Loading...
HomeMy WebLinkAboutAGENDA REPORT 2002 0227 CC SPC ITEM 11AMINUTES OF THE CITY COUNCIL Moorpark, California ITEM 1( . . September 5, 2001 A Regular Meeting of the City Council of the City of Moorpark was held on September 5, 2001 in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 6:55 P.M. 2. INVOCATION: Pastor Errol Hale, Shiloh Community Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Joseph Montes, City Attorney led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Mikos, Millhouse, Harper, 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; Walter Brown, City Engineer; Captain Robert LeMay, Sheriff's Department; John Libiez, Planning Manager; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and La -Dell VanDeren, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: A. Certificate of Recognition for Mike Chilton. Mayor Hunter introduced Mike Chilton and presented him with a Certificate of Recognition. Mayor Hunter also introduced Battalion Chief Dave Chovanec of the Ventura County Fire Department, who introduced Captain Breuklander, Engineer Jesseman, and Firefighters Macklin and Weisenberg, who were present at the fire where Mr. Chilton rescued his two neighbors. Chief Chovanec presented a Certificate of Recognition to Mr. Chilton on behalf of the Ventura County Fire Department. Minutes of the City Council Moorpark, California Page 2 September 5, 2001 Mr. Chilton thanked the City Council and the Fire Department for their recognition. He introduced Elly Wilhelm, who thanked the Fire Department and Mr. Chilton. B. Certificate of Recognition for Kurt Fasmer. Mayor Hunter introduced Kurt Fasmer and presented him with a Certificate of Recognition for rescuing a young boy from drowning while on vacation in Hawaii. 6. PUBLIC COMMENT: Daniel Gruff, a Moorpark resident, discussed the letters from himself and his neighbors and pictures he submitted for City Council review regarding steel posts blocking the gate and recreational vehicle (RV) access at his property. He stated his concerns that the four -foot high steel posts were put in place without his permission. George Paniagua, a Moorpark resident and neighbor of Mr. Gruff, spoke about the lack of RV access at his property and asked why the access to his property was cut off by the installation of steel posts. Councilmember Millhouse discussed the comments and their concerns about their properties, as Rolling Knoll and the landscaping required. HE Transportation and Streets Committee convene problem and recognize the issues that the facing. He stated the posts are an eyesore. of the speakers they back up to asked that the to analyze the homeowners are Bonnie Kaufman, a Moorpark resident, stated she moved to her current Moorpark residence specifically to have and use the RV access. She expressed her concerns about not being able to use the RV access now. Julie Roman, a Moorpark resident, requested permission for a curb cut at her residence. She stated she has a problem with parking in front of her home, which is across the street from Flory School. She stated she is requesting the curb cut so she can put in a driveway, since she often cannot park in front of her home. She stated City staff would not give her a permit, because she does not have a two -car garage. She requested the Council's assistance. Mayor Hunter asked Ms. Roman to leave the pictures she brought with the City Clerk. Mayor Hunter asked Mr. Kueny to have Q0098c; Minutes of the City Council Moorpark, California Page 3 September 5, 2001 staff help Ms. Roman with her problem and to provide a box item on the status of the issue to the Council. Margarita Herrera - Riley, 498 White Swan, Simi Valley, spoke on behalf of the Ventura County Arts Council and discussed several upcoming activities during the Celebration of the Arts. She discussed events to occur during California Arts Day on October 11, 2001. She stated the Moorpark Symphony Orchestra would present a day of free music for families. She requested the City's assistance with distribution of flyers to help get the word out. Mayor Hunter asked Ms. Riley to provide a copy of her flyer to the City Clerk. Janelle Huff, 1601 Carmen Drive, #215, Camarillo, President of the Economic Development Collaborative of Ventura County (EDC- VC), spoke on behalf of her organization and thanked staff and the City Council for their support in assisting with the EDC- VC's efforts. She discussed the varied services that the agency provides to the regional economy in the county. She gave an update of what the agency is doing in the areas of business assistance loan programs for local business and various business enhancement services which are available. In response to Mayor Hunter, Ms. Huff advised she can be contacted at (805) 384 -1800, extension 24. She also noted that EDC -VC's annual meeting will be in January, 2002. Gerald Goldstein, a Moorpark resident, discussed the awards to the heroic firemen. He also commented on landscaping questions regarding posts inserted in certain locations and spoke about fire department training exercises that occurred recently. Kristen Bruner, a Moorpark resident, discussed her concerns about the proposal for the Los Angeles Avenue retail center and low -end retailers in the center. She stated she would rather see the center be a destination point rather than see it compete with other local business. She stated this is a good opportunity for the City to capitalize on the gateway location of the center. Mayor Hunter stated and Councilmember Harper agreed that the Transportation and Streets Committee should be convened to analyze the access problems facing the residents whose properties back up to Rolling Knoll. 000617 Minutes of the City Council Moorpark, California Page 4 September 5, 2001 In response to Councilmember Harper, Mr. Kueny replied that there are no curb cuts, but there are gates at the rear of the properties. He stated when the tract was approved, the access rights were dedicated to the county (now city) . He stated currently there is no legal access to the street from the rear or side yards of the properties. He stated the residents are gaining access by going over the curb. He stated the question is can it be made to work and are there are other locations in the city where it exists. He agreed with the idea of looking at the issue at the Committee level and then bringing back a recommendation to the Council. Mayor Hunter asked that the speakers, and those who have written letters and expressed interest in this issue, be notified when the Transportation and Streets Committee will meet. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Mikos requested that Item ll.D. be pulled for individual consideration. Ms. Traffenstedt requested that Item ll.M., and Item ll.T. be pulled for individual consideration. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Hunter requested that the City Council adjourn the meeting in memory of Los Angeles Sheriff's Deputy Hagop "Jake" Kuredjian, who was killed in the line of duty on August 31, 2001. Mayor Hunter made other announcements regarding teen activities, the Arroyo Cleanup Day, and Free Landfill Day for Moorpark residents. Councilmember Millhouse requested a parks status report on the next council meeting agenda. Councilmember Harper requested a status report, under Presentation /Action /Discussion on the Hidden Creek Ranch Project on the September 19th City Council meeting agenda. In response to Councilmember Millhouse, Mr. Loftus replied that with regard to the extension of the wireless facilities moratorium, the only carrier that has contacted the City and offered to participate in the process has been Sprint PCS. He stated he has not been contacted by anyone from AT &T Wireless 000088 Minutes of the City Council Moorpark, California Page 5 September 5, 2001 since the date of the hearing to extend the moratorium which was on August 29, 2001. Councilmember Millhouse asked Ms. Lindley to provide a status report at the either the September 19th or October 3rd City Council meeting on parks construction and capital projects. 9. PUBLIC HEARINGS: None. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider County of Ventura's Moorpark Road Realignment Project. (Continued from August 1, 2001). Staff Recommendation: Direct staff as deemed appropriate. Mr. Gilbert gave the staff report. Mr. Gilbert referred to stamped page 5, which shows the original County design. He stated the County has agreed to amend their design and the other option would facilitate what has been discussed with regard to through traffic through the intersection. He stated the best design is on stamped page 12, proposed by the County, and which is the original design amended to show striping, traffic signals and would prevent through traffic. In response to Mayor Hunter, Mr. Gilbert replied that both exhibits on stamped page 5 and stamped page 12 are County designs. In response to Councilmember Harper, Mr. Gilbert stated that with regard to the stamped page 7 exhibit, a cut made through the raised median is not a safe design and it would allow traffic to go through. In response to Councilmember Harper, Mr. Gilbert replied that the flaw on the exhibit on stamped page 8, is that it could cost a couple of hundred thousand dollars, and the right of way would need to be reconstructed. He also stated the design on page 8 would require a lot of modification and is not considered to be economically feasible. Councilmember Harper stated his concern with the County design is that it may be confusing to someone approaching the intersection. Mr. Gilbert stated that it is a 0v () ' ()�9 Minutes of the City Council Moorpark, California Page 6 September 5, 2001 possibility and there is always a risk. He stated the best design is on stamped page 5, which is what city staff and the County recommend and which will move traffic efficiently and effectively. In response to Mayor Hunter, Mr. Gilbert replied that on stamped page 8, the objective of the wider width of the physical barriers is to have the two left turn movements offset enough so drivers are discouraged from going through the intersection. Councilmember Mikos suggested that for the design on stamped page 7, to keep the "worm design ", but have a cut away for the left turn that has an angle through the barrier. She stated the only other way to accomplish what the Council wants would be to use the design on stamped page 5 and put a barrier on Miller Parkway where it meets Tierra Rejada Road on the northbound traffic side, to prevent traffic turning onto Miller Parkway from Tierra Rejada Road. In response to Councilmember Millhouse, Mr. Gilbert stated that in regard to the design on stamped page 12 and to address the concerns of the area homeowners, that it is a good idea to stripe the north and south turn lanes and /or have Bots dots included to help guide traffic in those turning movements. Butch Britt, Director of Transportation, County of Ventura, 800 S. Victoria Avenue, Ventura advised he had no presentation and was available to answer questions. In response to Councilmember Millhouse, Mr. Britt replied that Bots dots and striping could be added to the turn lanes in the design on stamped page 12. In response to Councilmember Mikos, Councilmember Millhouse replied that he was suggesting Bots dots and striping for the design on stamped page 12, which is a better drawn design than the one on stamped page 5. In response to Councilmember Mikos, Mr. Gilbert replied that as noted on stamped page 4, paragraph 5 of the staff report, if the design on stamped page 12 is selected, which prohibits through traffic, it will be designed without the third lane. If, in the future, the Council decides on striping, signage and signal changes and if 0000090 Minutes of the City Council Moorpark, California Page 7 September 5, 2001 through traffic is allowed, there will not be a right - turn lane for southbound Miller Parkway. In response to Mayor Hunter, Mr. Gilbert replied that on stamped page 12, the crosshatched area is striped. Mr. Gilbert stated that it is possible to raise the physical barriers and combine them on each side of the intersection. Mayor Hunter stated he would like to have the small barrier moved and make it an extension of the solid physical barrier on the south and north leg. Mr. Gilbert stated that all of Mayor Hunter's suggestions are possible refinements of the design. Mr. Kueny stated the design as drawn, would not allow the extension of a solid median north to the south, because there is a raised median directly north of the painted triangular section to the south leg. In response to Mayor Hunter, Mr. Gilbert stated if the design is to widen the southeast corner to allow for right turns to the east that allows the island to be flared. He stated raised islands are a refinement of this design instead of just striping and the County may agree to put the money from the right turn lane into raised islands and additional right of way. Mayor Hunter suggested in order to accomplish the objective, go back to the design on stamped page 12, leave the north leg intact and bring a triangular raised median from the northern terminus to further encourage a northbound to eastbound turn which makes it impossible to go straight. Councilmember Harper suggested to resolve the issue by taking the triangular raised island on Exhibit 4, stamped page 8, and putting it with the design on stamped page 12. Mr. Kueny stated to clarify the Mayor's suggestion is that the two right -turn lanes on Moorpark Road be moved to the east sufficiently enough at Tierra Rejada Road to keep traffic from going straight on Miller Parkway. He stated the design of the south leg should be left to the engineers; however, moving the lanes to the east allows the raised median to become a physical barrier. Mayor Hunter stated that to maintain the objective of the Council and to maintain an aesthetically pleasing design, Minutes of the City Council Moorpark, California Page 8 September 5, 2001 using the design on stamped page 12, the eastbound and westbound lanes are unchanged, the north leg is unchanged, and the south leg would incorporate a physical barrier shown as a raised barrier on the north leg. In response to Councilmember Millhouse, Mr. Britt stated his understanding of Mayor Hunter's proposal and asked that the City Engineer stamp the revised plans and design changes. Mayor Hunter stated he wanted this item back at the next Council meeting for a report from the City Engineer as to the feasibility of this design as revised. Mr. Britt stated the County needs the City Engineer to stamp the plans. He also stated that the County would ask the Council to toll the statue of limitations on any potential legal action on the encroachment permit. Mr. Kueny stated that would require the plans come back for Council approval. Councilmember Harper stated he wants a document in the Council's packet regarding the City's exposure to any future litigation that might occur and language that the County will pay some portion of the improvements. He also stated he wants the City's opposition to the entire plan fully documented. Mr. Kueny discussed that the County was willing to pay some portion of the costs and that $70,000 for the right - turn lane would be saved and would help cover some additional costs for the revised design. Councilmember Millhouse discussed the history of County approval and the limited power and authority of the City pertaining to opposition or approval of construction of the roadway. He also discussed his concerns with the County's design of the roadway and why the City had asked for the input from the residents that will be affected by the new roadway. Mayor Hunter stated that a similar argument could be made for Miller Parkway as is made with regard to truck traffic on Highway 118. The roadway is not built to sustain that level of traffic. Councilmember Harper stated his preference to deny the County's encroachment permit request. 00003^0 Minutes of the City Council Moorpark, California Page 9 September 5, 2001 Councilmember Millhouse stated that if the permit is not approved on some level and the County takes the matter to court, they will prevail and will then build the intersection as they want it rather than with the City's input. In response to Councilmember Harper, Mr. Montes replied that the issue of modification of the intersection would hinge on right of way and cost issues. In response to Councilmember Millhouse. Mr. Montes replied that the County can link the new roadway to Tierra Rejada Road, because the traveling public at large has a right, which is greater than the rights of City residents. In response to Mayor Hunter, Mr. Britt stated his agreement that the County could accommodate the two -week period for review of the suggested modifications to stamped page 12. CONSENSUS: By consensus, the City Council directed staff to bring back the final revised design concept at the City Council meeting of September 19, 2001. B. Consider Revisions to Mobilehome Rehabilitation Loan Program. Staff Recommendation: Modify City's Mobilehome Rehabilitation Loan Program Guidelines as follows: 1) Incorporate credit history and mortgage history standards from Housing and Community Development (HCD) Rehabilitation Loan Underwriting requirements; 2) Increase loan term to 15 years, both for 0% deferred loans (for Very Low Income households) and for 30 amortizing loans (for Low Income households) ; 3) Lien position to be no lower than 2nd position, in order of recording, unless HCD loan or combined HCD /City loan has already been made to borrower, in which case City loan position may be in no lower position than 3rd, behind an HCD loan or combined HCD /City loan in 2nd position; 4) Increase maximum loan -to -value for all liens (including anticipated loans of HCD funds and City Housing Trust funds) to 700 of current appraised value; and 5) Increase maximum City loan amount to $10,000, and maximum total loan amount to $20,000, of combined HCD and City funds. Ms. Burns gave the staff report. 000093 Minutes of the City Council Moorpark, California Page 10 September 5, 2001 In response to Councilmember Harper, Ms. Burns explained with regard to the 15 -year amortization period for older units, typically other cities are not interested in recouping the costs. She stated that the loans referred to in this report would be at Villa del Arroyo Mobilehome Park, where some of the repairs needed would be the same as in a conventional home; however, some of the repairs are unique to mobilehomes. In response to Councilmember Millhouse, Ms. Burns stated the program is not restrictive with the 700 loan to value ratio, because most of the mobilehomes are owned free and clear. She stated there is currently one application that does have a mortgage. She stated that allowing a refund to be in second position will not restrict one or two percent of the loans that the City would do. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to Modify City's Mobilehome Rehabilitation Loan Program Guidelines as follows: 1) Incorporate credit history and mortgage history standards from Housing and Community Development (HCD) Rehabilitation Loan Underwriting requirements; 2) Increase loan term to 15 years, both for 0% deferred loans (for Very Low Income households) and for 3% amortizing loans (for Low Income households); 3) Lien position to be no lower than 2nd position, in order of recording, unless HCD loan or combined HCD /City loan has already been made to borrower, in which case City loan position may be in no lower position than 3rd, behind an HCD loan or combined HCD /City loan in 2nd position; 4) Increase maximum loan -to -value for all liens (including anticipated loans of HCD funds and City Housing Trust funds) to 70% of current appraised value; and 5) Increase maximum City loan amount to $10,000, and maximum total loan amount to $20,000, of combined HCD and City funds. The motion carried by unanimous voice vote. C. Consider Adopting a Resolution of Necessity to Acquire Fee Title by Eminent Domain Certain Vacant Real Property Owned by Louis L. Borick located at the Terminus of Fitch Avenue in the City of Moorpark. Staff Recommendation: 1) Make the findings of public necessity as described in the staff report; and 2) adopt Resolution No. 2001 -1879. Mr. Riley gave the staff report. Mr. Riley pointed out a wording error in the resolution and corrected it to read construction of a corporation yard not construction of a fire station. 00009 4 Minutes of the City Council Moorpark, California Page 11 September 5, 2001 MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to: 1) make the findings of public necessity as described in the staff report; and 2) adopt Resolution No. 2001 -1879, as amended. The motion carried by unanimous voice vote. D. Consider Report of Annual Development Agreement Review, Established in Connection with 43.32 Acres of Land Located West of Gabbert Road, North of the Westerly Extension of Poindexter Avenue (A -B Properties and Southern California Edison Company). Staff Recommendation: 1) Accept the Director of Community Development's Report and recommendation that, on the basis of substantial evidence, A -B Properties and Southern California Edison Company have complied in good faith with the terms and conditions of the agreement; and 2) Deem the annual review process complete for the Southern California Edison Company's Development Agreement and for A -B Properties' Development Agreement contingent upon receipt of the outstanding entitlement processing balance by September 30, 2001. Mr. Loftus gave the staff report. In response to Mayor Hunter, Mr. Loftus replied that both applicants had been contacted and had advised him that they were unable to attend this meeting, and they are both in agreement with the staff recommendation. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to: 1) Accept the Director of Community Development's Report and recommendation that, on the basis of substantial evidence, A -B Properties and Southern California Edison Company have complied in good faith with the terms and conditions of the agreement; and 2) Deem the annual review process complete for the Southern California Edison Company's Development Agreement and for A -B Properties' Development Agreement contingent upon receipt of the outstanding entitlement processing balance by September 30, 2001. The motion carried by unanimous voice vote. E. Consider Authorizing the City Manager to Sign an Amendment to the Revised Agreement with the Planning and Consulting Firm of Cotton /Bridges /Associates, Inc. (previously Cotton /Beland /Associates) for the Update of the Housing Element of the General Plan. Staff Recommendation: Authorize the City Manager to sign the Amendment to the Revised Agreement for professional ®00 -095 Minutes of the City Council Moorpark, California Page 12 September 5, 2001 services with Cotton /Bridges /Associates, Inc. (previously known as Cotton /Beland /Associates) to complete the update to the Housing Element of the General Plan. Mr. Loftus gave the staff report. In response to Mayor Hunter, Mr. Loftus replied that there is money in the budget for this item. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to authorize the City Manager to sign the Amendment to the Revised Agreement for professional services with Cotton /Bridges /Associates, Inc. (previously known as Cotton /Beland /Associates) to complete the update to the Housing Element of the General Plan. The motion carried by unanimous voice vote. F. Consider Approval of a Professional Services Agreement between the City of Moorpark and Professional Design Associates for Landscape Review and Inspection Services. Staff Recommendation: Approve the Professional Services Agreement between the City of Moorpark and Professional Design Associates, subject to final language approval of the City Manager and City Attorney, and authorize the City Manager to sign the agreement. Mr. Loftus gave the staff report. In response to Councilmember Harper, Mr. Loftus replied that Professional Design Associates does not have an in- house arborist; however, one is on call and the charge for an arborist and /or a landscape person is at the flat rate. Councilmember Mikos stated she has a problem with some of the tree selections in the City. She suggested the City place more emphasis on using California native plants. Mr. Loftus stated that the representative from Professional Design Associates would respond about their expertise with regard to the California native plant species. In response to Councilmember Mikos, Jeremy Laurentowski, representative of Professional Design Associates, 2139 Tapo Street, #213, Simi Valley, stated that Moorpark uses the Ventura County guidelines for the trees planted in the City. He stated his agreement with use of the California native species of trees in the City of 0190096 Minutes of the City Council Moorpark, California Page 13 September 5, 2001 Moorpark and suggested the City have a manual with a plant palette for the selection of native trees and plants. In response to Councilmember Mikos, Mr. Loftus stated that many cities have their own guidelines; however, every city is different and as a city matures and becomes more attuned to its aesthetic needs, they tend to make their own guidelines. In response to Councilmember Mikos, Mr. Loftus clarified that if the Council has a goal to use different types of trees, this item does not address that issue, it addresses only a contract for landscape services. In response to Councilmember Harper, Mr. Laurentowski stated he did not have any cost estimates readily available with regard to doing a comprehensive review of the City's plant types. Mr. Kueny suggested that the Council take the action on this item and bring back the landscape guidelines item on a later agenda. He stated if there is a nominal cost for the comprehensive review of the City's plant types, it can be brought back for direction to staff or an allocation of funds if needed. MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded a motion to approve the Professional Services Agreement between the City of Moorpark and Professional Design Associates, subject to final language approval of the City Manager and City Attorney, and authorize the City Manager to sign the agreement and to bring back a future agenda item regarding cost estimates for preparation of city landscape guidelines. The motion carried by unanimous voice vote. 11. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to approve the Consent Calendar, with the exception of Item 11.D, Item 11.M., and Item 11.T. which were pulled for individual consideration. The motion carried by unanimous roll call vote. 0000 'el Minutes of the City Council Moorpark, California Page 14 September 5, 2001 A. Consider Approval of Minutes of Regular Meeting of May 2 nnni Consider Approval of Minutes of Regular Meeting of Ma 16, 2001. Consider Approval of Minutes of Special Meeting of August 1, 2001. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register for the 2000 -2001 Fiscal Year - August 15, 2001. 106620 - 106627 & Voided Warrant 106433 $ (47.77) Regular Warrants 106631 - 106649 & $ 6,552.19 106650 - 106779 - 106789 $153,457.17 Staff Recommendation: Approve the warrant register. Consider Approval of Warrant Register for the 2001 -2002 Fiscal Year - August 15, 2001. Manual Warrants 106612 - 106619 $ 33,490.81 Voided Warrant 106615 $ - 0 - Payroll Liability 106620 - 106627 & $ 16,910.35 Warrants 106747 - 106755 $ 18,174.94 Regular Warrants 106650 - 106746 & $ 22,806.43 106756 - 106778 $1,199,997.63 Staff Recommendation: Approve the warrant register. Consider Approval of Warrant Register for the 2000 -2001 Fiscal Year - September 5, 2001. Voided Warrant 106448 $(2,500.00) Regular Warrants 106795 - 106802 & $ 3,246.18 106927 - 106936 $40,712.94 Staff Recommendation: Approve the warrant register. 00009's Minutes of the City Council Moorpark, California Page 15 September 5, 2001 Consider Approval of Warrant Register for the 2001 -2002 Fiscal Year - September 5, 2001. Manual Warrants 106628 - 106630 & $ 899,253.00 106791 - 106794 & $ 2,797.92 106916 - 106919 $ 758,788.29 Voided Warrants 106588 & 106629 & $(751,676.00) 106762 & 106771 Payroll Liability 106790 & $ 34.68 Warrants 106920 - 106926 $ 13,429.50 Regular Warrants 106803 - 106915 & $ 27,670.96 106937 - 107009 $ 194,695.62 Staff Recommendation: Approve the warrant register. C. Consider the General Plan Annual Report, Including Housing Element Progress Report from Year 2000. (Continued from City Council Meeting of July 18, 2001) Staff Recommendation: Receive and file the attached revised report. E. Consider Resolution Appointing Officers of the City to the California Joint Powers Insurance Authority Board of Directors and Committees and Rescinding Resolution No. 89 -594. Staff Recommendation: Adopt Resolution No. 2001- 1880. F. Consider Acceptance of Storm Drain Easement at Arrovo Vista Community Park, from the Southern California Edison Company [SCE]. Staff Recommendation: Authorize the City Clerk to sign the Certificate of Acceptance for the subject Easement Deed. G. Consider Notice of Completion for the 2000 Slurry Seal Project. Staff Recommendation: 1) Adopt Resolution No. 2001 -1881 approving an amendment to the FY 2000/2001 Budget by revising the appropriation and budget for the subject project as follows: General Fund [Fund 1000]: $8,575 increase; and 2) Accept the work as completed. [ROLL CALL VOTE REQUIRED] H. Consider Notice of Completion for the Widening of Los Angeles Avenue East of Leta Yancy Road. Staff Recommendation: Accept the work as completed. 0e ,0099 Minutes of the City Council Moorpark, California Page 16 September 5, 2001 I. Consider Conceptual Design for the Los Angeles Avenue /Beltramo Ranch Road Widening Project. Staff Recommendation: Approve the conceptual design and authorize staff to proceed with right of way acquisition. J. Consider Resolution Amending the Salary Plan for Competitive Service, Non - Competitive Service, and Hourly Employees and Rescinding Resolution No. 2001 -1861 and Consider Resolution Amending the Classification Plan and Rescinding Resolution No. 1843. Staff Recommendation: 1) Adopt Salary Plan Resolution No. 2001 -1882, and 2) Adopt Classification Plan Resolution No. 2001 -1883. K. Consider Approval of Resolution Adopting a Revised Benefit Program for Management Employees and Rescinding Resolution No. 2001 -1863. Staff Recommendation: Adopt Resolution No. 2001 -1884. L. Consider Rejection Of Claim: Westfield Farms, Inc., and /or Nishiden, Inc. Staff Recommendation: Reject the claim and direct staff to send a standard rejection letter to the claimant. N. Consider FY 2001/2002 Budget Amendment for Past Electrical Use at Arroyo Vista Community Park. Staff Recommendation: Adopt Resolution No. 2001 -1885, amending the FY 2001/2002 budget to appropriate $24,829 from the General Fund Reserve Balance to the Community Services Park Budget to pay for previously unbilled electrical use at AVCP. (ROLL CALL VOTE REQUIRED) 0. Consider Budget Amendment for Landscape Improvements on Miller Parkway, AD 84 -2, Zone 12. Staff Recommendation: Adopt Resolution No. 2001 -1886, amending the FY 2001/2002 budget by transferring $25,000 from the Landscape and Lighting Assessment District fund balance reserve to the Community Services Department landscape maintenance expenditure budget to perform landscape improvements on Miller Parkway. (ROLL CALL VOTE REQUIRED) P. Consider Approval of Disposal of Surplus Computer and Related Equipment. Staff Recommendation: Adopt Resolution No. 2001 -1887 declaring computer and related equipment as surplus. (ROLL CALL VOTE REQUIRED) Q. Consider Approval of Plans and Authorization to Advertise for the Los Angeles Avenue Median Landscaping Project [Project 8025] and the Tierra Rejada Road Parkway Project 00011 410 Minutes of the City Council Moorpark, California Page 17 September 5, 2001 [Project 8019]. Staff Recommendation: 1) Approve the project plans and specifications for purposes set forth in Section F. of the agenda report; and 2) authorize staff to advertise for receipt of bids for construction. R. Consider Acceptance of Grant Deed for Lots 4 and D, Special Devices Business Park, Tract 5004 in Accordance with the Development Agreement between the City of Moorpark and Special Devices, Inc. Staff Recommendation: Accept the grant deed for Lots 4 and D, Amended Map of Tract Map No. 5004. S. Consider Amendment to Five -Year Memorandum of Agreement (MOA) with Service Employees International Union AFL -CIO, CLC Local 998. Staff Recommendation: Authorize the City Manager to approve the final language and sign the revised MOA ending June 30, 2004, on behalf of the City. The following items were pulled for individual consideration. D. Consider Proposed Priorities, Goals and Objectives for Fiscal Year 2001/2002. (Continued from August 1, 2001) Staff Recommendation: Approve Fiscal Year 2001/2002 Mission Statement, Priorities, Goals and Objectives. Councilmember Mikos stated she pulled this item to get clarification on some points. She discussed Goal No. 4 regarding Los Angeles Avenue and New Los Angeles Avenue. She stated Goal No. 4 does not address keeping the right - of -way acquisition for upgrade of construction of the project for East Los Angeles Avenue. She stated she would like to see that upgrade project as a priority. In response to Mayor Hunter, Councilmember Mikos stated that this item was discussed at the Transportation and Streets Committee and that she was under the impression that the right -of -way acquisition was ongoing. Mayor Hunter stated that while the right -of -way acquisition is a priority, he is not ready to include it in the top ten priority list. Councilmember Wozniak stated his agreement that the top ten objectives should remain. He stated the right -of -way acquisition is still on the list of goals and objectives, it is just not part of the top ten priority objectives. Minutes of the City Council Moorpark, California Page 18 September 5, 2001 Councilmember Harper stated that he although he drives East Los Angeles Avenue frequently, he does not think it should be included in the top ten priority objectives. In response to Councilmember Mikos, Mr. Gilbert replied right -of -way acquisition has not been started yet. He stated that they are working on the design, which should be completed next month and the legal description should be completed within the following month. In response to Councilmember Mikos, Mr. Gilbert stated the fact that the right -of -way acquisition is not in the top ten will not impede it happening in a timely manner. He stated he is in the process of working on several right of way projects with the use of a consultant. Mr. Kueny stated that the issue is whether the property owners are willing to accept the City's offers or if the City will have to go through the eminent domain process. He stated the Los Angeles Avenue project is a bit different, because of the ownership, and priority will be given to the New Los Angeles Avenue corridor project. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to approve Fiscal Year 2001/2002 Mission Statement, Priorities, Goals and Objectives. The motion carried by unanimous voice vote. M. Consider Adoption of Resolutions Approving Future Applications for Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 Funds. Staff Recommendation: Adopt Resolution No. 2001 -1888 and Resolution No. 2001 -1889 approving future Proposition 12 (Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000) grant applications (Roberti- ZIBerg- Harris Funds and Block Grant I and II Funds). Ms. Lindley stated the need for a correction to the resolution regarding the grant name of Roberti- Z'Berg Harris Funds. In response to Councilmember Mikos, Ms Lindley replied that there is still a possibility that the City could qualify for some of the competitive grant funds, which are usually awarded to low - income communities. 000102 Minutes of the City Council Moorpark, California Page 19 September 5, 2001 MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to Adopt Resolution No. 2001 -1888 and Resolution No. 2001 -1889, as amended, approving future Proposition 12 (Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000) grant applications (Roberti - Z'Berg- Harris Funds and Block Grant I and II Funds). The motion carried by unanimous voice vote. T. Consider Resolution Amending Personnel Rules and Regulations for the Positions in the Competitive Service and Rescinding Resolution No. 99 -1632. Staff Recommendation: Adopt Resolution No. 2001 -1890. Ms. Traffenstedt explained this item was pulled by staff to change the staff recommendation to ask that the resolution be adopted as amended subject to final language approval by the City Manager and legal counsel regarding leave related language. Mr. Kueny stated that he and the legal counsel are coordinating the Family Medical Leave Act (FMLA) language as it relates to benefits that will be paid to employees availing themselves of that leave. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to adopt Resolution No. 2001 -1890, as amended, Amending Personnel Rules and Regulations for the Positions in the Competitive Service and Rescinding Resolution No. 99 -1632. The motion carried by unanimous voice vote. 12. ORDINANCES: None. 13. CLOSED SESSION: Mr. Kueny announced that the City Council would be going into closed session for discussion of Item 13.A. (one case) , and Items 13.C., and 13.F., on the agenda. Mr. Montes announced that for the one case under Item 13.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 Project No. 50221), filed by the County of Ventura Public Works Agency on March 19, 2001. ®00-103 Minutes of the City Council Moorpark, California Page 20 September 5, 2001 MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adjourn to closed session for a discussion of Item 13.A. (one case), and Items 13.C., and 13.F. on the agenda. The motion carried by unanimous voice vote. The time was 9:05 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) 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) AT THIS POINT in the meeting, Mayor Hunter read a Proclamation adjourning the City Council meeting in honor of Los Angeles County Sheriff's Deputy Hagop "Jake" Kuredjian. The Council reconvened into closed session at 9:15 p.m. Present in closed session were all Councilmembers; Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Wayne Loftus, Director of Community Development; Ken Gilbert, Director of Public Works; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened into open session at 10:14 p.m. Mr. Riley, Mr. Loftus, and Mr. Gilbert left the meeting at this time. Ms. Traffenstedt made an announcement that the Council would be discussing Item 13.I. in closed session. The Council then adjourned to closed session for a discussion of Item 13.I. 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. 0 4010 10 4 Minutes of the City Council Moorpark, California Page 21 September 5, 2001 The Council reconvened into open session at 10:35 p.m. Mr. Kueny stated that Item 13.A. (one case), and Items 13.C., 13.F., and 13.I. were discussed and that there was no action to report. 14. ADJOURNMENT: Mayor Hunter adjourned the meeting at 10:35 p.m. in honor of Los Angeles County Sheriff's Deputy Hagop "Jake" Kuredjian. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk 00010.5