Loading...
HomeMy WebLinkAboutMIN 1989 0719 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California July 19, 1989 A Regular Meeting of the City Council of the City of Moorpark, California was held on July 19, 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 7:15 p.m. by Mayor Eloise Brown. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Montgomery. 3. ROLL CALL Present: Councilmembers Clint Harper, Paul Lawrason, Bernardo Perez, Scott Montgomery and Mayor Eloise Brown. Steven Kueny, City Manager; Richard Hare, Deputy City Manager; John Knipe, Assistant City Engineer, Lieutenant Richard Rodriguez; Pat Richards, Director of Community Development, Susan Cauldwell, Administrative Assistant; Phil Newhouse, Director of Community Services; Lillian Kellerman, City Clerk. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS A. Mayor Brown introduced new and newly promoted City employees Lillian Kellerman, City Clerk; Don Reynolds, Management Analyst; Ross Blackmer, Recreation Supervisor; Frank Mancino, Code Enforcement Officer; Paul Porter, Senior Planner; and Debbie Traffenstedt, Senior Planner. B. Mayor Brown introduced members of the 1989 -90 Ventura Grand Jury, Bart Miller and Dana Elliott. 5. REORDERING OF, AND ADDITIONS_ TO,_THE AGENDA Councilmember Perez requested that Ttem 11.E be moved ahead of the Public Hearings as many people were present for the item. By consensus, the Agenda was reordFr.ed to consider 11..E before 9.A. Mr. Kueny reported that since the closing of the agenda two items of Minutes of the City Council Moorpark, California Page 2 July 19, 1989 an urgent nature had come to his attention. He requested that a resolution appointing members to the Boards and Committees of the Southern California Joint Powers Insurance Agency, which would allow the City to participate and vote at its upcoming meeting, be added to the agenda as item 11.Q; and a discussion of the construction contingency at Monte Vista Nature Park relating to water connection and meter fees required by a new State law be added as item ll.R. MOTION: Councilmember Perez moved a motion to add items 11.Q and critical timing of the items. The 6. PUBLIC COMMENTS: and Council.member. Harper seconded ll..R to the agenda due to the voice vote was unanimous. Mayor Brown introduced Ms. Nellie Montana, and asked her to act as translator for any Spanish speaking person who wanted to address the Council. A. Bill LaPerch, 7200 Walnut Canyon, reported on the Downtown Neighborhood Council meeting held last week. He said the Neighborhood Council was concerned with the overcrowding in the Downtown area where sometimes up to 20 people were being housed in garages without sanitary facilities. He suggested increased law enforcement in the area. He requested, on another issue that the hours during which commercial traffic was allowed on Walnut Canyon Road be limited. B. Betty Hornaday, 420 Dorothy Avenue, told the Council that 10 -20 people were living in shacks and garages in the downtown area. She said a list of the homes where overcrowding had been observed had been compiled. C. Angel Barrera, 375 Millard St., said he was a long time resident and something had to be done about the overcrowding before numerous street fights became a problem. D. Mabel Zirschry, 459 Millard St., reported seeing twenty men on one lawn drinking beer. She said she was told by a real estate broker that it took five families to giialify for purchase of one particular house in the downtown area. E. Ruben Castro, 459 Charles St., said that the overcrowding problem was one that had existed for years but was just now being felt. He suggested the formation of a committee of residents to investigate the problem and suggest possible solutions to the Council. He said the building of multiple family residences in the downtown area would aggravate the problem. F. Alice Campbell, 448 Dorothy Ave., said the problems in the downtown area were overcrowding, nrinati.on in public, and parking violations. G. Stella Martin, 256 Dorothy Ave., reported that in the past she had been required to obtain a permit from the County to care for six elderly women in her home and (lid not understand why overcrowding Minutes of the City Council Moorpark, California Page 3 July 19, 1989 was not being regulated now. She said she had counted 12 people leaving from one house to go to work. H. Russ Campbell, 4262 Granadilla Dr., said the Council had been informed about the overcrowding as far back as 1987 but he didn't feel the problem was being addressed. He said drinking on front lawns was tolerated and no arrests were made. lie invited the Council to drive through the downtown area. I. Jim Owen, 411 Sarah Ave., said lie was required to abide by a County ordinance which had disallowed his uncle living in a trailer on his property. He said he felt others should have to abide by the law. J. Beverly Harris, 13893 Christian Barrett, said she had moved to Moorpark to retire but that she no longer felt safe in the downtown area. K. Teresa Godinez, 370 Bard St., sa.i.d that multi- family housing should not be allowed in the downtown area. She said the problems she had identified were cars parked on lawns, trash, poorly maintained homes, alcohol consumption in public, 15 -25 people living in one house, loud music, and unsupervised children playing in the street. She said enforcement of strict City codes and a bilingual Code Enforcement Officer would help the situation. L. Elaine Freeman, of Griffin Homes, requested the Council accept the staff recommendation to allow mi.rior modification No. 5 for PD -1041. Jack Hornaday, 420 Dorothy Ave., said he was very concerned about the overcrowding in the downtown area, the drinking, urinating in public, and the cars speeding up and down the street. M. Allen Faulkner, 334 Dorothy Ave., said the overcrowding was causing tension in the downtown area. N. Samuel Salgado, 333 Dorothy Ave., said he conducted business for the Farm Workers Union in his home and so had many people coming and going. He said as a Union representative he would like to do what he could to alleviate the problems in the downtown area; however, he said that people were living together because they could not afford to do otherwise. 0. Jose Rodriguez, Harry Street, said during the five years he has lived on Harry Street, he has never had a problem with his neighbors. He said occasionally he has parties where there is drinking but the people who attend his parties don't live with him. P. Arend Collen, McDonald's Corp. (21300 Victory Blvd., Woodland Hills), requested that he be placed on the next agenda to discuss McDonald's Corporation's proposed project. Q. Monte Abbath, 294 Sarah Ave., said the single family unit designation was being abused in the downtown area. Minutes of the City Council Moorpark, California Page 4 July 19, 1989 R. Barbara Schultz, 116 Sierra Ave., said she was appalled by the changes that had taken place in the last three years. She said there are groups of 20 people on every corner. She said she had seen 30 bikes in one driveway. S. Ainulfo Rodriguez, said he wanted to confirm what Mr. Delgado had stated. T. Mr. Tanyo, 417 Millard St., said he felt there was discrimination by the Police against Hispanics. He said he had lived 21 years in Moorpark. He said the children of "anglos" also cause disturbances in the downtown area. U. Susan Abbath, 385 Sarah Ave., said it was not just the Hispanics who partied, the white teenagers caused trouble too. V. Dennis Hann, Century 21 Real Estate Broker, (2867 Castillo Circle) said that blatant zoning violations should receive notices of violation. He said most trust deeds can be foreclosed on where the owner is using the property to make an illegal profit at the expense of the community. W. Doug Frazier, 237 Sierra Ave., offered a solution to the overcrowding suggesting that the City turn the "pink elephant" office building on Moorpark Ave. into a dormitory to house 100 people at a possible $50.00 a weak per bed rental rate. 7. COMMITTEE REPORTS Councilmembers Harper and Perez reported that the Street Sweeping Services Committee would be presenting a written report soon with the recommendation that staff be directed to request proposals for a multi -year contract. Councilmember Lawrason reported that the Public Works /Facilities Committee had met and would be presenting suggestions dealing with the proliferation of real estate signs in the City. Councilmember Montgomery reported on the Ventura County Waste Committee saying that objection had been raised against the County for renewing the Simi landfill contract without allowing review of the contract by the ten cities effected by it. Mayor Brown reported she had met: with Zone III Flood Control to ask them what they were doing for Moorpark with the monies collected. She also reported that Ventura County Water Works District No. 1 was recommending an increase in rates. AT THIS POINT in the meeting Mayor Brown declared a 15 minute recess. The meeting reconvened at 1):15 p.m. 8. CONSENT CALENDAR MOTION: Councilmember Harper moved and Councilmember Perez seconded Minutes of the City Council Moorpark, California Page 5 July 19, 1989 a motion to pull items 8.L, 8.Q, 8.P, 8.V, and 8.Y., from the Consent Calendar and approve all other Consent items, including 8.B. as amended. The roll call vote was unanimous. A. Consider approval of minutes for the Regular City Council Meeting of May 24,__ 19.8__9_ . Staff Recommendation: Approve the minutes as processed. B. Consider approval of minutes for the Regular City Council Meeting of June 21, 1989. _ Staff Recommendation: Approve the minutes as processed. The City Clerk read the following amendments to the minutes: Page 5 Item 8.N. - "was permitted" was changed to read "were prohibited." Page 12 Before the motion "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" was added. C. Consider approval of minutes for the Adjourned City Council Meeting of May 27,_1987. Staff Recommendation: Approve the minutes as processed. D. Consider approval of_minutes_for t_he Special City Council Meeting of July 23, 1987. __ Staff Recommendation: Approve the minutes as processed. E. Consider approval of__minutes _for_th_e Regular City Council Meeting of August 5,_1987_. Staff Recommendation: Approve the minutes as processed. F. Consider approval of minutes for the Sgecial City Council Meeting of August 1_9,__198.7. Staff Recommendation: Approve the minutes as processed. G. Consider approval of minutes for the Regular_ City Council Meeting of August 191_1987. Staff Recommendation: Approve the minutes as processed. H. Consider approval_of minutes_ for the Adjourned City Council Meeting of August 26,_1987. Staff. Recommendation: Approve the minutes as processed. I. Consider approval of minutes for the Special City Council Meeting of August 31__1987. Staff Recommendation: Approve the minutes as processed. J. Consider approval of .Warrant Register _1988/89: - Prepaid Warrants Nos. 8710, 8983, 8984, Minutes of the City Council Moorpark, California Page 6 8986, 8988 - Payable Warrants No.s 9075 - 9119 July 19, 1989 $9,050.96 $107,910.98 K. Consider approval of _Warrant: Register 1988190: - Prepaid Warrants Nos. 10001, 1.0002 10005 - 10007 $2,784.03 - Payable Warrants Nos. 1.0033 - 10045 $3,743.83 M. Resolution No. 89 -58_5 - A proposed resolution regarding land use application fees. Staff recommendation: Approve the proposed Resolution No. 89 -585. N. Residential Planned Development No. RPD -1046 (Ranch View Partners) i Minor Modification No._ 2_. Staff Recommendation: Receive and file the report.. Q. Tract 3032 -4 (UWCd= Acceptance of_Improv_ements and Bond Exonerations. Staff Recommendation: Accept the public improvements within Tract 3032 -4; include all streets in the City street system for maintenance; authorize the City Clerk to exonerate the bonds in the staff. report. R. Tierra Rejada Road (UWC) Bond Consolidation. Staff Recommendation: Accept Bond No. 11127011986, in the amount of $300,000, as replacement surety for Tierra Rejada between the Arroyo Simi and the Southern California Edison easement as well as Mountain Trail Street between Tierra Rejada Road and Country Hill Road and exonerate other. UWC bonds for Tierra Rejada Road. S. Tract 4081 (Colmar) - Approval__of Proposed Pad Elevations. Staff Recommendation: Approve pad elevations on the submitted grading plan as being in substantial conformance with the revised tentative map. T. Consider Adjustment_ of_the Timing for the Tierra Rejada Road_ Signals. Staff Recommendation Receive and file the report. U. Ratify City Manager's actions renewing Cit _liability insurance coverage. Staff Recommendation: Ratify renewal of City's liability insurance coverages. W. Authorize Mayor to-execute agreement with the State Controller's office for__pleparation of the annual street report. Staff Recommendation: Authorize the Mayor's execution of the agreement. X. Consider Resolution 89-587--amending the.salaKy_plan to conform with budget actions. Staff Recommendation: Approve Resolution No. 89 -587. Z. Consider Request to Restrict Left Turns onto Collins Drive from Various Streets in Tract 3963 Griffin . Staff Recommendation: Receive and file the report.. Minutes of the City Council Moorpark, California Page 7 July 19, 1989 The following items were pulled for individual consideration by the Council: 8.L Minor Modification DES, Griffin Homes -.A request to amend the condition of a previous minor modification reg_ardin_occupaancy timing. Staff Recommendation: Receive and file the report. In response to Councilmember iawrason, Mr. Kueny advised that he believed Griffin Homes' schedule for the completion of Campus Canyon Park was achievable, though weather could cause a delay and the grass might not he mature enough by the proposed date to allow the park to he open to the public. MOTION: Councilmember. Lawrason moved and Councilmember Montgomery seconded a motion to approve the Staff recommended approval of Minor Modification No. 5. The voice vote was unanimous. 8.0 Community Service Officers Year -end Report. Staff recommendation: Receive and file the report. Mayor Brown expressed her commendation to Community Service Officer David Lea for his outstanding job in the areas of crime prevention and training. The rest of the Council concurred. Consensus: By consensus the Council determined to direct Staff to schedule a public information program on crime prevention for merchants and another for residents. Motion: Mayor Brown moved and Councilmember Montgomery seconded a motion to receive and file the report. The voice vote was unanimous. 8.P Tracts 4140, 4141, and 4142 (Urban West Communities) - Street and Storm Drain Bond Reductions. Staff Recommendation: Authorize the City Clerk to reduce the street and storm drain performance and payment bonds for South Village to the amounts listed in the report. In response to Councilmember Montgomery, Mr. Knipe reported that the change to the signals and their coordination would take place in approximately 30 days. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to reduce the street and storm drain performance and payment bonds for South Village to the amounts listed in the Staff report. The voice vote was unanimous. 8.V Resolution 89 -586, authorizin& signatures for Local Agency Investment Fund (LAIF). Staff Recommendation: Pass Resolution No. 89 -586. Councilmember Lawrason said the Budget and Finance Committee might want to look at an internal policy to require two Minutes of the City Council Moorpark, California Page 8 July 19, 1989 signatures to any transfer of funds. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the resolution, amending it to omit individual names and 1.1.sting only the authorized positions. The voice vote was unanimous. 8.Y Consider Resolution No. , erohibiti.& �Parkipy on Courtney Lane between Tierra _Re_j ada and Talmadge and Tierra R_e_l ada and Penrose. Staff Recommendation: Approve Resolution No._, approving the parking prohibition on Courtney Lane. In response to Councilmember Perez, Mr. Newhouse said he had received two phone calls that cars parking in that location were causing a potential problem for people trying to make a turn. Consensus: By consensus the Council determined to refer this item back to staff for further review with Councilmember Perez. 11.E Consider Potential City Action on Allied Zoning Violations. Staff Recommendation Direct staff as deemed appropriate. In response to Councilmember Perez, Mr. Richards said that while no evening code enforcement activity had taken place thus far, weekend work was being done. In response to Councilmember. Lawrason, Lieutenant Rodriguez outlined how violations for disturbing the peace were handled. In response to Councilmember Harper, Mr. Richards said that it was a code violation to have people living in garages and the City was taking action against such violations. He said action was also being taken against a homeowner whose backyard too]. shed was being used as living quarters. In response to Councilmember. Montgomery, Ms. Kane said that though it requires a great deal of time and a considerable investment, most cities find vigorous code enforcement the most effective method to deal with overcrowding. She said that no city with an ordinance limiting mniti.ple family occupancy, when challenged, has been able to prove its standards to be objective. In response to Councilmember Harper, Lt. Rodriguez said effective last weekend he had scheduled an additional patrol. car in the downtown area for 3 -4:00 p.m. to midnight on Saturday and Sunday. Consensus: By consensus the Council determined to assign development of the ideas discussed to the Council's Affordable Housing Committee. The Commitee to consider continuing the additional police enforcement as outlined by Lt. Rodriguez, the Minutes of the City Council Moorpark, California Page 9 July 19, 1989 formation of a citizen committee, the reissuance of a letter to the residents of the downtown area regarding citizen concerns, a proposal to hire an additional Code Enforcement Officer, and obtaining additional code enforcement man -power In the interim from the City's building and safety contractor.. At the hour of 10:45 p.m., Mayor Brown declared a recess. The meeting reconvened at 11:00 p.m. 9. A. Industrial Planned Development Permit _Nos. IPD -88 -3, -4 -5 and -6 Siegel & Associates, Inc. West American Construction Company /S &B Mortgage Investment Company - Industrial Planned Development Permits for six manuf.act_uring_ -and three industrial buildings on five separate lots located on the north side of Los Angeles Avenue midway _ between Gabbe_rt Road and Maureen Lane also on Commerce _ Avenue south of Poindexter Avenue. Staff Recommendation: Approve the project with conditions as modified by the Planning Commission. Mr. Richards gave the staff report saying the Planning Commission had held a public hearing and adopted resolutions recommending approval of the mitigated Negative Declaration, Mitigation Reporting and Monitoring Program and recommended conditional approval of TPD's 88 -3 through 88 -6. In response to Councilmember Lawrason, Mr. Richards said that agreement on the color scheme had been resolved. Larry Lazar, of STA Inc., d.i.scussed the locations of the project properties and the zoning designation. Mayor Brown declared the public hearing open. Michael Martello, of Cohen, Alexander and Clayton, spoke on behalf of Siegel & Associates saying they accepted all. conditions required for approval. Mayor Brown closed the public comment portion of the public hearing as there were no more speakers. Councilmember Montgomery stated for the record he was not associated with the traffic engineering firm on the project -- Thomas S. Montgomery. In response to Councilmember Harper, Mr. Richards said a variety of trees along Los Angeles Avenue might enhance the landscaping. MOTION: Councilmember Montgomery moved and Councilmember Lawrason, seconded a motion to direct the staff to bring back a resolution approving the project with the conditions as modified by the Planning Commission to t-hft Council. for adoption. Minutes of the City Council Moorpark, California Page 10 July 19, 1989 9. B. Draft Housing Element (March 1989)--of-the General Plan - Consider the proposed revision to the Housing_Eleme_nt of the City `s General Plan as _ required b_Y_ State Law. Staff Recommendation: Approve revision to Housing Element. (Continued from July 5, 1989, Tt:em 9.B.) Mayor Brown declared the Public liear.ing open. Elizabeth Appel, of AR Development., stated that they opposed the requirement that all multi- family development be located in the central core area of the City. Paul Tryon, of BIA, stated they questioned the appropriateness of concentrating all multi- family housing in the one area of the City. Consensus: By consensus the Council determined to continue this item to August 16 and directed staff to report on the reason for their position on limiting new multi - family development to the downtown area. 11. A. Downtown Neighborhood Park. Staff Recommendation: Direct staff as deemed appropriate. Consensus: By consensus the Coiincil. received and filed this item. B. Consider Countywide Tree / atural and Historical Vegetation Preservation Ordinance - -a report_ regard_inQ a proposal to establish vegetation _Qrotection throughout the County. Staff Recommendation: Direct the staff as deemed appropriate. Consensus: By consensus the Council determined to continue this item to August 1.6, 1989. C. Consider Public Hearing Notice Requirements - a report regarding amending the City s_ notice- _r__ggqArement from _300 feet to 1,000 feet. Staff Recommendation: Direct staff to prepare an ordinance to accomplish to the proposed change with an exception for zone variance applications related to residential use. Mr. Kueny advised that a policy was needed for minor zone variances with regard to the public notice requirement. lie said typically those affected by a variance for a residence are in the immediate area and wider public notice is not needed. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to direct Staff to draft an ordinance expanding the public hearing notice requirement to 1,000 feet with an exception provision for zoning variances associated with a single family dwelling unit. The voice vote was unanimous. Minutes of the City Council Moorpark, California Page 1.1 July 19, 1989 D. Consider Arroyo Simi Pedestrian_ Bridge Improvements as Requirement of PD1010 (Palmer). Staff Recommendation: Direct staff as deemed appropriate. Mr. Knipe said the issues of the length of the bridge, whether the City or developer builds the bridge, the developer and City share of auxiliary costs and the type of pedestrian safety barrier to be used needed to hn resolved prior to final design. He informed the Council that new information had been received today from Ventura County Flood Control District concerning a possible 220 feet length of bridge span. Mitchel Kahn, of Palmer and Associates, said they had no concern with providing cage or fence as desired by City. He said the new span proposal would have to be reviewed before he could comment on it. Ile also said it was determined that a c -ntral light pole on a 1.70 feet span was not needed. He said landscaping was no longer an issue after his May meeting with City Staff since basic slope, control landscaping was all that was required. Councilmember Montgomery suggested the design of the equestrian trails at Hansen Dam should be reviewed. Consensus: By consensus the Council determined to refer the item to the Public Works /Facilities Committee and staff for further review. F. Consider measure to be put on the November 7, 1989 ballot - an amendment to the Moorpark__ Redevelopment Plan prohibiting the use of eminent domain for certain residential property within the Redevelopment _trot ect area. Staff Recommendation: Adopt Resolutions No. 89 -588 calling election, and No. 89 -589 authorizing City Councilmembers to file a written argument for the measure. Mr. Kueny advised that Ventura County had called with minor changes to the election resolutions. The City Clerk stated that the title of the proposed Resolution No. 588 should be changed from "with the school district election" to read "with the school and special districts election ", and Section 6 should be deleted from the body of the resolution. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to approve the resolutions as amended. The voice vote was unanimous. G. Consider measure to be put o_n the November 7, 1989 ballot -a measure which approves _a Transient Occupancy Tax. Staff Recommendation: Adopt Resolutions No. 89 -590 calling election, No. 89 -591 authorizing City Counci.lmembers to file a written argument for the measure. Minutes of the City Council Moorpark, California Page 1.2 The City Clerk said No. 590 should be election" to read election ", and Secti resolution. that the t changed f "with the on 6 should July 19, 1989 tle of the proposed Resolution Dm "with the school district school and special districts be. deleted from the body of the MOTION: Councilmember. Harper moved and Councilmember Perez seconded a motion to approve the resolutions as amended. The voice vote was unanimous. H. Consider adopting Resolution No. 89-592 requesting election services of the Count y.for _ the Special Election November 7, 1989, and No. 89 -593 _providing for the _filing of rebuttal arguments for the ballot measures. Staff Recommendation: — ---- - - - - -- - - - -- Adopt Resolutions No. 89 -592 requesting County services and Resolution 89 -593 for the filing of rebuttal. arguments. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to approve the resolutions. The voice vote was unanimous. I. Consider PD1065 (Velaz uez )_Condition Concerning Installation of Sidewalk. Staff Recommend nti.on: Direct staff as deemed appropriate. By Consensus: By consensus the Council determined to continue this item to August 2, 1989, after meeting with CalTrans. J. Consider Regulations _for Use of Community Center. Staff Recommendation: Direct Parks & Recreation Commission acid staff to proceed with modification of regulations and fees. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to direct review and modification of the regulation and fees for the Community Center by the Parks and Recreation Commission. Amendment to the Motion: Councilmember Lawrason moved and Councilmember Montgomery seconded an amendment to direct the Parks and Recreation Commission to consider the possibility of eliminating the use of alcohol at the Community Center. The voice vote was unanimous. Vote on the Main Motion: The voice vote was unanimous. K. Consider County Year 2000_ Advisory Committee Action. Staff Recommendation: Direct Mayor to send letter. to Board of Supervisors. Consensus: By consensus the Council determined to bring this item back on August 16, 1989. L. Overview of Street _Li hg ting__Xuidelin_es_._ Staff Recommendation: Direct staff as deemed appropriate. Minutes of the City Council Moorpark, California Page 1.3 July 19, 1989 Consensus: By consensus the Council determined to continue the item to August 2, 1989. M. Review of Reports Concerning Los Angeles Avenue Virginia Colon Staff Recommendation: Direct staff as deemed appropriate. Consensus: By consensus the Council determined to bring this item back on August 16, 1989. N. Consider Joint Powers_A&reement with Ventura County regarding Open Space Buffer in Tract 434.1 UWC _and_ adjacent_ Home Acres. Staff Recommendation: Defer action to Council Meeting of September 6, 1.989. Mayor Brown requested information on the meetings held with the homeowners -- date, place, attendees. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to continue this item to September 6, 1989 to consider a resolution of Intent with proviso that Mayor Brown receives requested information on meetings. The voice vote was unanimous. 0. Consider Addition of Bike Lanes on Tierra Rejada Road East of Spring Road Improvement Project. Staff Recommendation: Direct staff as deemed appropriate. Consensus: By consensus the Council determined to approve the design costs for the bike lanes and to bring back the item on a future Council agenda. P. Consider Use of Funds from violation of Citv Ordinance No. 101 - an ordinance relating to the preservation, cutting and removal of historic_ _trees,__ native Oak trees and mature trees. Staff Recommendation: Use funds to make improvements on Poindexter and Los Angeles Avenues. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to use funds from West American Construction Corporation for violation of Ordinance No. 101 in the amount of $17,000 to landscape areas indicated in the Staff report on Poindexter and Los Angeles Avenues. The voice vote was unanimous. Q. Consider Adoption of Resolution No. 89 -594 appointing Members_ to Boards and Committees of the Southern California Joint Powers Insurance Authority. Staff Recommendation: Approve the resolution. MOTION: Councilmember. Harper moved and Councilmember Montgomery seconded a motion to approve Resolution No. 89 -594. The voice vote was unanimous. Minutes of the City Council Moorpark, California Page 14 July 19, 1989 R. Consider Update Report - Monte. Vista Nature Park - Water Permit_ Fees -- ---- - - - - -- - - - - -- — - -- — Mr. Newhouse reported the contingency for the park was previously approved at $6,530. He said water meter permits were $1,835 for Water Works District No. 1, and $2,576 for the Calleguas Water. District. Trenching for the .irrigation main at the park site asbestos pipe was uncovered that would cost $1,100 to remove; to move construction fence for Water Works District I will be $350; for ,n total expenditure of $5,861. Mr. Kueny indicated that no action was being sought of the Council at present. This report was to update the Council on uses of the contingency. 12. ORDINANCES A. Consider adoption of Ordinance No. 112, on ordinance am_endinK the City's Zoning Code to allow Child Day Care Centers within all Commercial and Industrial Zones Consensus: By consensus the Council determined to defer first reading to August 2, 1999. . 13. FUTURE AGENDA ITEMS: Councilmember Montgomery requested that reconsideration of a prior action of the Council regarding the McDonald's Corp. project be placed on the agenda of August: 16, 1989. Councilmember Perez requested art item on the low income and affordable units of the Palmer Apartment project be placed on the Council agenda. Mayor Brown requested that the hours of rubbish collection be placed on the agenda for discussion. 14. CLOSED SESSION: MOTION: Councilmember Montgomery moved and Councilmember Lawrason seconded a motion to go into closed session regarding the, following items: A. Personnel. B. Potential litigation pursuant to Government Code Section 54956.9(b)(1). C. Potential litigation pursuant to Government Code Section 54956.9(c). D. Litigation concerning City of Moorpark vs. Moorpark Unified School District. Minutes of the City Council Moorpark, California Page 15 July 19, 1989 E. Negotiation for real property at 289 Casey Road (former high school site - Moorpark Unified School District) pursuant to Government Code Section 54945.8. G. Negotiation for real. property concerning APN 500 -39 -050 (Watt Consolidated) pursuant to Government Code Section 54956.8. H. Negotiation for real property at intersection of Poindexter/ First Street at Moorpark Avenrne (SR23) concerning Rainy's Market Inc., Nocera and J.M. Sharp Company pursuant to Government Code Section 54956.8. The voice vote was unanimous. At the hour of 12:50 a.m., Mayor Brown declared a recess. The meeting reconvened into closed session at 1:00 a.m. Present in the Closed Session were all Councilmembers; Steven Kueny, City Manager; Cheryl Kane, City Attorney; Richard Hare, Deputy City Manager. Mr. Hare left the meeting at 1:15 a.m. The Council reconvened into open session at 2:26 a.m. Mr. Kueny advised there was no action to report out of the closed session and items 14.D., 14.E. and 1.4.A. had been discussed. MOTION: Councilmember Harper moved and Counci.lmember Lawrason seconded a motion to adjourn. The voice vote was unanimous. The meeting adjourned at 2:27 a.m. x Eloise Brown, Mayor Attest: