staff to take this into consideration when developing the program. The Council determined that July 31, 1989 would be the deadline for existing businesses to file a permit application. Minutes of the City Council Moorpark, California Page 6 April 5, 1989 City Attorney Cheryl Kane noted the insertion of "July 31, 1989" in Section 5.06.050, and read in title Ordinance No. 108. MOTION: Councilmember Lawrason moved and Councilmember Perez seconded a motion to waive further reading and declare Ordinance No. 108 read in title only. The voice vote was unanimous, with Councilmembers Harper and Montgomery absent. MOTION: Councilmember Lawrason moved and Councilmember Perez seconded a motion to declare Ordinance No. 108 introduced and read for the first time. The motion failed by the following vote: AYES: Councilmembers Lawrason and Perez; NOES: Mayor Brown; ABSENT: Councilmembers Harper and Montgomery. MOTION: Councilmember Lawrason moved and Councilmember Perez seconded a motion to approve the form and contents of the application; to direct Staff to return with a report on the proposed registration fees, implementation and related matters no later than May 3, 1989; and to direct that the extent of regulation be generally consistent as verbally outlined by the City Manager, with a report for Council consideration no later than May 17, 1989. The voice vote was unanimous, with Councilmembers Harper and Montgomery absent. This item was continued until later in the meeting to give the City Attorney an opportunity to review the failed Ordinance for possible revision and re- introduction. NOTE: Councilmember Harper returned to the dais. 10. COMMENTS FROM COUNCILMEMBERS: 10.A. Consideration of appo- intment for_Planning Commission. CONSENSUS: By consensus of the Council, this item was deferred until the meeting of April 19, 1989. 10.B. Consider appointments to Moorpark Community Arts Committee. MOTION: Councilmember Harper moved and Councilmember Lawrason seconded a motion to broaden the scope of the Committee by allowing business owners, property owners, and employees in the City to serve on the Committee, even though they may not be residents. The voice vote was unanimous, with Councilmember Montgomery absent. Councilmember Harper nominated Sydney Kessler, Moorpark Travel. Councilmember Lawrason nominated Kathy Amador, Moorpark Flower Emporium. Mayor Brown nominated Teresa Radich, Park and Recreation Commission. Minutes of the City Council Moorpark, California Page 7 April 5, 1989 MOTION: Councilmember Harper moved and Councilmember Lawrason seconded a motion to confirm the appointment of Sydney Kessler; Kathy Amador; Teresa Radich; and Larry Lloyd (nominated by Moorpark College) to the Moorpark Community Arts Committee. The voice vote was unanimous, with Councilmember Montgomery absent. Mayor Brown announced the remaining three members of the Committee will be nominated at the next regular meeting. rnmmPNTC Councilmember Harper expressed concern regarding the high incidence of signal failures within the City, and requested that this be addressed on a future Agenda. Mayor Brown advised that the Los Angeles Times reported that the final Environmental Impact Statement for the highway connection has been approved by the National Environmental Protection Agency. Mayor Brown recommended the City request Cal Trans to authorize installation of signs along Highway 118 that advise motorists to travel with their lights on for safety. Mayor Brown suggested installing flashing signals at the curve on Highway 118, both east and west, to alert motorists that this is a dangerous stretch of roadway. Mayor Brown requested that Staff agendize consideration of subsidizing the "We Tip" program. Mayor Brown requested Staff to obtain a copy of a Los Angeles City Ordinance which sets a policy that if a landlord violates a zoning code by allowing multi- tenants in single family units, the landlord may be required to pay the tenant $5,000 to relocate. Councilmember Lawrason expressed concern regarding the proliferation of cars - for -sale parked along Los Angeles Avenue and Spring Road. He requested that Staff provide a report addressing mitigation measures. City Manager advised that Staff previously attempted to post this area with "no parking "; however Cal Trans has restricted the no parking period to occur only between 10:00 p.m. and 6:00 a.m. Although the City Council has adopted Resolutions restricting parking along Los Angeles Avenue, Staff is deferring any posting until the widening project is completed, at which time Los Angeles Avenue can be posted its entire length with whatever parking restrictions Cal Trans will allow. City Manager Kueny advised that he can bring forth the previously adopted resolutions if the Council desires to implement the posting prior to completion of the road widening project. Minutes of the City Council Moorpark, California Page 8 April 5, 1989 CONSENSUS: By consensus of the Council, Staff will agendize consideration of implementing prior resolutions regarding posting of "no parking" along Los Angeles Avenue for the regular meeting of April 19, 1989. Councilmember Lawrason requested that Staff check the lighting at the tot lot in North Meadows Park since it occasionally fails. 11. DISCUSSION /ACTION ITEMS 11.A. Consideration of zoning code changes concerning Child Day Care Center. Staff recommended adoption of Resolution No. 89 -544 to initiate changes to zoning code to allow Child Day Care Centers within certain zoning districts. Director of Community Development Pat Richards advised that currently day care centers are not allowed in any of the commercial or industrial zones. Limiting day care centers to residential zones has several drawbacks, including that a limited amount of land is available and, of the available land, most is not in an easily accessible location; planning and design constraints may preclude a good development; and increased traffic and noise will be generated by parents dropping off and picking up their children. Due to these limitations, an expansion of the allowable zones to include commercial and industrial zones is desirable. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to adopt Resolution No. 89 -544 directing the Planning Commission to make a recommendation to the Council regarding specific changes needed to the City's Zoning Code to allow child day care centers within certain commercial and industrial zones. The voice vote was unanimous, with Councilmember Montgomery absent. AT THIS POINT IN THE MEETING, Mayor Brown declared a recess, the time being 9:00 p.m. The meeting reconvened at the hour of 9:20 p.m. 9.A. Consider proposed business _registration __permit draft procedures, application form and ordinance regarding the registration of all businesses within the Cites NOTE: Councilmember Harper absented the dais during the discussion and action on this item. MOTION: Mayor Brown moved and Councilmember Perez seconded a motion to amend the proposed Ordinance as follows: Section 5.06.050(B) - ... a permit shall be filed prior to commencement of the business; and Section 5.06.090 - Application for the transfer shall be fil ed. ..prior to the effective date of the transfer. The motion carried by a unanimous voice vote, with Councilmembers Harper and Montgomery absent. City Attorney Cheryl Kane read Ordinance No. 108 in title. Minutes of the City Council Moorpark, California Page 9 April 5, 1989 MOTION: Councilmember Lawrason moved and Councilmember Perez seconded a motion to waive further reading and declare Ordinance No. 108 read in title only. The voice vote was unanimous, with Councilmembers Harper and Montgomery absent. MOTION: Councilmember Perez moved and Councilmember Lawrason seconded a motion to declare ordinance No. 108 introduced and read for the first time. The voice vote was unanimous, with Councilmembers Harper and Montgomery absent. NOTE: Councilmember Harper returned to the dais. 11.B. Consideration of processing the Latunski and Clement General Plan Amendment and Zone Change Applications. Staff recommended they be directed as deemed appropriate. Director of Community Development Pat Richards advised that pursuant to the Council's action on February 1, 1989, Mr. Latunski and Mrs. Clement were advised that the City would continue to waive the processing fee related to staff work on processing of a General Plan amendment and zone change for their properties, however they would be responsible for those direct costs associated with the preparation of a Traffic Study and public hearing noticing costs. They were advised of the costs which they would be required to pay prior to any further work being done on their applications. To date, no response has been received from Mr. Latunski; and a note from Mrs. Clement indicated she was unwilling to pay the identified costs. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion directing that no further work be done on the Latunski or Clement applications; that the files be closed; and that the applicants be advised that they have one year from this date in which to pay fees and their applications will be reintroduced with the same options as originally agreed upon. The voice vote was unanimous, with Councilmember Montgomery absent. 11.C. Evaluation of potential_ traffic control for Tierra Rejada Road at Pheasant Run Street and Harvester Street. Staff recommended no change be made. Assistant City Engineer John Knipe advised that although the Peach Hill Road /Tierra Rejada Road signal has been operational for several weeks, it has not provided the measure of relief desired by the Pheasant Run residents. After reviewing all alternatives, staff recommends that no change be made to the present traffic control systems on Tierra Rejada Road, and that pedestrian traffic be encouraged to utilize the adjacent signalized intersections to cross Tierra Rejada Road. The Council invited Mr. Mark Fitzpatrick to address the Council concerning this matter. Minutes of the City Council Moorpark, California Page 10 April 5, 1989 Mark Fitzpatrick (13062 Thomasville Court, Moorpark) President of the Fox Shadow Homeowners Association, advised the Council that the situation at Pheasant Run is unusual where one -half of the community is on one side of a major street (Tierra Rejada Road), and the pool, park and playground financed and maintained by the homeowners, is on the other side. He again expressed his concern with children crossing Tierra Rejada Road at Pheasant Run, and requested the Council consider installing a signal and crosswalk and /or flashing lights at this location. After considerable discussion, the following motion was made: MOTION: Mayor Brown moved and Councilmember Harper seconded a motion to make no change to the present traffic control systems at the intersections of Tierra Rejada Road with Pheasant Run and Harvester Street; that pedestrian traffic be encouraged to utilize the adjacent signalized intersections to cross Tierra Rejada Road; and that the Community Development Committee investigate the feasibility of constructing a second recreation area on the south side of Tierra Rejada Road for the Pheasant Run community. The voice vote was unanimous, with Councilmember Montgomery absent. 11.D. Consider request for allocation for unallocated residential permit allotments pursuant to Residential Development Management System. Staff recommended April 19, 1989 be set as the date to consider possible allotment. Director of Community Development Pat Richards advised that Griffin Homes is requesting 84 unallocated Residential Development Allotments. The Council's Community Development Committee has discussed this request as well as the total allotments available under recent changes to the City's development allotment process as a result of the settlement agreement with the Building Industry Association. It was determined that 137 allotments are available. MOTION: Councilmember Harper moved and Councilmember Lawrason seconded a motion to set April 19, 1989 to consider this matter for possible awarding of unallocated allotments. The voice vote was unanimous, with Councilmember Montgomery absent. 11.0. Los Angeles Avenue Widening_Project CONSENSUS: By consensus, the Council determined to consider item 11.0. at this time. NOTE: Councilmember Perez absented the dais during the discussion and action on this item. City Manager Kueny advised that Water Works District No. 1 (WWD #1) is planning to install a waterline across Los Angeles Avenue to serve the Villa Campesina Project. Staff was attempting to work with WWD #1 and Cal Trans to accomplish this work during the week, at a lower cost. However, Cal Trans has Minutes of the City Council Moorpark, California Page 11 April 5, 1989 advised that they cannot prevent traffic from backing up past Park Lane. Staff, therefore, does not recommend that the work be done during the week. City Manager Kueny advised that it may be possible to extend an existing waterline located on the south side of Los Angeles Avenue to serve the Villa Campesina Project on an interim basis. The permanent service line could then be extended across Los Angeles Avenue as part of the City's widening project in the future. CONSENSUS: By consensus, the Council directed Staff to explore the possibility of an interim service to the Villa Campesina Project until a permanent waterline can be be extended across Los Angeles Avenue as part of the City's widening project. If this cannot be done, then Staff is to consider alternative financing measures to extend the permanent waterline for the Villa Campesina Project at this time. NOTE: Councilmember Perez returned to the dais. 11. E. Consideration of Assembly Bill (AB) 628 - Local Land Use Initiatives. Staff recommended they be directed as deemed appropriate. MOTION: Councilmember Harper moved and Councilmember Lawrason seconded a motion to oppose Assembly Bill 628; to direct Staff to notify the League of California Cities regarding this position; and to authorize the League to forward to the author and subsequent legislative committees the City's opposition to this Bill. The voice vote was unanimous, with Councilmember Montgomery absent. 11. F. Consider 118/23 Freeway Bridge over Arroyo Simi. Staff recommended the Council select a committee to attend the April 7, 1989 meeting with Cal Trans. Director of Community Development Pat Richards advised that a meeting has been set with Cal Trans for April 7, 1989 to review the preliminary bridge site plans and perspective view of the proposed bridge. Staff recommends that a Council Committee attend this meeting. CONSENSUS: By consensus, the Council determined that the Transportation Committee (Mayor Brown and Councilmember Perez) would attend this meeting. 11.G. Consider interim (3 month) report on Intra City Transit Service and determination on continuation of service. Staff recommended they be directed as deemed appropriate. 11.H. Consider termination of transportation services and nevi -- - - -- transportation of financial reRort for_.Star Club. Minutes of the City Council Moorpark, California Page 12 April 5, 1989 CONSENSUS: By consensus, the Council determined to consider Items 11.G. and 11.H. in tandem. MOTION: Councilmember Harper moved and Councilmember Lawrason seconded a motion to authorize the continuation of intra -city transit service through the end of June 1989, and to appropriate an additional $11,000 in Gann override funds to the intra -city transit program to cover anticipated expenditures through June 30, 1989; to authorize termination of transit service with Laidlaw Transit; and to receive and file the Star Club financial report. The motion carried by an unanimous roll call vote, with Councilmember Montgomery absent. 11.I. Consideration of proposed Traffic Mitigation Fees. Staff recommended they be directed as deemed appropriate. City Manager recommended identifying a list of projects, with estimated costs, to allow Staff to develop a method and program to assess fees. A determination would be made on how much to assess new development and finding a method for equitably assigning it to undeveloped property. City Manager suggested taking the project list developed for VCAG by the City Engineer, deleting those items that cannot be tied either entirely or partially to new development, and come up with a revised project list; and then have the City Engineer update the cost estimates. Councilmember Harper advised he agreed with the Manager's recommendation, with the inclusion of the land required by Cal Trans for the 118/23 Connector, MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to direct Staff to develop a list of recommended projects, including the right -of -way for the 118/23 connector; develop a list of cost estimates and justification for the projects; and submit them to the City Attorney for compliance with AB 1600. The voice vote was unanimous, with Councilmember Montgomery absent. 11.J. Consider modification to _ planning rates. Staff recommended deferring decision to April 19, 1989. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to set April 19, 1989 for the public meeting and notify interested parties pursuant to applicable law for the proposed following actions: 1) To adjust the real time cost accounting rate in Section 1 of Resolution 84 -130; 2) Adjust Section 2 of Resolution 84 -130 for contract Planning from 10% to 15 %; 3) Adjust Land Use Application processing fees in Resolution 83 -30 by increasing all fees by 30%; 4) Add a fee for real time cost accounting for zone change processing services as number 10.A of Resolution 84 -130; 5) Add a fee for actual costs chargeable for zoning maps as No. 21 of Resolution 84 -130; and 6) Other changes as determined by the City Council. The voice vote was unanimous, with Councilmember Montgomery absent. Minutes of the City Council Moorpark, California Page 13 April 5, 1989 11. K. Consider proposed installation of public telephone at Peach Hill Park. Staff recommended approval of the installation. MOTION: Councilmember Harper moved and Councilmember Lawrason seconded a motion to approve the installation of a public telephone at Peach Hill Park on the south side of the restroom /storage building. The voice vote was unanimous, with Councilmember Montgomery absent. 11.L. Consider authorization to advertise for bids - Moorpark Senior Citizens Center Improvements and approval of Gann Funds In lieu of CDBG Funds for___portion of project funding. Staff recommended authorizing advertisement for bids, and appropriating $71,070 of Gann Funds for the project. MOTION: Councilmember Harper moved and Councilmember Lawrason seconded a motion to authorize staff to advertise for bids; to substitute the use of Gann Funds for the CDBG funding portion of the project in the amount of $71,070 and appropriate this amount from the Gann Fund; and to direct staff to proceed with the necessary CDBG process to modify reallocated use of funds from the Senior Center to additional street improvements. The motion carried by an unanimous roll call vote, with Councilmember Montgomery absent. 11.M. Consider advertisement for _bids for City's landscape maintenance areas or negotiation of contract extension. Staff recommended authorization for Staff to negotiate contract extension for 1989/90 fiscal year. Councilmember Lawrason suggested the bid for landscape maintenance services be for a two -year period beginning with Fiscal Year 1990 -91. Mayor Brown advised that she would like to allow smaller firms handle some of the landscape maintenance in the City, to allow local firms to participate. MOTION: Councilmember Harper moved and Councilmember Lawrason seconded a motion to direct Staff to negotiate with Turf -Pro for a 12 month extension of their current contract through June 30, 1990, for an amount not to exceed an increase of 5% of the current landscape maintenance contract; to direct that Staff bid separately the following areas for 1989 -90: portions of the Pardee Tract, portions of the Warmington Tract, the slopes off Tierra Rejada Road, and the landscaped area at the west terminus of Inglewood in the Glen Haven Project. The voice vote was unanimous, with Councilmember Montgomery absent. 11.N. Consideration of City _activities and projects. Staff recommended they be directed as deemed appropriate. CONSENSUS: By consensus, the Council determined to continue this item for two weeks. Minutes of the City Council Moorpark, California Page 14 April 5, 1989 11.P. Consider selection of streets for _asphaltic concrete overlay program for 1988 -89. MOTION: Councilmember Harper moved and Councilmember Lawrason seconded a motion to reconsider the Council's action of March 15, 1989 concerning First Street on April 19, 1989. The voice vote was unanimous, with Councilmember Montgomery absent. 12. ORDINANCES No ordinances were presented at this time. 13. FUTURE AGENDA ITEMS Councilmember Lawrason requested Senate Bill 103 be placed on the Agenda for discussion. Councilmember Harper requested that legislation on semi - automatic weapons be placed on the Agenda for Council consideration. 14. CLOSED SESSION Councilmember Harper moved and Councilmember Perez seconded a motion to go into Closed Session under items: 14.A. - Personnel; 14.B. - Litigation concerning Boething vs. the City of Moorpark; 14.C. - Litigation concerning the City of Moorpark vs. Boething; 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 54956.8; 14.H. - Negotiation for real property known as Arroyo Vista Community Park with Fedele /Braun pursuant to Government Code Section 54956.8; and 14.L. - Villa Del Arroyo Mobile Home Park vs. City of Simi Valley. The voice vote was unanimous. AT THIS POINT IN THE MEETING, Mayor Brown declared a recess, the time being 10:42 p.m. The meeting reconvened into closed session at the hour of 11:02 D.M. All Councilmembers; Steven Kueny, City Manager; Cheryl Kane, City Attorney; Richard Hare, Deputy City Manager; Pat Richards, Director of Community Development; and John Knipe Assistant City Engineer were present in the closed session. John Knipe, Assistant City Engineer left the closed session at the hour of 11:22 p.m. Pat Richards, Director of Community Development left the closed session at the hour of 12:02 a.m. Phil Newhouse, Director of Community Services entered the closed session at the hour of 12:02 a.m. and left the closed session at the hour of 12:10 a.m. Richard Hare and Cheryl Kane left the closed session at the hour of 1:28 a.m. Minutes of the City Council Moorpark, California Page 15 April 5, 1989 The Council reconvened into open session at the hour of 1:33 a.m. City Manager Kueny announced there was no action to report as a result of the closed session. 15. ADJOURNMENT MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to adjourn the meeting at the hour of 1:35 a.m. to 7:00 p.m., Monday, April 10, 1989 to meet in closed session to discuss personnel matters. The voice vote was unanimous. (DZ Eloise Brown, Mayor ATTEST: