HomeMy WebLinkAboutMIN 1996 0207 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California February 7, 1996
A Regular Meeting or the city council or the (-ity or moorparx was
held on February 7, 1996, in the Council Chambers of said City
located at 799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Mayor Lawrason called the meeting to order at 7 :12 p.m.
2. PLEDGE OF ALLEGIANCE:
Mr. Kueny led the Pledge of Allegiance.
3. ROLL CALL:
Present: Councilmembers Perez, Wozniak and Mayor
Lawrason
Councilmember Hunter joined the meeting at
8:00 P.M.
Staff Present: Steven Kueny, City Manager; Richard Hare,
Deputy City Manager; Jim Aguilera, Director of
Community Development; Ken Gilbert, Director
of Public Works; Charles Abbott, City
Engineer; Steve Hayes, Redevelopment /Economic
Development Manager; Cheryl Kane, City
Attorney; Mary Lindley, Assistant to the City
Manager; Paul Porter, Senior Planner;
Lieutenant Marty Rouse, Sheriff's Department;
Dirk Lovett, Assistant City Engineer; Lillian
Hare, City Clerk; and Dorothy Vandaveer,
Deputy City Clerk
4. PROCLAMATIONS AND COMMENDATIONS:
None.
S. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
6. PUBLIC COMMENT:
Courtney Dolliver, 12110' Willow Hill Drive, addressed the
Council and requested that a pedestrian bridge be built across
the Arroyo Simi. She presented the Council with a petition
signed by her classmates at Chaparral Middle School requesting
the pedestrian bridge.
000001.
Minutes of the City Council
Moorpark, California Page 2 February 7, 1996
Mayor Lawrason responded stating that safety in that area is
of utmost concern. He gave a summary of the proposed
pedestrian bridge project and indicated that it had been a
goal of the City for a long time. Mayor Lawrason explained
that the City was still trying to work out details regarding
the property owned by the Flood Control District. He
indicated that the City would be moving forward with the
project and hoped to complete it prior to the next rainy
season.
Lita Bienjo, 9555 Los Angeles Avenue, spoke requesting support
for Camarillo State Hospital. She asked the Council's support
in opposing the criminally insane at Camarillo State Hospital.
Chris Evans, 4430 Cedarglen Court, spoke regarding the death
of Joel Burchfield. He requested that the Council place a
temporary fence on the north side of the Arroyo Simi from
Spring Road to Tierra Rejada Road.
Tim Haas, 11571 Willowwood Court, addressed the Council
requesting that the pedestrian bridge be completed so that
other children his age would not have accidents similar to
Joel Burchfield, who was his friend.
Mayor Lawrason thanked Tim Haas and his friends for attending
the Council meeting. He expressed concern that the
community's young people not cross the Arroyo as it is
extremely dangerous.
AT THIS POINT in the meeting, the Council recessed in order to
convene the Redevelopment Agency. The time was 7:38 p.m. The
Council reconvened into Session at 7 :39 p.m.
7. CONSENT CALENDAR:
MOTION: Councilmember Wozniak moved and Councilmember Perez
seconded a motion to pull the minutes of the Special Meeting
of the City Council and Planning Commission of December 13,
1995 and approve the balance of the Consent Calendar. The
motion carried by roll call vote 3 -0, Councilmember Hunter
absent for the vote.
A. Consider Approval of Minutes of the Regular Meeting of
the City Council of January 3, 1996.
00QOO?
Minutes of the City Council
Moorpark, California Page 3
February 7, 1996
Consider Approval of Minutes of the Special Meeting of
the Citv Council of November 29, 1995.
Consider Approval of minutes of the Regular Meeting of
the Citv Council of December 20, 1995.
Consider Approval of Minutes of the Special Meeting of
the Citv Council of December 20, 1995.
Consider Approval of Minutes of the Special Meeting of
the City Council of January 3, 1996.
Staff Recommendation: Approve the minutes as processed.
B. Consider Approval of the Warrant Register.
Manual Warrants 29364- 29365,
29467 -29479 $ 44,608.08
Voided Warrants 27938,29344 &
29383 $ (348.25)
Regular Warrants 29480 -29630 $ 414,940.81
Staff Recommendation: Approve the Warrant Register.
C. Consider Bids for the Construction of a Temporary Traffic
Signal at the Intersection of Tierra Rejada Road and
Moorpark Road. Staff Recommendation: 1) Award a contract
to TDS Engineering, Inc. in the amount of $15,995.00 for
the project; 2) Approve a ten percent contingency for the
project and authorize the City Manager to approve
additional work, if required, for an amount not to exceed
ten percent of the contract; 3) Authorize the City
Manager to sign necessary contract documents; and 4)
Amend the total amount of the appropriation and budget
for this project as follows: Act. # 026 -142- 903 -0413 from
$70,000 to $42,000 ($28,000 decrease).
D. Consider Cooperative Agreement with the County of Ventura
Regarding Joint Funding of the Construction of a
Temporary Traffic Signal at Terra Rejada Road and
Moorpark Road. Staff Recommendation: Approve the
agreement, subject to final language approval by the City
Attorney and City Manager, and authorize the Mayor to
execute same.
Minutes of the City Council
Moorpark, California Page 4 February 7, 1996
E. Consider Resolution No. 96 -1178 Approving the State /City
Master Agreement Pertaining to Federal Aid Projects and
the Program Supplement Pertaining to Surface
Transportation Program Funding for the 1995 Asphalt
Overlay Project. Staff Recommendation: Adopt Resolution
No. 96 -1178 and authorize the Mayor to execute subject
agreement on behalf of the City Council.
F. Consider Purchase of Facsimile Machine for Arroyo Vista
Recreation Center. Staff Recommendation: Approve the
reallocation of funds in the amount of $850.00 from lift
purchase savings, (Capital Equipment 01.149.906.000390),
for the purchase of a facsimile machine, installation and
monthly service fees through June 30, 1996, at Arroyo
Vista Recreation Center.
G. Consider Authorizing Recordation of the Notice of
Completion for the Construction of Multipurpose Court and
Other Concrete Work at Arroyo Vista Community Park.
Staff Recommendation: 1) Accept the work as completed; 2)
Authorize the City Clerk to file the Notice of Completion
for the project; 3) Authorize the release of the
retention upon satisfactory clearance of the thirty five
(35) day lien period.
H. Consider Authorizing Recordation of the Notice of
Completion for the Construction and Installation of
Security Lighting at Glenwood and Campus Canyon Parks
(Big 0 Enterprises). Staff Recommendation: 1) Accept the
work as completed; 2) Authorize the City Clerk to file
the Notice of Completion for the project; 3) Authorize
the release of the retention upon satisfactory clearance
of the thirty five (35) day lien period.
I. Consider Resolution No. 96 -1179 Approving and Authorizing
the City Manager to Execute a Cooperation Agreement by
and Between the Moorpark Redevelopment Agency and the
City of Moorpark for Various Public Works Sidewalk
Improvement Projects - Harry, Esther, Sherman and High
Streets. Staff Recommendation: Adopt Resolution No. 96-
1179 authorizing the City Manager to execute the
Cooperation Agreement by and between the City of Moorpark
and the Moorpark Redevelopment Agency.
J. Consider Resolution No. 96 -1180 Approving and Authorizin
the City Manaqer to Execute a Reimbursement Aqreement b
IM
Minutes of the City Council
Moorpark, California Page 5 February 7, 1996
and Between the Moorpark Redevelopment Agency and the
City of Moorpark for City Loan for Preparation of
Downtown Specific Plan. Staff Recommendation: Adopt
Resolution No. 96 -1180 authorizing the City Manager to
execute the Reimbursement Agreement by and between the
City of Moorpark and the Moorpark Redevelopment Agency.
K. Consider Renewal of Employee Vision Plan with CPIC, a
Subsidiary of Blue Shield of California. Staff
Recommendation: That the City continue this contract with
Blue Shield at a rate of $8.00 per employee, $15.90 for
employee and spouse, $18.70 for employee and children,
and $20.70 for employee and family.
L. Consider Approval of a Certificate of Acceptance for
Property Owned by Mr. Rosenkrantz - Park Lane and Los
Angeles Avenue. Staff Recommendation: Approve the
Certificate of Acceptance for the property and
appropriate $15,945 from the Assessment District 92 -1
Construction Fund for the purchase of the property.
M. Consider Acceptance of the Maintenance of Tierra Rejada
Road in PC -3 and the Exoneration of the Related
Improvement Bond (California Community Builders) . Staff
Recommendation: Accept the Tierra Rejada Road street
improvements and median landscaping improvements within
PC -3 effective March 1, 1996, and authorize the City
Clerk to exonerate Bond #11127011986 ($300,000) subject
to the following conditions: a) completion of the street
repairs required by letter to CCB dated January 12, 1996,
prior to acceptance of improvements and bond exoneration;
b) receipt of payment by CCB of $90,000 representing
their total cost for the Terra Rejada Road Subdrain
Project; c) completion of the installation of sub - meters
on all irrigation lines serving the medians; d) receipt
of a letter from CCB agreeing to pay all actual City
costs for median landscape maintenance (including utility
costs) for the period between March 1, 1996 and July 1,
1996; e) receipt of an advance payment in the amount of
$13,333.00, said amount being equal to an estimate
monthly maintenance costs of $3,333 for the four month
period; and, f) receip. of a letter from CCB agreeing to
go
Minutes of the City Council
Moorpark, California Page 6
February 7, 1996
undertake all necessary modification to the median
landscaping irrigation systems required to completely
separate same from the parkway landscaping system, in the
event the City does not assume the maintenance
responsibilities for said parkways.
N. Consider a Budget Transfer of $40,628
from Fund 5 reserve
to Fund 05.4.147.903 for the Mail Marketing Art Project.
Staff Recommendation:
from the unreserved
Improvements Other
05.4.147.903.
Authorize the transfer of $40,628
balance available in Fund 5 to
Than Buildings, line item
O. Consider Resolution No. 96 -1181 Approving Administrative
Permit No. 95 -20 for Off -Site Sale of Beer and Wine at
415 Moorpark Avenue (Tellos Mexican Food). Staff
Recommendation: Adopt Resolution No. 96 -1181.
CONSENSUS: By consensus, the Council determined to consider
approval of the minutes of the Special Meeting of the City
Council and Planning Commission of December 13, 1995 after the
presentation /action /discussion items.
PUBLIC HEARINGS:
A. Consider Public Testimony and the Adoption of Resolution
No. 96 -1182 Finding the City in Compliance with the
Paratransit Requirements of the Americans with
Disabilities Act. Staff Recommendation: Receive public
testimony and adopt Resolution No. 96 -1182 Finding the
City in compliance with the Americans with Disabilities
Act for paratransit service.
Ms. Lindley gave the staff report.
Mayor Lawrason opened the public hearing. As there were
no speakers for this item, Mayor Lawrason closed the
public hearing.
The City Clerk announced that this is a properly noticed
public hearing and that the affidavit of publication is
on file in her office.
Minutes of the City Council
Moorpark, California Page 7 February 7, 1996
MOTION: Councilmember Wozniak moved and Councilmember Perez
seconded a motion to adopt Resolution No. 96 -1182 finding the
City in compliance with the Americans with Disabilities Act
for paratransit service. The motion carried by roll call vote
3 -0, Councilmember Hunter absent for the vote.
B. Consider Approval of Residential Planned Development
Permit No. 95 -2, GPA 95 -3 and Tentative Tract Map No.
4174 a Nine (9) Lot Subdivision ( Colmer). Staff
Recommendation: 1) Open the public hearing; 2) Consider
the Mitigated Negative Declaration and related Mitigation
Monitoring Program prepared for these entitlement
projects prior to approving the projects; 3) Make the
appropriate findings for each of the entitlements
requested by the applicant; 4) Direct staff to prepare
resolutions approving the requested General Plan
Amendment, Land Division Map, and Residential Planned
Development Permit for presentation at the City Council's
next regular meeting of February 21, 1996.
Mr. Porter gave the staff report indicating proposed
changes to the conditions of approval being recommended
by staff.
Councilmember Hunter joined the meeting. The time was
8:00 P.M.
Mr. Kueny recommended that the General Plan Amendment
not be processed until approval of final map.
Mayor Lawrason opened the public hearing.
The City Clerk noted that the hearing had been properly
noticed and the affidavit of publication is on file in
her office.
Wayne Colmer, 23875 Ventura Blvd., addressed the Council
as the applicant. He reviewed the project with the
Council.
In response Lo Council question, Robert Warren, 1881
Knoll Drive, Ventura, engineer for the applicant, said
there is no drainage Swale along the top of the property.
00000'7
Minutes of the City Council
Moorpark, California Page 8
February 7, 1996
Mayor Lawrason closed the public hearing.
The Council discussed and took the following consensus
actions:
CONSENSUS: By consensus, the Council determined to reword
Condition 17.a that the Director of Community Development will
determine that all slopes on lots 7, 8 and 9 will be planted
with a density and in a method that will provide screening
between new and existing homeowners.
CONSENSUS: By consensus, the Council determined that lots on
the north side of the project contain all drainage within each
lot and that a drainage Swale be constructed along the north
side of the retaining wall.
CONSENSUS: By consensus, the Council determined that drains
and easements outside the right -of -way are to be maintained by
the owner of the lot containing the drainage device.
CONSENSUS: By consensus, the Council determined that the
applicant install a headlight barrier for those homeowners who
will reside across from the intersection of A Street.
CONSENSUS: By consensus, the Council determined that for lots
1 and 9, the parkway adjacent to them shall be placed in a
Maintenance Assessment District.
CONSENSUS: By consensus, the Council determined that each lot
will include the responsibility for landscaping and drainage
on the slopes of their individual lots with an irrevocable
dedication of easement to the City so the City can take over
maintenance if necessary.
MOTION: Councilmember Perez moved and Councilmember Wozniak
seconded a motion to approve the Mitigated Negative
Declaration and related Mit.igaLiori Monitoring Program; to make
the appropriate findings (C.E.Q.A., Subdivision Map Act, and
Residential Planned Development Permit); to direct staff to
prepare a resolution including the changes outlined in the
staff report with amendments as determined by the Council this
evening relative the Land Division Map, Residential Planned
Development Permit for presentation at the City Council's next
regular meeting of February 21, 1996; the requested General
Plan Amendment not to be placed on an agenda for action until
the final map for the project is to be considered. The motion
carried by voice vote 4 -0.
ws
Minutes of the City Council
Moorpark, California Page 9 February 7, 1996
C. Consider Amendment to the Moorpark Municipal Code by
Addition of Section No. 17.32.011 Regarding Second
Driveways in Residential Zones. Staff Recommendation:
1) Open the public hearing, accept public testimony, and
close the public hearing; 2) Determine that the
modifications to the City's Zoning Ordinance are
categorically exempt pursuant to State CEQA Guidelines
Section 15061(b)(3); 3) Find that the proposal is a
benefit to the City and that the Ordinance and the
proposal be forwarded to the City Council with a
recommendation of approval; 4) Introduce Ordinance No.
for first reading.
Mr. Aguilera gave the staff report.
Mayor Lawrason opened the public hearing.
The City Clerk announced that this is a properly noticed
public hearing and that the affidavit of publication is
on file in her office.
As there were no speakers for this item, Mayor Lawrason
closed the public hearing.
MOTION: Councilmember Perez moved and Councilmember Wozniak
seconded a motion to 1) determine that the modifications to
the City's Zoning Ordinance are categorically exempt pursuant
to State CEQA Guidelines Section 15061(b)(3); 2) Find that the
proposal is a benefit to the City. The motion carried by
voice vote 4 -0.
Ms. Kane read the ordinance title.
MOTION: Councilmember Hunter moved and Councilmember Wozniak
seconded a motion to read the ordinance title and waive
further reading. The motion carried by voice vote 4 -0.
MOTION: Councilmember Hunter moved and Councilmember Wozniak
seconded a motion to dec'_are Ord -nance No. 211 read for the
first time. The motion carried by voice vote 4 -0.
D. Consider Resolution 96 -1183, Establishing Restricted
Parking Spaces int he Commercial Center Parking Lot
Located at 23 Los i�-ngeles Avenue and Authorizing the
Removal of Unauthorized vehicles from Such Reserved
tDiit3o4D�)
Minutes of the City Council
Moorpark, California Page 10 February 7, 1996
Parking Spaces. Staff Recommendation: Adopt Resolution
No. 96 -1183 establishing reserved parking spaces for
police vehicles and authorizing the towing of any other
vehicles parking in any such reserved parking spaces.
Mr. Gilbert gave the staff report.
Mayor Lawrason opened the public hearing.
As there were no speakers for this item, Mayor Lawrason
closed the public hearing.
MOTION: Councilmember Hunter moved and Councilmember Wozniak
seconded a motion to adopt Resolution No. 96 -1183
establishing reserved parking spaces for police vehicles and
authorizing the towing of any other vehicles parked in any
such reserved parking spaces. The motion carried by voice
vote 4 -0.
9. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
None.
10. PRESENTATIONS /ACTION /DISCUSSION:
A. Consider Housing Rehabilitation Program Outside of the
Redevelopment Project Area. Staff Recommendation: The
Economic Development /Affordable Housing Committee and
staff recommend that a parallel Housing Rehabilitation
Loan Program be established outside of the Project Area
and that staff publicize the program and process requests
on a first come first serve basis. Further, that the
City Council appropriate $160,000 from the City's Housing
Fund (Fund 22). (ROLL CALL VOTE)
Mr. Hayes gave the staff report. He indicated that staff
is recommending that an equity to loan ratio of 2:1 be
required in addition to the other requirements outlined
in the staff report.
MOTION: Mayor Lawrason moved and Councilmember Hunter seconded
a motion that a parallel Housing Rehabilitation Loan Program
be established outside of the Project Area and that staff
publicize the program and process requests on a first come
first serve basis; that the City Council appropriate $160,000
from the City's Housing i'und; and that an equity to loan
00002.6
Minutes of the City Council
Moorpark, California Page 11 February 7, 1996
ratio of 2:1 be required. The motion carried by roll call
vote 4 -0.
B. Consider Comments on County Conditional Use Permit (CUP)
No. 4933 for Golf Academy (Driving Range) Proposed by
Ralph Mahan for a Site North of Terra Rejada Road and
East of State Route 23. Staff Recommendation: Direct
staff to prepare a letter to the County Planning Division
expressing the City's opposition to the proposed project.
Mr. Aguilera gave the staff report.
In response to Mayor Lawrason, Mr. Aguilera confirmed
that the proposed site is zoned open space and that a
driving range is not a conforming use.
Mayor Lawrason indicated that he is not opposed to this
open space being used for a driving range.
MOTION: Councilmember Wozniak moved and Councilmember Hunter
seconded a motion to direct staff to prepare a letter to the
County Planning Division expressing the City's opposition to
the proposed project. The motion carried by voice vote 3 -1,
Mayor Lawrason dissenting.
C. Consider Rescinding Ordinance No. 123, and Amending
Municipal Code Chapter 8.36; Conduct First Reading of
Solid Waste Ordinance No. 212. Staff Recommendation:
Approve Solid Waste Ordinance No. For first reading,
repealing Ordinance No. 123, amending the Moorpark
Municipal Code Chapter 8.36.
Ms. Lindley gave the staff report.
Ms. Lindley stated that the proposed ordinance is being
amended with the following changes:
1. The title should be changed from:
"An Ordinance of the City of Moorpark, California,
Repealing Ordinance No. 123 and Amending Chapter
8.36 of the Moorpark Municipal Code In Its Entirety
Relative to Solid Waste Collection Services"
to read as follows:
0000
Minutes of the City Council
Moorpark, California Page 12 February 7, 1996
"An Ordinance of the City of Moorpark, California,
Amending Chapter 8.36 in its Entirety of the
Moorpark Municipal Code Relative to Solid Waste
Collection Services"
2. Deletion of the following:
"SECTION 1. Ordinance No. 123 is hereby repealed."
3. Amend the following:
" .qFrTTnN ? _ "
To read:
"SECTION l."
4. Amend the following:
"gFrTTnN v "
To read:
"SECTION 2."
MOTION: Mayor Lawrason moved and Councilmember Perez seconded
a motion to approve solid waste Ordinance No. 212 as amended
above. The motion carried by voice vote 4 -0.
Ms. Kane read the ordinance title.
MOTION: Councilmember Wozniak moved and Councilmember Hunter
seconded a motion to read the ordinance title and waive
further reading. The motion carried by voice vote 4 -0.
MOTION: Councilmember Wozniak moved and Councilmember Hunter
seconded a motion to declare Ordinance No. 212 read for the
first time. The motion carried by voice vote 4 -0.
D. Consider Approval of 1996 NPDES (National Pollutant
Discharge Elimination System) Programs. Staff
Recommendation: 1) Amend the City Council Goals and
Objectives for FY 1995/96 to include, as a single -
asterisk, the following additional objective: "Develop
and implement a number of programs required by the City's
Stormwater Discharge Permit as mandated by the federal
4U(O012
Minutes of the City Council
Moorpark, California Page 13 February 7, 1996
NPDES program." ; 2) Direct staff to proceed with the
work programs described in the staff report; 3) Authorize
interdepartmental budget transfers to account for NPDES
related personnel costs incurred during FY 1995/96; 4)
Direct staff to include in the FY 1996/97 budget
recommended expenditures and funding sources necessary to
comply with NPDES program requirements; and 5) Direct
staff to initiate proceedings required to establish an
NPDES assessment in FY 1996/97. (ROLL CALL VOTE).
Mr. Gilbert gave the staff report.
Mayor Lawrason said he cannot support an unfunded mandate
with unknown future fiscal consequences. He said the
City should continue to look for alternative solutions.
In response to Council question, Mr. Kueny said that
$50,000 will be covered for costs next year. He said the
City would not try to recover the $38,000 for this year
or for the past two or three years.
MOTION: Councilmember Perez moved to approve 1) amend the City
Council Goals and Objectives for FY 1995/96 to include, as a
single- asterisk, the following additional objective: "Develop
and implement a number of programs required by the City's
Stormwater Discharge Permit as mandated by the federal NPDES
program. "; 2) Direct staff to proceed with the work programs
described in the staff report; 3) Authorize interdepartmental
budget transfers to account for NPDES related personnel costs
incurred during FY 1995/96; 4) Direct staff to include in the
FY 1996/97 budget recommended expenditures and funding sources
necessary to comply with NPDES program requirements; and 5)
Direct staff to initiate proceedings required to establish an
NPDES assessment in FY 1996/97.
THE MOTION DIES FOR LACK OF A SECOND.
Councilmember Wozniak stated that he does not like this
item because the parameters of this assessment are set by
someone else.
Councilmember Hunter commented that the City needs to
show some compliance, and, by supporting staff
recommendations 1, 2 and 3, it allows the City to move
forward at a minimum level. He said he will reluctantly
support those recommendations, but would like an
Minutes of the City Council
Moorpark, California Page 14 February 7, 1996
accounting of how much money the City spends in
compliance.
MOTION: Councilmember Perez moved and Councilmember Wozniak
seconded a motion to approve 1) Amending the City Council
Goals and Objectives for FY 1995/96 to include, as a single -
asterisk, the following additional objective: "Develop and
implement a number of programs required by the City's
Stormwater Discharge Permit as mandated by the federal NPDES
program. "; 2) Directing staff to proceed with the work
programs described in the staff report dated January 31, 1996;
3) Authorizing interdepartmental budget transfers to account
for NPDES related personnel costs incurred during FY 1995/96.
The motion carried by roll call vote 3 -1, Mayor Lawrason
dissenting.
E. Consider City Attorney's Attendance at City Council
Meetings. Staff Recommendation: Direct that the City
Attorney not be scheduled to attend the second regularly
scheduled meeting of the month for a four (4) month trial
period (February to May) to be evaluated by the City
Council in June 1996.
Mr. Kueny gave the staff report.
MOTION: Councilmember Perez moved and Councilmember Wozniak
seconded a motion to direct that the City Attorney not be
scheduled to attend the second regularly scheduled meeting of
the month for a four (4) month trial period (February to May)
to be evaluated by the City council in June 1996. The motion
carried by voice vote 4 -0.
11. ORDINANCES:
None.
12. CLOSED SESSION:
None was held.
13. ADJOURNMENT:
MOTION: Councilmember Perez moved and Councilmember Hunter
seconded a motion to adjourn the meeting. The motion carried
by voice vote 4 -0 .
Minutes of the City Council.
Moorpark, California Page 15 February 7, 1996
Mayor Lawrason adjourned the meeting. The time was 10:43 p.m.
ATTEST:
"L -�� -C 'L - e V,
Lillian E. Hare, City Cl
7/1 4 1 Vi ti
Paul W. VWrason Jr. Ma—
RItls f
MOORPARK
799 Moorpark Avenue Moorpark, California 93021
NOTICE AND CALL OF A
SPECIAL FETING OF THE CITY COUNCIL
OF THE CITY OF MOORPARK
TO THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF MOORPARK:
(805) 529 -6864
NOTICE IS HEREBY GIVEN that a Special Meeting of the City Council of the City of
Moorpark is hereby called to be held on WEDNESDAY, February 7, 1996, commencing
at 6:30 p.m. Said meeting will be held in the Council Conference Room located
at 799 Moorpark Avenue, Moorpark, California.
Said Special Meeting shall be for the purpose of the following:
1. CALL TO ORDER:
2. ROLL CALL:
3. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) to
Section 54956.9 of the Government Code: (Number of cases to be
discussed - three)
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c) of Section
54956.9 of the Government Code: (Number of cases to be discussed -
4)
C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code) : Dillon
vs. The City of Moorpark
D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code):
Environmental Coalition of Ventura County vs. the City of Moorpark
E. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (pursuant to Government Code
Section 54957)
Title: City Manager, Deputy City Manager, Director of Community
Services, Director of Community Development, Public Works Director,
City Clerk, Chief of Police, City Engineer, and City Attorney
PAUL W. LAWRASON JR. JOHN E. WOZNIAK PATRICK HUNTER BERNARDO M. PEREZ
Mayor Mayor Pro Tem Councilmember Councilmpmber
Dated: February 6, 1996
L llian E. Hare, City Clerk
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Speakers who wish to address the Council concerning a Public Hearing or
Presentation /Discussion /Action item must do so during the Public Hearing or
Presentation /Discussion /Action portion of the Agenda for that item. Speaker
cards must be received by the City Clerk for Presentation /Discussion /Action items
prior to the beginning of the first item of the Presentation /Discussion /Action
portion of the Agenda. Speaker Cards for a Public Hearing must be received prior
to the beginning of the Public Hearing. Speaker cards for a Closed Session item
must be received prior to the beginning of Closed Session. A limitation of three
minutes shall be imposed upon each Presentation /Discussion /Action item speaker.
Copies of each item of business on the agenda are on file in the office of the
City Clerk and are available for public review. Any questions concerning any
agenda item may be directed to the City Clerk /529 -6864.
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
SPECIAL MEETING NOTICE
I, Dorothy J. Vandaveer, declare as follows:
That I am the Deputy City Clerk of the City of Moorpark;
that a SPECIAL MEETING of the City Council of the City of
Moorpark was held at 6:30 p.m. on February 7, 1996 in the
Council Chambers of City Hall located at 799 Moorpark
Avenue, Moorpark, CA and that a copy of said Special Meeting
Notice was posted on February 6, 1996 at a conspicuous place
at the Moorpark Community Center, 799 Moorpark Avenue,
Moorpark, CA.
I declare under penalty of perjury that the foregoing is
true and correct.
Executed on February 6, 1996 at Moorpark, California.
Dorothy Vandaveer
Deputy City Clerk
aff.smt
MINUTES OF THE CITY COUNCIL
Moorpark, California February 7, 1996
A Special Meeting of the City Council of the City of Moorpark was
held on February 7, 1996, in the Council Chambers of said City
located at 799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Mayor Lawrason called the meeting to order at 6 :40 p.m.
2. ROLL CALL:
Present: Councilmembers Perez, Wozniak and Mayor
Lawrason
Absent: Councilmember Hunter
Staff Present: Steven Kueny, City Manager; Richard Hare,
Deputy City Manager; Cheryl Kane, City
Attorney.
3. CLOSED SESSION:
MOTION: Councilmember Wozniak moved and Councilmember Perez
seconded a motion to adjourn to Closed Session for a
discussion of all items listed on the agenda:
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to
subdivision (b) to Section 54956.9 of the Government
Code: (Number of cases to be discussed - three)
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 - two)
C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government
Code): Dillon vs. the City of Moorpark
D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government
Code) : Environmental Coalition of Ventura County vs. the
City of Moorpark
006001
MINUTES OF THE CITY COUNCIL
Moorpark, California Page 2 February 7, 1996
E. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (pursuant to
government code section 54957)
Title: City Manager, Deputy City Manager, Director of
Community Services, Director of Community Development,
Public Works Director, City Clerk, Chief of Police, City
Engineer, and City Attorney.
The motion carried by voice vote 3 -0, Councilmember Hunter
absent for the vote.
Present in Closed Session were all Councilmembers but
Councilmember Hunter; Steven Kueny, City Manager; Richard
Hare, Deputy City Manager; Cheryl Kane, City Attorney
The Council reconvened into open session at 6:59 p.m.
Mr. Kueny stated that only items 3.B. (all 4 cases), and
3.C. were discussed and there was no action to report
regarding 3.C. Regarding 3.B., the Council authorized
initiation of litigation relative to infractions with the
authorization that at the City Manager's discretion and
depending on the circumstances the action could be
modified to a misdimenor, the identity of the litigation
together with the defendant and other particulars shall,
once formally commenced, be disclosed to any person upon
inquiry.
4. ADJOURNMENT:
Mayor Lawrason adjourned the meeting at 6:58 p.m.
ATTEST:
Lillian E. Hare, City Cle
Paul W. La' ason Jr.J Payo r
00000Z