Loading...
HomeMy WebLinkAboutMIN 1989 0517 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California May 17, 1989 A Regular Meeting of the City Council of the City of Moorpark, California was held on May 17, 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 7:28 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, Bernardo Perez, Scott Montgomery and Mayor Eloise Brown. Steven Kueny, City Manager; Cheryl Kane, City Attorney; Pat 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; Debra Traffenstedt, Senior Planner, Don Reynolds, Associate Planner; and Sally Coons, Secretary. 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL, PRESENTATIONS Mayor Brown read the inscription on the plaque to be given to Mr. Wheeler for his service on the Parks and Recreation Commission. Councilmember Harper acknowledged Mr. Wheeler's service to the community, and wished him well in thp. future. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA There was no reordering of or additions to the Agenda. 6. PUBLIC COMMENTS 6.A. Elaine Freeman (24005 Ventura Boulevard, Calabasas) representing Griffin Homes, addressed the Council regarding Agenda Item 8.P. - Consideration of time extension for construction of Collins Drive south of Tract 3963. She advised that all the grant deeds have been signed; work could have begun in May, however., was being delayed until the end of the Minutes of the City Council Moorpark, California Page 2 May 17, 1989 current school year. Construction is scheduled to begin June 15th and be completed by August 15, 1989. Further, she advised that a schedule has been submitted to the City Engineer showing the median work being completed in June, 1989. 6.B. Betty Sue Herrala (231 W. Los Angeles Avenue, Moorpark) owner of "It's Your Affair Party Shop ", advised that the City's Code Enforcement Officer has notified her that the helium balloon display in front of her shop is illegal.. She requested the Council to consider allowing her to continue displaying the floating balloons. In response to Councilmember Lawr.ason, Director of Community Development Pat Richards advised that the balloons are considered a "wind sign" which is not a permitted sign under the City's Ordinance. 6.C. Tom Baldwin (6475 Pepper.dine Circle, Moorpark) Trustee of the Moorpark Unified School District, advised that he was speaking on his own behalf and not for the Board of Trustees. He expressed concern about the news articles and rumors he was hearing concerning the City's consideration of a lawsuit against the School District over the lower fields of the Casey Road school site. He advised that he was against such action for several reasons: 1.) L.i.tigati.on tends to harden adversarial positions; 2) Litigation would be premature since the District continues to request the reinstatement of negotiations; 3) If a lawsuit is initiated, the citizens of Moorpark will be the loser because of the cost of litigation; and 4) Litigation should be the last resort. Mr.. Baldwin suggested a joint session of the City Council. and MUSD Board of Trustees to negotiate the Casey Road School S:i.te. 6.D. Dan Schmidt (P.O. Box 3, Moorpark) owner of the Moorpark Mirror, addressed the Council. concerning News Rack Ordinance. lie made the following suggestions: l.) Change the height limit from 46" to 60 "; 2) Flimi.nate the section on color restrictions; 3) Eliminate the section concerning the placement of the name on the newsr.ack; and 4) Eliminate prohibition of racks in residential. areas. In response to Councilmember Gawr.ason, Mr. Schmidt advised he would provide his recommendations to Staff. 6.E. Bill LaPerch (7200 Walnut Canyon Road) expressed his concern regarding the lack of progress on the downtown park. He concluded by suggesting that the Grand Jury be requested to investigate the negotiations between the City and the School District on the Casey Road School Site. 6.F. Ron Tankersley (2800 28th Street, Santa Monica) representing Carlsberg, addressed the Council concerning Agenda Item 11 -G. - Proposed agreement with PBR for preparation of Carlsberg Specific Plan. Mr. Tnnkersley advised that he only recently Minutes of the City Council Moorpark, California Page 3 May 17, 1989 received a copy of the proposed agreement, Carlsberg's written comments were submitted this evening to the Council and Staff. He requested consideration of these comments during the Council's review of the agreement. 6.G. Joel Kirschenstein (2835 Townsgate Road, Westlake Village) representing the Moorpark Unified School. District addressed the Council regarding Agenda Ttem 11.E. - MUSD waiver request to State Board of Education concerning 280 Casey Road site. Mr. Kirschenstein advised that the waiver is being requested in order to allow the School. District to enter into a Request for Proposal process, and not to waive Naylor provisions of the law. He further advised the waiver request has nothing to do with future negotiations between the City and School District. In response to Councilmember Montgomery, Mr. Kirschenstein advised that at this time the School District is not contemplating any waiver of Naylor provisions. 6.H. Linda Plaks (4957 Mira Sol, Moorpark) President of the Moorpark Chamber of Commerce, addressed the Council concerning Agenda Item 11.A. - Business Regulation Program. She advised that the Chamber would like to work with the City on this program, similar to the Chamber's Participation in the Business Registration Program. 6.I. Gerald Goldstein (11932 Los Angeles Avenue) expressed concern regarding equipment rented for the purpose of weed abatement. He cited several instances of equipment failure and suggested the City have a program for inspecting rental. equipment; and, further, that the City itself have weed abatement equipment for use by the community. 6.J. Maria Mendez (285 Ruth Avenie, Moorpark) addressed the Council concerning a recent mailing made to the residents of the Redevelopment Project Area. She advised that she was opposed to the use of eminent domain; and further that she and many of the residents of the project area are not fluent in the English language and are having a difficult time understanding the information that was mailed to them. 6.K. Doug Frazier (237 Sierra Avenue, Moorpark) advised that he was very concerned about redevelopment. Additionally, he asked when the trees would be replaced in front of his home. In response to Councilmember Montgomery, Director of Community Services Phil Newhouse advised that Staff has delayed the tree replacement program until. the current tree trimming contract is completed and the tree replacement program for the entire CIty can be brought to the Council. for consideration. Tf approved, the tree replacement program will begin at the end of June. Councilmember Harper responded to Mr.. Frazier's concerns on redevelopment by advising that the purpose of redevelopment is Minutes of the City Council Moorpark, California Page 4 May 17, 1989 to keep tax dollars in the City; and that the use of eminent domain in residential areas will be removed from the Plan. 6.L. Barbara Shultz (116 Sierra Avenue, Moorpark) expressed concern regarding redevelopment, advising that she felt she was not in control of her own home. On another matter, Ms. Shultz advised that the cement removed during the curb, gutter and sidewalk project has finally been replaced, however., it needs to be resurfaced. 6.M. Jose Herrera (191 First Street, Moorpark) addressed the Council in Spanish, advising that lie was concerned about redevelopment. 6.N. Armando Rodriguez (254 Harry Street, Moorpark) addressed the Council in Spanish, advising that he was concerned about redevelopment. 6.0. Jesse Valerio (146 First, Moorpark) advised the Council that he was concerned about redevelopment. 6.P. Geyardo Ceja (128 Harry Street, Moorpark) addressed the Council in Spanish, advising that he did not understand redevelopment. 6.Q. Jose Tamayo (417 Millard Street, Moorpark) requested an explanation of redevelopment bo made in Spanish. 6.R. Octavio Tamayo (520 Bard Street, Moorpark) requested an explanation of redevelopment be made. in Spanish. 6.5. Jose Vaca (278 Susan Avenue, Moorpark) advised that he was concerned about redevelopment; i:hat he did not want to be forced to move. 6.T. Consalo Martinez (405 Second Street, Moorpark) did not speak, but indicated on the speaker card that he would like a Spanish translation of the City's letter on redevelopment. 6.U. Francisco Torres (270 Ruth Avenue, Moorpark) advised that he was confused about the City's letter on redevelopment, and requested that it be translated into Spanish. Mayor Brown translated each of the speakers' (6.M. through 6.5. and 6.U.) comments into English. 7. COMMITTEE REPORTS Councilmember Harper advised that the first meeting of the Arts Committee is scheduled for June. 1, 1.989 at 7:00 p.m. Councilmember Montgomery advised that the Finance Committee met to review a draft of the agreement with Ventura County Cablevision; negotiations with VCC will begin May 18, 1.989. Additionally, the Committee reviewed the Annual Treasurer's Report and the draft of the investments policy. Councilmember Montgomery advised that the Minutes of the City Council Moorpark, California Page 5 May 17, 1989 Committee will be reviewing investment software in the next two weeks. Councilmember Montgomery advised that he represented the City at the Ventura County Waste Commission (VCMC), however the Commission was not seated because the by -laws state that a quorum of another public agency's governing body cannot sit as members of the Waste Commission. At least two cities must renominate their representatives to the Commission since six of the member cities' representatives currently serve on the Ventura County Regional Sanitation District Board. Mayor Brown advised that the Transportation Policy and Planning Committee of the Ventura County Transportation Commission (VCTC) has determined that Moorpark's intra -City transit service meets the City's unmet transit needs. VCTC will hear this recommendation at their May 24, 1989 meeting. Mayor Brown advised that she met briefly with Senator Gary Hart who reconfirmed his support of the 118/23 Connector. Additionally, Senator Hart stated he would try to get: additional CHP patrol units assigned to this area. 8. CONSENT CALENDAR MOTION: Upon motion by Councilmember Montgomery, seconded by Councilmember Harper, the following items were approved by an unanimous roll call vote: 8.A.1. Consider approval_ of for the Adjourned Cif Council Meeting of April 26, 1989_. Staff recommended the minutes be approved as presented. 8.A.2. Consider approval of minutes for the Special City Council Meeting of May 3i 1989_ Staff recommended the minutes be approved as presented. 8.A.3. Consider approval of minutes for the Regular City_ Council Meeting of May 3, 1989. Staff recommended the minutes be approved as presented. 8.A.4. Consider approval _ of minutes for __the Adjourned City Council Meeting of May _8, 1989. Staff recommended the minutes be approved as presented. 8.B. Consider approval of Warrant Reg_i.ster 1988 89 - Prepaid Warrants Nos. 8650, 8701 -8732, 8734 $501,446.72 - Payable Warrants Nos.8736 -8782 $ 44,139.44 8.C. Consider proposed exoneration of Street and Grading Bonds for PM -3930 (Brossard). Staff recommended reduction of the Performance and Payment Bond No. 1108400 from $39,000 to $5,000 and authorize exoneration of same on May 17, 1.990 and exonerate Grading Bond No. 1108596 on May 17, 1990. Minutes of the City Council Moorpark, California Page 6 May 17, 1989 8.D. Consider proposed replacement_ of cash_ security with Grading Bond for 890 Valley Road (Cummings). Staff recommended authorizing release of $5,820 cash deposit and accept Grading Bond No. 1175183. 8.E. Consider proposed Exoneration of Bond No. 7124919 for PD- 918 /Tract 3274 (Urban West Communities). Staff recommended authoring the City Clerk to exonerate Bond No. 7124919 effective May 17, 1989. 8.F. Consider report on intersection at Campus Park Drive /Marquette Street. Staff recommended the report be received and filed. 8.G. Consider eleven vr000sed resolutions: Resolution No. 89 -553 approving the Negative Declaration and Mitigation Reporting and Monitoring Program; and Resolutions 89 -554 through 89 -563 to approve _the construction of ten industrial buildings on separate lots located east of Maureen Lane, west of Bonsai Avenue, and approximately_ 60.0 Jeet nor_ t_h_of Los Angeles Avenue for Industrial Planned_ DeveloRment_ Permits Nos. IPD 88 -8 through IPD 88 -17 (Moorpark West). Staff recommended approval of the eleven proposed Resolutions 89 -553 through 89 -563. 8.H. Consider Minor Modification PD- _1_0_47 (ing Pollo)aproposal to allow beer and wine sales__in conjunction with a restaurant within an existing shopping_ center. Staff recommended the report be received and filed. 8.I. Consider proposed Resolution No. 89-564 amending Resolution No. 86 -263 amending and adding_-con_ditions of approval for Tentative Tract Map 4081 Colmer). Staff recommended adoption of Resolution No. 89 -564. 8.J. Consider traffic accident Highway 118 /High Street. received and filed. history at the intersection of Staff recommended the report be 8.K. Consider Commercial Vehicle Enforce_me_nt .(AQril12_ and_13 1989). Staff recommended the report be received and filed 8.L. Consider contract extension and rate adjustment for traffic signal maintenance with Signal Maintenance, Inc. Staff recommended approval of a one year contract extension and 8.31% rate adjustment. 8.M. Consider status report _on time extension for formation of funding mechanism for Open_Space Buffer in Tract 4341 (Urban West Communities) adjacent to Home Acres. Staff- recommended a time extension be granted to June 8, 1989. 8.N. Consider report of calls _for service and_implementation of special enforcement in the downtown area. Staff recommended the report be received and filed. Minutes of the City Council Moorpark, California Page 7 May 17, 1989 8.0. Consider approval of refund to Ventura County Area Agency on Aging (VCAAA) for purchase of equipment from Grant Funds. Staff recommended approval of refund of Grant Funds to VCAAA. 8.P. Consider time extension for construction of _Collins Drive south of Tract 3963 (Griffin Homes)_ Staff recommended extending the time of completion to August li, 1989. 8.Q. Consider Grading Bond exoneration for DP -356 _(Elmore). Staff recommended authorizing the City Clerk to exonerate Graing Bond No 3SM69600300 for $5,000. 9. PUBLIC HEARINGS 9.A. Consider revisions to Land Use Application Fees and Planning Rates. Staff recommended approval of the proposed increase in fees and charge rates. City Manager Steven Kueny advised that Staff desires to meet again with the representatives of the Building Industries Association prior to the Council's action on this item. CONSENSUS: By consensus, the Council determined to continue this item to June 7, 1989. 10. COMMENTS FROM COUNCILMEMBERS 10.A. Appointment to Parks and Recreation Commission Councilmember Harper placed into nomination the name of John Roberts. Mayor Brown advised that she would not support this nomination. Councilmembers Perez and Montgomery requested a continuance of this item to the next meeting so they would have an opportunity to speak to Mr. Roberts prior to their approval or disapproval of the nomination. Councilmember Lawrason advised that he was prepared to support the nomination. CONSENSUS: By consensus, t:he Council determined to continue this Item to May 24, 1989. 10.B. Appointments to Moorpark Disaster Council Administrative Assistant Susan Cauldwell advised that the Disaster Council is to be comprised of the Mayor, City Manager, Deputy City Manager, Police Lieutenant, Assistant Fire Chief, and six additional members to be selected from nominations submitted by the Moorpark Unified School District, Moorpark Community College, Moorpark Chamber of Commerce, and other community organizations. To date, the City has received Minutes of the City Council Moorpark, California Page 8 May 17, 1989 nominations from the Kiwanis Club, Rotary, Lions, Moorpark Unified School District and Moorpark Community College. Councilmember Harper advised that he would like to solicit a representative from the Chamber of Commerce. CONSENSUS: By consensus, the Council determined to continue this item to the next meeting. 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 9:17 p.m. 11. DISCUSSION /ACTION ITEMS CONSENSUS: By consensus, the Council determined to hear. item 11.F. at this time. ll.F. Consider potential_ restriction of eminent domain in proposed Redevelopment Plan. Staff recommended they be directed as deemed appropriate. Mayor Brown advised this item was placed on the Agenda to reassure the residents of the redevelopment area regarding the use of eminent domain, and to make the Council's stand very clear that eminent domain will not: be used in residential areas. In response to Councilmember Harper's request concerning properties that are non - conforming, such as residential use in a commercial area, City Manager. Kueny recommended that wording be inserted into the Plan which would read in essence, "All properties with single family dwelling units that were owner occupied at the time the County made amendments to the land use element and zoning ordinance making them non- conforming, and that remain owner occupied, shall he exempt from eminent domain." In addition, all residential zoned property would be exempted from eminent domain whether the property was vacant, owner occupied or occupied by renters. Mayor Brown expressed concern that the Council may have been misled when it was reported to them that the Project Area Committee unanimously supported retaining the power of eminent domain in the Redevelopment. Plnn; that in fact, the PAC did not support its inclusion. In response to Councilmember Montgomery, City Attorney Kane advised that the Plan itself ultimately must be adopted by the City Council as well as the Redevelopment Agency. The Council may take action separate from the Redevelopment Agency to indicate its intention to exclude r.esi.denti.al properties from eminent domain. MOTION: Councilmember Harper moved and Councilmember Lawrason seconded a motion to direct staff to remove any reference to Minutes of the City Council Moorpark, California Page 9 May 17, 1989 eminent domain in residential areas from the Plan and all appropriate documents; and to come back to the Council with an exhibit showing those non - conforming uses that would be subject to eminent domain and their precise location; and do a second mailing in English and Spanish showing that this has actually been removed from the Plan; and that all future communication with citizens in the project area be in both English and Spanish. The voice vote was unanimous. CONSENSUS: By consensus, the Council determined to meet in joint session as the City Council and Redevelopment Agency on May 24, 1989 for the redevelopment study session. 11.A. Consider proposed Business Regulation Program. Staff recommended the creation of a task force to develop a coordinated program and initiate changes to zoning codes. Associate Planner Don Reynolds advised that the development of a comprehensive regulatory program requires consideration of three issues: 1) new developments; 2) change in use of an existing commercial /industrial. location; and 3) hazardous operations. Staff is recommending the development of a task force to include representatives from the Fire Prevention Bureau, the Environmental Health Agency, Building and Safety, and the Community Development Department in order to plan a coordinated, efficient regulatory policy for the City. Councilmember Harper commented that he would like to see Moorpark's program be state -of -the -art in order to protect the community with the best means possible. Ile further advised that the development and implementation of the program should be a top priority. In response to Councilmember Perez, City Manager Kueny advised that Staff can meet with such organizations as the Chamber of Commerce, aside from the task force, to hear their concerns. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to authorize the Director of Community Development to convene a task force of related agencies for development of a coordinated regulatory program; to continue research of other cities' programs; and to return to the City Council in. July with a draft procedural policy for the business regulation program. The voice vote was unanimous. 11.B. Consider Proposed Specifications and Notice inviting Bids for the Publication o_f City Legal Notices and Ordinances for 1989/90 Fiscal Year. Staff recommended approval of the specifications and authorization of the Notice Inviting Bids. Assistant City Manager Richard Hare advised the Council that the specifications for the publication of legal notices and ordinances are the same as the 1988/89 Fiscal. Year, with the exception of the modem requirement. Minutes of the City Council Moorpark, California Page 1.0 Councilmember Harper advised that specifications require availability transfer information from the City City should reap the benefit of this May 17, 1989 he would like to see the of a modem to directly to the publisher; that the type of technology. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to authorize the City Clerk to advertise for bids for the publication of the City's legal notices and ordinances; to include as part of the bid package the requirement of a modem; and to direct Staff to bring back the necessary appropriation to purchase a modem. The voice vote was unanimous. City Manager Kueny advised that the modem requirement would be a bid option. 11.C. Consider Award of Contract for Monte Vista Nature Park Phase I Construction. Staff recommended awarding the bid to J & H Engineering with a 1.0 construction contingency for a contract amount not to exceed $71,830 and appropriate $12,300 from Park Improvement Fund (Peach Hill Area Neighborhood Park portion). Director of Community Services Phil Newhouse advised that the City received two bids for Phase T Construction of the Monte Vista Nature Park: 1) J & 11 Engineering - $65,300; and 2) Joe Hale Construction - $76,450. Staff .recommends award of bid to J & H Engineering in the amount. of $65,300, with a 10% construction contingency of $6,530. In addition to the construction cost of $65,300 and the contingency of $6,530, another $1,500 is required for professional services to inspect the work and to prepare as- builts (Rolland Graham Associates). This total of $73,330 is $12,330 over the balance of the grant funds available for this project. Staff, therefore, recommends that $12,330 be appropriated to the project from the neighborhood park portion of the Park Improvement funds, Peach Hill. Zone. Mayor Brown advised that she would not vote in favor of an additional appropriation for this project since the Council originally directed that the development cost not: exceed $66,000. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to award the bid for construction of Phase I of Monte Vista Nature Park to J & 11 Engineering of Camarillo in the amount of $65,300; to approve a 10% contingency of $6,530 and authorize staff to make any changes to the contract work within this contingency; to authorize $1,500 for professional services to inspect the work and to prepare the as- builts; and to appropriate an additional $12,330 from the neighborhood park portion of the Park Improvement Funds, Peach Hill Zone. The motion carried by the following roll call vote: AYES: CounciA members Harper, Law.r.ason, Montgomery; Perez. NOES: Mayor Brown. Minutes of the City Council Moorpark, California Page 1.1 May 17, 1989 11.D. Consider modification to General Plan Update process. Staff recommended they be directed as deemed appropriate. Senior Planner Debra Traffenstedt advised that of the eighteen original applicants for the 1989 General Plan Update, only eleven have formally filed. Some of the applicants have changed their land use density request, and this may require a revision in the contract with Phillips, Brandt, Reddick (PBR) to complete the General Plan Update and the environmental impact report. The cost each applicant was to pay was based on a division of the total cost between the original eighteen applicants. Those costs must now be redistributed among the remaining eleven applicants, less the $3,500 reduction in the PBR contract resulting from the changes to the scope of work. A recalculation of costs indicates the cost per applicant has increased by approxmatel.y one - third. If the eleven applicants are required to pay the recalculated cost, additional applicants may drop out of the current upate process. Councilmember Lawrason expressed concern with the slight pass- through cost reduction i.n the PBR contract resulting from the reduced scope of work. In response to Councilmember Montgomery, Director of Community Development Pat Richards advised that the Average Daily Trips (ADT) factor was almost doubled when the seven applicants withdrew from the process. (f the ADT factor was not increased, the City would have to pay approximately $100,000 to cover the difference. Councilmember Harper advised that he would not support spending public funds for land speculations; and, further, he was against the entire update process and felt that general plan amendments should only be considered when accompanied by a very specific plan. MOTION: Councilmember Montgomery moved and Councilmember Lawrason seconded a motion to: 1) Confirm that the General Plan Update shall analyze the original requests of the applicants upon which the PBR proposal was based unless the revised proposal. represents a decrease in development potential for the property; 2) Require all applicants to provide specific acreages and a location map for all requested land use designations; 3) Direct staff to obtain a written response from all applicants by May 31 regarding agreement to pay revised costs based upon a reallocation of the costs among the current eleven applicants; and 4) Direct staff to bring this matter back before the Council on June 7 for a determination on approval of PBR to initiate work on the General Plan Update. The motion carried, with Councilmember Harper. dissenting. CONSENSUS: By consensus, the Council. determined that the Community Development Committee would meet with staff and representatives of PBR to discuss further changes in the contract amount. Minutes of the City Council Moorpark, California Page 1.2 May 17, 1989 ll.E. Consider Moorpark Unified_ School District waiver request to State Board of Education _concerning 280 Casey Road site. Staff recommended they be d:lr.e(-ted as deemed appropriate. City Manager Kueny advised that pursuant: to the Council's earlier direction, staff is proceeding to send a letter to the State Board of Education protesting the waiver. 11. G. Consider proposed agreement with PBR for preparation of Carlsberg Specific Plan and associated_ documents_. Staff recommended approval of the agreement. Director of Community Development Pat Richards advised that the contract with PBR for the preparation of the Carlsberg Specific Plan has three differences from other professional service contracts: 1) If the scope of work should change through this process, there will be requests for additional funds; 2) Where there is any conflict of interpretation, the City's RFP will take precedence; and 3) Section Q has been added that would obligate the City to arbitration related to any breach of this agreement. Additionally, language concerning AB 3180 (mitigation monitoring program) will be added as required by law. In response to Counci.l.member. l,awr.ason, Director of Community Development Richards advised that if the scope of work is reduced, there would be a refund from PBR to the City. City Attorney Cheryl Kane recommended that the "arbitration" clause in the agreement be changed to "binding arbitration ". In response to Councilmember harper, Director. of Community Development Richards advised that he received the two -page "Discussion Outline" from Carlsberg just this evening. In a cursory review, he advised that the only comment he agreed with was the elimination of Page 22 which was a duplication of Page 20. CONSENSUS: By consensus, the Counci..l determined not to include the items presented by Carlsberg, but to direct that Carlsberg representatives meet with staff during the next week. AT THE HOUR OF 10:40 p.m., Mayor Brown declared a recess. The meeting reconvened at the hour of 11:00 p.m. ll.G. Continued MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the proposed contract with PBR, as amended, and to authorize the Mayor to sign the contract on behalf_ of the City; and to direct staff to send a Notice to Proceed to PBR after the initial deposit amount has been paid by Carlsberg and the agreement between the City and Carlsberg has been signed by both parties. The voice vote was unanimous. Minutes of the City Council Moorpark, California Page 13 May 17, 1989 ll.H. Consider proposed agreement _ with Carlsberg concerning preparation of Specific Plan and associated documents. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to approve the Agreement between the City and Carlsberg for preparation of the Specific Plan and Environmental Impact Report'. The voice vote was unanimous. 12. ORDINANCES 12.A. Consider Ordinance No. amending the Moorpark Municipal Code by adding Chapter 14.16 relative to newsracks. Staff recommended approval of the proposed Ordinance for first reading and introduction. City Attorney Kane requested additional direction from the Council with regard to height- and color restrictions. CONSENSUS: By consensus, the Council determined to appoint Councilmembers Lawrason and Perez to a sub- committee to review all aspects of the proposed Ordinance, including colors, height, base types, etc., and to make a recommendation to the Council. 13. FUTURE AGENDA ITEMS Councilmember Harper requested the status of the Comprehensive Planning Ordinance /Local Planning Ordinance. Councilmember Harper requested that LAFCO be contacted to determine what the course of action is to expand the greenbelt, and that the item be agendized for Council consideration. Councilmember Perez submitted a letter from the Countryside Homeowner's Association regarding the parking restrictions on Peach Hill Road for Staff's review. Councilmember Perez requested that Staff agendize the appointment of a Councilmember to the 1990 Census Commission. Referencing correspondence received from Chamber President Linda Plaks, Councilmember Perez requested that Staff agendize discussion of issues regarding the joint: City /Chamber Economic Development Committee. Councilmember Lawrason requested that Staff provide information on alternatative downtown park sites. Councilmember Harper advised that he received a packet of information regarding a County-wide oak tree protection ordinance, and requested staff to seek further information for Council consideration. 10. COMMENTS FROM COUNCILMEMBERS Minutes of the City Council Moorpark, California Page 1.4 May 17, 1989 Councilmember Perez questioned the dirt mound being increased south of Tierra Rejada Road at the proposed Renaissance Faire site. City Manager advised Staff is currently investigating this. Councilmember Perez questioned what action the City should take if it is concerned about activities occurring on County land. City Manager advised that the County has two Code Enforcement Officers to cover the entire County. They are often slow to respond to requests for investigation and /or action. Councilmember Perez advised that Holy Cross Church will be holding a festival on May 21, 1989. Councilmember Montgomery advised that the Equestrian Handicapped Olympics will be held May 20 and 21. 1989. Mayor Brown questioned the status of the crosswalk in Casey Road that has not been replaced. Mayor Brown advised that there is an expressed concern with the odor from Egg City. She advised that she would like to address the County on this issue. Mayor Brown advised that the federal government is doing a review of trucking on federal highways and, if there were no objections, she would address this issue on behalf of the entire Council. 14. CLOSED SESSION Councilmember Lawrason moved and Councilmember Perez seconded a motion to adjourn into Closed Session at the hour. of 11:40 p.m. for discussion of the following items: 14.A. Personnel 14.B. Litigation concerning Boething vs. City of Moorpark 14.C. Litigation concerning City of Moorpark vs. Boething 14.E. Potential litigation pursuant. to Government Code Section 54956.9(c) 14.F. Negotiation Eor 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 prperty known as Buttercreek Park with Boething pursuant: to Government Code Section 54956.8 14.H. Negotiation for real property on a portionoE Community Focus area of PC -3 (Urban West Communities) pursuant to Government Code Section 54956.8 14.I. Negotiation for real property known as Arroyo Vista Community Park with Fedele /Braun pursuant to Government Code Section 54956.8 14.K. Personnel pursuant to Government Code Section 54957.6 The voice vote was unanimous. Minutes of the City Council Moorpark, California Page 15 May 17, 1989 Present in the closed session were all Councilmembers; City Manager Steven Kueny; City Attorney Cheryl Kane; and Deputy City Manager Richard Hare. The meeting reconvened into open session at the hour. of 1:30 a.m. 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 1:33 a.m. until 6:30 p.m. on May 24, 1989. The voice vote was unanimous. Eloise Brown, Mayor ATTEST: chard Hare, City Clerk jo