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HomeMy WebLinkAboutMIN 1989 0621 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California June 21, 1989 A Regular Meeting of the City Council of the City of Moorpark, California was held on June 21, 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 7:16 p.m. by Mayor Eloise Brown. 2, PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Lawrason. 3. ROLL CALL Present: Councilmembers Clint Harper, Paul Lawrason, Scott Montgomery, Bernardo Perez and Mayor Eloise Brown. Steven Kueny, City Manager; Cheryl Kane, City Attorney; Richard Hare, Deputy City Manager; Pat Richards, Director of Community Development; Phil Newl-roJse, Director of Community Service; Debbie Traffenstedt, Senior Planner; Susan Cauldwell, Administrative Assistant; John Knipe, Assistant City Engineer; Lt. Richard Rodriguez, Sheriff's Department; Don Reynolds, Associate Planner; Lillian Kellerman, City Clerk; and Carolyn Dyer, Deputy City Clerk. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: No proclamations, commendations or special presentations were made. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 6. PUBLIC COMMENT Victor Gutierrez, 350 Harry Street, Moorpark, advised the Council of the overcrowding in single family housing in his neighborhood. In response, the Council said they realized that overcrowding was a situation which was starting to happen in several locations. Mr. Gutierrez was advised that while the enforcement of overcrowding was very difficult, this was an issue that the Council would continue to address. Mr. Gutierrez was also assured that Lt. Rodriguez would stringently enforce parking regulations in Mr. Gutierrez's neighborhood. Minutes of the City Council Moorpark, California Page 2 June 21, 1989 Steven Graven, 287 Casey Road, Moorpark, advised the Council of the need for a turn lane on northbound Highway 23 onto Casey Road because of the danger involved in trying to make a left hand turn. He said he had been advised by the City Engineer that CalTrans had responded to a request for a turn lane but additional right of way would need to be obtained before the turn lane could be constructed. In response to Councilmember Harper, John Knipe said that 10 to 20 feet would be the amount needed for the right of way. He said this would be a CalTrans project. Susan Weintraub, 1800 Avenue of the Stars, Suite 1400, Los Angeles, reported on the PD 1064 (TOPA) project. She requested that the City Council waive the $10,000 fee and additional engineering costs that the City proposes to levy against TOPA. Gene Skoch, 13670 Laurelhurst Road, Moorpark, representing Troop 601 in Moorpark addressed the Council and expressed his concern that Ordinance 109, concerning the distribution of handbills, would prohibit scout fund raising projects. Councilmember Perez responded that the Ordinance would not prohibit securing flyers to the door which would prevent the littering problem caused by the wind carrying flyers away. 7. COMMITTEE REPORTS Councilmembers Lawrason and Montgomery reported on the Public Works Committee meeting, saying that two finalists have been selected as final bidders to be the consultants for the design of the Downtown Park. Steven Kueny responded to Councilmember Harper's concern that the consultants scope of work needed to include the Government Center by saying that the Downtown Park would incorporate a plan for a bridge and increased parking for the existing building. Councilmember Montgomery reported on the Ventura County Waste Committee meeting saying that the Commission was seated and that he had been selected Vice Chairman of the Commission. Councilmember Perez said the Association of Ventura County Cities had their election of officers. He said that Delores Day, from the City of Fillmore had been selected as the new Chairman. Mayor Brown reported on the Year 2000 Committee and said that a report would be forthcoming as they were coming to the end of their work. She said that the City Selection Committee has named her as an alternate to the County Iransporation Committee. 8. CONSENT CALENDAR MOTION: Upon motion by Councilmember Harper, seconded by Councilmember Perez, items 8.A.1, 8.E., 8.J, 8.K., 8.N. were pulled from the consent calendar for discussion; the following items were approved by an unanimous roll call vote: Minutes of the City Council Moorpark, California Page 3 June 21, 1989 8.A.2. Consider approval of minutes for the Adjourned City Council Meeting of May__30, 1989. Staff recommended the minutes be approved as presented. 8.A.3. Consider approval of minutes for the __Adjourned City_ Council Meeting of May _31 ___1989 Staff recommended the minutes be approved as presented. 8.B. Consider approval_ of Warrant Register 1988/89:_ - Prepaid Warrants Nos. 8815, 8900 -8905, 8907 -8913 $132,848.06 - Payable Warrants Nos. 8915 -8970 $366,420.14 8.C. Consider a report on the City's_intra -city transit service. Staff recommended the Council receive and file the report. 8.D. Consider report on status of Moorpark fireworks display. Staff recommended the Council receive and file the report. 8.F. Consider award of bid for Publication of Legal Notices /Ordinances. Staff recommended awarding the bid to the Moorpark Mirror. 8.G. Consider budget amendments for close of_fiscalyear 1988/89. Staff recommended the approval of the transfer of funds as recommended. 8.H. Consider exoneration of duplicate traffic signal bonds for Tract 4338. Staff recommended the exoneration of the duplicate traffic signal bonds at Walnut Creek Drive and Tierra Rejada Road immediately. 8.I. Consider approval of street names for Tract_ 4081 (ColmerZ_ Staff recommended the approval of street names as suggested by the applicant except as noted in staff report. 8.L. Consider approving travel authorization for the Director of Community Development's attendance at a 19_89 Downtown Revitalization Conference. Staff recommended approval of the request. 8.M. Consider proposed Resolution No. 89-572 to close City offices on Monday, July _3_,__1989. Staff recommended adoption of Resolution No. 89 -572 closing the City offices on Monday, July 3, 1989. 8.0. Consider report on Special Election calendar. Staff recommended consolidating with Ventura County for November 7 election. 8.P. Consider rej(ction of Todd S. Severson claim against the Minutes of the City Council Moorpark, California Page 4 June 21, 1989 City of _Moorpark. the claim. Staff recommended formal rejection of 8.Q. Consider amendment to service contract with Carl Warren and Company for claims administration. Staff recommended adoption of the amendment to the service contract and continued use of Carl Warren and Company as the City's claims administrator. 8.R. Consider exoneration of Gradinq Bonds for DP -362 and DP -389 (Cabot, Cabot and Forbes)_ Staff recommended accepting the improvements and authorizing The City Clerk to return the cash deposited in lieu of grading bonds. The following items were pulled for individual consideration by the Council: 8.A.1. Consider approval of minutes for the Regular City Council Meeting of June 7.,_1989. Staff recommended the minutes be approved as presented. Councilmember Montgomery requested the removal of the underline on page 4, paragraph 6 "so long as that owner occupies the residence." MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to accept the minutes with corrections as noted. The voice vote was unanimous. S.E. Consider speed enforcement on Peach Hill Road. Staff recommended the Council receive and file the report. Councilmember Montgomery thanked Lt. Rodriguez for the statistics and stated that there were good locations on the west side of the road for radar enforcement of speed laws and stated that the report should be received and filed. MOTION: Councilmember Montgomery moved and Councilman Harper seconded the motion to receive and file the report. The voice vote was unanimous. 8.J. Consider a report regardinq Lot Line adjustment_ 89 -1 and Minor Modification_ No. 4 - Griffin Homes a`prQp_osal to ad,lust rear lot lines within _Tract 3963_ and_ to_ provide a minor reduction in re _ngd__.rear yard. Staff recommended the Council receive and file the report. In response to Councilmember Lawrason, Mr. Kueny said this item was not a continuation from a previous meetings. MOTION: Councilmember Lawrason moved and Councilman Montgomery seconded a motion to receive and file the report. The voice vote was unanimous. 8.K. Consider a report_regarding the specific details of the Minutes of the City Council Moorpark, California Page 5 June 21, 1989 Moorpark Boys and Girls Club proposed program _to use Community Development block __Grant CDBG funds. Staff recommended confirming the Boys and Girls Club CDBG funding. MOTION: Councilmember Montgomery moved and Mayor Brown seconded the motion to confirm funding and assign the further reporting requirement to the Budget and Finance Subcommittee. The voice vote was unanimous. 8.N. Consider adoption of Resolution No. 89 -573 for parking restrictions on both sides of _Spring Road from Peach Hill Road to Tierra Rejada R_o_ad. Staff recommended adoption of Resolution No. 89 -573. Mayor Brown reported that the City of Thousand Oaks had signs stating where car sales and parking was prohibited. Mr. Kueny was requested to obtain information from the City of Thousand Oaks relative to this situation. Mayor Brown also requested that other areas of the City that are starting to have this problem be looked at for posting as well. MOTION: Councilmember Montgomery moved and Councilmember Lawrason seconded the motion to adopt resolution No. 89 -573. The voice vote was unanimous. 9. PUBLIC HEARINGS 9.A. Consider revisions to Land Use Application Fees and Planning Rates Staff recommended the Public Hearing be continued to July 5, 1989. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded the motion to continue the public hearing to July 5, 1989. The voice vote was unanimous. The Moorpark Redevelopment Agency was called to order at 8:13 p.m. by Chairman Brown. CONSENSUS: By consensus, the agency roll was not called. All members of the Redevelopment Agency were present. 9.B. Joint public hearing of the _Moorpark City Council and the Moorpark Redevelopment Agency on the proposed Redevelopment Plan for the Moorpark Redevelopment Project and the- Final_ Environmental Impact Report_( FEIR prepared for the Plan. Chairman Brown opened the public hearing and recognized Mr. Jon Huffman, the City's Redevelopment Consultant from Urban Futures. Mr. Huffman reported that responses to all negative letters received must be made within the prescribed time. He reported that these letters had been prepared and mailed. Minutes of the City Council Moorpark, California Page 6 June 21, 1989 Because there was no one present to speak on this item, Chairman Brown de c k red the public hearing closed. 1. Resolution No. 89 -8 of the Moorpark Redevelopment Agency taking certain actions in connection with the Plan. Jon Huffman, Urban Futures consultant, read the resolution title. MOTION: Agency Member Harper moved and Agency Member Lawrason seconded the motion to adopt Resolution No. 89 -8. The voice vote was unanimous. 2. Resolution No. 89 -9 of the Moorpark Redevelopment Agency approving the Plan and certifying the FEIR. Jon Huffman, Urban Futures consultant, read the resolution title. MOTION: Agency Member Harper moved and Agency Member Lawrason seconded the motion to adopt Resolution No. 89 -9. The voice vote was unanimous. 3. Resolution No. 89 -10 of the Moorpark Redevelopment Agency finding that the use of taxes allocated from the Moorpark Redevelopment Project for the purpose of providing housing outside the project area will be of benefit to the project. Jon Huffman, Urban Futures consultant, read the resolution title. MOTION: Agency Member Harper moved and Agency Member Lawrason seconded the motion to adopt Resolution No. 89 -10. The voice vote was unanimous. r "� 4.A. Consider approval of minutes for the R_edevelo moment AQenqy_ Meeting of June 7, 198.9. Staff recommended the minutes be approved as presented. MOTION: Agency Member Harper moved and Agency Member Perez seconded the motion to approve the minutes as presented. Motion carried unanimously by roll call vote. The Moorpark Redevelopment Agency meet.inq was adjourned at 8:24 p.m. The Moorpark City Council meeting continued in session. 9.B. Joint public hearin _ of the_ Moorpark Cif _Council and the Moorpark Redevelopment _Ag ncv on._the proposed Redevelopment Plan for the Moorpark Redevelopment Project and the Final Environmental Impact Report (FEIR) prepared for the Plan. 9.B.F. City Council Actions: Minutes of the City Council Moorpark, California Page 7 June 21, 1989 2. Resolution No. 89 -574 of the City Council of the City of Moorpark taking certain actions in connection with the Plan. Jon Huffman, Urban Futures consultant, read the resolution title. MOTION: Councilmember Harper moved and Councilmember Lawrason seconded the motion to adopt Resolution No. 89 -574. The voice vote was unanimous. 3. Resolution No. 89 -575 of the City Council of the City of Moorpark approving the Plan and certifying the FEIR. MOTION: Councilmember Harper moved and Councilmember Lawrason seconded the motion to adopt Resolution No. 89 -575. The voice vote was unanimous. 4. Resolution No. 89 -576 of the City Council of the City of Moorpark finding that the use of taxes allocated from the Moorpark Redevelopment Project for the purpose of providing housing outside the project area will be of benefit to the project. MOTION: Councilmember Harper moved and Councilmember Lawrason seconded the motion to adopt Resolution No. 89 -576. The voice vote was unanimous. 5. Resolution No. 89 -577 of the City of Moorpark adopting written findings in response to written objections in connection with the proposed Redevelopment Plan for the Moorpark Redevelopment Project. MOTION: Councilmember Perez moved and Councilmember Harper seconded a motion to adopt Resolution No. 89 -577. The voice vote was unanimous. 6. Ordinance No. 110 of the City of Moorpark approving and adopting the Redevelopment Plan for the Moorpark Redevelopment Project. Cheryl Kane, City Attorney, read the Ordinance No. 110 in title. MOTION: Councilmember Harper moved and Councilmember Lawrason seconded a motion to waive the reading and read Ordinance No. 110 in title only. The voice vote was unanimous. MOTION: Councilmember Harper moved and Councilmember Lawrason seconded a motion to declare Ordinance No. 110 introduced and read for the first time. The voice vote was unanimous. Minutes of the City Council Moorpark, California Page 8 June 21, 1989 City Attorney, Cheryl Kane stated that there would be an ordinance to amend the plan and that that ordinance could be introduced at an adjourned meeting. AT THIS POINT IN THE MEETING, Mayor Brown declared a 10 minute recess, the time being 8:31 p.m. The meeting reconvened at the hour of 8:49 p.m. 9.B. Joint public hearing of the Moorpark City Council and the Moorpark Redevelopment Agency_ on the proposed Redevelopment Plan for the Moorpark Redevelopment Project and the Final Environmental Impact.Report- (FEIR)_prepared for the Plan. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to adjourn this item to Monday, June 26, 1989 at 7:00 p.m. The voice vote was unanimous. 11.A. Consider proposed freeway _kq_reement, Memorandum of Understanding,_ and Resolution No. .89 -578 authorizing Mayor to sign. - - - — - - - - -- Deputy City Manager, Richard Hare, gave the staff report on the Memorandum of Understanding. Minor changes to the MOU were discussed. It has been discussed with CalTrans to contribute funds to the widening project not to exceed $150,000 for construction costs only. Bob Wallin, CalTrans, answered questions and stated that CalTrans did agree with the MOU. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to modify Item 11 to read "the State agrees to pay.....; Item 10 to delete Spring Road in Line 4; and third sentence in Item 11 be moved to the end of Item 10; and that in Item 8, the language at the end of the sentence would read "and to conclude 12 months thereafter. "; paragraph 12 - CalTrans is Insisting that the words "provided uses for public purposes on any such property sold. "; delete the word "recommend" from paragraph 11. The voice vote was unanimous. Councilmember Lawrason thanked the staff and CalTrans for working on this project. 9.C. Consider proposed assessments_ for "Moorpark Lighting and Landscaping Maintenance Assessment District No. AD -84 -2" for the fiscal year commencing July__li1989 and ending_ June 30, 1990 and consider Resolution No. 89- a_r_esolution_ confirming the assessment for fiscal year 1989/90_ Administrative Assistant, Susan Cauldwell, gave the staff report stating the assessment started in 1984. Tract Nos. 3019 and 3525 (Warmington) and Tract No. 3306 (Glenhaven) have been added to AD -84 -2. Assessment for lighting and landscaping for a single family level 1 home are $24.56 and $15.10 respectively for a total annual assessment of $39.66. Minutes of the City Council Moorpark, California Page 9 June 21, 1989 The FY89 -90 proposed assessment is a 4.78% greater than the 88 -89 assessment. The purpose of the public hearing is to hear objections to the proposed work or extent of the assessment district. The assessment district engineer, Dwight French and Associates, was available to answer any questions. Councilmember Montgomery asked to direct staff to find out the number of street lights per street. Steven Kueny stated the City Engineer's office would determine how many street lights are in the area and would report at the first meeting in July. Mayor Brown then opened the public hearing. There was no one present to speak on this item. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to continue the public hearing and review the proposed budget for AD -84 -2 in conjunction with the Council's review of the proposed FY89 -90 City budget. The voice vote was unanimous. 9.D. Consider proposed assessment for Maintenance Assessment District_ No. AD_-85 -1" for the fiscal year commencing on July_ 1,__19H and ending June 30, 1990 and consider Resolution No. 89- a „res_olu_t_ion confirming the assessment for fiscalyear 1989/90. Susan Cauldwell, Administrative Assistant, gave the staff report stating the Parks Maintenance Assessment District (Ad -85 -1) was formed in June 1985. Assessments in this district have not been levied since FY 86 -87. The proposed annual assessment for a single family home is $30.22. The projected budget for this district is $263,911. The purpose of the public hearing is to hear objections to the proposed work or extent of the assessment district. The assessment district engineer, Dwight French and Associates, was available to answer any questions. Mayor Brown opened the public hearing. Barbara Schultz, 116 Sierra Avenue, Moorpark, stated her objection to the assessment, district since there is not a downtown park. Dave Lorenzen, 13507 Candlewood Court, Moorpark, spoke in opposition of the assessment district. He stated there is an inappropriate park next door and finds it is not always available for use by the community. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to continue the public hearing and review the proposed budget for AD -85 -1 in conjunction with the council's review of the proposed FY89 -90 City budget. Motion carried unanimously by voice vote. Minutes of the City Council Moorpark, California Page 10 June 21, 1989 9.E. Consider a report regarding the reallocation of Community Development Block Grant JCDBG) funds from the Senior Citizens Center project to street improvement prqj�ects Pat Richards, Director of Community Development, gave the staff report asking that the City Council allocate $91,070 of the Community Development Block Grant for years 1986 -87 ($20,500), 1987 -88 ($50,000), 1988 -89 ($20,000), previously allocated for Senior Center improvements, to street improvements for Nogales Avenue, Avenida Colonia, and Charles Street. He also stated that all three proposed projects for Nogales Avenue and Avenida Colonia be constructed first and then the balance of funds be used to initiate the Charles Street improvements. Councilmember Perez stated that Charles Street is in more need of work than connecting the street in the other area. Councilmember Perez asked that this item be brought back in two weeks. Councilmember Harper supported delaying this item and was concerned with loading and unloading of school children in the Avenida Colonia area. MOTION: Councilmember Perez moved and Councilmember Harper seconded a motion to delay this item for two weeks. AMENDMENT TO MOTION: Councilmember Perez moved and Councilmember Lawrason seconded an amendment to the motion to have the Public Works Subcommittee take a look into the Virginia Colony area. Amendment carried unanimously by voice vote. VOTE ON MAIN MOTION__ The main motion carried unanimously by voice vote. 10. COMMENTS FROM COUNCILMEMBERS 10.A. Appointment to Parks and Recreation Commission. Councilmember Harper stated that he is still interviewing candidates and did not have a recommendation at this time. 10.B. Appointments to Moorpark Disaster-Council. Susan Cauldwell, Administrative Assistant, gave the staff report and stated that at the direction of the Council at the June 7 meeting letters have been sent to all Disaster Council nominees except the School District and College requesting that they reconfirm their interest and ability to serve on the Council. MOTION: Councilmember Harper moved and Councilmember Lawrason seconded a motion to appoint Paul Blum, Connie Lawrason, William Mahan and Lynne Owens to the Moorpark Disaster Council. The voice vote was unanimous. Councilmember Perez congratulated all graduates in Moorpark. Minutes of the City Council Moorpark, California Page 11 June 21, 1989 11.B. Consider Memorandum of Understanding_ with Urban West Communities (UW(Q concerning community focus area obligation_ Mr. Kueny, City Manager gave the staff report stating the Memorandum of Understanding allows the community use obligation of Planned Community No.3 (PC -3) to be fulfilled by the construction of a building on the community park site that would be available to the entire community and allow Urban West Communities to expand the neighborhood commercial area to include the area previously designated for public and quasi - public uses. One minor change is on item 12 of the MOU to add the following line "if the City invokes this option, the City shall be required to diligently pursue completion of the building." Mr. Kueny then asked to dispense with the rules and asked that Tom Zanic, Urban West Communities, be allowed to speak at this point in the meeting. Tom Zanic then spoke briefly saying that Urban West Communities feels this is an alternative to satisfy the community use needs of the City and that it will work well. MOTION: Councilmember Lawrason moved and Councilmember Perez seconded the motion to approve the Memorandum of Understanding in regard to the community focus obligation. The voice vote was unanimous. 11.C. Consider Resolution No. 89 -_579 a request from Ventura County Transportation Commission (VCTC) to increase City's funding of Commission from 1% to 2% of City's STDA Fund in FY 89/90. Susan Cauldwell, Administrative Assistant, gave the staff report. As of this date, the cities of Santa Paula, Simi Valley, Oxnard and the County of Ventura have approved this request. In addition, Port. Hueneme, Camarillo and Fillmore are also expected to approve the request. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to adopt Resolution 89 -579 approving an additional one percent of the City's TDA revenue for the VCTC. The voice vote was unanimous. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to address a letter suggesting they find alternate funds for Airport Land Use Commission. The voice vote was unanimous. 11.D. Consider award of contract for aerial photography and mapping services._ John Knipe, Assistant City Engineer, gave the staff report reporting that at a previous meeting on April 19, 1989 the City Council requested additional information on four Minutes of the City Council Moorpark, California Page 12 June 21, 1989 points. CalTrans has provided a letter stating they will conduct an alignment study for the extension of Routes 118 and 23 through the City of Moorpark and this was the delay for getting this back to the Council. Exhibit "A" was explained dealing with alternative costs of city -wide aerial photos, 200 scale options and 100 scale options. Mayor Brown expressed her concern that City funds were being expended for aerial photos that would be obsolete in a few years and should be a CalTrans responsibility. MOTION: Councilmember Harper moved and Councilmember Lawrason seconded a motion to approve Items 1 and 3, the Route 118 Freeway (within City Limits $19,820 and outside City Limits $15,314) and Route 118 Connection and Los Angeles Avenue $8,185 to be funded from the Citywide Traffic Mitigation Fund with a loan from the Gas Tax Fund. The Cost of City -wide aerial photos, $930; 100 scale color photos, $2,910; 100 scale photo mylars, $2,340; and Flight cost $2,230 to be funded by the Community Development Fund. Incorporate both items into the 1989/1990 budget for formal approval. Motion carried by 4 -1 vote. Mayor Brown dissenting. 11.E. Consider a request by staff and a recommendation from the Planning Commission to consider adoption of the County Zoning Code with revisions as an interim code_ until the City's General Plan Land Use Element-is updated. Pat Richards, Director of Community Development gave the staff report stating that in 1983 the City had adopted the County's Zoning Ordinance document. The County updated their zoning codes shortly thereafter. The new County Zoning Code is a much easier document to read, understand and use and will assist in avoiding miscommunication between public and city staff. This document was introduced to the Planning Commission at their meeting of June 5, 1989. The Commission agreed with staff on the need for such a change but did wish to limit it's use to a specific time. The Council recommended looking at alternatives and checking with other cities such as Camarillo and Simi Valley to see what type of Zoning Code they are using. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to direct staff to accomplish work necessary to rescind the current ordinance in its entirety and to adopt the current County Ordinance with minor modifications that addresses the City's current concerns and incorporate the City's revisions to the ordinance that have taken place since it's adoption. The voice vote was unanimous. At the hour of 10:24 p.m., Mayor Brown called a 15 minute recess. The meeting reconvened at the hour of 10:36 p.m. Minutes of the City Council Moorpark, California Page 13 June 21, 1989 11. F. Consider a recommendation from the Planning Commission to consider changing the public hearing notice = 300 foot_ radius requirement to 1,000 feet. Pat Richards, Director of Community Development, gave the staff report concerning the public hearing notice requirements. The Planning Commission discussed considering a 1000 ft. radius requirement rather than the current 300 ft. Pat Richards stated that at the present time a mailing goes out to the residents, there's a legal ad in the newspaper and the property is posted with a 4 x 8 sign stating the necessary information. Councilmembers Harper, Montgomery and Lawrason agreed with the recommendation of the Planning Commission. Councilmember Montgomery and Lawrason felt that apartment tenants should be noticed. If the listing of property owners is larger than 1000, the City has the opportunity to use the newspaper only to satisfy the notice requirement. Councilmember Perez felt this was acceptable but should have a map to go with the text. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to place an ad in the newspaper in the form of text and map. The voice vote was unanimous. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to direct staff to make the appropriate changes in the entitlement processing and documents to reflect a notice requirement of 1000 ft. radius. The voice vote was unanimous. The Council directed the staff to make notices more user friendly with larger print and the inclusion of one line in Spanish stating that if there is a question they should call City Hall. 12.A. Consider adoption of Ordinance No._ 109, an ordinance restricting the distribution of commercial handbills. City Attorney, Cheryl Kane, read the Ordinance No. 109 in title. MOTION: Councilmember Perez moved and Councilmember Harper seconded a motion to waive further reading and declare the Ordinance 109 read for the second time. Motion carried unanimously by voice vote. MOTION: Councilmember Perez moved and Council Harper seconded a motion to adopt the Ordinance 109 as read. Motion carried unanimously by voice vote. Steven Kueny, City Manager, stated that the handbills should be secured and either tied to the door knob, under the mat, or on the handle of the garage door. Minutes of the City Council Moorpark, California Page 14 June 21, 1989 11. G. Consider a status report regarding remaining participating parties plus consideration for approval of a contract to initiate work on the updat_i_ng__of the Land Use and Circulation elements. Staff report was given by Deborah Traffenstedt, Senior Planner, who stated that all of the current applicants for the General Plan update were contacted to obtain payment of the revised fair -share costs. Mr. and Mrs. Charles J. Gisler have decided to withdraw their application because the revised fair -share cost ($20,274.86) was not financially feasible for them at this time. Money from 10 applicants has been collected. Staff has subsequently received requests from Moorpark Ranch and Milling, and the Moorpark Unified School District for revisions to their original land use proposal. MOTION: Councilmember Montgomery moved and Mayor Brown seconded a motion to approve the PBR contract and direct staff to contact all remaining applicants to obtain additional funding for staff costs if needed when 80 percent of the funds set aside for staff time and administrative costs have been expended; to authorize staff to automatically seek additional funds from the remaining applicants should further withdrawals occur in the General Plan Update process; and direct staff to send letter to Sage Institute, Inc. and Moorpark Unified School District to identify why the submitted land use concepts are not acceptable. Motion carried by 3 to 2 vote with Councilmember Harper and Perez dissenting. 11.H. Consider a _Ri�(jsed_Memo rand um of—Agreement with Public Employees Association of Ventura County for period of Jul 1 1989 - June _30.1991. Steven Kueny, City Manager, gave the report stating this item should be continued to the next meeting. CONSENSUS: By consensus, the Council determined to continue this item to the June 26, 1989 meeting. =11.I. Consider Minor Modification and reques_t_fo_r allocations from Griffin Homes (Tract 3963). CONSENSUS: By consensus, the Council determined to continue this item to the June 26, 1989 meeting. 11.J. Consider approval of Settlement Agreement with Boething Family Trust concerni_�Boethinq __v_s_ Cif of_ Moorpark and_ City_of Moor-park vs.._Boething. Steven Kueny, City Manager, requested and the Council by consensus deferred this item until after the Closed Session. Minutes of the City Council Moorpark, California Page 15 June 21, 1989 11. K. Consider Lease Agreement with Boething Treeland Farms, Inc. Property known _ as . Buttercreek. Park __(Lot 92 of Tract 3032). Steven Kueny, City Manager, requested and the Council by consensus deferred this item until after the Closed Session. 11.L. Consider Peach Hill Park identification sign._ Phil Newhouse, Director of Community Services, gave the staff report stating that at the August 17, 1988 Council meeting the Council reviewed a recommendation from the Parks and Recreation Commission for the purchase and installation of a redwood park identification sign. Council then moved to return this item to the Parks and Recreation Commission for further review and to consider a lower maintenance sign designed in concrete and secure proposals for costs estimates for the sign. The bid proposal stated sign could be made of wood, slumpstone or pre -cast concrete and three proposals were received from Conejo Valley Sign, Norms Signs, and Brian Quigley Masonary. Council has appropriated funds in account 05-1147- 903 -007 in the amount of $3,000 for the purchase and installation of the park sign. Additional funds would need to be appropriated from the park improvement funds, neighborhood park portion, Peach Hill Zone for this project. MOTION: Councilmember Montgomery moved and Mayor Brown seconded a motion to obtain two additional bids on slumpstone park identification signs and bring back the item to the Council before awarding the contract. Motion carried unanimously by voice vote. 11.M. Consider street sweeping services. Staff recommended they be directed as deemed appropriate. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to begin immediately to spray the curbs and gutters to remove grass and weeds; to sweep the downtown targeted area bound by Moorpark Avenue on the west, Everett Street on the north, Spring Road on the west, and Los Angeles Avenue on the south, weekly; that program awareness and parking suggestions be worked on by the street sweeping subcommittee; and that various service options be looked at before a recommendation was brought back to the Council on the awarding of the street sweeping contract. The voice vote was unanimous. 11.N. Consider City___conditions_ on PD -1064 (TOPA) to allow traffic detour on _High__ Street. Staff recommended the confirmation of staff's recommended conditions. Mr. Knipe advised that for TOPA to install underground utilities as conditioned, it would be necessary for them to conduct a boring across the west leg of the New Los Angeles Avenue - Spring Road intersection. This would entail closing the southbound right turn lane and detouring westbound Route Minutes of the City Council Moorpark, California Page 16 June 21, 1989 118 traffic over High Street and Moorpark Avenue between approximately 9:00 p.m. Friday, June 23 until 5:00 a.m. Monday, June 26. Councilmember Harper said that he saw a public benefit in the installation of underground utilities but felt that TOPA Management Company should be charged actual costs for the work done by the City Engineer. Susan Weintraub, Development Manager the Council that her company would hold harmless indemnification for insurance policy; and that the con( expenses of the City Engineering acceptable. for TOPA, responded to provide an appropriate the City on TOPA's iition of paying actual costs to $3,000, was MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion not to require a $10,000 payment from TOPA Management Company for wear and tear of the existing street improvements during the proposed detour for the installation of underground utilities; but to require the payment of actual costs incurred by the City, not to exceed $3,000; TOPA to provide indemnification of the City on their insurance policy. The voice vote was unanimous. 11.0. Consider potential Downtown Area Park Sites._ Staff recommended they be directed as deemed appropriate MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to continue this item to the regular meeting of July 5. The voice vote was unanimous. 11. P. Consider Parks and Recreation Commission recommendation concerning request_ for_ _proposal_ for_ Neighborhood Recreation Center. Staff recommended they be directed as deemed appropriate. CONSENSUS: By consensus, the Council determined to continue this item to the meeting of June 26, 1989. 11.Q. Consider funding— Monte Vista Park. Staff recommended confirming funding of Phase I improvements. Councilmember Montgomery expressed his concern that community park funds were being used to fund a neighborhood park. Mayor Brown reported that initial discussions had indicated that grant money would be spent on the park. She said she was against any development of other phases of the park. MOTION: Councilmember Perez moved and Councilmember Harper seconded a motion to approve an appropriation of $12,330 from the Community Park portion of Park Improvement Funds, Peach Hill zone, for this project. Minutes of the City Council Moorpark, California Page 17 June 21, 1989 AMENDMENT TO MOTION: Councilmember Montgomery moved and Councilmember Perez seconded an amendment to the motion that Phase 2 not be funded; that all change orders be kept at a minimum and that City staff perform, wherever possible, professional services to minimize the money spent on the project. The voice vote was unanimous. VOTE ON THE MAIN MOTION: The vote was 4 -1 in favor. Councilmember Montgomery dissenting. 11.S. Consider Mayor Brown's request to attend League of California Cities 1989 Myours and Council Members Executive Forum; consider request of any other Councilmembers wishing to attend. Staff recommended approval of request per M.O.P. 1. f r, Councilmember Montgomery reported that although he was thinking of attending the meeting, he would not request any funds from the City to pay expenses for attending the meeting. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to authorize attendance by those of the Council who wished to attend the League's Fxecutive Forum. The voice vote was unanimous. 13. FUTURE AGENDA ITEMS Councilmember Harper requested a comprehensive written report from the staff regarding the conclusions on the Urban West moisture problems. The Council requested an item on guidelines for development in the unincorporated areas of Ventura County. Councilmember Lawrason agreed to wait for information on a meeting with CalTrans and Mr. Velasquez concerning a meandering sidewalk problem before putting the item on the agenda. Councilmember Perez said he had requested a report on the Council's meeting with the Chamber of Commerce Economic Development Committee. Mr. Kueny said it would be appropriate for the interim report to come from the two Councilmembers on the committee as a box item and an agenda item on goals and objectives to be placed on the agenda within the next two months. 14. CLOSED SESSION MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to adjourn into Closed Session at the hour of 12:20 a.m. for discussion of the following items: 14.A. Personnel. A .B. Litigation concerning Boething vs. the City of Moorpark. Minutes of the City Council Moorpark, California Page 18 June 21, 1989 14.C. Litigation concerning the City of Moorpark vs. Boething. 14.D. Potential litigation pursuant to Government Code Section 54956.9(b)(1). A.E. Potential litigation pursuant to Government Code Section 54946.9(c). A.F. Litigation concerning City of Moorpark vs. Moorpark Unified School District. 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 Street at Moorpark Avenue (SR23) concerning Rainy's Market Inc., Nocera and J. M. Sharp Company pursuant to Government Code Section 54956.8. The voice vote was unanimous. The meeting adjourned into Closed Session at 12:30 a.m. Present in Closed Session were all Councilmembers, Steven Kueny, City Manager; Cheryl Kane, City Attorney. Richard Hare, Deputy City Manager came into Closed Session at 12:54 a.m. The meeting reconvened into open session at the hour of 2:18 a.m. City Manager Kueny reported that item 14.E. Potential litigation pursuant to Government Code Section 54956.9(c) was not discussed during the Closed Session and there was one action to report out of Closed Session as follows: MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to approve a settlement with Willdan concerning dispute on certain payments for services for the Tierra Rejada Road Bridge project with final language to be approved by City Attorney and the Mayor be authorized to sign on behalf of the City. The voice vote was unanimous. Council concurred to add consideration of an ordinance to amend the Redevelopment Plan to the adjourned meeting. Minutes of the City Council Moorpark, California Page 19 June 21, 1989 15. ADJOURNMENT MOTION: Councilmember Perez moved and Councilmember Lawrason seconded a motion to adjourn the meeting to June 26, 1989 at the hour of 7:00 p.m. The hour of adjournment being 2:20 a.m. The voice vote was unanimous. A.- Eloise brown, Mayor ATTEST: