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HomeMy WebLinkAboutMIN 1989 0607 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California June 7, 1989 A Regular Meeting of the City Council of the City of Moorpark, California was held on June 7, 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 7:07 p.m. by Mayor Eloise Brown. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Scout Troop 3601. 3. ROLL CALL Present: Councilmembers Clint Harper, Paul Lawrason, Scott Montgomery, Bernardo Perez and Mayor Eloise Brown. Steven Kueny, City Manager; Peter Thorson, Acting City Attorney; Pat Richards, Director of Community Development; Phil Newhouse, Director of Community Services; Richard Hare, Deputy City Manager.; Susan Cauldwel.l, Administrative Assistant; John Knipe, Assistant City Engineer; Lt. Richard Rodriguez, Sheriff's Department; Don Reynolds, Associate Planner.; and Sally Coons, Executive Secretary. 4. PROCLAMATIONS, COMMENDATIONS,. -.AND SPECIAL PRESENTATIONS A. Proclamation of Commendation in recognition of Lieutenant Kenneth Plaks' achievement as 1989 Air Force Academe To Academic Graduate.- Councilmember Montgomery presented the Proclamation of Commendation to Lt. Kenneth Plaks in recognition of his outstanding academic achievements at the United States Ai.r. Force Academy. B. Recognition of Fad Beaver and Celia LaFleur for 5 years of service to the Cit�_of. Moorpark. Mayor Brown read and presented a plaque to Faye Beaver in recognition of her five _years of service to the City of Moorpark. Minutes of the City Council Moorpark, California Page 2 June 7, 1.989 Mayor Pro Tem Perez read and presented a plaque to Celia LaFleur in recognition of her five years of service to the City of Moorpark. 5. REORDERING OF, AND ADDITIONS_.TO, 'rHE AGENDA There was no reordering of or additions to the Agenda. 6. PUBLIC COMMENTS No speakers were present desiring to speak at this time. 7. COMMITTEE REPORTS CONSENSUS: By consensus, the Council determined to hold Committee Reports after the Consent Calendar and Redevelopment Plan Public Hearing. 8. CONSENT CALENDAR MOTION: Upon motion by Counc.ilmember Harper., seconded by Councilmember Montgomery, the following items were approved by an unanimous roll call vote: B.A. Consider approval of minutes_. for the Regular City Council Meeting of May 17,____19.8.9_._ Staff recommended the minutes be approved as presented. 8.B. Consider approval of Warrant ReXister 1988L89 - Prepaid Warrants Nos. 8578, 8656, 8735, 8783 - 8808, 8810 - 8814, 8816 - 8820 $ 61,754.26 - Payable Warrants Nos. 8821 - 8899 $ 93,357.34 8.C. Consider approying�S20,000 contribution for installation of rubberized crossing at____ Moorpark Avenue .(SR 23). Staff recommended authorizing contribution and appropriation of $20,000 from the Los Angeles Avenue Area of Contribution (AOC) Fund. B.D. Consider Certificate of Acceptance for access easement from Los Angeles Avenue to the eastern boundar_y__of.LDM -7 /DP -302. Staff recommended authorizing the City Clerk to execute the Certificate of Acceptance. 8.E. Consider acceptance__of r_ight =of -way for Collins Drive south of Tract 3963 boundary Tract 3963 __ Griffis Staff recommended authorizing the City Clerk to execute certificate of acceptance for Grant Deed for Collins Drive right -of -way. B.F. Consider acceptance of right- of- Kay ___at the intersection of Spring _Road /Los Angeles Avenue (SR 118) for PD -10b4 TOPAJ_. Minutes of the City Council Moorpark, California Page 3 June 7, 1989 Staff recommended authorizing the City Clerk to execute Certificate of Acceptance for Grant Deed for right -of -way at northwest corner of Spring Road /Los Angeles Avenue (SR 118). 8.G. Consider acceptance of_ right- of- way__for Tech Circle and Poindexter Avenue DP- 35 6___Elmore . Staff recommended authorizing the City Clerk to execute Certificate of Acceptance of Grant Deed for right -of -way dedication. 8.H. Consider lease agreement with Dr. Caren for storage, assembly and testing of Senior Citizens Center kitchen equipment. Staff recommended approving the lease agreement an authorizing the Mayor to sign the agreement; and authorizing expenditure to install utilities. 8.I. Consider agreement with owner of PD -1040 (Munoz formerly Schleve) for participation in High Street Improvement Project. Staff recommended approving the agreement with payment of $13,500 by Munoz for PD- 1040'5 required improvements. 8.J. Consider adoption of Resolution _ No. 89 -565 for parking restrictions on Campus Park Drive and Princeton_ Avenue. Staff recommended adoption of Resolution No. 89 -565. 8.K. Consider_ adoption of _Resolution No. 89 -566 Extension of Franchise Agreement with Ventura County Cablevision VCC to August 3, 1989. Staff recommended adopting Resolution No. 89 -566 extending VCC Franchise to August 3, 1989. B.L. Consider setting June 21, _1989 as date for Pubic Hearing to consider amending HousinRElement. Staff recommended setting the Public Hearing date as June 21, 1989 to consider amending the Housing Element. 9. PUBLIC HEARINGS CONSENSUS: By consensus, the Council determined to hear Item 9.B. at this time. 9.B. Joint public hearing of the Moo-rpark City Council and the Moorpark Redevelopment_.Agency_on the proposed_ Redevelopment Plan for the Moorpark Redevelopment Project and the Final Environmental Impact_Report (FEIR)_prepar.ed for_the Plan. The Moorpark Redevelopment Agency was called to order at 7:20 p.m. by Chairman Brown, with all members of the Redevelopment Agency present. Except for specific, separate actions taken by the Redevelopment Agency, as noted, all references to Mayor and Councilmembers include Chairman and Agency Member, respectively, for Agenda Item 9.B. Mayor Brown opened the public hearing and recognized Mr. Jon Huffman, City's redevelopment: consultant from Urban Futures. Minutes of the City Council Moorpark, California Page 4 June 7, 1989 Mr. Huffman highlighted the documents that were before the Council as follows: 1. Agency Report to the City Council describing the fiscal, social and economic conditions currently existing in the project area; various methods of financing the project; detailed analysis of the widespread inadequacies in relation to residential and other structures and public services infrastructure. 2. Environmental Impact Report prepared and distributed in accordance with the California Environmental Quality Act guidelines, and identifies impacts on traffic and circulation, noise, air quality, health and safety, etc. 3. Redevelopment Plan which sets forth methods and procedures for implementation of the proposed public improvement project programs, maps, legal descriptions, etc. Mr. Huffman concluded with the recommendation to the City Council and Redevelopment Agency to adopt the Redevelopment Plan; and to incorporate the documents before the Council into the public record. In response to Councilmember Harper, Mr. Huffman advised the location of the language regarding the exclusion of eminent domain on residential properties. After discussion, City Manager Kueny suggested the following language be added to the sentence reading, "All property zoned commercial or industrial that has a residential. structure (house) on it and is owner occupied at the time the Redevelopment Plan is adopted is excluded from eminent doma hi so long _as that owner occ_qp.ies the residence." CONSENSUS: By consensus, the Council determined to add the language as suggested by the City Manager. City Manager Kueny advised that letters in objection to the Redevelopment Plan and /or. Final Environmental Impact Report were received this date from the Moorpark Unified School District and the Ventura County Community College District. Additionally, a letter was received this date from the County of Ventura requesting an agreement regarding pass- through of tax increments. 9.B.1. John Elmore (651 E. Main Street, Ventura) representing the County of Ventura Library Services Agency, addressed the Council. /Redevelopment Agency endorsing the requested 2% pass - through of tax increments to the Ventura County library Services Agency contained in the June 7, 1989 letter from the County of Ventura. 9.B.2. Tom Ely (3278 Fletcher Street, Simi Valley) representing the Ventura County Community College Minutes of the City Council Moorpark, California Page 5 June 7, 1989 District, addressed the Council /Redevelopment Agency advising that the College District objects to the adoption of the proposed Redevelopment Plan until a suitable agreement can be made that will insure that the College District will maintain the tax increments it would otherwise receive. In response to Mayor Brown, Mr.. Ely reported an enrollment at Moorpark College of 1.1,780 students. 9.B.3. William Mason (437 Shasta Avenue, Moorpark) advised that he did not think all. the concerns of the people have been satisfied; and that the people in the Redevelopment Project Area should have the right to vote on the Plan. 9.B.4. Barbara Shultz (116 Sierra Avenue,Moorpark) addressed the Council /Redevelopment Agency regarding the importance of early communication between the City and citizens of the community when proposals such as redevelopment are being considered. She recommended that the Project Area Committee be representative of all areas of the Redevelopment Area, residential and business; and when the Agency begins to initiate projects, preference should be given to those areas where there are long -time residents. 9.B.5. Curran Cummings (640 Bard Street, Moorpark) representing the Chamber of Commerce, spoke in favor of the Redevelopment Project and urged the Council /Redevelopment Agency to proceed with adoption and implementation of the Plan. In response to Mayor Brown, Mr. Cummings advised that he felt the Project Area Committee was representative of all areas of the proposed Redevelopment Project Area. 9.B.6. Doug Frazier. (237 Sierra Avenue, Moorpark) advised that he did not believe there has been a loss in the value of homes in the proposed redevelopment area. He questioned that if low and medium cost homes are to be built, will their cost be based on Moorpark in general or the Redevelopment Area. Ile also questioned who represented Walnut Acres on the Project Area Committee. 9.B.7. Paul Binding (2258 Barbara Drive, Camarillo) representing the Moorpark Mosquito Abatement District (MMAD), advised that the proposed Redevelopment Project may cause cuts in services. tie advised that approximately 25% of MMAD's revenue is from the Project Area; and that a resolution will be forthcoming requesting a tax pass- through. In response to Mayor Brown, Mr. Binding advised that he did not readily know the number of calls received by MMAD from within the Redevelopment Area. Minutes of the City Council Moorpark, California Page 6 June 7, 1989 Mayor Brown declared the Public Hearing closed. Acting City Attorney Peter Thorson advised that State law requires that Staff provide written responses to the objections submitted by the Moorpark Unif:Led School. District and the Ventura County Community College District prior to the adoption of the Redevelopment Plan by the City Council /Agency Board. He recommended that no action be taken at this meeting. CONSENSUS: By consensus, the City Council /Agency Board determined to delay all action on the Redevelopment Plan until June 21, 1.989. In response to Councilmember Harper, Acting City Attorney Thorson advised that the Community Redevelopment Law permits Redevelopment Plan approval (or amendment thereto) to be subject to voter approval. To accomplish this, Staff should be directed to draft an ordinance that would be submitted to the voters that would confirm the restrictions on eminent domain that have been placed in the Plan. In response to Councilmember. Montgomery, Mr. Thorson recommended that the voter approval be handled as a separate action from adoption of the Plan. The Plan would go into effect with the base year 1988/89, and still the voters could ratify the question of eminent. domain for residential areas. In response to Councilmember Harper, Mr. Thorson advised that after the City Council took action to place an ordinance on the ballot, it could begin writing a ballot argument. MOTION: Council /Agency Member Harper moved and Council /Agency Member Montgomery seconded a motion to direct Staff to draft the language for an ordinance to be placed on the November, 1989 ballot, which would allow the voters of Moorpark to ratify the restrictions on eminent domain; and the results of that ratification to become an amendment to the Redevelopment Plan. The voice vote was unanimous. MOTION: Agency Member Harper moved and Agency Member Montgomery seconded a motion to adjourn the Redevelopment Agency to 7:00 p.m. on June 21, 1989. The voice vote was unanimous. 7. COMMITTEE REPORTS Councilmember Harper reported that lie and Mayor Pro Tem Perez attended a street sweeping demonstration. lie requested that this item be placed on the June 21, 1989 Agenda for Council consideration. Councilmember Montgomery reported that he and Mayor Brown (Budget and Finance Committee) attended a demonstration on financial software; and that he and Councilmember. Lawrason (Public Works /Facilities Committee) interviewed four bidders for design of the downtown park. Councilmember Montgomery reported that the Minutes of the City Council Moorpark, California Page 7 June 7, 1989 Ventura County Waste Commission is scheduled to meet next week, however it is not expected the Commission will be. seated. Councilmember Lawrason advised that the Public Works /Facilities Committee is completing its evaluation of the bidders on the design of the downtown park, and the completed analysis will be forwarded to the Council. Councilmember Harper recalled that the RFP was to include a plan for the entire government complex, and not just the design of the downtown park. He expressed concerned that the RFP only identified the lower fields for planning. City Manager Kueny advised that he would research the Council's previous action. Councilmember Lawrason confirmed agreement with the concept of including the entire government center complex in the downtown park design, and advised that as the Committee works with the bidders, this will be kept in mind. Mayor Brown advised that Ginger G.irardi has been appointed Director of the Ventura County Transportation Commission. Mayor Brown reported that she attended a meeting of the Year 2000 Committee this date, and advised that she will be attending a meeting of the City Selection Committee on June 8, 1989. 9.A. Consider revisions to Land_ Use Application Fees and Planning Rates. Staff recommended the Public. Hearing be continued to June 21, 1989. MOTION: Councilmember. Montgomery moved and Councilmember Lawrason seconded a motion to continue the public hearing on Land Use Application Fees and Planning Rates to June 21, 1989. The voice vote was unanimous. 9.C. Consider a report and recommendation from the Planning Commission to allow child— d ay_ care centers in all commercial and industrial zones subLeA to__a_pproval_ of_ the _Conditional Use Permit. Staff recommended approval of the Planning Commission's recommendations; and that Staff be directed to prepare the necessary ordinance. Director of Community Development Pat Richards advised that the Planning Commission, pursuant- to the direction of the City Council, has reviewed the City's Day Care Center standards and recommends allowance for these institutions in the C -0 (Commercial Office); C -1. (Neighborhood Commercial); C -2 (General Commercial; CPD (Commercial Planned Development); M -1 (Industrial Park District); and M -2 (Limi.ted Industrial District) zones. Additionally, the Commission recommends the requirement of a Conditional Ilse Permit for the establishment of Child Day Care Centers in commercial or industrial zones. In response to Councilmember I,awrason's concern in allowing Day Care Centers in Commercial Office complexes, Mr. Richards Minutes of the City Council Moorpark, California Page 8 June 7, 1989 advised that if there are objections by other users, the Planning Commission would take that into consideration when approving the Conditional. Use Permit. Mayor Brown declared the Public Hearing open. Being no persons present to speak on this item, Mayor Brown declared the Public Hearing closed. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to approve the recommendation of the Planning Commission to allow Day Care Centers in the C -0 (Commercial Office); C -1 (Neighborhood Commercial); C -2 (General Commercial); CPD (Commercial Planned Development); M -1 (Industrial Park District); and M -2 (Limited Industrial District) zones, with the requirement of a Conditional Use Permit. MOTION AMENDMENT: Mayor. Brown moved and Councilmember Lawrason seconded an amendment to the motion that Day Care Centers not be allowed in multi- tenant commercial or industrial buildings. The amendment failed by the following vote: AYES: Mayor Brown, Councilmember Lawrason; NOES: roiinci.lmember.s harper, Montgomery, Perez. MOTION VOTE: The main motion carried by an unanimous voice vote. Staff was directed to determine how other cities deal with Day Care Centers in multi- tenant commercial and industrial buildings, and to report back to the Council. 9.D. Consider Resolution No. 89 -567 enforcement of the California Vehicle Code within Tract_ 3049 (A & R Development). Staff recommended adoption of Resolution No. 89 -567 permitting enforcement of applicable provisions of the California Vehicle Code on private streets within Tract 3049. Assistant City Engineer John Knipe advised that the private streets within Tract 3049 have been fully improved and may be used by the general public prior. to City acceptance, therefore enforcement of the Vehicle was recommended. Mayor Brown declared the Public Hearing open. Being no persons present to speak on this item, Mayor Brown declared the Public Hearing closed. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to adopt Resolution No. 89 -567. The voice vote was unanimous. 10. COMMENTS FROM COUNCILMEMBERS 10.A. Appointment to Parks and Recreation Commission Minutes of the City Council Moorpark, California Page 9 June 7, 1989 Councilmember Harper nomination of John Commission. requested the Council to reconsider the Roberts to the Parks and Recreation Councilmember Lawrason announced his support of the nomination. Councilmember Perez advised that he felt there was a better working relationship on the Commission since John Roberts was removed, and he did not want to jeopardize this relationship with the reinstatement of John Roberts. Councilmember Montgomery advised that he did not support a commissioner being appointed with a 3 -2 vote, and therefore would also not support the nomination of John Roberts. Councilmember Harper withdrew his nomination of John Roberts, advising that he would make n new nomination at the next meeting. A .B. Appointments to Moorpark Disaster Council Administrative Assistant Susan Cauldwell. advised that the initial meeting of the Disaster Council has been scheduled for 10:00 a.m. on July 7, 1989. Tn accordance with Ordinance 89 -106, the Council is comprised of the Mayor, City Manager, Deputy City Manager, Police I,ieutenant, Assistant Fire Chief and additional appointments to be made by the Council for a total membership of eleven. Ms. Cauldwell referred the Council to the list of citizens submitting applications for appointment. Mayor Brown advised that she felt the membership -at -large should be residents of the City of Moorpark. MOTION: Councilmember Montgomery moved and Mayor Brown seconded a motion to appoint Carin Seebold (Moorpark Unified School District), and Floyd Thionnet (Moorpark College) to the Disaster Council; and directing that the membership -at- large be residents of the City of Moorpark. MOTION AMENDMENT: Mayor Brown moved and Councilmember Montgomery seconded an amendment to the motion that the City will not entertain the appointment of alternates; that: one individual is to be identified as the member with no alternate. The motion carried, with Councilmember Perez dissenting. VOTE ON MAIN MOTION, AS AMENDED: The voice vote was unanimous. MOTION: Councilmember Perez moved and Councilmember Brown seconded a motion to direct Staff to write letters to the candidates advising them of the proposed meeting times, commitment required, and overview of duties; and requesting the candidates to respond regarding any scheduling conflicts they may have. The voice vote was unanimous. Minutes of the City Council Moorpark, California Page 10 June 7, 1989 10.C. Appoint City Councilmember as r_e_presentativ_e to 1990 Census Steering Committee. CONSENSUS: By consensus, the Council determined to appoint Councilmember Perez to the Census Steering Committee, with Mayor Brown as alternate. 10. COMMENTS FROM COUNCILMEMBERS Councilmember Lawrason advised that he received a letter from a resident of the Villa del Arroyo Mobile Home Park regarding the trash problem in front of their area. He requested that Staff investigate what can be done to clean this up. City Manager Kueny advised that the City intends to use Community Service Workers to accomplish this clean -up. Councilmember Montgomery expressed concern regarding the dangerous situation at the corner of Spring Road and Tierra Rejada Road where cars - for -sale are being parked. Additionally, Councilmember Montgomery requested Staff to check the signal timing on the south -bound left turn from Peach Hill onto Tierra Rejada Road. Councilmember Harper questioned if the Council was still interested in considering playground equipment for the area between Condor and Virginia Colony; and if so, that Staff be directed to place this item on the Agenda of the Parks and Recreation Commission. Councilmember Perez requested Staff to respond to Celia Carpenter regarding the City's intention to clean the trash from the area around Via del Arroyo Mobile Home Park. Councilmember Perez advised that: lie would like the Transportation Committee (Mayor Brown, Councilmember Perez) to meet with the District Director of Cal Trans to find out his limits of authority and remind him of issues. Councilmember Perez requested that the increase in funding for the Ventura County Transportation Commission be agendized. In response to Councilmember Perez, Assistant City Engineer John Knipe advised that the construction on High Street should not close Magnolia Street for parking or storing of equipment or materials; however, during construction in that immediate vicinity, there may be some closure of the road for n period of time. In response to Mayor Brown, Assistant City Engineer Knipe confirmed that Pepper Trees on High Street will not be removed to provide diagonal parking; that par.k.hig will be parallel and the trees will remain. Mayor Brown advised that a D.A.R.E. program on martial arts will be presented on June 10, 1989. Minutes of the City Council Moorpark, California Page 1.1 June 7, 1989 Mayor Brown advised that negotiations for right -of -way are continuing with Watt Industries. Mayor Brown expressed concern with the speed of traffic on Peach Hill Road and what could be done to reduce it. Mayor Brown expressed concern with the number of real estate signs being placed at the corner of Peach lli.11 and Spring Road. City Manager Kueny advised that City Staff continues to work on the problem of real estate signs being placed on public property without encroachment permits. Mayor Brown directed that the Public Works /Facilities Committee review the guidelines regarding real estate signs, and a means to eliminate the their placement on public property. 11. DISCUSSION /ACTION ITEMS 11.N. Consider proposed freeway agreement and Resolution No. 89- authorizing the Mayor to s_i_gn. Staff recommended they be directed as deemed appropriate. CONSENSUS: By consensus, the Council determined to consider Item 11.N. at this time. Deputy City Manager Richard Hare advised that it is necessary for the City to enter into agreement with Caltrans to complete the connection of Highway 23 and Highway 118. Staff has concerns regarding the lack of project detail in the agreement. Some of these questions have been addressed by Caltrans, however, they are unwilling to modify their standard agreement, advising that it is intended to be generic in nature. Caltrans has advised they are willing to work out the specifics and details of the project using further memorandums of agreement between the City of Moorpark and Caltrans. Jack Hallin, Chief Engineer of District 7 Branch C, addressed the Council advising that the Final Environmental Impact Statement on the Connector was approved by the federal Government; that initial construction to replace the wetlands area will begin in Fall, 1.989; and that the $40 Million project will go out to bid in .Tune, 1990. He further advised that the Freeway Agreement is intended to address what City streets will have interchanges; what frontage roads will be built, and what streets will be closed. Tt is not intended to be a detailed design. Caltrans is willing to enter into a separate letter of understanding for construction details. In response to concerns expressed by Counci.lmember Perez regarding the sub - standard c-ondi.tion of Highway 118 which will be relinquished to the City at. the completion of the Connector Project, Mr. Hallin advised that if the City could provide right -of -way, Caltrans would proceed with upgrading the road. Minutes of the City Council Moorpark, California Page 12 June 7, 1989 Mr. Hallin advised that 118 is relinquished to state of good repair, have to negotiate with into an agreement wher e of repair to the City. Caltrans' position is that when Highway the City, the roadway will be put in a i and that s something that Caltrans will the City. It would be possible to enter Caltrans would contribute in -lieu costs In response to Counci.lmember Lawrason, Mr. Hallin advised that a letter of understanding between the City and Caltrans could include time lines and other details as they are developed during the continuation of the design phase. Additionally, the construction details could be added to the plans as they are agreed upon by the City and Caltrans. In response to Counc.ilmember Harper concerning the Freeway Agreement, Section 2. (closing, relocating, constructing City streets); and Section 6. (Ci.ty acceptance of control and maintenance of streets upon relinquishment by State) of the proposed Freeway Agreement, Mr. Hallin advised that It is a generic agreement. In response to Councilmember. Harper as to whether a letter of understanding could be signed simultaneously with the Freeway Agreement, City Manager Kueny recommended that both the letter of understanding and the Agreement be signed by the same person; and that he would commit: Staff time to complete the letter of understanding for the Council's review within two weeks. Mr. Hallin advised that if he could receive a draft of the letter of understanding within the next- several days, Caltrans could turn it around before .June 21, 1989. City Manager Kueny suggested the City obtain a commitment from Caltrans to expedite the City's project for the widening of Los Angeles Avenue, east of Spring, which will provide a continuous left turn lane through the Virginia Colony area. It is important that the City have a commitment to push this project forward so it does not have to wait until after construction of the Freeway Connector project. CONSENSUS: By consensus, the Counci.] directed this item be placed on the Agenda for June 21, 1989. 11.A. Consider report by City_Attorn_ey concerning ballot measure for eminent domain restriction in Redevelopment Plan. Staff recommended they be directed as deemed appropriate. CONSENSUS: By consensus, the Council directed the report be received and filed. 11.B. Consider proposed_ ordinance r iLlatin distribution of commercial handbills. Staff recommended the introduction of Minutes of the City Council Moorpark, California Page 1.3 June 7, 1989 Ordinance No. 109 regulating distribution of commercial handbills. Acting City Attorney Peter Thorson read the title of Ordinance 109. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to waive further reading and declare Ordinance No. 109 read in title only. The voice vote was unanimous. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to declare Ordinance No. 109 introduced and read for the first time. The voice vote was unanimous. 11.C. Consider request concerning parking restrictions on Peach Hill Road in vicinity of Peach Hill Park. Staff recommended they be directed as deemed appropri.ate. Assistant City Engineer John Knipe advised that the Council approved "no parking" at various locations along Peach Hill Road, however parking was not prohibited adjacent to homes fronting onto Peach Hill Road or adjacent to the park. The homowners are now requesting a "permit parking only" zone on Peach Hill Road across from the park, as well as a prohibition of parking adjacent to the park. Mr. Knipe advised that prohibiting parking adjacent to the Park without a "permit parking" zone on the west side of the street would increase the apparent problem currently being experienced by the homeowners. Therefore, no action should be taken on the "no parking" until a decision is made regarding implementation of a "permit parking" zone. Staff is currently evaluating "permit parking" for streets near Moorpark College, and this could be considered at the same time. City Manager advised that the "no parking" signs were not posted immediately after adoption of the resolution due to the possible establishment of hike lanes. CONSENSUS: By consensus, the Council directed Staff to post the "No Parking" signs in accordance. with the Resolution adopted in September, 1988. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to approve the recommended action to postpone the establishment of a "no parking" zone on Peach Hill Road adjacent to the Peach Hill Park until City Staff has evaluated a permit parking program for public streets, including Peach Hill Road across from the Park. The voice vote was unanimous. 11. D. Consider award _ of contract for_ High Street Improvement Project. Staff recommended awarding the contract to C. A. Rasmussen, Inc. in the amount of $135,144 and authorizing the City Manager to approve change orders not exceeding $13,500. Minutes of the City Council Moorpark, California Page 14 ,June 7, 1989 MOTION: Councilmember Harper moved and Councilmember Lawrason seconded a motion to award the contract for the High Street Widening Project to C. A. Rasmussen, Inc. in the amount of $135,144; and that the City Manager be authorized to approve change orders to the contract, not to exceed $1.3,500. The voice vote was unanimous. ll.E. Consideration of__p 9p sed__Joint Powers Agreement (JPA) with County of Ventura concerning Open Space Buffer in Tract 4341 (UWC) and adjacent to Home Acres and approval of time extension. Staff recommended this item be continued to the regular meeting of July 19, 1989. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the Staff recommendation to continue the matter to the regular meeting of July 19, 1989 and at that time to consider a Resolution of Intent to fulfill the Landscaping and Lighting Act of 1972 and the related Joint Powers Agreement. The voice vote was unanimous. ll.F. Consider City Wide Tree Replacement Program. Staff recommended they be directed as deemed appropriate. Director of Community Services Phil Newhouse advised that the City is ready to begin Phase III of the City -wide infrastructure program, tree replacement. The Council has approved $10,000 for the planting of 100 15- gallon trees. Subsequent to this approval, a local nursery has offered to donate 100 trees for this project. Staff suggests the following five types of trees for placement in either the parkway or the front yard: Cajeput Tree; Kurrajong Bottle Tree; Bradford Pear; Eucalyptus F.icifol..ia; Brisbane Box. In response to the Council's concern, Acting City Attorney Thorson advised that the City could place the trees in the front yards of the residences, so long as the City had signed authorization to enter onto the property for this purpose. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to direct Staff to proceed with the tree planting program, selecting trees from the five recommended by Staff, and placing them in the parkway. The motion carried with Mayor Brown dissenting. 11. G. Consider award of contract for City wide tree trimming, removal, stump grinding and root pruning Lo_Bob's Tree Service. Staff recommended awarding the contract to Bob's Tree Service. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to approve the Staff recommendation to award the contract to trim, remove and stump gri.nd trees at specified locations to Bob's Tree Service in the total amount of $12,560.00; to approve an expenditure of $12,560.00 plus a 10% contingency of $1,256.00 for a total of $1.3,816.00 from Account #23 -1143 -542 for the related tree project, leaving a balance of $29,469.00 for future tree work; and to authorize the City Manager to act on behalf of the Minutes of the City Council Moorpark, California Page 15 June 7, 1989 City to sign all necessary forms and contracts to complete the work as described. The voice vote was unanimous. 11.H. Consider potential Downtown Area Park Sites. Staff recommended they be directed as deemed appropriate. CONSENSUS: By consensus, the Council determined to continue this item to the regular meeting of June 21, 1989. 11.I. Consider award of contract for Senior Citizens Center Addition. Staff recommended awarding the bid to McCarthy Construction Company for $261,650. MOTION: Councilmember Perez moved and Councilmember Harper seconded a motion to approve the Staff recommendation to award the contract for the Senior Citizens Center Addition to McCarthy Construction Company in the amount of $261,650; to approve a 5% contingency in the amount of $13,083 and authorize staff to approve change orders within this amount; and to approve an appropriation of $94,663 from the Community Park portion of the Park Improvement Funds to complete the project. The motion carried by an unanimous roll. call vote. ll.J. Consider Resolution No. 89 -568, a resolution approving the Engineer's Report for "Moorpark Lighting and ___Lands cap ipg Maintenance Assessment District No. AD -84 -2" for the fiscal year commencing July_ J, 1989 and_ ending June 30, -1990_ Staff recommended approval of Resolution No. 89 -568. ll.L. Consider Resolution _No. 89 -569, a resolution ordering the annual fsessments for the "Moorpark_ Lighting. and Landscaping Maintenance Assessment District No. AD -84 -2" for the fiscal year commencing July_ 1,._-1989_ and ending June 30, 1990, and fixing a time and place for hearing objections th_erto. Staff recommended approval of Resolution No. 89 -569. 11.K. Consider Resolution No. 89 -570, a___resolution approving the Engineer's Report for _ the "Parks Maintenance Assessment District No. AD- 85- 1 "_ for _ ea the fiscal yr__commencing July 1. 1989 and ending June _3.0_, 1990. Staff recommended approval of Resolution No. 89 -570. ll.M. _Consider Resolution No. 89- 571_, - - -a resolution ordering the annual assessments for the "Parks and Maintenance Assessment District No. AD -85 -1" for _the fiscal year commencing_ July 1, 1989 and ending June 30,__1990, and fixing a__time and place for hearing objections the_re_to. Staff recommended approval of Resolution No. 89 -571. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to approve Resolution No. 89 -568, 89 -569, 89 -570 and 89 -571. The motion carried with Mayor Brown dissenting. 11.0. Consider Parks and Recreation Commission recommendation concerning request for proposal for Neighborhood Recreation Minutes of the City Council Moorpark, California Page 16 June 7, 1989 Center. Staff recommended they be directed as deemed appropriate. CONSENSUS: By consensus, the Council determined to continue this item to the regular meeting of June 21, 1989. ll.P. Consider transmittal of proposed 1989 90 fiscal year — - buditet and schedule budge. t_ study_session. Staff recommended scheduling a study session. CONSENSUS: By consensus, the Council determined to hold a budget study session on June 26, 1989. 12. ORDINANCES No ordinances were presented for second reading. 13. FUTURE AGENDA ITEMS Councilmember Harper requested that street sweeping be agendized. 14. CLOSED SESSION MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to adjourn into Closed Session at the hour of 11:00 p.m. for discussion of the following 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 known as Buttercreek Park with Boething pursuant to Government Code Section 54956.8 14.H. Litigation concerning City of Moorpark vs. Southern California Edison 14.I. Negotiation for real property concerning APN 500 -39 -050 (Watt Consolidated) pursuant to Government Code Section 54956.8 14.J. Personnel pursuant to Government Code Section 54957.6 14.K. Negotiation for real property at, intersection of Poindexter /First St.r.eet. at Moorpark Avenue (SR 23) concerning Rainy's Market, Unc., Nocera and J. M. Sharp Company pursuant to Government Code Section 54956.8 The voice vote was unanimous. Present in the Closed Session were all Councilmember.s; Steven Kueny, City Manager; Peter Thorson, Acting City Attorney; Richard Hare, Deputy City Manager; Susan Cauldwell, Administrative Assistant. Minutes of the City Council Moorpark, California Page 17 June 7, 1989 Susan Cauldwell left the meeting at the hour. of 11:20 p.m. The meeting reconvened into open session at the hour of 12:24 a.m. City Manager Kueny advised that there was no action to report as a result of the Closed Session; and that the City Council did not consider items 14.D., 14.E., or 14.C;. 15. ADJOURNMENT MOTION: Councilmember Lawrason moved and Counci.lmember Montgomery seconded a motion to adjourn the meeting at the hour of 12:26 a.m. The voice vote was unanimous. Eloise Brown, Mayo ATTEST: