HomeMy WebLinkAboutAGENDA REPORT 2005 0504 CC REG ITEM 10ACITY OF MOORPARK, CALIFORNIA ITEM
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City Council Meeting
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MINUTES OF THE CITY COUNCIL
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-Moorpark, California November 3, 2004
A Regular Meeting of the City Council of the City of Moorpark
was held on November 3, 2004, 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 7:17 p.m.
2. PLEDGE OF ALLEGIANCE:
Taylor Fernandez, Teen Council Chair, led the Pledge of
Allegiance.
3. ROLL CALL:
Present: Councilmembers Harper, Mikos, Millhouse,
Parvin, and Mayor Hunter.
Staff Present: Steven Kueny, City Manager; Joseph Montes,
City Attorney; Hugh Riley, Assistant City
Manager; Kenneth Gilbert, Public Works
Director; Mary Lindley, Community Services
Director; Barry Hogan, Community Development
Director; Cynthia Borchard, Administrative
Services Director; Brad Miller, City
Engineer; Captain Richard Diaz, Sheriff's
Department; John Brand, Senior Management
Analyst; Deborah Traffenstedt, Assistant to
City Manager /City Clerk; and Blanca Garza,
Deputy City Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
None.
5. PUBLIC COMMENT:
Bruce Thomas, candidate for City Council, congratulated
Councilmembers Mikos and Millhouse on their successful re-
election.
Taylor Fernandez, Teen Council Chair, spoke about teen
service to the community; and introduced Allyson Rueckert,
Vice - Chair. Ms. Rueckert introduced the remaining members
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Minutes of the City Council
Moorpark, California Paqe 2 November 3, 2004
of the Teen Council, Aryan Aziz, Brianna Corzine, Paul
Jafar, Kellen Moore, Roxana Moradi, Hilary Pemberton, and
Greg Smith; and stated Kelsey Butzer and Jon Lamberson were
unable to attend.
AT THIS POINT in the meeting, the City Council recessed to
convene a meeting of the Moorpark Redevelopment Agency. The time
was 7:22 p.m. The City Council meeting reconvened at 7:23 p.m.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Councilmember Parvin announced the Moorpark Rotary Club's
presentation of Grant vs. Lee. on Saturday, November 6, and
Sunday, November 7, 2004.
Mayor Hunter announced City Hall and Arroyo Vista
Recreational Center will be closed Thursday, November 11th,
in honor of Veteran's Day. He also announced the Moorpark
Active Adult Center Annual Holiday Arts and Crafts Boutique
on Friday, November 5th.
8. PUBLIC HEARING:
None.
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider the Draft 2004 Conqestion Management Plan
(CMP) . (continued from October 20, 2004) Staff
Recommendation: Accept staff comments on the Draft
2004 CMP Plan for submittal to the Ventura County
Transportation Commission.
Ms. Lindley gave the staff report.
Councilmember Millhouse gave a presentation providing
an overview of the Draft 2004 Congestion Management
Plan including the technology to be installed to
mitigate congestion.
In response to Mayor Hunter, Ms. Traffenstedt stated
there were no speakers.
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Minutes of the City Council
Moorpark, California Page 3 November 3, 2004
A discussion followed among the Councilmembers and
they concurred to request the following changes:
• On stamped page 15 of the agenda report, seventh
bullet down, reword the section pertaining to
proposed new interchanges on State Route 118 at
Alamos Canyon and Moorpark College to indicate
these would only be needed if potential new
developments are approved;
• Eliminate the words "bypass" on stamped page 16
of the agenda report, third bullet down for the
Princeton Avenue exit;
• Place a caveat on support for widening State
Route 118 in both directions only if there is
some mitigation to the truck traffic through the
city of Moorpark;
• Add a sound wall as one of the mitigations for
truck traffic through Moorpark;
• Make service standardizations between counties a
priority;
CONSENSUS: It was the consensus of the Council to accept
staff comments on the Draft 2004 CMP Plan for submittal to
the Ventura County Transportation Commission, as amended to
include the additional changes as requested by Council.
B. Consider an Update on Expansion Activities at the Port
of Hueneme. (continued from October 6, 2004) Staff
Recommendation: Direct staff as deemed appropriate.
(Staff: Barry Hogan)
Mr. Hogan indicated there was no staff report; and
staff would like direction from Council.
Jarrod Degonia, representing Supervisor Judy Mikels
and the Regional Defense Partnership 21st Century
(RPT -21) provided a brief history on the expansion
activities at the Port of Hueneme and the lack of
communication by the Port Authority to cities and the
Navy.
Councilmember Harper recommended a letter be sent to
the Navy indicating if the negotiations begin between
the Port Authority and the Navy regarding the
expansion, the city of Moorpark wants to go on record
as having grave reservations to expansion due to the
resulting increase in truck traffic and the lack of
inclusion in any discussions.
Minutes of the City Council
Moorpark, California Page 4 November 3, 2004
Councilmember Harper requested a future agenda item on
the governance of the Port, its relationship to the
Oxnard Harbor District, and what the City's options
are for getting involved in governance.
CONSENSUS: It was the consensus of Council to direct staff
to send a letter to the Navy conveying the City's
reservations on port expansion and request an agenda item
on port governance for the December 1, 2004, City Council
meeting.
C. Consider Procurement of Two Transit Buses. Staff
Recommendation: Authorize staff to initiate
procurement of two new buses not to exceed $400,000,
using the State Department of General Services
contract with Creative Bus Sales, and including a
supplemental inspection services agreement with an
independent contractor, subject to final language
approval by the City Manager.
Mr. Brand gave the staff report.
In response to Mayor Hunter, Ms. Traffenstedt stated
there were no speakers.
MOTION: Councilmember Parvin moved and Councilmember
Harper seconded a motion to authorize staff to initiate
procurement of two new buses not to exceed $400,000, using
the State Department of General Services contract with
Creative Bus Sales, and including a supplemental inspection
services agreement with an independent contractor, subject
to final language approval by the City Manager. The motion
carried by unanimous voice vote.
D. Consider Award of Contract Totaling $762,276 for
Design of the City Hall /Civic Center to GKK
Corporation. Staff Recommendation: Award a contract
to GKK Corporation in the amount of $762,276 for the
Design of the City Hall /Civic Center, and authorize
the City Manager to execute said contract, subject to
final language approval by the City Manager and the
City Attorney.
Mr. Riley gave the staff report.
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Minutes of the City Council
Moorpark, California Page 5 November 3, 2004
Kevin Henrion, architect for GKK /DLR Corporation, 156
South Fair Oaks, Pasadena, stated they are in
concurrence with the Agreement.
Councilmember Parvin requested a correction on stamped
page 49 of the agenda report in Item 13. to change
"terns" to "terms ".
Councilmember Harper requested on stamped page 56 of
the agenda report under Phase 1 - Space Needs Study
Update, that the Council also be consulted on the
space needs.
MOTION: Councilmember Mikos moved and Councilmember Parvin
seconded a motion to award a contract to GKK Corporation in
the amount of $762,276 for the design of the City
Hall /Civic Center, and authorize the City Manager to
execute said contract, subject to final language approval
by the City Manager and the City Attorney. The motion
carried by unanimous roll call vote.
10. CONSENT CALENDAR:
MOTION: Councilmember Harper moved and Councilmember Parvin
seconded a motion to approve the Consent Calendar. The motion
carried by unanimous roll call vote.
A. Consider Approval of Minutes of the Regular Meeting of
Julv 21, 2004.
Staff Recommendation: Approve the minutes.
B. Consider Approval of Warrant Register for Fiscal Year
2004 -2005 - November 3, 2004.
Manual Warrants
Voided Warrant
Payroll Liability
Warrants
117569 - 117570
117571 - 117575
$ 21,712.32
1 11
$ 1,856.03
Regular Warrants 117576 - 117681 $ 53,769.17
117682 - 117700 $ 269,446.42
Staff Recommendation: Approve the warrant register.
000993
Minutes of the City Council
Moorpark, California Page 6 November 3, 2004
C. Consider a Cooperative Agreement with the State
Department of Health Services and Agencies Applying
Pesticides for Public Health Purposes. Staff
Recommendation: Approve the cooperative agreement and
authorize Mayor to execute the Agreement on behalf of
the City.
D. Consider Amendment to Purchase and Sale Agreement with
Moondance- Moorpark L.P. Staff Recommendation:
Approve Amendment to Purchase and Sale Agreement,
subject to approval by City Manager and City Attorney.
E. Consider Resolution Supporting Legislation Requiring
Notice Prior to Filing Legal Action for Violations of
the Americans with Disabilities Act. Staff
Recommendation: Adopt Resolution No. 2004 -2258.
F. Consider Resolution Fixing the Employer's Contribution
Under the Public Employees' Medical and Hospital Act
for Eligible Competitive Service and Non-Competitive
Service /Management Employees and Annuitants and
Amending Resolution No. 97 -1326, and Resolution Fixing
the Employer's Contribution Under the Act for Active
(Sitting) City Councilmembers. Staff Recommendation:
Adopt Resolution No. 2004 -2259 and Resolution No.
2004 -2260, subject to final language approval by the
City Manager.
G. Consider Permit Adjustment No. 2004 -15 for Minor
Changes to Lot Configuration within Tract No. 5187
(William Lyon Homes). Staff Recommendation: Direct
staff to prepare a letter approving Permit Adjustment
No. 2004 -15 as requested for Vesting Tentative Tract
No. 5187.
H. Consider Permit Adjustment No. 2004 -16 for Minor
Changes to Lot Configuration and Pad Elevation
Deviation within Vesting Tentative Tract No. 5130
(SunCal Properties). Staff Recommendation: Direct
staff to prepare a letter approving Permit Adjustment
No. 2004 -16 as requested for Vesting Tentative Tract
No. 5130.
0C),09�11
Minutes of the City Council
Moorpark, California Page 7 November 3. 2004
11. ORDINANCES:
A. Consider Ordinance No. 309, An Ordinance of the Cit
Council of the City of Moorpark Amending Chapter 2.36,
Planning Commission, of Title 2, Administration and
Personnel of the Moorpark Municipal Code. Staff
Recommendation: Declare Ordinance No. 309 read for
the second time and adopted as read.
Mr. Montes read the title of Ordinance No. 309.
MOTION: Councilmember Harper moved and Councilmember
Parvin seconded a motion to waive further reading, declare
Ordinance No. 309 read for the second time, and adopted as
read. The motion carried by unanimous voice vote.
12. CLOSED SESSION:
Mr. Kueny requested that the City Council go into closed
session for discussion of one case under Item 12.B. and
Items 12.C, 12.E, and 12.F.
MOTION: Councilmember Harper moved and Councilmember Parvin
seconded a motion to adjourn to closed session for a discussion
of one case under Item 12.B. and Items 12.C, 12.E, and 12.F on
the agenda. The motion carried by unanimous voice vote. The
time was 8:50 p.m.
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
(Pursuant to Subdivision (a) of Section 54956.9 of the
Government Code)
The Committee to Preserve Historic High Street, an
unincorporated association, and Cynthia Hollister vs.
City of Moorpark and Moorpark City Council (Case No.
SC037584)
E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: APN 500 -0- 391 -115, County of Ventura
City Negotiator: Steven Kueny, City Manager
0001095
Minutes of the City Council
Moorpark, California Page 8 November 3, 2004
Negotiating Parties: The City of Moorpark and Conejo
Valley Unified School District
Under Negotiation: Price and terms of payment
F. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: APN 512 -0 -091 -080 and APN 512 -0- 091 -100
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: The City of Moorpark and Janss
IV Recreation, Inc. (Theater on High /Larry Janss)
Under Negotiation: Price and terms of payment
Present in closed session were Councilmembers Harper,
Mikos, Millhouse, Parvin and Mayor Hunter; Steven Kueny,
City Manager; Joseph Montes, City Attorney; Hugh Riley,
Assistant City Manager; Barry Hogan, Community Development
Director; and Deborah Traffenstedt, Assistant to City
Manager /City Clerk.
The Council reconvened into open session at 9:38 p.m. Mr.
Kueny stated one case under Item 12.B. and Items 12.C,
12.E. and 12.F. were discussed and there was no action to
report.
13. ADJOURNMENT:
Mayor Hunter adjourned the meeting at 9:38 p.m.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
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MINUTES OF THE CITY COUNCIL
Moorpark, California November 17, 2004
A Regular Meeting of the City Council of the City of Moorpark
was held on November 17, 2004, 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 7:21 p.m.
2. PLEDGE OF ALLEGIANCE:
Captain Richard Diaz, Sheriff's Department, led the Pledge
of Allegiance.
3. ROLL CALL:
Present: Councilmembers Harper, Mikos, Millhouse,
Parvin, and Mayor Hunter.
Staff Present: Steven Kueny, City Manager; Joseph Montes,
City Attorney; Hugh Riley, Assistant City
Manager; Kenneth Gilbert, Public Works
Director; Mary Lindley, Community Services
Director; Barry Hogan, Community Development
Director; Cynthia Borchard, Administrative
Services Director; Brad Miller, City
Engineer; Captain Richard Diaz, Sheriff's
Department; David Bobardt, Planning Manager;
John Brand, Senior Management Analyst;
Deborah Traffenstedt, Assistant to City
Manager /City Clerk; and Blanca Garza, Deputy
City Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
A. Recognition of Duplicate Bridge Group Donation to the
Active Adult Center.
Mayor Hunter introduced Gary Comer, member of the
Duplicate Bridge Group who presented the Active Adult
Center with a donation of $2,000.
B. Certificates of Completion for Community Emergency
Response Team Training.
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Minutes of the City Council
Moorpark, California Paqe 2
November 17, 2004
Mayor Hunter introduced Battalion Chief Dave Chovanec
and Captain Gary Smith of the Ventura County Fire
Protection District who spoke about Community
Emergency Response Team Training (CERT). Mayor Hunter
presented certificates of completion to the first
graduates of CERT, Eric Beck, James Carpenter, Kim
Chudoba, Marilyn Gourdeau, Neill Humphrey, Scott Pond,
Darlene Sweet, and Spencer Ross. Ted Lansing was
unable to attend.
C. City Manager's Monthly Report.
Mayor Hunter announced the City Manager's monthly
report would be deferred.
5. PUBLIC COMMENT:
None.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
Staff requested Item 10.F. be removed from the Consent
Calendar.
CONSENSUS: It was the consensus of the Council to remove Item
10.F. from the Consent Calendar.
7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Councilmember Mikos requested the date of the next CERT
training be announced once it is scheduled.
Councilmember Mikos requested a future agenda item for
December 1, 2004, to discuss how to expedite the completion
of the Calleguas Municipal Water District pipeline project
on Los Angeles Avenue. Mayor Hunter requested staff invite
Mr. Kendall from Calleguas to attend the December 1 meeting
to update the Council on the status of the project.
Councilmember Millhouse requested a representative from
Valverde Construct, Inc. also be invited.
Councilmember Parvin complemented the Moorpark Rotary Club
on the success of their Civil War Reenactment of Grant vs.
Lee.
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Minutes of the City Council
Moorpark, California Page 3 November 17, 2004
Mayor Hunter requested a future agenda item for December 1,
2004, regarding the City's street sweeping policy and the
coordination of the process to provide a more efficient
service.
Mayor Hunter announced the Winter Camp Moorpark program
will operate from December 20 to December 30.
Mayor Hunter announced the second annual Hometown Holiday
event and arrival of the Holiday Toy Express for Sunday,
December 5.
8. PUBLIC HEARING:
A. Consider General Plan Amendment No. 2001 -05, Specific
Plan No. 2001 -01, and Zone Change No. 2001 -02 for
1,650 Housing Units on 3,586.3 Acres Located Generally
North of Moorpark College and State Route 118 on Land
Immediately Outside City of Moorpark Municipal
Boundaries, on the Application of North Park Village
LP. (continued from October 20, 2004, with public
hearing open) Staff Recommendation: Continue to take
testimony in the open public hearing, and continue the
agenda item with the public hearing open to January
19, 2005.
Mr. Bobardt gave the staff
Privitt of Bontara
consultants to the City
California Environmental
documentation.
report and introduced Dana
Consulting, environmental
for preparation of the
Quality Act (CEQA)
Ms. Privitt discussed the CEQA requirements.
Mayor Hunter stated the public hearing remains open.
Kim Kilkenny, representing North Park Village, 680
Walnut Street, Moorpark, addressed questions raised at
previous meetings.
Chris Childers spoke in favor of the project citing
the efforts of the developer to satisfy the needs and
concerns of the community.
Susan Nardi spoke in opposition to the project citing
traffic concerns.
Minutes of the City Council
Moorpark, California Paae 4
Harvey Plaks spoke in favor of
generation of additional quality
community due to development.
November 17, 2004
the project citing
services to the
Chad Sourbeer spoke in favor of the project citing
increased emergency response for the community in
regard to the potential new fire station.
Cheri Bohnert spoke in favor of the project citing the
opportunity for wonderful amenities for Moorpark.
Tim Saivar spoke in regard to unresolved issues
including grading impacts to hillsides, traffic, oil
field and lake concerns, and tax implications.
Anthony Banducci spoke in opposition to the project
citing traffic concerns and emphasized Moorpark
citizens' rights to curb urban sprawl as they did
previously when this project was Hidden Creek.
Thomas Duck spoke in opposition to the project citing
the need for affordable housing not million dollar
homes, dangers of uncharted oil wells, amenities that
only benefit North Park, and traffic concerns.
Lisa Leal spoke in favor of the project citing the
developer's accommodations to the community; the
amenities of the project such as the lake, fire
station and the school; and the preservation of open
space.
Debra Ryono spoke in favor of the project due to
public access to the lake and the additional services
the project will generate for the community.
In response to Mayor Hunter, Ms. Traffenstedt stated
there are 11 Written Statement Cards, 7 indicating
they are in favor of the project 3 in opposition and 1
late one in opposition. She stated copies would be
provided to the Council.
In response to Mayor Hunter, Ms. Privitt summarized
the significant effects that are listed in the Draft
Mitigation Monitoring Program and why they are
determined to be significant.
Minutes of the City Council
Moorpark, California Page 5 November 17, 2004
Mr. Kilkenny commented on those areas of significant
impact in the EIR that are not able to be mitigated
and require overriding findings.
MOTION: Councilmember Harper moved and Councilmember
Parvin seconded a motion to continue the agenda item with
the public hearing open, to January 19, 2005. The motion
carried by unanimous voice vote.
AT THIS POINT in the meeting the City Council recessed. The time
was 9:00 p.m. The City Council meeting reconvened at 9:17 p.m.
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider Approval of Plans and Specifications and
Authorization to Advertise for a Project to Construct:
1) Spring Road Median Landscaping North of Second
Street; and 2) Parkway Tree Replacement on the East
Side of Tierra Rejada Road, South of Courtney Lane.
Staff Recommendation: Approve the plans and
specifications for the subject project and authorize
staff to advertise for receipt of bids for
construction of the project.
Mr. Gilbert gave the staff report.
In response to Councilmember Millhc
suggested rather than continue the
adjacent property owners not being
hearing, send out notices now,
implementation of the replacement
time.
)use, Mayor Hunter
item due to the
notified of this
and delay the
for a period of
In response to Mayor Hunter, Ms. Traffenstedt stated
there were no speakers.
MOTION: Councilmember Mikos moved and Councilmember Harper
seconded a motion to delay approval of the plans and
specifications and authorization to advertise for a project
to construct: 1) Spring Road median landscaping, north of
Second Street; 2) Parkway tree replacement on the east side
of Tierra Rejada Road, south of Courtney Lane; and 3)
Authorize staff to advertise for receipt of bids for
construction of the project, until adjacent residents are
notified. The motion carried by unanimous voice vote.
Minutes of the City Council
Moorpark, California Paae 6
November 17, 2004
B. Consider Resolution Updating Solid Waste Collection
Fees. Staff Recommendation: Adopt Resolution No.
2004 -2261, rescinding Resolution No. 2003 -2146 and
approving new year 2005 Solid Waste Collection Fees
effective January 1, 2005.
Mr. Brand gave the staff report.
In response to Mayor Hunter, Mike Smith with Waste
Management /G.I. Industries and Chuck Anderson of
Anderson /Moorpark Rubbish concurred the number of
citizen complaints have declined since the inception
of the automated system, which standardized the level
of service.
In response to Mayor Hunter, Ms. Traffenstedt stated
there were no speakers.
Mr. Brand corrected an error on stamped page 10 of the
agenda report line three to indicate $22.47 rather
than to $22.49 for the City's regular monthly
residential solid waste rate.
MOTION: Councilmember Parvin moved and Councilmember
Harper seconded a motion to adopt Resolution No. 2004 -2261,
rescinding Resolution No. 2003 -2146 and approving new year
2005 Solid Waste Collection Fees effective January 1, 2005.
The motion carried by unanimous voice vote.
C. Consider Resolution Establishing "No Stopping Anytime"
Zones on Park Lane South of Los Angeles Avenue. Staff
Recommendation: Adopt Resolution No. 2004-
Mr. Gilbert gave the staff report.
In response to Councilmember Parvin, Mr. Gilbert
stated the Lutheran Church was notified on Monday
regarding this item on the agenda and had indicated
they intended to come to the meeting to discuss this
issue of allowing Sunday parking.
Mayor Hunter suggested delaying a decision for two
weeks to allow the Church to respond.
In response to Mayor Hunter, Ms. Traffenstedt stated
that there were no speakers.
000-144. 0 A: 1P
Minutes of the City Council
Moorpark, California Page 7 November 17, 2004
MOTION: Councilmember Harper moved to adopt a resolution
establishing "No Stopping Anytime" zones on Park Lane south
of Los Angeles Avenue. The motion died due to lack of a
second.
MOTION: Councilmember Parvin moved and Councilmember
Harper seconded a motion to continue this item to December
1, 2004. The motion carried by unanimous voice vote.
10. CONSENT CALENDAR:
MOTION: Councilmember Parvin moved and Councilmember Mikos
seconded a motion to approve the Consent Calendar with the
exception of Item 10.F. which was removed from the Consent
Calendar. The motion carried by unanimous roll call vote.
A. Consider Approval of Minutes of Regular Meeting of
September 1, 2004.
Consider Approval of Minutes of Special Meeting of
October 20, 2004.
Staff Recommendation: Approve the minutes.
B. Consider Approval of Warrant Register for Fiscal Year
2004 -2005 - November 17, 2004.
Manual Warrants 117701 - 117705 & $ 47,256.79
117711 - 117714 $ 9,760.27
Voided Warrant 117626 & 117712 $ (127.50)
Payroll Liability 117706 - 117710 $ 1,838.78
Warrants
Regular Warrants 117715 - 117783 $ 36,841.92
117784 - 117794 $ 610,180.08
Staff Recommendation: Approve the warrant register.
C. Consider Award of Contract for Demolition of
Structures at 282 Los Angeles Avenue. Staff
Recommendation: Award bid for Demolition Work at 282
Los Angeles Avenue to California Land Clearing, Inc.,
for $8,745.
0
Minutes of the City Council
Moorpark, California Page 8 November 17, 2004
D. Consider Resolution Amending the Fiscal Year 2004/05
Budget for Landscape and Lighting Maintenance
Assessment District Zone 10. Staff Recommendation:
Adopt Resolution No. 2004 -2262, amending the FY
2004/05 budget by appropriating $94,680 for landscape
maintenance in Zone 10 Landscape and Lighting
Maintenance Assessment District from the Zone 10 Fund
Balance. ROLL CALL VOTE REQUIRED
E. Consider a Report on the Work Plan for the Community
Development Block Grant (CDBG) 2005 Consolidated Plan.
Staff Recommendation: Receive and file report.
G. Consider Authorization of Recordation of the Notice of
Completion for the Arroyo Vista Communitv Park Phase
II Project. Staff Recommendation: Authorize the City
Clerk to file the Notice of Completion, release of the
balance of payment thirty -five (35) days after Notice
of Completion records, and release of bonds consistent
with the contract.
The following item was removed from the Consent Calendar:
F. Consider Resolution Amending the Fiscal Year 2004/05
Budget to Fund Fiscal Year 2003/04 Year -End Deficits
in Certain Funds for the City's Landscaping and
Lighting Assessment Districts. Staff Recommendation:
Adopt Resolution No. 2004- ROLL CALL VOTE
REQUIRED
CONSENSUS: It was the consensus of Council to remove this
item from the Consent Calendar.
11. ORDINANCES:
None.
12. CLOSED SESSION:
Mr. Kueny requested that the City Council go into closed
session for one case under Item 12.A, one case under Item
12.B, and for Items 12.C, 12.D, and 12.E. on the agenda.
Mr. Montes announced the facts and circumstances creating
significant exposure to litigation for the one case under
�' �, A
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Minutes of the City Council
Moorpark, California Paae 9
November 17, 2004
Item 12.A. consists of a claim received from Gail Martin,
Jr.; Betinna Martin; and Alyson Martin related to the
Calleguas Municipal Water District project on Los Angeles
Avenue.
MOTION: Councilmember Harper moved and Councilmember Parvin
seconded a motion to adjourn to closed session for a discussion
of one case under Item 12.B, and for Items 12.C, 12.D, and 12.E.
on the agenda. The motion carried by unanimous voice vote. The
time was 9:44 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 REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: APN 500 -0 -391 -115, County of Ventura
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: The City of Moorpark and Conejo
Valley Unified School District
Under Negotiation: Price and terms of payment
D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: APN 512 -0- 091 -080 and APN 512 -0- 091 -100
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: The City of Moorpark and Janss
IV Recreation, Inc. (Theater on High /Larry Janss)
Under Negotiation: Price and terms of payment
E. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Subdivision (b) of Section 54957 of the
Government Code)
Title: Assistant City Manager, Assistant to City
Manager /City Clerk, City Manager, City Attorney, City
Engineer, Chief of Police, Administrative Services
Director, Community Development Director, Community
Services Director, and Public Works Director
Minutes of the City Council
Moorpark, California -Page 10 November 17, 2004
Present in closed session were Councilmembers Harper,
Mikos, Millhouse, Parvin and Mayor Hunter; Steven Kueny,
City Manager; Joseph Montes, City Attorney; Hugh Riley,
Assistant City Manager; and Deborah Traffenstedt, Assistant
to City Manager /City Clerk.
The Council reconvened into open session at 10:20 p.m. Mr.
Kueny stated that 12.A (one case), 12.B, 12.C, 12.D, and
12.E. were discussed and there was no action to report.
13. ADJOURNMENT:
Mayor Hunter adjourned the meeting at 10:20 p.m.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
MINUTES OF THE CITY COUNCIL
Moorpark, California April 20, 2005
A Regular Meeting of the City Council of the City of Moorpark
was held on April 20, 2005, in the Council Chambers of said City
located at 799 Moorpark Avenue, Moorpark, California.
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CALL TO ORDER:
Mayor Pro Tempore Harper called the meeting to order at
7:17 p.m.
PLEDGE OF ALLEGIANCE:
Steven Kueny, City Manager, led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Mikos, Millhouse, Parvin, and
Mayor Pro Tempore Harper.
Absent: Mayor Hunter.
Staff Present: Steven Kueny, City Manager; Joseph Montes,
City Attorney; Hugh Riley, Assistant City
Manager; Mary Lindley, Parks /Recreation and
Community Services Director; Barry Hogan,
Community Development Director; Brad Miller,
City Engineer; Johnny Ea, Finance Director;
Captain Richard Diaz, Sheriff's Department;
David Bobardt, Planning Manager; Deborah
Traffenstedt, Administrative Services
Director /City Clerk; and Maureen Benson,
Deputy City Clerk.
PROCLAMATIONS AND COMMENDATIONS:
A. Proclamation Recognizing the 100th Anniversary of
Moorpark Women's Fortnightly Club.
Mayor Pro Tempore Harper presented Suzy Lesiak, Club
President, with a proclamation recognizing the 100th
Anniversary of the Moorpark Women's Fortnightly Club.
B. Recognition of Anthony Bellasalma by the California
Parks and Recreation Society and the City of Moorpark
for Outstanding Community Service.
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Moorpark, California Paae 2
April 20, 2005
Mayor Pro Tempore Harper and Peggy Rothschild, Active
Adult Center Coordinator, presented Anthony Bellasalma
with an award for Outstanding Community Service from
the California Parks and Recreation Society and the
City of Moorpark.
C. Introduction of New City Employee, Robert Stallings,
Recreation Manager.
Mayor Pro Tempore Harper introduced new City employee,
Robert Stallings, Recreation Manager.
D. Introduction of New City Employee, David Moe,
Redevelopment Manager.
Mayor Pro Tempore Harper introduced new City employee,
David Moe, Redevelopment Manager.
E. City Manager's Monthly Report.
Hugh Riley, Assistant City Manager, gave the monthly
report.
S. PUBLIC COMMENT:
None.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
Councilmember Millhouse requested Items 9.A, 9.C, and the
Consent Calendar be heard after Announcements.
Councilmember Mikos requested Item 10.E. be pulled from the
Consent Calendar for individual consideration.
CONSENSUS: It was the consensus of the Council to hear Items
9.A, 9.C, and the Consent Calendar after Announcements and prior
to Public Hearings.
7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Councilmember Parvin announced the Miss Moorpark and Miss
Teen Moorpark Competition will be held at Moorpark High
School Performing Arts Center on April 23.
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to
April 20, 2005
Councilmember Mikos announced a hike on April 23 at Happy
Camp Canyon Regional Park.
Councilmember Mikos announced the Santa Monica Mountains
Conservancy Acquisition Work Program now includes several
areas in Moorpark.
Councilmember Millhouse announced the American Cancer
Society's "Relay for Life" will be held on April 30 and May
1 at Moorpark College.
Councilmember Millhouse announced the American Diabetes
Association's "Tour to Cure" annual bike ride will be held
on June 4.
Councilmember Millhouse urged citizens to contact the
Moorpark Police Department with any information concerning
the stabbing death of a young teenager in Moorpark.
Mayor Pro Tempore Harper announced April 25 through May 1
is West Nile Virus and Mosquito and Vector Control
Awareness Week.
Mayor Pro Tempore Harper announced a free compost and wood
chip give -away Saturday, May 7 at Arroyo Vista Community
Park.
Mayor Pro Tempore Harper announced a free landfill day for
Moorpark residents Sunday, May 15, at the Simi Valley
Landfill and Recycling Center.
Mayor Pro Tempore Harper announced Moorpark City Transit
Summer Youth Bus Passes will go on sale May 2 at City Hall
and Arroyo Vista Recreation Center.
PRESENTATION /ACTION /DISCUSSION:
A. Consider Claiming Ownership of the Mammoth Fossils
Found on the William Lyon West ointe Project Tracts
5187 and 5405) . Staff Recommendation: Direct staff
to prepare and send a letter to the Los Angeles Museum
of Natural History exercising the City's rights to
ownership of the fossils found in Tract 5187.
Mr. Hogan gave the staff report and introduced Des
Bunting from William Lyon Homes on whose property the
fossils were discovered and Mark Roeder from Paleo
Environmental Services, Inc.
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Moorpark, California Page 4 April 20, 2005
Hugh Riley gave a report on the entities interested in
acquiring the find.
Mr. Roeder gave a presentation explaining the
importance of this very rare find and identified the
fossil remains on display at the meeting.
Mr. Hogan corrected the total curation cost on stamped
page 136 of the agenda report stating the correct
amount should be $5,000 to $10,000 not $70,000 to
$80, 000.
In response to Mayor Pro Tempore Harper, Ms.
Traffenstedt stated there were no speakers.
MOTION: Councilmember Millhouse moved ar
Parvin seconded a motion to direct staff
send a letter to the Los Angeles Museum of
exercising the City's rights to ownership
found in Tract 5187. The motion carried by
Mayor Hunter absent.
id Councilmember
to prepare and
Natural History
of the fossils
voice vote 4 -0,
9. C. Consider Authorizing Use of City Portable Lights for
American Cancer Society' s "Relay for Life 2005"
Scheduled for April 30 and May 1, at Moorpark College
Stadium. Staff Recommendation: Approve use of City
portable lights, subject to insurance and waiver of
liability requirements.
Ms. Traffenstedt gave the staff report.
In response to Mayor Pro Tempore Harper, Ms.
Traffenstedt stated there were no speakers.
MOTION: Councilmember Mikos moved and Councilmember
Millhouse seconded a motion to approve use of City portable
lights, subject to insurance and waiver of liability
requirements. The motion carried by voice vote 4 -0, Mayor
Hunter absent.
Mr. Kueny recommended hearing Item 9.B. at this time.
CONSENSUS: It was the consensus of the Council to hear Item
y.n.
9. B. Consider Approval of an Implementation Plan for
Required Improvements of Tentative Tract No. 5045 on
the Application of Pardee Homes. Staff
Recommendation: Approve the implementation plan for
improvements to Tentative Tract No. 5045, subject to
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Moorpark, California Page 5 April 20, 2005
final language revisions by the City Manager and the
City Attorney.
Mr. Hogan gave the staff report.
In response to Mayor Pro Tempore Harper, Ms.
Traffenstedt stated there were no speakers.
MOTION: Councilmember Millhouse moved and Councilmember
Parvin seconded a motion to approve the implementation plan
for improvements to Tentative Tract No. 5045, subject to
final language revisions by the City Manager and the City
Attorney. The motion carried by voice vote 4 -0, Mayor
Hunter absent.
10. CONSENT CALENDAR:
MOTION: Councilmember Millhouse moved and Councilmember Parvin
seconded a motion to approve the Consent Calendar with the
exception of Item 10.E, which was pulled for individual
consideration. The motion carried by roll call vote 4 -0, Mayor
Hunter absent.
A. Consider Approval of Minutes of Regular Meeting of
March 16, 2005.
Consider Approval of Minutes of Regular Meeting of
April 6, 2005.
Staff Recommendation: Approve the minutes.
B. Consider Approval of Warrant Register for Fiscal Year
2004 -2005 - April 20, 2005.
Manual Warrants 118917 - 118924 & $ 51,854.42
Voided Warrant $ (0.00)
Payroll Liability 118925 - 118929 $ 1,763.50
Warrants
Regular Warrants 118930 - 119049 & $ 57,387.07
119050 - 119069 $ 979,802.96
Staff Recommendation: Approve the warrant register.
C. Consider Proposed Legislative Agenda for Ventura
County Council of Governments. Staff Recommendation:
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April 20, 2005
Approve Legislative Agenda for Ventura County Council
of Governments.
D. Consider Resolution Authorizing Submittal of a Three
Year (2005 -2008) Used Oil Recycling Block Grant
Application to the California Integrated Waste
Management Board. Staff Recommendation: Adopt
Resolution No. 2005 -2315.
F. Consider Resolution Amending the Conflict of Interest
Code of the City of Moorpark and Rescinding Resolution
No. 2004 -2247. Staff Recommendation: Adopt Resolution
No. 2005 -2316.
G. Consider Resolution Amending the Salary Plan for
Competitive Service, Non - Competitive Service, and
Hourly Employees and Rescinding Resolution No. 2005-
2298. Staff Recommendation: Adopt Resolution No.
2005 -2317.
The following item was pulled for individual consideration.
E. Consider 2005 Legislative Pro ram. Staff
Recommendation: Adopt 2005 Legislative Program.
Mr. Riley addressed three changes in the language as
proposed by Mayor Hunter and Councilmember Mikos
including:
• On stamped page 191 of the agenda report, reword
Item 6.A. to read, "Support legislation that
ensures cities receive a proportionate share of
property taxes upon withdrawal from a county
library services district, or any other county
service or district for which property taxes are
received."
• On stamped page 191 of the agenda report add
language to Item 6.F. so it reads, "Oppose
legislation that restricts or weakens a city's
ability to regulate smoking areas, alcoholic
beverage licenses, or adult - oriented business
establishments."
• On stamped page 193 of the agenda report add new
language to Item 8.F. so it reads, "Oppose county
development projects for undeveloped areas in the
city's area of interest that do not conform to
city standards."
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Moorpark, California Page 7 April 20, 2005
In response to Mayor Pro Tempore Harper, Ms.
Traffenstedt stated there were no speakers.
MOTION: Councilmember Millhouse moved and Councilmember
Parvin seconded a motion to adopt the 2005 Legislative
Program, as amended for language in Sections 6.A, 6.F, and
8.F. The motion carried by voice vote 4 -0, Mayor Hunter
absent.
AT THIS POINT in the meeting the Council heard Public Hearings.
8. PUBLIC HEARINGS:
A. Consider Resolutions Continuing Public Hearings
Concerning the Formation of Community Facilities
District No. 2004 -1 (Moorpark Highlands) and Community
Facilities District No. 2004 -2 (Moorpark Vistas) to
May 18, 2005. (continued from March 16, 2005, with
public hearing open) Staff Recommendation: 1)
Continue open public hearing; and 2) Adopt Resolutions
Nos. 2005 -2318 and 2005 -2319 continuing the open
public hearings to May 18, 2005.
Mr. Riley gave the staff report.
Mayor Pro Tempore Harper stated the public hearing
remains open.
In response to Mayor Pro Tempore Harper, Ms.
Traffenstedt stated there were no speaker cards.
MOTION: Councilmember Millhouse moved and Councilmember
Parvin seconded a motion to: 1) Continue open public
hearing; and 2) Adopt Resolutions Nos. 2005 -2318 and 2005-
2319 continuing the open public hearings to May 18, 2005.
The motion carried by voice vote 4 -0, Mayor Hunter absent.
AT THIS POINT in the meeting the Council recessed. The time was
8:06 p.m. The meeting reconvened at 8:17 p.m.
B. Consider General Plan Amendment No. 2001 -05, Specific
Plan No. 2001 -01, and Zone Change No. 2001 -02, for
1,650 Housing Units on 3,586.3 Acres Located Generally
North of Moorpark College and State Route 118 on Land
Immediately Outside City of Moorpark Municipal
Boundaries, Applicant: North Park Village, LP.
(continued from March 16, 2005, with public hearing
open) Staff Recommendation: 1) Continue to take
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Moorpark, California -Page 8 April 20, 2005
testimony and close the public hearing; and 2)
Continue the agenda item public hearing closed to May
4, 2005, to coincide with the consideration of a
Development Agreement.
Mr. Bobardt gave the staff report.
Mayor Pro Tempore Harper stated the public hearing
remains open.
Kim Kilkenny, representing North Park Village, 680
Walnut Street, Moorpark, delivered a letter to Council
requesting a Special Election for September. He spoke
in support of the staff report and staff's
recommendation, and reported on the progress made
during the Development Agreement Ad Hoc Committee
meeting.
Daniel Groff spoke in support of the project citing
the amenities it offers to the community.
Eden Barrera spoke in opposition stating the
projections for completion of the off -ramp are
unrealistic and the developer is under capitalized.
Anthony Banducci spoke in opposition citing increased
traffic congestion and crime, lack of internal
infrastructure, and tax impacts.
Chris Childers spoke in support of the project citing
the benefits of a public lake and another fire
station.
James Roller spoke in opposition to the project citing
the amount of grading, and lack of a Phase II soils
study. He requested the hearing remain open.
Gary Cabriales spoke in support of the project stating
even though impacts will be hard in the beginning,
many issues have been mitigated, and development
brings good things to the community.
John Dyke spoke in support citing past successful
development and the amenities proposed by North Park.
Tim Saivar spoke in opposition citing outstanding
environmental problems, traffic issues, grading, need
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Moorpark, California Page 9 April 20, 2005
for mitigation of oil contamination, and creation of a
lake in an arid environment.
Steve Nardi spoke in opposition citing construction
traffic near his home, the need for enforcement
monitoring, grading, loss of trees, and overcrowding
of schools.
Susan Nardi spoke in opposition citing traffic issues.
AT THIS POINT in the meeting the Council recessed. The time was
9:36 p.m. The meeting reconvened at 9:52 p.m.
Terri Arias spoke in support of the project citing
views, lake, hiking, and another retail center for
Moorpark.
Armando Aguirre spoke in support concurring with Ms.
Arias about the long term benefits of the project.
Ken Rayzor, Little League President, provided a
history of that organization and stated North Park
could provide much needed ball fields.
Scott Green spoke in support of the project.
Rod Menzel spoke in support of the project.
David Bagwell spoke in support of the lake and
project.
Dorothy Ventimiglia spoke in opposition citing
potential slow sales rate of homes, and development on
contaminated land adjacent to a landfill and in a fire
hazard zone. She stated a Special Election has a
lower turn out and North Park should go on the
November General Election ballot.
Virginia Hayward spoke in support of the project on
behalf of the Moorpark Chamber of Commerce citing
additional housing, recreational amenities, increased
City revenues, and new residents' support of local
businesses. She stated if North Park is not approved
the site is zoned by the County for a dump site or a
youth correctional facility.
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April 20, 2005
James Carpenter spoke in support of the project citing
the opportunity for all residents to enjoy the large
recreational area.
Jim Stueck spoke in support of North Park Village
citing good planning by staff, the Planning Commission
and City Council.
Suzanne Wilson expressed concerns that North Park may
not really be providing a baseball complex and spoke
in opposition citing traffic and financial impacts to
the City.
Peter Greer spoke in support of the project as a
positive influence on the community.
Linda Shishino -Cruz spoke in opposition citing
traffic, Valley Fever, excavation on contaminated
soil, and as a losing proposition to the City.
John Shishino -Cruz spoke in opposition citing health
and safety concerns.
Tim Rosevear spoke in opposition citing construction
traffic; and objected to a Special Election, which
would have a poor turnout.
Randy Griffith spoke in opposition requesting
mitigation measures be changed in response to recent
Mammoth find, to provide several archeologists on site
to monitor during grading; reduction of the project
footprint as recommended by Santa Monica Mountains
Conservancy (SMMC); and stated this land could be left
as open space.
Janet Murphy spoke in opposition and commented on
changes needed to the Wildlife Study; clarification
needed regarding mitigation measures in regard to
Valley Fever; an emphasis on relocation rather than
removal of impacted trees; and SMMC's request for a
reduced footprint should be listed in the
alternatives. She requested the Council be open to
additional comments from the public even if the
hearing is closed.
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Moorpark, California Page 11 April 20, 2005
Patrick Carden spoke in opposition citing construction
traffic; and stated the completion of the off -ramp
should come before beginning development.
In response to Mayor Pro Tempore Harper, Ms.
Traffenstedt summarized the comments on 15 Written
Statement Cards in favor and six in opposition to the
project.
Mr. Kilkenny clarified certain issues brought out in
the public testimony and answered Council questions.
A discussion followed amonc
staff regarding issues to
recycled water impact on th
of impacted trees;
archeological /paleontological
grading on site.
the Councilmembers and
be researched including
Arroyo -Simi; relocation
and providing for
monitoring during
Mayor Pro Tempore Harper closed the public hearing.
MOTION: Councilmember Millhouse moved and Councilmember
Parvin seconded a motion to continue the agenda item with
public hearing closed to May 4, 2005, to coincide with the
consideration of a North Park Village Development
Agreement. The motion carried by voice vote 4 -0, Mayor
Hunter absent.
11. ORDINANCES:
A. Consider Ordinance No. 312, an Ordinance of the Cit
of Moorpark, Approving Zone Change No. 2003 -02, for a
Change of Zone from Commercial Planned Development
(CPD) and Single- Family Residential (R -1) to
Residential Planned Development - Twelve Units Per
Acre (RPD -12u) and Open Space (OS) on 15.13 Acres,
Located at the Terminus of Fremont Street, South of
Los Angeles Avenue (Hwy 118) and East of Majestic
Court, on the Application of Shea Homes, Inc. Staff
Recommendation: Waive full reading and declare
Ordinance No. 312 read for the second time and adopted
as read.
Mr. Montes read the title of Ordinance No. 312.
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MOTION: Councilmember Millhouse moved and Councilmember
Parvin seconded a motion to waive full reading of Ordinance
No. 312, declare Ordinance No. 312 read for the second time
and adopted as read. The motion carried by voice vote 4 -0,
Mayor Hunter absent.
B. Consider Ordinance No. 313, an Ordinance of the Cit
of Moorpark, Adopting a Development Agreement Between
the City of Moorpark and Shea Homes, Limited
Partnership. Staff Recommendation: Waive full
reading and declare Ordinance No. 313 read for the
second time and adopted as read.
Mr. Montes read the title of Ordinance No. 313.
MOTION: Councilmember Mikos moved and Councilmember Parvin
seconded a motion to waive full reading of Ordinance No.
313, declare Ordinance No. 313 read for the second time and
adopted as read. The motion carried by voice vote 4 -0,
Mayor Hunter absent.
C. Consider Ordinance No. 314, an Ordinance of the Cit
of Moorpark, Amending Certain Portions of Chapter
17.74 of the Moorpark Municipal Code, Pertaining to
Development Standards within the Moorpark Highlands
Specific Plan Area - Specific Plan No. 1995 -02. Staff
Recommendation: Waive full reading and declare
Ordinance No. 314 read for the second time and adopted
as read.
Mr. Montes read the title of Ordinance No. 314.
MOTION: Councilmember Parvin moved and Councilmember Mikos
seconded a motion to waive full reading of Ordinance No.
314, declare Ordinance No. 314 read for the second time and
adopted as read. The motion carried by voice vote 4 -0,
Mayor Hunter absent.
12. CLOSED SESSION:
Mr. Kueny requested the City Council go into closed session
for one case under Item 12.B. on the agenda.
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MOTION: Councilmember Mikos moved and Councilmember Millhouse
seconded a motion to adjourn to closed session for a discussion
of one case under Item 12.B. on the agenda. The motion carried
by voice vote 4 -0, Mayor Hunter absent. The time was 11:24 p.m.
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)
Present in closed session were Councilmembers Mikos,
Millhouse, Parvin, and Mayor Pro Tempore Harper; Steven
Kueny, City Manager; Joseph Montes, City Attorney; Hugh
Riley, Assistant City Manager; Barry Hogan, Community
Development Director, and Deborah Traffenstedt
Administrative Services Director /City Clerk.
The Council reconvened into open session at 11:35 p.m. Mr.
Kueny stated one case under Item 12.B. was discussed and
there was no action to report.
13. ADJOURNMENT:
Mayor Pro Tempore Harper adjourned the meeting at 11:35
p.m.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk