HomeMy WebLinkAboutMIN 1997 1217 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California December 17, 1997
'— A Regular Meeting of the City Council of the City of Moorpark was
held on December 17, 1997 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:
Steven Kueny led the Pledge of Allegiance.
3. ROLL CALL:
Present: Councilmembers Evans, Perez, Teasley, Wozniak
and Mayor Hunter.
Staff Present: Steven Kueny, City Manager; Cheryl Kane, City
Attorney; Ken Gilbert, Director of Public Works;
Mary Lindley, Director of Community Services;
Nelson Miller, Director of Community
Development; John Nowak, Interim Economic
Development Manager; Captain Mike Lewis,
._ Sheriff's Department; Dirk Lovett, Assistant
City Engineer; and Lisa Pope, Deputy City Clerk
4. PROCLAMATIONS AND COMMENDATIONS:
A. Introduction of New City Employees, John Brand, Erik
Dombroski, Wayne Loftus, Rachele Loosbrock and Stephen
Kearns
Mayor Hunter introduced the new City employees.
B. "Immunization Registry Community Outreach Month - December
1997" Proclamation
Mayor Hunter presented the proclamation to Jim Norris.
C. Recognition of Musketeers Varsity Football Team as Frontier
League Champions
Mayor Hunter presented a City plaque to Coach Ron Wilford.
D. Recognition of Planning Commissioner Paul Norcross
Mayor Hunter presented a City plaque to Paul Norcross for
his service on the Planning Commission.
E. City Manager's Monthly Report.
Mr. Kueny deferred his report until January 21, 1998.
Minutes of the City Council
Moorpark, California Page 2
5. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
December 17, 1997
CONSENSUS: By consensus, the Council determined to continue
Item 9.D. to February 18, 1998 and any member of the public
wishing to speak on the item could do so prior to Item 9.A.
AT THIS POINT in the meeting a recess was declared to convene
the Redevelopment Agency. The time was 7:45 p.m.
The Council reconvened at 8:40 p.m.
6. PUBLIC COMMENTS:
None.
7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Councilmember Wozniak requested an item be placed on a future
agenda regarding the State Transportation Plan as was recently
presented to VCOG.
Councilmember Evans requested review of financing on Mission
Bell Phase 1 and 2 and an update on where the Committee stands
on day laborers.
Councilmember Teasley wished everyone a Happy Holidays.
8. PUBLIC HEARINGS:
A. Consider Approval of Industrial Planned Development No. 97
3 on the application of Sunbelt Properties (Fred Kavli) for
construction of a 42,146 square foot industrial building
located on the west side of Los Angeles Avenue directly
west of the Cabot, Cabot and Forbes "Moorpark Business
Center" near it's southern intersection with Condor Drive
(Assessor's Parcel No. 513- 010 -215 Staff Recommendation:
Open the public hearing and accept public testimony; review
and consider the information in the Initial Study,
Mitigated Negative Declaration; review and consider the
proposed Mitigation Monitoring Program; make the
appropriate findings; and adopt Resolution No. 97-
approving Industrial Planned Development Permit No. 97 -3.
Mr. Miller gave the staff report.
Mayor Hunter opened the public hearing.
Dennis Roy, 110 Pine Avenue, Long Beach, representing RGA,
Office of Architectural Design, stated he was available to
answer any questions.
Minutes of the City Council
Moorpark, California Page 3
December 17, 1997
Mark Ossola, 14501 Los Angeles Avenue, representing Sunbelt
Properties, stated he was available to answer any
questions.
In response to Mayor Hunter, Mr. Miller stated that at the
Planning Commission hearing, the height and relocation of
the sound wall were addressed. He stated the Planning
Commission suggestions were included in the resolution.
In response to Councilmember Perez, Mr. Miller stated the
noise study had been discussed in an earlier meeting and it
was determined that a sound wall should be required
because of the neighboring residential area. He indicated
that the applicant had agreed to build the sound wall in
lieu of the noise study.
Mr. Roy explained that the area close to the neighbors
would only be used for moving things from one building to
another and there would not be truck loading or unloading.
Mr. Ossola stated there would be no receiving at that area.
He stated all trucks would be located on the south side of
the project.
Mayor Hunter closed the public hearing.
MOTION: Councilmember Evans moved and Councilmember Perez
seconded a motion to adopt Resolution No. 97 -1412 approving
Industrial Planned Development Permit No. 97 -3. The motion
carried by unanimous voice vote.
B. Consider Approval of Major Modification No. 1 to Commercial
Planned Development (CPD) Permit No. 95 -1 for approval of
a modification of the approved project for two single story
buildings including a 9,450 square foot child care facility
and a 16,730 square foot Rite Aid Drug and Major
Modification No. 1 to Tentative Tract Map (TT) No. 5001 for
a reduction from three (3) to two (2) lots on the
application of Marketplace Partners 3, L.P. on property
located at the northwest corner of Tierra Rejada Road and
Spring Road in the City of Moorpark, Assessor's Parcel Nos.
500 -0- 350 -535, 545 and 555. Staff Recommendation: Open the
public hearing and accept public testimony; determine that
the contents in the Mitigated Negative Declaration/ Initial
Study prepared for CPD 95 -1 and PM 5001 have been
.� considered in the various decisions on the proposed major
modification to the requested entitlements and that the
impacts of the Major Modification are the same as for CPD
95 -1 and PM 5001 and that a subsequent use of the
environmental document is warranted; make the appropriate
findings; and approve Resolution No. 97- approving Major
Modification No. 1 to Commercial Planned Development 95 -1
Minutes of the City Council
Moorpark, California Page 4
December 17, 1997
and Tentative Parcel Map No. 5001 and rescinding Resolution
No. 96 -1024.
Mr. Miller gave the staff report.
In response to Mayor Hunter, Mr. Miller stated a
conditional use permit was required in order to sell
alcohol. He stated the library facilities fee would not be
applicable to this project because the project approval had
been given prior to the adoption of the fee.
In response to Councilmember Evans, Mr. Miller stated
packaged liquor is proposed to be sold.
Mayor Hunter opened the public hearing.
Michael Rue, 13522 Newport Avenue, Suite 100, Tustin,
addressed the Council representing Marketplace Properties.
He discussed the proposed changes to the project. He stated
that the traffic engineer had rendered an opinion that a
left turn lane to the site on Tierra Rejada Road would be
safe. He stated there were Rite Aid representatives
available to answer any questions.
In response to Mayor Hunter, Mr. Rue stated the perishable
items that would be available at Rite Aid.
Joe Ahearns, 484 E. Los Angeles Avenue, addressed the
Council in support of the project.
Kathy O'Green, 14093 Hargrove Court, addressed the Council
in opposition to the project.
Ed Wheelis, 14092 Hargrove Court, asked for a response to
his questions regarding left turn lanes and raised medians,
hours of operation, and roof equipment.
Gerald Goldstein, 11932 Los Angeles Avenue, suggested tile
roofs be used to prevent fires.
In response to Mayor Hunter, Ms. Kane stated that the
Council had adopted an amendment to the Zoning Ordinance
that would apply to all off premise alcohol sales.
In response to public questions, Mr. Lovett stated the
median on Spring Road would be raised. He stated the
Carlsberg project shows plans for a raised median along all
of Spring Road. Mr. Miller stated the proposed hours of
operation were from 7 a.m. -10 p.m. and the roof mounted
equipment would be screened from view.
Mr. Rue stated the grading plans would change due to the
relocation of the building. He discussed the requirements
Minutes of the City Council
Moorpark, California Page 5 December 17, 1997
for alcohol sales.
Mayor Hunter closed the public hearing.
In response to Councilmember Wozniak, Mr. Miller indicated
that liquor sales at Lucky's and Sav -on was handled through
an administrative permit. Councilmember Wozniak stated
that previously permits had been brought back to Council
for its determination.
Councilmember Wozniak requested Council discussion
regarding the median and left turn proposals on Tierra
Rejada.
Councilmember Evans indicated that he felt it was safe and
should be allowed.
Councilmember Teasley was concerned with people using the
residential development to avoid all traffic lights.
Councilmember Wozniak stated he was inclined to allow left
turn only into project.
Councilmember Perez supported the left turn into the site
from Tierra Rejada Road.
In response to Councilmember Perez, Mr. Miller stated the
County was preparing an EIR to study the proposed
connection of Moorpark Road to connect to Spring Road. He
stated the Carlsberg project reflected the same dimensions
indicated in the conditions which would provide for a
raised median on Spring Road.
MOTION: Councilmember Perez moved to approve the Minor
Modification with Condition Nos. 225 and 244 deleted. The
motion failed for lack of a second.
Mayor Hunter did not support the proposed project. He
stated he did not feel the modification satisfied the needs
or desires of the community.
Councilmember Evans stated the day care facility would
fulfill a need of the community.
Mayor Hunter stated the applicant had a currently approved
project and this modification would not benefit the people
of Moorpark.
MOTION: Mayor Hunter moved and Councilmember Wozniak seconded
a motion to deny Major Modification No. 1. The motion failed by
roll call vote 2 -3, Councilmembers Evans, Perez and Teasley
dissenting.
Minutes of the City Council
Moorpark, California Page 6
December 17, 1997
MOTION: Councilmember Evans moved and Councilmember Teasley
seconded a motion to adopt Resolution No. 97 -1413 amended as
follows:
1. Delete from paragraph 4 of Spring Road Condition No. 140 of
Major Modification No. 1 to CPD 95 -1 the following,
"Approval of the final design and construction of the
median may be deferred until such time that final alignment
of Spring Rd., with the County's proposed connector, has
been determined."
2. Delete paragraph 3 of Tierra Rejada Road Condition No. 141
of Major Modification No. 1 to CPD 95 -1.
3. Insert as new paragraph 3 of Tierra Rejada Road Condition
141 of Major Modification No. 1 to CPD 95 -1 the following,
"Left turn ingress only (not left turn egress) shall be
allowed for eastbound traffic on Tierra Rejada Road as long
as the existing left turn pocket for Spring Road is not
required to be shortened to allow the new left turn pocket.
4. Delete from paragraph 4 of Spring Road Street Improvements
Condition No. 45 of Major Modification No. 1 to Tentative
Tract Map No. 5001 the following, "Approval of the final
design and construction of the median may be deferred until
such time that final alignment of Spring Rd., with the
County's proposed connector, has been determined."
5. Delete paragraph 3 of Tierra Rejada Street Improvements
Condition No. 46 of Major Modification No. 1 to Tentative
Tract Map No. 5001.
6. Insert as new paragraph 3 of Tierra Rejada Street
Improvements Condition No. 46 of Major Modification No. 1
to Tentative Tract Map No. 5001 the following, "Left turn
ingress only (not left turn egress) shall be allowed for
eastbound traffic on Tierra Rejada Road as long as the
existing left turn pocket for Spring Road is not required
to be shortened to allow the new left turn pocket.
The motion carried by roll call vote 3 -2, Mayor Hunter and
Councilmember Wozniak dissenting.
AT THIS POINT in the meeting a recess was declared. The time
was 10:04 p.m. The Council reconvened at 10:27 p.m. with
Councilmember Perez absent for the remainder of the meeting.
9. PRESENTATIONS /ACTION /DISCUSSION:
D. Request for Authorization to initiate General Plan
Amendment and Zone Change Applications Under Preapplication
No. 97 -1 by West Pointe Homes to Amend the General Plan
Minutes of the City Council
Moorpark, California Page 7 December 17, 1997
Land Use Map on a Portion of 350 acres from RL (Rural Low)
to Low Density and Zone Change from RE -5AC to Accommodate
the Building of 350 Homes using Density Transfer in
Accordance with Section 17.38.060 of the Municipal Code on
Property Located West of Walnut Canyon Road and
Approximately 1-� Mile North of Casey Road (Assessor Parcel
Nos. 500 -0- 260 -025, -045, -085; and 500.0.270.050, -0901 -
140, -155, and -165 - site of Vesting Tentative Tract Map
No. 4620) Staff Recommendation: Not authorize initiation on
applications to change Land Use Designation of the General
Plan and Zoning until such time that the City considers a
comprehensive update of the General Plan.
Councilmember Evans indicated he would not be participating
in the discussion or decision on this item due to receiving
a campaign contribution from a related participant.
Mr. Miller gave the staff report. He indicated that the
applicant had requested a continuance to February 18, 1998.
Pete Peters, 7155 Walnut Canyon Road, addressed the Council
in opposition to the project. He was concerned with
traffic problems and water runoff.
James Hartley, 5950 Gabbert Road, addressed the Council in
regards to his concern that the neighborhood had not been
notified.
CONSENSUS: By consensus the Council determined to continue
the item to February 28, 1998.
A. Consider a Memorandum of Understanding for the Ventura
County Library System and Designate Councilmembers to Serve
as Representative and Alternate(s) to the Library Service
Commission. Staff Recommendation: 1) Approve the City's
participation in the Ventura County Library System
Memorandum of Understanding 2) Authorize the Mayor to sign
the MOU pending final language changes by the City Manager;
and 3) Select one Councilmember to serve as the City's
representative to the Library Commission and a
Councilmember to serve as the first alternate, and
designate the remaining three Councilmembers as third
alternates.
Ms. Lindley gave the staff report.
Councilmember Wozniak stated he was interested in
continuing to serve on the committee.
Councilmember Evans stated he would not be available to
serve on the committee.
Minutes of the City Council
Moorpark, California Page 8
December 17, 1997
Mayor Hunter stated he was available and interested.
MOTION: Mayor Hunter moved and Councilmember Evans seconded a
motion to appoint Councilmember Wozniak as the designate. The
motion carried by voice vote 4 -0, Councilmember Perez absent.
MOTION: Mayor Hunter moved and Councilmember Evans seconded a
motion to appoint Mayor Hunter as the first alternate. The
motion carried by voice vote 4 -0, Councilmember Perez absent.
MOTION: Mayor Hunter moved and Councilmember Evans seconded a
motion to appoint the remaining three Councilmembers as second
alternates. The motion carried by voice vote 4 -0, Councilmember
Perez absent.
MOTION: Councilmember Evans moved and Councilmember Wozniak
seconded a motion to approve the City's participation in the
Ventura County Library System Memorandum of Understanding and
authorize the Mayor to sign the MOU pending final language
changes by the City Manager. The motion carried by voice vote
4 -0, Councilmember Perez absent.
B. Consider Resolution No. 97 -1414 Rescinding Resolution No.
96 -1260, Updating Solid Waste Collection Fees. Staff
Recommendation: 1) Approve the solid waste collection fees
effective January 1, 1998, increasing the monthly
residential base rate by $0.21, increasing the residential
Senior /Super Recycler discounted rate by $0.16, and
increasing the commercial bin rates by the amounts
specified in attachment "A" of the staff report; and 2)
Adopt Resolution No. 97 -1414, rescinding Resolution No. 96-
1260, approving the solid waste collection fees and
updating Exhibit G of the Franchise Agreements, effective
January 1, 1998.
Ms. Lindley gave the staff report.
In response to Councilmember Teasley, Ms. Lindley stated
she would provide information regarding how many seniors
would be affected by the fee increase. She explained that
there was an agreement that spelled out how rates would be
adjusted. Mr. Kueny stated it was an option for the City to
absorb the additional cost but that was typically based on
income not age.
_ MOTION: Councilmember Wozniak moved and Councilmember Evans
seconded a motion to approve the staff recommendation. The
motion carried by voice vote 4 -0, Councilmember Perez absent.
C. Consider Approval of Minor Modification No. 3 to Commercial
Planned Development Permit No. 96 -2 (Moorpark Caymus) for
a proposed outside patio with seating at the Starbucks
Minutes of the City Council
Moorpark, California Page 9 December 17, 1997
Coffee located at 561 New Los Angeles Avenue (APN 512 -0-
180 -100). Staff Recommendation: Adopt Resolution No. 97-
1415 approving Planned Development Permit No. 943 Minor
Modification No. 3.
Mr. Miller gave the staff report.
In response to Mayor Hunter, Mr. Miller stated there are
currently 20 outdoor seats.
MOTION: Councilmember Wozniak moved and Mayor Hunter seconded
a motion to approve staff recommendation.
In response to Councilmember Evans, Mr. Miller stated the
outdoor seating was calculated to be proportional to the
indoor seating and parking.
Mayor Hunter withdrew his second.
Captain Lewis addressed the north facing seating. He
stated the concern was that people would congregate and not
be visible to employees.
Mr. Miller stated seating on the north side might not meet
the American's with Disabilities Act (ADA) requirements.
In response to Mayor Hunter, Mr. Miller stated there was a
reciprocal access agreement with the adjacent parcel.
MOTION: Mayor Hunter moved and Councilmember Evans seconded a
motion to adopt Resolution No. 97 -1415 amended as follows:
1) Delete Condition No. 1
2) Strike the first sentence of Condition No. 2
3) Delete Condition No. 3
The motion carried by voice vote 4 -0, Councilmember Perez
absent.
MOTION: Mayor Hunter moved and Councilmember Evans seconded a
motion to direct staff to bring back a resolution directing the
Planning Commission to study and make a recommendation
pertaining to outside seating areas and parking for restaurants.
The motion carried by voice vote 4 -0, Councilmember Perez
absent.
10. CONSENT CALENDAR:
MOTION: Councilmember Wozniak moved and Councilmember Evans
seconded a motion to pull Items 10.D., 10.H., 10.I. and 10.P.
and approve the balance of the Consent Calendar. The motion
carried by roll call vote 4 -0, Councilmember Perez absent.
Minutes of the City Council
Moorpark, California Page 10
December 17, 1997
A. Consider Approval of Minutes of the Regular City Council
Meeting of October 15, 1997.
Consider Approval of Minutes of the Special City Council
Meeting of November 5, 1997.
Consider Approval of Minutes of the Regular City Council
Meeting of November 5, 1997.
Consider Approval of Minutes of the Special City Council
Meetina of November 12, 1997.
Consider Approval of Minutes of the Special City Council
Meeting of November 19, 1997.
Consider Approval of Minutes of the Regular City Council
Meetina of November 19, 1997.
Consider Approval of Minutes of the Special City Council
Meeting of November 26, 1997.
Staff Recommendation: Approve the minutes as processed.
B. Consider Approval of Warrant Register of December 3, 1997.
Fiscal Year 1997/98
Manual Warrants
Voided Warrants
Regular Warrants
30077 - 30216
40154 - 40156
34491
40157 - 40192 - D
40193 - 40260 - V
$ 28.00
$ 3,132.66
$ 11,000.00
$ 372,560.11
$ 63,382.26
Staff Recommendation: Approve the Warrant Registers.
C. Consider Approval of Warrant Reaister of December 17, 1997.
Fiscal Year 1997/98
Manual Warrants 40261 - 40268 $ 14,027.76
Regular Warrants 40269 - 40292 - D $ 26,077.77
40293 - 40355 - V $ 118,198.56
Staff Recommendation: Approve the Warrant Registers.
E. Consider Adoption of Resolution No. 97 -1417 Rescinding
Resolution No. 96 -1210 and Adopting Revised Council
Policies. Staff Recommendation: Adopt Resolution No. 97-
1417 rescinding Resolution No. 96 -1210 and revising the
Minutes of the City Council
Moorpark, California Page 11
Council Policies resolution.
December 17, 1997
F. Consider Adoption of Resolution No. 97 -1418 Reciting the
Facts of the Special Municipal Election Held on November 4,
1997 and Declaring the Election Results. Staff
Recommendation: Adopt Resolution No. 97 -1418.
G. Consider Approving the City Manager's Merit Salary
Increase. Staff Recommendation: Approve a step increase
from 91D to 91F, retroactive to the applicable anniversary
date of July 1997, for the City Manager, and that future
consideration of merit salary increases shall conform to
the same process as used for the Assistant City Manager and
Department Head positions.
I. Consider Notice of Completion for Tierra Rejada / Moorpark
Intersection Improvements. Staff Recommendation: 1) Accept
the work as complete, except as noted in the staff report;
2) Instruct the City Clerk to file a Notice of Completion
for the project; and 3) Authorize the release of the
retention upon satisfactory clearance of the thirty five
(35) day lien period and completion of all labor compliance
documentation.
J. Consider City Council and MRA Resolutions Amending the FY
1997/98 Budget to Fund Certain Additional Costs for a)
Radio Equipment Service; b) Pedestrian Bridge Easement
Acquisition; and c) Tierra Rejada Road Right -of -Way
Annexation (Watt Property)[Affecting Funds 200, 210, 220,
240, 400 and 410]. Staff Recommendation: Adopt Resolution
No. 97- , approving certain amendments to the FY 1997/98
Budget and certain additional appropriations summarized as
follows:
1. Radios:
a)
Public Works [Account No.
240.801.0000.000.9901]:
from $6,000 to
$5,540 ($460 decrease);
b)
Crossing Guards
[Account No.
200.802.0000.000.99011 :
from $450 to $850
($400 increase) ;
c
Parks Maintenance
[Account No.
210.710.0000.000.9901]:
from $18,165 to
$18,665 ($500 increase);
and
d)
Code Enforcement [
Account No.
220.600.0000.000.9901]:
from $0 to $200
^,
($200 increase);
2. Arroyo Vista Park Access Bridge (Right -of -Way):
(Account
No. 400.801.8002.803.9901):
from $0 to
$30,000
($30,000 increase)
3. Tierra Rejada Road Widening
(Right -of -Way):
(Account
No. 400.801.8057.803.9901):
from $0 to $3,000
($3,000
increase)
Minutes of the City Council
Moorpark, California Page 12 December 17, 1997
K. Consider Conceptual Approval of Proposed Relinquishment of
Certain Surplus Freeway Right -of -Way to the City, Located
on the North Side of Tierra Rejada Road Just West of the
Route 23 Freeway [Tract 4974]. Staff Recommendation:
Approve in concept the proposed future relinquishment to
the City of certain surplus Caltrans right -of -way located
on the north side of Tierra Rejada Road west of the Route
23 freeway.
L. Consider a Revision to the 1998 Communitv Development Block
Grant (CDBG) Calendar, Moving Requests for Proposals (RFP)
from the First Week in January, to the Second Week in
December. Staff Recommendation: Revise CDBG calendar and
authorize staff to solicit proposals beginning December 18,
1997, and ending January 23, 1998.
M. Consider Approval of a Use Agreement with Moorpark Bovs and
Girls Club - Moorpark Basketball Association. Staff
Recommendation: Approve the proposed draft agreement with
MBA for use of the gym at AVCP for authorized practices and
games, pending final language approval by the City Manager
and authorize the City Manager to sign the Agreement on
behalf of the City.
N. Consider Approval of a Build Over Aareement Between the
City and Pacific Bell Company Required by the Spring Road
Bridge Reconstruction Project. Staff Recommendation:
Authorize the City Manager to execute the subject "Build
Over" Agreement between the City and Pacific Bell, subject
to final language approval by the City Attorney and City
Manager.
0. Consider Releasing the Certificate of Deposit #5533 for
Grading Permit #GP -51. Staff Recommendation: Release
Certificate of Deposit #5533 to: General Optics, Inc. 554
Flinn Avenue, Moorpark, CA 93021
P. Consider Award of Bid for Arroyo Vista Community Park Phase
II Conceptual Design. Staff Recommendation: 1) Award bid
to Takata & Associates for $12,904 to prepare the
conceptual design for AVCP Phase II; 2) Pending final
contract language approval by the City Manager, authorize
the City Manager to sign a professional services agreement
with Takata & Associates; and 3) Approve Resolution No. 97-
1420, amending the 1997/98 budget by appropriating $18,100
as from the General Fund as a loan to the Park Improvement
Fund (Community Zoning) , and transferring the funds from
the Park Improvement Fund to the Capital Improvement Fund
for expenditure.
The following items were pulled from the Consent Calendar for
individual consideration:
Minutes of the City Council
Moorpark, California Page 13
December 17, 1997
D. Consider Adoption of Resolution No. 97 -1416 Rescinding
Resolution No. 97 -1276 and Adopting Revised Rules of
Procedure. Staff Recommendation: Adopt Resolution No. 97-
1416 rescinding Resolution No. 97 -1276 and revising the
Council Rules of Procedure after determining whether to
include (1) revisions to the order of business relative to
Public Comment and Reordering of, and Additions to, the
Agenda; and (2) revising the format for special meeting
agendas to be consistent with regular meeting agendas.
Mayor Hunter explained his reasoning for wanting to include
reordering the agenda and allowing public comments at
special meetings.
MOTION: Mayor Hunter moved and Councilmember Evans seconded a
motion to approve adopt Resolution No. 97 -1416 rescinding
Resolution No. 97 -1276 and revise the Council Rules of Procedure
including (1) revisions to the order of business relative to
Public Comment and Reordering of, and Additions to, the Agenda;
and (2) revising the format for special meeting agendas to be
consistent with regular meeting agendas. The motion carried by
unanimous voice vote 4 -0, Councilmember Perez absent.
H. Consider Notice of Completion for Miscellaneous Concrete
Work. Staff Recommendation: 1) Accept the work as
complete, except as noted in the staff report; 2) Instruct
the City Clerk to file a Notice of Completion for the
project; and 3) Authorize the release of the retention upon
satisfactory clearance of the thirty five (35) day lien
period and completion of all labor compliance
documentation.
In response to Mayor Hunter, Mr. Lovett stated all work was
complete.
MOTION: Mayor Hunter moved and Councilmember Wozniak seconded
a motion to approve staff recommendation with 1) to read as
follows: "Accept the work as complete." The motion carried by
voice vote 4 -0, Councilmember Perez absent.
I. Consider Notice of Completion for Tierra Rejada / Moorpark
Intersection Improvements. Staff Recommendation: 1) Accept
the work as complete, except as noted in the staff report;
2) Instruct the City Clerk to file a Notice of Completion
for the project; and 3) Authorize the release of the
_ retention upon satisfactory clearance of the thirty five
(35) day lien period and completion of all labor compliance
documentation.
In response to Mayor Hunter, Captain Lewis discussed the
decrease in accidents at the intersection.
Minutes of the City Council
Moorpark, California Page 14
December 17, 1997
Mayor Hunter requested a box item report on accident
statistics at the Tierra Rejada Road /Moorpark Road
intersection on a quarterly basis.
MOTION: Mayor Hunter moved and Councilmember Wozniak seconded
a motion to approve the staff recommendation with 1) to read as
follows: "Accept the work as complete." The motion carried by
voice vote 4 -0, Councilmember Perez absent.
P. Consider Award of Bid for Arroyo Vista Community Park Phase
II Conceptual Design. Staff Recommendation: 1) Award bid
to Takata & Associates for $12,904 to prepare the
conceptual design for AVCP Phase II; 2) Pending final
contract language approval by the City Manager, authorize
the City Manager to sign a professional services agreement
with Takata & Associates; and 3) Approve Resolution No. 97-
1420, amending the 1997/98 budget by appropriating $18,100
as from the General Fund as a loan to the Park Improvement
Fund (Community Zoning), and transferring the funds from
the Park Improvement Fund to the Capital Improvement Fund
for expenditure.
CONSENSUS: By consensus the Council determined to refer
discussion of the Arroyo Vista Community Park Phase II
Conceptual Design to the Budget and Finance Committee.
Mr. Kueny suggested approving the resolution in the amount
of $3,000 to cover the costs for services already rendered.
MOTION: Councilmember Evans moved and Councilmember Wozniak
seconded a motion to adopt Resolution No. 97 -1420 for the
revised amount of $3,000. The motion carried by roll call vote
4 -0, Councilmember Perez absent.
11. ORDINANCES:
None.
12. CLOSED SESSION:
MOTION: Councilmember Wozniak moved and Councilmember Evans
seconded a motion to adjourn to Closed Session for a discussion
of one item under A as listed below:
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)
The motion carried by voice vote 4 -0, Councilmember Perez
absent.
Minutes of the City Council
Moorpark, California Page 15
December 17, 1997
AT THIS POINT in the meeting the Council recessed. The time was
11:18 p.m. The Council reconvened into closed session at 11:23
p.m.
Present in closed Session were all Councilmembers except
Councilmember Perez; Steven Kueny, City Manager; Cheryl
Kane, City Attorney; and Don Reynolds, Administrative
Services Manager.
The Council reconvened into open session at 11:25 p.m.
MOTION: Councilmember Wozniak moved and Councilmember Evans
seconded a motion to reject the claim of James Donovan Jr. The
motion carried by voice vote 4 -0, Councilmember Perez absent.
13. ADJOURNMENT:
MOTION: Councilmember Wozniak moved and Councilmember Evans
seconded a motion to ad'ou The motion ca ried b voice vote
4 -0, Councilmember Perez bse t. Th ti Aas 11:27 p.m.
ATTEST:
X, d2p� paps
Lisa Pope, Deputy
Patrick Hunter, Mayor