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HomeMy WebLinkAboutMIN 2000 0105 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California January 5, 2000 A Regular Meeting of the City Council of the City of Moorpark was held on January 5, 2000 in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 6:47 p.m. 2. INVOCATION: Pastor Errol Hale, Shiloh Community Church, led the invocation. 3. PLEDGE OF ALLEGIANCE: Sergeant Ron Nelson led the Pledge of Allegiance. �N elgvwy.R� Present: Councilmembers Harper, Rodgers, Wozniak and Mayor Hunter Absent: Councilmember Evans Staff Present: Steven Kueny, City Manager; John Nowak, Assistant City Manager; Cheryl Kane, City Attorney; Ken Gilbert, Director of Public Works; Wayne Loftus, Director of Community Development; Mary Lindley, Director of Community Services; Dirk Lovett, Assistant City Engineer; Captain Mike Lewis, Sheriff's Department; John Libiez, Principal Planner; Graham Mitchell, Senior Management Analyst; Mike Mathews, Senior Management Analyst; Deborah Traffenstedt, City Clerk; and La -Dell VanDeren, Deputy City Clerk 5. PROCLAMATIONS AND COMMENDATIONS: A. Introduce New City Employee: Gwendolyn Indermill, Recreation Superintendent. Mayor Hunter introduced the City's new Recreation Superintendent, Gwendolyn Indermill. Minutes of the City Council Moorpark, California Page 2 January 5, 2000 B. Introduce Sergeant Ron Nelson. Mayor Hunter introduced Sergeant Ron Nelson with the Moorpark Police Department. C. Introduce Ventura County Transportation Commission (VCTC) Poster Contest Winners: Ken Klimaszewski and Will Vitanza. Mayor Hunter and Councilmember Wozniak introduced the VCTC Poster Contest Winners. 6. PUBLIC COMMENT: Richard Parker and William Tewksbury introduced themselves to the Council as Ventura County Grand Jury members. Gerald Goldstein, 11932 Los Angeles Avenue, commented on removal of some of his possessions from his property as a result of a court - ordered cleanup. AT THIS POINT in the meeting, a recess was declared to convene the Redevelopment Agency. The time was 7 :03 p.m. The Council reconvened at 7:26 p.m. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: None. 9. PUBLIC HEARINGS: A. Consider Conditional Use Permit No. 99 -5, a Request to Allow the Sale of Alcoholic Beverages Other than Beer and Wine at an Eating Place as Proposed for Lalos Restaurant in Moorpark Plaza at the Southeast Corner of New Los Angeles Avenue and Spring Road, Fidel Barcenas, Applicant (APN 512 -0- 150 -700). Staff Recommendations: 1) Open the public hearing, accept public testimony, and close the public hearing; 2) Review, consider, and accept the finding that this request is exempt from provisions of CEQA; and 3) Adopt Resolution No. 2000 -1685 approving Conditional Use Permit No. 99 -5. Mr. Loftus gave the staff report. Minutes of the City Council Moorpark, California Page 3 January 5, 2000 —' In response to Councilmember Wozniak, Mr. Loftus stated that hours of operation are consistent with the hours permitted for the commercial center the business is located in. Mayor Hunter opened the public hearing. Bernardo Perez, 4237 Canario Court, representing the applicant, stated that he agreed with the staff recommendation and asked for approval. Mayor Hunter closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to find that the request is exempt from provisions of CEQA and adopt Resolution No. 2000 -1685 approving Conditional Use Permit No. 99 -5. The motion carried by voice vote 4 -0, Councilmember Evans absent. B. Consider the Tax Eauity Fiscal Responsibility Act ( TEFRA) Hearing Related to the Villa Del Arroyo Mobile Home Park. Staff Recommendations: 1) Open the public hearing and take testimony from the public; 2) Close the public hearing; and 3) Approve a motion that the TEFRA requirement of the IRS has been met for Augusta Homes, and public comments have been duly recorded. Mr. Nowak gave the staff report. Mayor Hunter opened the public hearing. Ms. Traffenstedt announced that she had received one written statement card in support of the staff recommendation from Rosalie Gehres. Mayor Hunter closed the public hearing. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to find that the TEFRA requirement of the IRS has been met for Augusta Homes, and public comments have been duly recorded. The motion carried by voice vote 4 -0, Councilmember Evans absent. C. Consider Resolution No. 2000 -1686 to Enable the Enforcement of the California Vehicle Code in the Privately Owned Parking Facilities at Three D Enterprises /Pinecrest Schools Located at 14100 Peach Hill Road (Tract 4974 Lot 4, CPD 98 -1). Staff Recommendation: Adopt Resolution No. 2000 -1686 declaring the privately owned parking facilities at 14100 Peach Hill Road to be Minutes of the City Council Moorpark, California Page 4 January 5, 2000 subject to certain provisions of the California Vehicle Code. Mr. Mathews gave the staff report. Mayor Hunter opened the public hearing, and there being no speakers, closed the public hearing. MOTION: Councilmember Wozniak moved and Mayor Hunter seconded a motion to adopt Resolution No. 2000 -1686 declaring the privately owned parking facilities at 14100 Peach Hill Road to be subject to certain provisions of the California Vehicle Code. The motion carried by voice vote 4 -0, Councilmember Evans absent. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Recxuest for Centennial Monument to DiSDlav an E1 Camino Real Bell on High Street. Staff Recommendation: Consider the request to erect a monument to display an E1 Camino Real bell on High Street and review its location, size, design and construction. Mr. Mitchell gave the staff report. Debbie Ryono, 4458 Cedarglen Court, discussed plans for the proposed Centennial Monument. She stated that the Moorpark High School Business Academy would be assisting with marketing of engraved bricks and she summarized other participants and planned activities. Ginger Brandenburg and Elizabeth Perez, representing the Moorpark High School Business Academy, stated the students would be marketing the "Buy a Brick be Remembered" campaign. Mr. Mitchell stated that Centennial Committee would design for the monument. if approval is given, the come back with a specific In response to Councilmember Rodgers, Ms. Ryono stated that the idea was to build a monument and also use the engraved bricks for a walkway. In response to Councilmember Harper, Ms. Ryono stated that Moorpark was not along the path of the Camino Real but was a part of the Rancho Simi land grant. In response to Councilmember Rodgers, Mr. Mitchell stated that the Centennial Committee wants the Council's Minutes of the City Council Moorpark, California Page 5 January 5, 2000 approval to sell the bricks and proceed with the design and determining the exact location. MOTION: Councilmember Rodgers moved and Mayor Hunter seconded a motion to have the Centennial Committee proceed with the design and determining the exact location of a Centennial Monument. The motion carried by voice vote 4 -0, Councilmember Evans absent. B. Consider Name for Park in Specific Plan 92 -1 (Carlsber Staff Recommendation: The Parks and Recreation Commission recommends that the City Council approve Sereno Ridge as the name for the park under construction in Specific Plan 92 -1. Ms. Lindley gave the staff report. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to direct staff to prepare a resolution for approval of Sereno Ridge as the name for the park under construction in Specific Plan 92 -1. The motion carried by voice vote 4 -0, Councilmember Evans absent. C. Consider Report on Moorpark Community Events. Staff Recommendation: Direct staff as deemed appropriate. Ms. Lindley gave the staff report. Councilmember Harper stated that his goals were to see if the City could participate more, whether discontinued events should be reinstated, and to see if a carnival could be introduced in conjunction with a planned community event. He stated that the Parks and Recreation Commission could provide recommendations. Councilmember Wozniak stated that he concurred with Councilmember Harper and that a carnival could be incorporated into one or more community events and that the Parks and Recreation Commission could have a role. Councilmember Rodgers suggested that one or two Parks and Recreation Commissioners participate on an ad hoc committee. Mr. Kueny stated that it may be appropriate to have a discussion of the role of the City versus the Chamber of -- Commerce. He asked if there were specific activities that the Council would like to see reinitiated and stated that staff could then make budget recommendations. Minutes of the City Council Moorpark, California Page 6 January 5, 2000 Mayor Hunter stated that he would not like to restrict the committee but that the Council should identify priorities and then let the committee meet to develop recommendations. He also stated that he wanted to see a July 3rd event reinstated. Mr. Kueny stated that the Council may want to focus on discontinued events such as concerts. Mayor Hunter stated that he would like to have a concert scheduled before the July 3rd fireworks. Councilmember Harper stated that the July 3rd event could be expanded to two days and incorporating a carnival. In response to Councilmember Harper, Mr. Kueny stated that conditions of approval would be imposed for a carnival on private property but that the City could facilitate. Councilmember Rodgers stated that it was important to know how the budget would be affected. She also stated that a carnival required a level site, water, police, and other services, and that staff should research and report back with details. Councilmember Harper stated that a carnival at Arroyo Vista Community Park should be considered and that he would like to see the concerts in the park and the Labor Day picnic reinstated. He stated that in Thousand Oaks contributions are requested for concerts. Mr. Kueny summarized that the Parks and Recreation Commission would be requested to provide recommendations on new community events, how to enhance existing events, community events that should be reinstated, and whether a carnival should be incorporated into one or more community events. He also stated that the City's role in Country Days would be discussed with the Economic Development Committee and the Chamber of Commerce. CONSENSUS: By consensus, the Council: 1) Directed staff to discuss the City's participation in Country Days with the Economic Development Committee and Moorpark Chamber of Commerce; 2) Directed staff to research a carnival to be held in the City; and 3) Directed the Parks and Recreation -- Commission to provide recommendations on how to enhance existing events, new events to be considered, discontinued events that should be reconsidered, and inclusion of a carnival in conjunction with a community event. Minutes of the City Council Moorpark, California Page 7 January 5, 2000 D. Consider August 18, 1999, City Council Minute Action Regarding Early Construction of the Park in the Carlsberg Specific Plan. Staff Recommendations: 1) Reconsider action taken at the August 18, 1999, meeting to require amendment of the Carlsberg Settlement Agreement to allow Carlsberg to proceed with early construction of the park; and 2) Reconsider the vote on August 18, 1999, and approve revised action to approve Carlsberg's request to proceed with early construction of the park without amending the Carlsberg Settlement Agreement. Ms. Lindley gave the staff report. In response to Mayor Hunter, Mr. Kueny explained the procedure for the Council to rescind its prior action. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to rescind the prior action on August 18, 1999, to require amendment of the Carlsberg Specific Plan Settlement Agreement. The motion carried by voice vote 4 -0, Councilmember Evans absent. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to approve the request from Carlsberg to proceed with early construction of the park in the Carlsberg Specific Plan area. The motion carried by voice vote 4 -0, Councilmember Evans absent. AT THIS TIME in the meeting, a recess was declared. The time was 8:17 p.m. The Council meeting was reconvened at 8:45 p.m. E. Consider Discussion of Requirements Related to the Review of Bids and the Award of Contracts for Public Works Construction Projects. Staff Recommendation: Direct staff as deemed appropriate. Mr. Gilbert gave the staff report. Mayor Hunter stated that he would like to see the City have more authority in awarding contracts. In response to Mayor Hunter, Mr. Gilbert stated that a major project is $50,000 or higher. He also stated that in order to disqualify a contractor there would have to be a serious justification, such as a contractor walked away from a job without completing the project. Councilmember Rodgers stated that some companies gave a low bid and then used change orders to increase their profit. Minutes of the City Council Moorpark, California Page 8 January S, 2000 Mr. Kueny stated that the Council appears to want a better system and that staff could request more background information be provided by contractors bidding on larger projects and that the City Attorney would need to be consulted. Mayor Hunter stated that cities need greater latitude and authority in awarding contracts and that contractors should have to demonstrate experience. Councilmember Harper stated that contractors always bid low and then request change orders. He suggested that there may be a sample ordinance already drafted to further protect the City. Councilmember Wozniak stated that government has the least protection from fraud and that the existing law should be changed. CONSENSUS: By consensus, the Council directed staff to bring back further recommendations within 30 days on requirements related to the review of bids and the award of contracts for Public Works construction projects, and to incorporate more thorough screening methods in the City's bidding documents. F. Consider Use of the Citywide Traffic Mitigation Fee to Fund Efforts to Prohibit Truck Traffic on Los Angeles Avenue (SR 118) West of the Freeway. Staff Recommendation: Authorize use of monies collected through the Citywide Traffic Mitigation Fee to fund City efforts to establish a truck prohibition on State Route 118. Mr. Gilbert gave the staff report. Lori Nowaski, 4496 Skyglen Court, representing the Chamber of Commerce, suggested that Moorpark coordinate with a survey already planned pertaining to traffic impacts from Port Hueneme expansion plans. Councilmember Wozniak stated that the plan was to build a deep -water port and that a Ventura County Transportation Commission survey was planned to address truck traffic. Mayor Hunter stated that use of the Citywide Mitigation Fees was a good idea to fund City efforts to establish a truck prohibition. Councilmember Harper stated that he agreed with the staff recommendation. Minutes of the City Council Moorpark, California Page 9 January 5, 2000 MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to authorize use of monies collected through the Citywide Traffic Mitigation Fee to fund City efforts to establish a truck prohibition on State Route 118. The motion carried by voice vote 4 -0, Councilmember Evans absent. G. Consider Authorization to Prepare and Distribute Mail Ballots Related to the Levy of Landscape Maintenance Assessments upon the Properties within Zone 12 of Assessment District 84 -2 - Carlsberg Specific Plan. Staff Recommendation: Approve Alternate Allocation Formula M as described in the agenda report and direct staff to proceed with the preparation and distribution of Mail Ballots for the Zone 12 assessment for FY 2000/2001. Mr. Gilbert gave the staff report. He stated that staff was recommending Alternate Allocation Formula M, amended to include the public properties within the Carlsberg Specific Plan area. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to approve Alternate Allocation Formula M, as described in the agenda report and amended to include the public properties within Zone 12, and directed staff to proceed with the preparation and distribution of Mail Ballots for the Zone 12 assessment for FY 2000/2001. The motion carried by voice vote 4 -0, Councilmember Evans absent. H. Consider Minor Modification Nos. 7 and 8 to Major Modification No. 1 to Commercial Planned Development Permit 90 -2 for Construction of Pad Buildings B and C in Mountain Meadows Plaza Commercial Center Located on the Southwesterly Corner of Mountain Trail Street and Tierra Rejada Road; Moorpark Properties, Applicant (APN 505 -0- 300-11 and 505 -0- 300 -12) Staff Recommendation: Adopt Resolution No. 2000 -1687 conditionally approving Minor Modification Nos. 7 and 8 of Major Modification No. 1 to Commercial Planned Development Permit No. 90 -2. Mr. Loftus gave the staff report. In response to Mayor Hunter, Mr. Loftus stated that the City has not accepted planting in the median strip in Country Trail Street and that separate meters needed to be installed and money deposited for maintenance. He also stated that staff was asking the new owner of the center to comply with the prior condition of approval requiring a second left -turn lane from Los Angeles Avenue to Tierra Rejada Road. Minutes of the City Council Moorpark, California Page 10 January 5, 2000 In response to Mayor Hunter, Mr. Loftus explained that staff was recommending that the trash enclosure locations be reduced to one to be located near Pad C. In response to Councilmember Wozniak, Mr. Loftus stated that the new lighting regulations in the Zoning Code would be applied to this project. In response to Councilmember Harper, Mr. Loftus stated that any patio seating for a restaurant would require a modification to the Commercial Planned Development Permit. In response to Councilmember Harper, Mr. Loftus stated that staff and the City's contract Landscape Architect are recommending additional trees be planted at the corner that was originally proposed for an art feature. Councilmember Harper stated he would prefer a water feature as an entry statement. Sean Robert, 1990 S. Bundy Drive, V' Floor, Los Angeles, Nadel Architects, representing the applicant, stated that they agreed with the trash enclosure condition and screening of buildings, but are concerned with a requirement for additional trees to be planted at the corner. He requested that language be added to require the trees if American Stores would participate in the cost. He also stated that draft conditions numbered 15 and 16 were the responsibility of American Stores for the entire center and asked the City Council to use the bonds to finance compliance with those requirements and revise the conditions for their project. Kevin Deighan, 4365 Executive Drive, No. 250, San Diego, representing Moorpark Partners LLC, stated that they have an option to purchase five building pads from American Stores. He also stated that American Stores should maintain responsibility for the median, the left -turn lane, and corner enhancement, and requested that the City enforce the conditions of approval for the commercial center. In response to Mayor Hunter, Mr. Kueny stated that there should be no further occupancies approved until American Stores has complied with the original requirements. He also stated that conditions 15 and 16 are appropriately written and that condition 4 should be rewritten to limit occupancy. He stated that the applicant could request reconsideration of the conditions if compliance cannot be achieved. Minutes of the City Council Moorpark, California Page 11 January 5, 2000 — In response to Councilmember Rodgers, Mr. Deighan stated that they had not yet closed escrow on the five pads, and that they cannot move forward until the City and American Stores resolve the issues. Mr. Loftus stated that the City has a bond for the left - turn lane, but that it would not fully cover the cost to construct the project. He stated that there was also an application on file for a parcel map to allow a childcare center on the project site. Ms. Traffenstedt stated that one written statement card had been received from John Sable in opposition to more fast food restaurants. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adopt Resolution No. 2000 -1687 conditionally approving Minor Modification Nos. 7 and 8 of Major Modification No. 1 to Commercial Planned Development Permit No. 90 -2 including an amendment to condition No. 4. Mayor Hunter asked for an amendment to the motion to direct staff to work with the applicant on the design of the trash enclosures for the center. Councilmembers Harper and Wozniak agreed to the amendment. AMENDED MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adopt Resolution No. 2000-1687 conditionally approving Minor Modification Nos. 7 and 8 of Major Modification No. 1 to Commercial Planned Development Permit No. 90 -2, including an amendment to condition No. 4, and directing staff to work with the applicant on the design of the trash enclosures for the center. The motion carried by voice vote 4 -0, Councilmember Evans absent. John Sable, 11549 Treeview Court, verbally stated that he had concerns regarding a childcare center. In response to Mayor Hunter, Mr. Loftus stated that the day care center was not a part of the application under consideration and that there would be a public hearing for a childcare center application with mailed notice and newspaper advertisement. I. Consider Status of Lighting Issues and Determine if Resolution is Complete at the Marketplace Properties Commercial Center (Rite Aid /Kindercare). Staff Recommendation: Concur that the modified lighting satisfies the conditions of approval. Minutes of the City Council Moorpark, California Page 12 Mr. Loftus gave the staff report. January 5, 2000 Councilmember Harper stated that the lighting at the center looks greatly improved. In response to Mayor Hunter, Mr. Kueny stated that staff wants the Council's concurrence that lighting related conditions have been satisfied. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion concurring that the modified lighting satisfies the conditions of approval. The motion carried by voice vote 4 -0, Councilmember Evans absent. J. Consider Clarification of the Terms and Conditions of the Amended Grading Agreement Approved to Allow Construction of Tentative Tract 4980 Lennar Homes of California and Western Pacific Housing. Staff Recommendation: Receive and file this report. Mr. Loftus gave the staff report. Mr. Kueny stated that the intent was to have Lennar Homes explain the relationship with the builders and grading within the Carlsberg Specific Plan area. Bon Santos, 24800 Chrisanta, Mission Viejo, stated he was the President of Lennar Communities and that they prepare the land for building of homes for guest builders as well as Lennar Homes. He also stated that they have entered into an early grading agreement with the City to mass grade within the Carlsberg Specific Plan area. He explained the differences between what rough and fine grading of a site involved. In response to Mayor Hunter, Mr. Santos stated that they have sold land to Richmond American Homes and Western Pacific, and that a subsidiary of Lennar, called Greystone Homes, would also be building within the Carlsberg Specific Plan area. CONSENSUS: By consensus, the Council determined to receive and file the report. K. Consider the Status of Grading and Soil Export for Tract -- 4976 and Tract 4977 - Lennar Communities. Staff Recommendations: Approve the transport of the additional 6,600 cubic yards of soil from Tract 4977 to Tract 4976 subject to the following conditions: 1) A grading permit shall be requested and the payment of appropriate grading Minutes of the City Council Moorpark, California Page 13 January 5, 2000 permit fees for the added yardage transported shall be paid to the City; 100% of which shall be retained by the City; and 2) Payment of a penalty fee equal to twice the amount of the grading fee required for the increased yardage of soil transported without appropriate permits; 100% of which shall be retained by the City. Mr. Loftus gave the staff report. In response to Mayor Hunter, Mr. Loftus stated that Lennar Communities had accepted responsibility for transport of soil without a grading permit. Bon Santos, 24800 Chrisanta, Mission Viejo, President of Lennar Communities, stated that they will correct their mistake and apologized for the error. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to approve the transport of the additional 6,600 cubic yards of soil from Tract 4977 to Tract 4976 subject to the following conditions: 1) A grading permit shall be requested and the payment of appropriate grading permit fees for the added yardage transported shall be paid to the City; 100% of which shall be retained by the City; and 2) Payment of a penalty fee equal to twice the amount of the grading fee required for the increased yardage of soil transported without appropriate permits; 100% of which shall be retained by the City. The motion carried by voice vote 4- 0, Councilmember Evans absent. L. Consider a Request by Lennar Homes to Increase the Building Pad Elevation on Fifty -Seven (57) Lots in Tract 4977, by up to 3.3 Feet above the Tentative Map Approved Elevation. Staff Recommendation: Approve the proposed changes in lot pad elevation consistent with the plat map of Assistant City Engineer memo of 12/22/99 to a maximum of 3.3 feet above the lot pad elevations on the approved Tentative Map 4977. Mr. Loftus gave the staff report. In response to Mayor Hunter, Mr. Loftus stated that the error by the developer's engineers resulted from measuring the change by the grading plan versus the approved tentative map. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to approve the proposed changes in lot pad elevation consistent with the plat map of Assistant City Engineer memo of 12/22/99 to a maximum of 3.3 feet above the Minutes of the City Council Moorpark, California Page 14 January 5, 2000 lot pad elevations on the approved Tentative Map 4977. The motion carried by voice vote 4 -0, Councilmember Evans absent. M. Consider Action on the Citizen Budget Review Committee. Staff Recommendation: Direct staff as deemed appropriate. Mr. Nowak gave the staff report. CONSENSUS: By consensus, the Council determined to continue this item to the January 19, 2000 regular meeting. N. Consider City Council Standing and Ad Hoc Committee Appointments and Other Committee Assignments and Regular Meeting Schedule for Standing Committees in the Year 2000. Staff Recommendation: Approve the Council Standing Committee appointments and a Regular Meeting Schedule for the Year 2000. Ms. Traffenstedt gave the staff report. Mayor Hunter requested that under Other Agency Appointments, Councilmember Wozniak be shown as a regular member of the Ventura County Transportation Commission (VCTC). Councilmember Harper stated that he was shown as the alternate for the Ventura County Council of Governments (VCOG) and that his work schedule precluded his attendance. Mayor Hunter suggested that the alternate for VCOG be listed as any remaining Councilmember. MOTION: Mayor Hunter moved and Councilmember Wozniak seconded a motion to approve the Council Standing Committee appointments as amended for VCTC and VCOG, and approve a Regular Meeting Schedule for the Year 2000, with no changes to meeting times. The motion carried by voice vote 4 -0, Councilmember Evans absent. 11. CONSENT CALENDAR: Mayor Hunter requested that Items 11.D. and 11.F. be pulled. MOTION: Councilmember Wozniak moved and Councilmember Rodgers seconded a motion to approve the consent calendar with the exception of Items 11.D. and 11.F. The motion carried by roll call vote 4 -0, Councilmember Evans absent. A. Consider Approval of Minutes of Regular Meeting of August 18, 1999. Minutes of the City Council Moorpark, California Page 15 January 5, 2000 Consider Approval of Minutes of Special Meeting of October 20, 1999. Consider Approval of Minutes of Special Meeting of November 3, 1999. Consider Approval of Minutes of Regular Meeting of November 3, 1999. Consider Approval of Minutes of Regular Meeting of November 17, 1999 Consider Approval of Minutes of Special Meeting of December 1, 1999. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register - December 15, 1999. Fiscal Year 1999/00 Manual Warrants Voided Warrants Regular Warrants 101143 - 101149 101081 & 101129 101115 & 101118 101152 - 101245 $ 25,513.34 $(257,254.34) $ 618,383.10 Consider Approval of Warrant Register - January 5, 2000. Fiscal Year 1999/00 Manual Warrants 101150 - 101151 & $ 29,767.42 101246 - 101251 Voided Warrants (None) Regular Warrants (Warrant Run Pending) $465,053.07 Staff Recommendation: Approve the Warrant Registers. C. Consider Release of HOME Funds to County of Ventura. Staff Recommendation: Authorize the release of its HOME funding allocation to the County of Ventura. E. Consider Approval of Final Map Tract 4977 (Lennar Homes /Richmond American Homes). Staff Recommendations: 1) Approve the Final Map for Tract 4977 along with the Minutes of the City Council Moorpark, California Page 16 January 5, 2000 Agreement for Construction of Subdivision Improvements and Reimbursement between the City and Richmond American Homes of California, Inc.; 2) Approve the Early Grading Agreement for Lot 2 of Tract Map No. 4974 between the City and Lennar Homes of California, Inc.; 3) Approve the Partial Release of Covenant and Agreement for the Early Grading Agreement with Lennar Homes; 4) Authorize the Mayor and City Clerk to sign the Final Map Title Sheet, Agreement for Construction of Subdivision Improvements and Reimbursement, Early Grading Agreement for Tract 4977 and, the Partial Release of Covenant Agreement; and 5) Authorize recordation of the Final Map for Tract 4977, the Agreement for Construction of Subdivision Improvements and Reimbursements, Amended Early Grading Agreements and the Partial Release of Covenant and Agreement, subject to City Manager and City Attorney approval of the agreements. G. Consider Notice of Completion for the Casev Road Traffic Signal. Staff Recommendations: 1) Accept the work as completed; 2) Instruct the City Clerk to record the 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. H. Consider Notice of Completion for the Miscellaneous Curb, Gutter and Sidewalk Construction Project. Staff Recommendations: 1) Accept the work as completed; 2) Instruct the City Clerk to record the 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. I. Consider Authorizing Recordation of the Notice of Completion for the Construction of the Community Center Roof Replacement. Staff Recommendations: 1) Accept the work as complete; 2) Authorize the City Clerk to file the Notice of Completion for the project; and 3) Authorize the release of the balance of payment due upon satisfactory clearance of the 35 days after Notice of Completion records and completion of close out contractual obligations of contractor. J. Consider Renewal of an Agreement to Provide Securit Guard Services at the Moorpark Metrolink Station with the Firm of Security Above. Staff Recommendation: Renew the Agreement to provide security guard services at the Moorpark Metrolink Station with the firm of Security Above, and authorize the City Manager to execute the agreement. Minutes of the City Council Moorpark, California Page 17 January 5, 2000 K. Consider Approval of the Plans and Specifications for the New Los Angeles Avenue Bridge Widening Project and Authorization to Advertise for Receipt of Bids for the Said Work. Staff Recommendations: 1) Approve the plans and specifications for the subject project with the changes referenced in the agenda report; and 2) Authorize staff to advertise for receipt of bids upon receipt of the authorization to proceed from Caltrans. L. Consider Selection of a Consultant to Perform Certain Assessment Engineering Services and Adopt Resolution No. 2000 -1688 Initiating the Proceedings Related to the Levy of Assessments for AD 84 -2 for Fiscal Year 2000/2001. Staff Recommendations: 1) Authorize the City Engineer to prepare the FY 2000/2001 Engineer's Reports for AD 84 -2 for a fee not to exceed $7,000.00, including reimbursable expenses; and 2) Adopt Resolution No. 2000 -1688 authorizing preparation of an Engineer's Report for the Moorpark Lighting and Landscaping Maintenance Assessment District (AD 84 -2) for FY 2000/2001 M. Consider Approval of a Five -Year Extension to the Contract for Street Sweeping Services with Pacific Sweep. Staff Recommendation: Approve the five -year street sweeping contract with Pacific Sweep and authorize the Mayor to sign the contract in a form and with language approved by the City Manager. The following items were pulled from the Consent Calendar for individual consideration. D. Consider Report on Los Angeles Avenue Widening Efforts. Staff Recommendation: Receive and file the report. In response to Mayor Hunter, Mr. Kueny stated that staff would provide an update to the Council on traffic signal synchronization and the status of a grant for the funding of the project as a mail box item. CONSENSUS: By consensus, the Council determined to receive and file the report. F. Consider Resolution No. 2000 -1689 Amending the FY 1999/2000 Budget to Appropriate $1,280.00 for the Mobilehome Hardship Assistance Program. Staff Recommendation: Adopt Resolution No. 2000 -1689 Amending the FY 1999/2000 budget by appropriating $1,280.00 from the City Housing Fund Reserve for the Mobilehome Hardship Waiver Program. (ROLL CALL VOTE REQUIRED). Minutes of the City Council Moorpark, California Page 18 January 5, 2000 Mayor Hunter suggested that staff should be authorized to approve requests for hardship assistance for tenants who expend 35 percent or more of their gross annual income on housing costs. Councilmember Wozniak stated that he concurred and that there was a need to minimize having applicants, that obviously were qualified, attend a meeting with the Hardship Review Committee to obtain approval of their application for hardship assistance. CONSENSUS: Staff was directed to prepare a resolution and schedule as a consent calendar item to allow the City Manager to approve hardship assistance to tenants who expend 35 percent or more of their gross annual income on housing costs. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to adopt Resolution No. 2000 -1689 amending the FY 1999/2000 budget by appropriating $1,280.00 from the City Housing Fund Reserve for the Mobilehome Hardship Waiver Program. The motion carried by roll call vote 4 -0, Councilmember Evans absent. 12. ORDINANCES: None. 13. CLOSED SESSION: Mr. Kueny announced that one case under Item 13.A., and Items 13.C, 13.F., and 13.K. were to be discussed in closed session. Ms. Kane announced that the facts and circumstances creating significant exposure to litigation for the one case under Item 13.A. consist of a written communication from the attorney who represents the owner of the 7 -11 Store regarding the Spring Road Bridge closure. MOTION: Councilmember Wozniak moved and Councilmember Rodgers seconded a motion to adjourn to closed session for a discussion of one case under Item 13.A., and Items 13.C, 13.F., and 13.K. The motion carried by voice vote 4 -0, Councilmember Evans absent. The time was 10:41 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) Minutes of the City Council Moorpark, California Page 19 January 5, 2000 B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark and City Council of the City of Moorpark (Case No. SCO21825) D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark and City Council of the City of Moorpark (Case No. SCO22256) E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Villa Del Arroyo, LTD, vs. City of Moorpark (Case No. SCO23052) F. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Villa Del Arroyo, LTD., a limited partnership vs. City of Moorpark (Case No. SCO21503) G. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Villa Del Arroyo, a limited partnership, dba Villa Del Arroyo Mobilehome Park vs. City of Moorpark, California Department of Transportation, and Ventura County Flood Control District (Case No. SC 022015) H. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Hidden Creek Ranch, LP, a California Limited Partnership vs. The City of Moorpark and to Real Parties in Interest: Clint Harper, Roseann Mikos, Andrew Prokopow, and Committee to Qualify Hidden Creek Referendum Controlled by Clint Harper and Roseann Mikos (Case No. SCO21959) I. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Hidden Creek Ranch, LP, a California Limited Partnership and Messenger Investment Company, Inc., a California Corporation vs. The City of Moorpark and City Council of the City of Moorpark (Case No. SCO23388) Minutes of the City Council Moorpark, California Page 20 January 5, 2000 J. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: 798 Moorpark Avenue, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Laszlo B. Kovacs Under Negotiation: Price and terms of payment Property: 415 High Street, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Sawada and Youko Michitaka Under Negotiation: Price and terms of payment Property: 661 Magnolia Street, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Estella Betancourt Under Negotiation: Price and terms of payment K. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Assistant City Manager, City Attorney, City Clerk, City Manager, City Engineer, Chief of Police, Director of Community Development, Director of Community Services, Public Works Director Present in closed session were Councilmembers Harper, Rodgers, Wozniak, and Mayor Hunter; Steven Kueny, City Manager; Cheryl Kane, City Attorney; and John Nowak, Assistant City Manager. The Council reconvened into open session at 11:36 p.m. Mr. Kueny announced that only one case under Item 13.A. and Items 13.0 and 13.F. were discussed in closed session, that Councilmember Rodgers did not participate in the discussion for Item 13.C., and that there was no action to report. 14. ADJOURNMENT: Mayor Hunter adjourned the mee ATTEST: S. V Deborah S. Traffenst City Clerk