HomeMy WebLinkAboutAGENDA REPORT 2001 1003 CC REG ITEM 11AITEM ff A,
MINUTES OF THE CITY COUNCIL
Moorpark, California of
A C -A
1. CALL TO ORDER:
6:42 P.M. BY:
2. INVOCATION:
Pastor Dave Wilkinson, Moorpark Presbyterian Church, gave
the invocation.
3. PLEDGE OF ALLEGIANCE:
Heather Harper, Teen Council Chair, led the Pledge of
Allegiance.
4. ROLL CALL:
Present: Councilmembers Harper, Mikos, Millhouse,
Wozniak, and Mayor Hunter.
Staff Present: Steven Kueny, City Manager; Hugh Riley,
Assistant City Manager; Joseph Montes, City
Attorney; Wayne Loftus, Director of
Community Development; Ken Gilbert, Director
of Public Works; Mary Lindley, Director of
Community Services; Dana Shigley, Director
of Administrative Services; Walter Brown,
City Engineer; Captain Robert LeMay,
Sheriff's Department; Deborah Traffenstedt,
Assistant to City Manager /City Clerk; and
La -Dell VanDeren, Deputy City Clerk.
5. PROCLAMATIONS AND COMMENDATIONS:
A. Recognition of Outgoing Teen Council.
Mayor Hunter introduced the Outgoing Teen Council
Members and presented each member with a Certificate
of Recognition.
Heather Harper, Teen Council Chair, summarized the
Teen Council activities over the past year and
discussed their planned events for the summer. She
thanked the City Council for their support.
B. Introduction of Abigail Fisher, Assistant Planner,
Community Development Department.
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Moorpark, California Page 2
June 6, 2001
Mayor Hunter introduced Abigail Fisher, Assistant
Planner, Community Development Department.
C. Introduction of Margaret Rothschild, Senior Center
Coordinator, Community Services Department.
Mayor Hunter introduced Margaret Rothschild, Senior
Center Coordinator, Community Services Department.
6. PUBLIC COMMENT:
Margarita Riley, a Simi Valley resident, thanked the City
Council for their financial support to the Moorpark
Symphony Orchestra (MSO) . She stated that in the Spring of
2002, the MSO would offer free music lessons to Moorpark
youth. She stated she is in the process of forwarding her
proposal for support of a free music program to the County
Board of Supervisors and state legislators and requested
the City Council's support of her petition.
Gerald Goldstein, a Moorpark resident, congratulated the
Teen Council for their accomplishments. He also discussed
forced cleanup of his property.
7. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Mayor Hunter announced the availability of Moorpark City
Transit summer youth bus passes for $20. He announced that
applications are being accepted for volunteers for the
Steering Committee for the Moorpark /Simi Valley
Neighborhoods for Learning. He announced a golf clinic for
seniors to be held at the Moorpark College Driving Range.
He also announced an informational seminar to be presented
to seniors by Ventura County Sheriff's Senior Deputy Ed
Tumbleson on techniques regarding vacation safety.
Mayor Hunter announced the following teen activities:
Moorpark After Dark Dance at the Boys & Girls Club, Magic
Mountain Teen Trip, and a Coco Loco Luau at Arroyo Vista
Recreation Center.
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Moorpark, California Page 3
June 6, 2001
Councilmember Wozniak requested that the City Council
adjourn the meeting in honor of the memory of all D -Day
Veterans.
9. PUBLIC HEARINGS:
A. Consider Report and Recommendation of the Affordable
Housing /Community Development Committee concerning
General Plan Pre - Screening Applications for L.T.
Development, LLC. and DeeWayne Jones. (General Plan
Amendment Pre - Screening Applications No. 2000 -04 and
No. 2000 -03). Staff Recommendation: The Affordable
Housing /Community Development Committee, by consensus,
recommends to the City Council: 1) Pre - Screening
General Plan Application No. 2000 -04 (L.T.
Development, LLC.) be allowed to be submitted and
authorized for processing subject to the conditions
recommended by the Committee, as specified in the
agenda report, and 2) Pre - Screening General Plan
Application No. 2000 -03 (DeeWayne Jones) be continued
to the next cycle of Pre - Screening Application review
and that the applicant work together with staff to
address the issues identified by the Committee at
their meeting of April 18, 2001.
AT THIS POINT in the meeting, Councilmember Millhouse left
the dais to avoid a potential conflict of interest. The
time was 7:08 p.m.
Mr. Loftus gave the staff report.
Mayor Hunter opened the public hearing.
John Newton, 165 High Street, Suite 103, spoke on
behalf of the applicant, L.T. Development, LLC. He
discussed working with the City toward solving the
affordable housing issues. He stated the intent for
the project is between 30% and 50% of the units are
intended for designation as affordable housing. He
stated the applicant is aware of the flood control
issues along the Arroyo Simi and the flow rates. He
stated his engineers are preparing a report on that
issue.
Dominic Schmidt, a Moorpark resident, stated his
concerns about how close the proposed structures will
be to his property line, the effect on his property
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Moorpark, California Page 4
June 6, 2001
values, and whether his privacy would be compromised.
He stated he and his neighbors would like to see
Fremont Street restored to residents only traffic with
no through traffic. He questioned how the neighborhood
would be affected by parking area lighting, by noise
and crime, and how drainage in the area will be
addressed with additional housing. He stated his
concerns about walls being erected and how power lines
will be located.
Mayor Hunter explained to Mr. Schmidt how the
application process works before the City Council and
stated that this is the beginning of the project
planning process.
Mr. Loftus suggested that the City Council might
consider addressing the issue of approving concurrent
processing of the General Plan Amendment and the
application for the project.
Mayor Hunter closed the public hearing.
Councilmember Wozniak stated his support for
concurrent processing and the concerns of the
residents. He stated he wants to get to the crux of
concerns early in the process.
Mr. Kueny stated that concurrent processing should
include the development agreement.
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to approve staff recommended
action, including concurrent processing of development
project and General Plan Amendment /Zone Change
applications, and including a Development Agreement. The
motion carried by voice vote 4 -0, Councilmember Millhouse
absent.
AT THIS POINT in the meeting, Councilmember Millhouse returned
to the dais. The time was 7:25 p.m.
B. Consider Final Review and Chances to the Encineer's
Report for Assessment District 01 -1 [Wilshire Builders
- Tract 52011 and the Adoption of a Resolution
Confirming the Assessment Amounts for Fiscal Year
2001/02. Staff Recommendation: 1) Open the public
hearing, receive testimony and close the public
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Moorpark, California Page 5
June 6, 2001
hearing; 2) Approve the Engineer's Report for AD01 -1
for FY 2001/02, with no changes from the report
approved by City Council Resolution No. 2001 -1837; and
3) Adopt Resolution No. 2001 -1846 confirming the
assessments for AD01 -1 for FY 2001/02.
Mr. Gilbert gave the staff report.
Mayor Hunter opened the public hearing, there being no
one wishing to speak, Mayor Hunter closed the public
hearing.
MOTION: Councilmember Mikos moved and Councilmember Harper
seconded a motion to: 1) Approve the Engineer's Report for
AD01 -1 for FY 2001/02, with no changes from the report
approved by City Council Resolution No. 2001 -1837; and 2)
Adopt Resolution No. 2001 -1846 confirming the assessments
for AD01 -1 for FY 2001/02. The motion carried by unanimous
voice vote.
C. Consider Final Review and Changes to the Engineer's
Report for Assessment District 01 -2 [Toll Brothers -
Tentative Tract 49281 and the Adoption of a Resolution
Confirming the Assessment Amounts for Fiscal Year
2001/02. Staff Recommendation: 1) Open the public
hearing, receive testimony and close the public hearing;
2) Approve the Engineer's Report for AD01 -2 for FY
2001/02, with no changes from the report approved by
City Council Resolution No. 2001 -1824; and 3) Adopt
Resolution No. 2001 -1847 confirming the assessments for
AD01 -2 for FY 2001/02.
Mr. Gilbert gave the staff report.
Mayor Hunter opened the public hearing, there being no
one wishing to speak, Mayor Hunter closed the public
hearing.
MOTION: Councilmember Harper moved and Councilmember Wozniak
seconded a motion to: 1) Approve the Engineer's Report for
AD01 -2 for FY 2001/02, with no changes from the report
approved by City Council Resolution No. 2001 -1824; and 2)
Adopt Resolution No. 2001 -1847 confirming the assessments for
AD01 -2 for FY 2001/02. The motion carried by unanimous voice
vote.
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Moorpark, California Page 6 June 6, 2001
D. Consider Resolution No. 2001 -1848 Revising the Fees for
the Gabbert Road - Casey Road Area of Contribution
(Gabbert -Casey AOC). Staff Recommendation: 1) Open the
public hearing on the proposed adjustment to the Gabbert
Road /Casey Road AOC fees, receive all input regarding
said proposed fee increase and close said public
hearing; and 2) Adopt Resolution No. 2001 -1848
increasing the fees for the Gabbert Road /Casey Road AOC
and re- adopting the Spring Road /Tierra Rejada Road AOC
fees.
Mr. Gilbert gave the staff report.
In response to Councilmember Mikos, Mr. Kueny replied
that Toll Brothers, Westpointe Homes, SP -1, and the
smaller project on the Guny property will be subject to
the AOC fees. He further stated that the AB and Edison
properties were exempted.
Mayor Hunter opened the public hearing, there being no
one wishing to speak, Mayor Hunter closed the public
hearing.
MOTION: Councilmember Mikos moved and Councilmember Harper
seconded a motion to adopt Resolution No. 2001 -1848
increasing the fees for the Gabbert Road /Casey Road AOC and
re- adopting the Spring Road /Tierra Rejada Road AOC fees. The
motion carried by unanimous voice vote.
E. Consider Updating the Los Angeles Avenue Area of
Contribution (L. A. Ave. AOC). Staff Recommendation: 1)
Open the public hearing on the proposed adjustment to
the Los Angeles Avenue AOC fees, receive all input
regarding said proposed fee increase and close said
public hearing; and 2) Adopt Resolution No. 2001 -1849
increasing the fees for the Los Angeles Avenue AOC.
Mr. Gilbert gave the staff report.
Mayor Hunter opened the public hearing, there being no
one wishing to speak, Mayor Hunter closed the public
hearing.
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to adopt Resolution No. 2001 -1849
increasing the fees for the Los Angeles Avenue AOC. The
motion carried by unanimous voice vote.
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Moorpark, California Page 7
10. PRESENTATION /ACTION /DISCUSSION:
June 6, 2001
A. Consider Appeal of Decision of the Director of Public
Works Denying an Application from the County of
Ventura for a Street Encroachment Permit to Construct
Modifications to Street Improvements Related to a
Proposed Project by the County to Realign Moorpark
Road. (Continued from May 16, 2001.) Staff
Recommendation: Continue to June 20, 2001.
Mayor Hunter stated that a continuance was requested
and Mr. Kueny confirmed that the County was in
agreement with the continuance.
MOTION: Councilmember Millhouse moved and Councilmember
Harper seconded a motion to continue this item to June 20,
2001. The motion carried by unanimous voice vote.
B. Consider Approval of Resolution No. 2001 -1850,
Approving the Preliminary Assessment Engineer's
Report, the Parks and Recreation Maintenance and
Improvement Assessment District Levy Amount, and
Setting the Date for the Public Hearing for June 20,
2001. Staff Recommendation: Adopt Resolution No. 2001-
1850, approving the preliminary Engineer's Report and
assessment amount contained within, and setting the
public hearing date.
Ms. Lindley gave the staff report.
Councilmember Harper discussed the action taken by a
prior City Council, referenced on stamped page 123, to
limit the amount of CPI. He suggested the current City
Council reexamine the policy and move for recovery of
the full CPI.
In response to Councilmember Mikos, Mr. Kueny stated
that Ms. Lindley could reply to what the history of
the CPI has been over time. Ms. Lindley stated an
adjustment to increase the CPI would require a new
mail ballot.
In response to Councilmember Harper, Ms. Lindley
replied that the 3% CPI amount was established by the
prior ballot.
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Moorpark, California Page 8 June 6, 2001
MOTION: Councilmember Mikos moved and Councilmember Harper
seconded a motion to adopt Resolution No. 2001 -1850,
approving the preliminary Engineer's Report and assessment
amount contained within, and setting the public hearing
date. The motion carried by unanimous voice vote.
C. Consider Caltrans Route 23 Freeway Widening Project.
Staff Recommendation: Provide staff with any
additional information to be included in the project
comment letter to Caltrans, and direct the City
Manager to prepare and transmit said letter.
Mr. Gilbert gave the staff report.
Mr. Gilbert noted two bullet items on stamped page 162
of the agenda report and stated that staff is open to
other suggestions to be mentioned to Caltrans.
Mayor Hunter stated the two bullet items regarding
consideration to prohibit trucks during peak traffic
hours and consideration to restrict lane closures to
non -peak traffic hours were addressed at length at
prior Council meetings.
Councilmember Millhouse reiterated his request for an
additional lane in each direction in light of growth
and the Lost Canyons project being proposed. He
suggested trucks be prohibited on Route 23, southbound
from 7 a.m. to 9 a.m. and northbound from 4 p.m. to 6
p.m. He stated the letter should ask Caltrans to
prohibit trucks of a certain size from 7 a.m. to 8:30
a.m. to reduce the burden in the morning.
Mayor Hunter stated his agreement but questioned
whether 7 a.m. would be early enough. He suggested
6:30 a.m.
Councilmember Harper stated the current problem is the
bottleneck at the State Route 101 bridge at the south
to eastbound direction. Mr. Gilbert stated that adding
a third lane is being considered as well as possibly
re- striping to add more lanes.
Councilmember Mikos stated the biggest problem, which
has not been addressed to date, is the State Routes
101 and 23 interchange. She agreed that re- striping
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June 6, 2001
may be done, but then there will be no shoulders on
the roadway.
CONSENSUS: By consensus, the City Council directed staff to
prepare a project comment letter to Caltrans and to include
a request for additional lanes, prohibition of trucks
during peak traffic time, while construction is occurring,
and restricting lane closures to off -peak traffic hours.
D. Consider Establishing a Summer Beach Bus Pilot Program
Providing Public Transportation from Moorpark to Zuma
State Beach. Staff Recommendation: 1) Approve the
summer Beach Bus as a pilot program, authorizing the
City Manager to make final approval of the most
qualified proposal and execute an Agreement with the
successful bidder, and 2) Direct staff to make the
necessary adjustment within the Transit Fund (TDA
Article 8c) revenue for the proposed FY 2001 -02
budget, not to exceed $10,000.
Mr. Brand gave the staff report.
In response to Mayor Hunter, Mr. Brand replied that
the program would begin Tuesday, June 19, and conclude
on Thursday, August 23, for a total of 10 weeks. He
stated the bus service would depart from four
locations including Arroyo Vista Recreation Center,
Peach Hill Park, City Hall, and Griffin Park to Zuma
Beach. He stated the bus holds 84 passengers, with
storage, and the fare would $1 each way, collected by
the driver. He stated the last drop off would be at
Arroyo Vista at 5 p.m.
Councilmember Harper stated the beach bus program is a
great idea. He stated he would like to see a voucher
program for those families that have special financial
needs.
Mayor Hunter stated that the City should advertise to
get the word out before school is out, by using the
City's website and Channel 10.
Councilmember Mikos
program and stated
helpful in getting
program.
congratulated staff on a great
that the Teen Council can also be
the word out about the beach bus
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Moorpark, California Page 10 June 6, 2001
MOTION: Councilmember Millhouse moved and Councilmember
Harper seconded a motion to: 1) Approve the Summer Beach
Bus as a pilot program, authorizing the City Manager to
make final approval of the most qualified proposal and
execute an Agreement with the successful bidder; 2) Direct
staff to make the necessary adjustment within the Transit
Fund (TDA Article 8c) revenue for the proposed FY 2001 -02
budget, not to exceed $10,000; 3) include a provision for a
needs -based voucher program for low income families; and 4)
direct staff to advertise on the City's website, Channel 10
and through the Moorpark Unified School District.
E. Consider Request to Provide $15,000 Loan for Country
Days to "High Street Events A Nonprofit Corporation ".
Staff Recommendation: 1) Accept a promissory note from
High Street Events (HSE) in exchange for a $15,000
loan, with no interest, from the City's General Fund
Reserve, due and payable on December 31, 2002, and 2)
authorize an agreement between the City and HSE, with
both documents subject to final language approval of
the City Manager and City Attorney. (ROLL CALL VOTE
REQUIRED)
Ms. Chudoba gave the staff report.
Councilmember Millhouse expressed his concerns about
the total amount of money requested to be expended. He
inquired about the seed money for the first year's
program.
Debra Ryono, a Moorpark resident, and Scott Green, a
Moorpark resident, spoke on behalf of the organizers
of the event, High Street Events (HSE). Ms. Ryono
stated that their goal is that HSE will get enough
money from sponsorships so they will not need to use
the City's money. She stated HSE would rather ask the
City for the loan now, rather than wait any longer to
get started on the event planning.
In response to Councilmember Millhouse, Ms. Ryono
replied that in the past the Chamber of Commerce
always paid the up front costs, so she was not aware
of the actual start up cost.
In response to Councilmember Millhouse, Ms. Ryono
stated that since it is the first time HSE is putting
on the event, they requested the 18 -month repayment
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Moorpark, California Page 11
June 6, 2001
schedule to allow them to have sufficient time to
repay the loan in a timely manner.
In response to Mayor Hunter, Ms. Chudoba explained
that HSE requested language to allow them the ability
to approach the City regarding renegotiating the terms
of the loan repayment schedule if they did not receive
adequate proceeds from the Country Days event.
In response to Councilmember Mikos, Ms. Chudoba stated
the City would request a surety bond to help ensure
repayment of the loan. Councilmember Mikos stated a
bond is a good idea, and she would want a bond to be
part of the agreement. Ms. Chudoba stated a bond is a
safeguard rather than a guarantee of repayment.
Mr. Kueny stated that in this case a surety bond is
more of an honesty type of bond, and that there is no
way to collect on a bond from a non - profit
organization with no assets, money, or resources. He
stated that one way to ensure payment would be to
require repayment of the net proceeds, and leave HSE
sufficient seed money for next year's event. He stated
$5,000 should be enough to pay the initial bills and
get additional sponsorships. He stated there is some
risk on the City's part as other factors such as
inclement weather could cause the event to be
cancelled.
Councilmember Wozniak stated his certainty that the
event would be a success because the people involved
have been a part of Country Days for many years. He
stated that based on the other Councilmember's
concerns and since the City is making a financial
commitment, that someone from the City Council should
be part of the HSE Board to be able to report back
about what is going on.
Mr. Kueny stated that Councilmember Wozniak's concerns
could be addressed in an agreement. Mr. Kueny stated
he would not suggest a Councilmember have a voting
position on the non - profit organization's Board.
Councilmember Harper stated the $15,000 amount
requested is a modest amount when considered in the
overall context of how much staff time would be needed
to handle an event of Country Days' size. He stated
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Moorpark, California Page 12 June 6, 2001
the repayment period is reasonable, and he supports
the request. He stated he does not think the bond
requirement is necessary since the Country Days /HSE
Committee has a good track record. He stated he
supports the staff recommendation.
Mayor Hunter read the names of the current HSE Board
members from the agenda report. In response to Mayor
Hunter, Mr. Green replied that HSE had not had any
success recruiting additional board members to date.
Councilmember Millhouse stated that his concern is the
$15,000 amount, which is in excess of the budget. He
stated his agreement to fund the event for the first
year and then look at it again with regard to
repayment or future funding by the City. He stated his
reluctance to fund the entire amount and stated he
would be more comfortable with a lesser amount.
Ms. Ryono stated in clarification that the donation
from the Moorpark Star would be free advertising, not
a cash donation.
Mr. Green stated that HSE, as a non - profit
organization has no assets and potential creditors are
not likely to extend credit to HSE without the City's
backing.
Councilmember Harper stated
investment based on those
the HSE organization for
the Country Days event. l
support the project.
that the $15,000 is a good
involved, and he applauds
willingness to undertake
s stated the City should
Mayor Hunter stated he is sympathetic to Councilmember
Millhouse's and Councilmember Wozniak's concerns about
how best to protect the City's investment and be
responsible to the taxpayers.
Mr. Kueny stated the City Council might want to
consider decreasing the amount of the loan to the
estimated amount of HSE's budget of $12,500. He stated
the City Council may want to compromise and take
partial repayment after the first year depending on
the success of the event, leaving HSE $5,000 for seed
money and having the balance of the proceeds paid to
the City.
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Councilmember Mikos stated that she wants to continue
to allow for flexibility to work with HSE in any way
possible.
MOTION: Mayor Hunter moved and Councilmember Harper
seconded a motion to: 1) Authorize an agreement between the
City and HSE, with both documents subject to final language
approval of the City Manager and City Attorney, and 2) to
sign a Promissory Note for a loan in the amount of $12,500,
payable in the amount of $6,250 on December 1, 2001, and
$6,250 on December 1, 2002, unless otherwise negotiated
with the City. The motion carried by unanimous roll call
vote.
F. Consider Resolution No. 2001- Revising the Amount
of the Appropriation and Budget for Traffic Signal
Maintenance [Gas Tax Fund 2605, Division 1810, Object
92531 to Install Battery Backup Systems and LED
Conversion (Phase 3, Amber) at City- Maintained Traffic
Signals. Staff Recommendation: 1) Adopt Resolution No.
2001- and 2) Direct staff to pursue efforts to
expedite battery backup units for all Caltrans signals
in the City.
Mr. Mathews gave the staff report.
Mr. Mathews noted a change to the staff recommendation
to read: 1) Direct staff to include funding in the
2001 -2002 budget for battery backup systems and amber
lights for City- maintained traffic signals, and 2)
direct staff to pursue efforts to expedite battery
backup units for all Caltrans signals in the City.
Councilmember Harper stated his agreement with the
change in staff recommendation to place a line item in
the budget rather than adopt a resolution.
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to approve the staff
recommendation as modified to: 1) Direct staff to include
funding in the 2001 -2002 budget for battery backup systems
and amber lights for City - maintained traffic signals, and
2) direct staff to pursue efforts to expedite battery
backup units for all Caltrans signals in the City. The
motion carried by unanimous voice vote.
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11. CONSENT CALENDAR:
MOTION: Councilmember Wozniak moved and Councilmember Harper
seconded a motion to approve the Consent Calendar. The motion
carried by unanimous roll call vote.
A. Consider Approval of Minutes of Regular Meeting of
February 21, 2001.
Consider Approval of Minutes of Regular Meeting of
March 7, 2001.
Consider Approval of Minutes of Regular Meeting of
March 21, 2001.
Consider Approval of Minutes of Regular Meeting of
April 18, 2001.
Staff Recommendation: Approve minutes as processed.
B. Consider Approval of Warrant Register -June 6, 2001.
Manual Warrants 105764 - 105769 & $ 79,650.82
105874 - 105887 &
105899 - 105904
voided Warrants
103193
& 103367 &
$ (3,645.14)
104886
& 105587
(Pentamation additional 105875 & 105897
& 105898
remittance copies)
Payroll Liability
105888
- 105896
$ 14,978.70
Warrants
Regular Warrants
105908
- 106064
$762,244.72
Staff Recommendation: Approve the Warrant Register.
C. Consider Thousand Oaks Cab Company Subsidized Taxi
Paratransit Service Agreement. Staff Recommendation:
Approve the continuation of the subsidized taxi
service with Thousand Oaks Cab Company, and authorize
the City Manager to finalize and execute the three -
year Agreement.
D. Consider Approval of a Resolution Authorizing the
Destruction of Certain Records. Staff Recommendation:
Adopt Resolution No. 2001 -1851.
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June 6, 2001
E. Consider Rejection Of Claim: Asplundh Tree Expert Co.
Staff Recommendation: Reject the claim and direct
staff to send a standard rejection letter to the
claimant.
F. Consider Rejection Of Claim: Heirs of Sergio Mendoza,
et al. Staff Recommendation: Reject the claim and
direct staff to send a standard rejection letter to
the claimant.
G. Consider Resolution No. 2001 -1852 Establishing
Holidays to be Observed by the City and Rescinding
Resolution No. 85 -182. Staff Recommendation: Adopt
Resolution No. 2001 -1852.
H. Consider Resolution No. 2001 -1853 Establishing a
Hardship Assistance Program for Mobilehome Tenants and
Rescinding Resolution No. 2000 -1695 and Resolution No.
2001 -1835. Staff Recommendation: Adopt Resolution No.
2001 -1853.
I. Consider Resolution No. 2001 -1854 Approving the State -
Local Transportation Partnership Program Supplemental
Agreement No. 006. Staff Recommendation: Adopt
Resolution No. 2001 -1854.
J. Consider Budget Amendment for the Design of Backu
Power System for Arroyo Vista Recreation Center. Staff
Recommendation: 1) Adopt Resolution No. 2001 -1855,
amending the FY 2000/01 Budget by allocating $8,000
from the General Fund Reserve for the design of a
backup power system for the Arroyo Vista Recreation
Center and sewer pump, and 2) authorize the City
Manager to execute an amendment to the City's
Agreement with Lundeen and Associates to perform the
design work. (ROLL CALL VOTE REQUIRED)
K. Consider Resolution in Support of San Nicolas Island
Surface Transportation Facility and Four Additional
C130 -J Aircraft for California Air National Guard,
Channel Islands Station, Port Hueneme. Staff
Recommendation: Adopt Resolution No. 2001 -1856.
L. Consider Resolution Appointing a City Attorney and
Rescinding Resolution No. 84 -108 and Approval of a
Third Addendum to Agreement for City Attorney
Services. Staff Recommendation: 1) Adopt Resolution
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June 6, 2001
No. 2001 -1857, appointing Joseph M. Montes as City
Attorney and rescinding Resolution No. 84 -108, and 2)
Authorize the Mayor to approve the Third Addendum to
the Agreement for City Attorney Services with Burke,
Williams & Sorensen, with final language approval by
the City Manager.
12. ORDINANCES:
A. Consider Re- Introduction of Ordinance No. 271 for
First Reading - -An Ordinance Adopting Zoning Ordinance
Amendment ZOA 2001 -02 to Title 17, Zoning, of the
Municipal Code of the City of Moorpark, by Amending
Chapter 17.44 "Entitlement Process And Procedure" and
Chapter 17.60 "Amendments to this Title ". (Continued
from City Council Meeting of May 16, 2001.) Staff
Recommendation: Introduce Ordinance No. 271 for first
reading.
Mr. Montes read the title of Ordinance No. 271.
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to waive full reading of
Ordinance No. 271. The motion carried by unanimous voice
vote.
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to re- introduce Ordinance No. 271
for first reading and waive full reading. The motion
carried by unanimous voice vote.
13. CLOSED SESSION:
Mr. Kueny announced that the City Council would be going
into closed session for discussion of three cases under
Item 13.B. and Items 13.C., 13.F., 13.H., 13.I., 13.J., and
13.K. on the agenda.
MOTION: Councilmember Harper moved and Councilmember Millhouse
seconded a motion to adjourn to closed session for a discussion
of three cases under Item 13.B. and Items 13.C., 13.F., 13.H.,
13.I., 13.J., and 13.K. on the agenda. The motion carried by
unanimous voice vote. The time was 8:20 p.m.
Minutes of the City Council
Moorpark, California Page 17
June 6, 2001
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c)
of Section 54956.9 of the Government Code: (Number of
cases to be discussed - 4)
C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
The Environmental Coalition of Ventura County vs. City
of Moorpark and City Council of the City of Moorpark
(Case No. SCO21825)
F. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
Hidden Creek Ranch, LP, a California Limited
Partnership and Messenger Investment Company, Inc., a
California Corporation vs. The City of Moorpark and
City Council of the City of Moorpark (Case No.
SCO23388)
H. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: (APN 511 -0- 050 -175)
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: The City of Moorpark and In Young
Kim
Under Negotiation: Price and terms of payment
Property: (APN 512 -0 -150 -765)
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: The City of Moorpark and Louis L.
Borick
Under Negotiation: Price and terms of payment
I. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: Assistant City Manager, Assistant to City
Manager /City Clerk, City Manager, City Attorney, City
Engineer, Chief of Police, Director of Administrative
Services, Director of Community Development, Director
of Community Services, and Director of Public Works
J. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Government Code Section 54957.6)
Agency Designated Representative: Steven Kueny
Employee Organization: Service Employees International
Union, AFL -CIO, CLC, Local 998
Minutes of the City Council
Moorpark, California Page 18 June 6, 2001
K. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Government Code Section 54957.6)
Agency Designated Representative: Steven Kueny
Unrepresented employees: Assistant City Manager,
Director of Administrative Services, ATOM /City Clerk,
Director of Community Development, Director of
Community Services, Director of Public Works,
Finance /Accounting Manager, Planning Manager,
Principal Planner, Recreation Superintendent, and
Senior Management Analyst
Present in closed session were Councilmembers Mikos,
Harper, Millhouse and Wozniak and Mayor Hunter; Steven
Kueny, City Manager; Joseph Montes, City Attorney; Hugh
Riley, Assistant City Manager; Wayne Loftus, Director of
Community Development; and Deborah Traffenstedt, Assistant
to City Manager /City Clerk.
Mr. Loftus left the meeting at 9:08 p.m. Mr. Montes, Mr.
Riley, and Ms. Traffenstedt left the meeting at 9:18 p.m.
The Council reconvened into open session at 9:35 p.m. Mr.
Kueny announced that three cases under Item 13.B. and Items
13.C., 13.F., 13.H., 13.I., 13.J., and 13.K. were discussed
and that there was no action to report.
14. ADJOURNMENT:
Mayor Hunter adjourned the meeting in honor of the memory
of the D -Day veterans. The time was 9:35 p.m.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
MINUTES OF THE CITY COUNCIL
Moorpark, California September 19, 2001
A Special Meeting of the City Council of the City of Moorpark
was held on September 19, 2001, in the Community Center of said
City located at 799 Moorpark Avenue, Moorpark, California.
1. CALLTO ORDER:
Mayor Pro Tem Harper called the meeting to order at 6:05
p.m.
2. ROLL CALL:
Present: Councilmembers Mikos, Millhouse, Wozniak,
and Mayor Pro Tem Harper
Absent: Mayor Hunter
Staff Present: Steven Kueny, City Manager; Joseph Montes,
City Attorney; Ken Gilbert, Director of
Public Works; Wayne Loftus, Director of
Community Development and Deborah
Traffenstedt, Assistant to City Manager /City
Clerk
3. PUBLIC COMMENT:
None.
4. PRESENTATION /ACTION /DISCUSSION:
A. Consider Withdrawing Applications to Local Agency
Formation Commission (LAFCO) for Hidden Creek Ranch
Amendment to the Sphere of Influence for the City of
Moorpark (Specific Plan No. 8) and Hidden Creek Ranch
Reorganization (LAFCO Applications 01 -26S and 01 -26) .
Staff Recommendation: Direct staff to send a letter to
the LAFCO Executive Officer withdrawing the LAFCO
applications 01 -26S (Sphere of Influence) and 01 -26
(Reorganization).
MOTION: Councilmember Mikos moved and Councilmember
Millhouse seconded a motion to direct staff to send a letter
to the LAFCO Executive Officer withdrawing the LAFCO
applications 01 -26S (Sphere of Influence) and 01 -26
Minutes of the City Council
Moorpark, California Page 2 September 19, 2001
(Reorganization). The motion carried by voice vote 4 -0,
Mayor Hunter absent.
5. CONSENT CALENDAR:
A. Consider Three Resolutions [Resolutions A, B & C]
Rescinding Resolution Nos. 91 -818 and 2000 -1697 and
Revising or Establishing New Parking Restrictions on Los
Angeles Avenue, New Los Angeles Avenue, Moorpark Avenue,
Park Crest Lane, Spring Road, High Street and Majestic
Court. Staff Recommendations: 1) Adopt Resolution No.
2001 -1891 [Resolution A] rescinding Resolution Nos. 91-
818 and 2000 -1697, and re- establishing and revising
parking restrictions on Los Angeles Avenue and New Los
Angeles Avenue [State Route 118]; 2) Adopt Resolution
No. 2001 -1892 [Resolution B] re- establishing certain
parking restrictions on High Street, Spring Road, and
Majestic Court, previously set forth in rescinded
Resolution No. 91 -818; and 3) Adopt Resolution No. 2001-
1893 [Resolution C] establishing revised parking
restrictions on Moorpark Avenue south of Los Angeles
Avenue and on Park Crest Lane.
MOTION: Councilmember Wozniak moved and Councilmember Millhouse
seconded a motion to: 1), Adopt Resolution No. 2001 -1891
[Resolution A] rescinding Resolution Nos. 91 -818 and 2000 -1697,
and re- establishing and revising parking restrictions on Los
Angeles Avenue and New Los Angeles Avenue [State Route 1181; 2)
Adopt Resolution No. 2001 -1892 [Resolution B] re- establishing
certain parking restrictions on High Street, Spring Road, and
Majestic Court, previously set forth in rescinded Resolution No.
91 -818; and 3) Adopt Resolution No. 2001- 1893 [Resolution C]
establishing revised parking restrictions on Moorpark Avenue south
of Los Angeles Avenue and on Park Crest Lane. The motion carried
by voice vote 4 -0, Mayor Hunter absent.
6. CLOSED SESSION:
Mr. Kueny announced that one case under Item 6.A., one case
under Item 6.B., and Items 6.C. and 6.F. would be discussed
in closed session.
Mr. Montes announced that for the one case under Item 6.A.,
the facts and circumstances creating significant exposure
to litigation consist of an appeal of denial of application
for encroachment permit, Moorpark Road Realignment (County
Minutes of the City Council
Moorpark, California Page 3 September 19, 2001
Project No. 50221), filed by the County of Ventura Public
Works Agency on March 19, 2001.
MOTION: Councilmember Mikos moved and Councilmember Wozniak
seconded a motion to adjourn to closed session for a discussion
of one case under Item 6.A., one case under Item 6.B., and Items
6.C. and 6.F. The motion carried by voice vote 4 -0, Mayor Hunter
absent. The time was 6:08 p.m.
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to
Subdivision (b) of Section 54956.9 of the Government
Code: (Number of cases to be discussed - 4)
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c)
of Section 54956.9 of the Government Code: (Number of
cases to be discussed - 4)
C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
The Environmental Coalition of Ventura County vs. City
of Moorpark and City Council of the City of Moorpark
(Case No. SCO21825)
F. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
Hidden Creek Ranch, LP, a California Limited
Partnership and Messenger Investment Company, Inc., a
California Corporation vs. The City of Moorpark and
City Council of the City of Moorpark (Case No.
SCO23388)
Present in closed session
Millhouse, Wozniak, and Mayor
City Manager; Joseph Montes,
Director of Public Works;
Community Development and De
to City Manager /City Clerk.
were Councilmembers Mikos,
Pro Tem Harper; Steven Kueny,
City Attorney; Ken Gilbert,
Wayne Loftus, Director of
!borah Traffenstedt, Assistant
The Council reconvened into open session at 6:30 p.m. Mr.
Kueny stated that one case under Item 6.A., one case under
Item 6.B., and Items 6.C. and 6.F. were discussed in closed
session and that there was no action to report.
U�� 0 �F.:
Minutes of the City Council
Moorpark, California Paqe 4 September 19, 2001
6. ADJOURNMENT:
Mayor Pro Tem Harper adjourned the meeting at 6:30 p.m.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk