HomeMy WebLinkAboutMIN 2000 0419 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California April 19, 2000
A Regular Meeting of the City Council of the City of Moorpark was held
on April 19, 2000 in the Council Chambers of said City located at 799
Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Mayor Hunter called the meeting to order at 6:37 p.m.
2. INVOCATION:
A silent moment of reflection was held.
3. PLEDGE OF ALLEGIANCE:
Wayne Loftus, Community Development Director, led the Pledge
of Allegiance.
4. ROLL CALL:
Present: Councilmembers Evans, Harper, Rodgers, Wozniak
and Mayor Hunter.
Staff Present: Steven Kueny, City Manager; Cheryl Kane, City
Engineer; Ken Gilbert, Director of Public
Works; Mary Lindley, Director of Community
Services; Wayne Loftus, Director of Community
Development; John Libiez, Planning Manager;
Dana Shigley, Director of Administrative
Services; Hugh Riley, Interim Deputy City
Manager; Dirk Lovett, City Engineer; Kim
Chudoba, Senior Management Analyst; Nancy
Burns, Senior Management Analyst; Deborah
Traffenstedt, City Clerk; and La -Dell
VanDeren, Deputy City Clerk.
5. PROCLAMATIONS AND COMMENDATIONS:
A. Recognition of 1999 Employees of the Year: Full Time:
Efrain Alcaraz and Part Time: Debra Broussalian
Mayor Hunter recognized the 1999 Employees of the Year:
Full -Time: Efrain Alcaraz and Part -Time: Debra
Broussalian
B. Introduction of New Employees: Hugh Riley, Interim Deputy
City Manager; Teresa Velasquez, Code Enforcement Officer
Minutes of the City Council
Moorpark, California Page 2
April 19, 2000
II; Donna Naismith, Secretary II; and Jessica Sczepan,
Secretary I.
Mayor Hunter introduced new employees: Hugh Riley,
Interim Deputy City Manager; Teresa Velasquez, Code
Enforcement Officer II; Donna Naismith, Secretary II; and
Jessica Sczepan, Secretary I.
C. Presentation of Certificate of Recognition to Moorpark
Women's Fortnightly for their contribution to the
Moorpark Branch of the Ventura County Library.
Mayor Hunter indicated that the Certificate of
Recognition to the Moorpark Women's Fortnightly Club for
their contribution to the Moorpark Branch of the Ventura
County Library would be presented at a subsequent
meeting.
6. PUBLIC COMMENT:
Dr. Roseann Mikos, 14371 E. Cambridge Street, provided the
Council with a report on the Citizens Transportation Advisory
Committee meeting. She also announced that the California
Supreme Court decided not to hear the appeal of the appellate
court's decision on the challenge to the Hidden Creek
referendum.
In response to Councilmember Evans, Ms. Lindley stated the
daily ridership for Moorpark on East VISTA was approximately
80 per day. She explained that there were two public speakers
from Moorpark at the CTAC meeting. She stated there were
approximately 28 Moorpark residents utilizing East VISTA. She
stated staff was suggesting expanding service but the VISTA
East Advisory Committee would make the final recommendation.
Gerald Goldstein, 11932 Los Angeles Avenue, asked why the new
sidewalk on Poindexter Avenue was already being torn up.
7. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
(Pursuant to Council Rules of Procedure Section 2.9, Items to
be withdrawn from the Consent Calendar shall be identified at
this time.)
Councilmember Evans requested moving Item 10.G. forward on the
agenda.
CONSENSUS: By consensus, the Council moved Item 10.G.
forward prior to Public Hearings.
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Moorpark, California Page 3 April 19, 2000
8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Mayor Hunter announced the Free Compost and Wood Chip Giveaway
on May 6, 2000, at Arroyo Vista Recreation Center (AVRC). He
stated there would be a compost bin sale and workshop on May
13, 2000, at AVRC.
10. PRESENTATION /ACTION /DISCUSSION:
G. Consider Request to Fund Centennial Event Scheduled for
June 10, 2000, from 10 A.M. to 3 P.M. on High Street.
Staff Recommendation: 1) Authorize staff to approve a no-
fee Temporary Use Permit with conditions including an
indemnity /hold harmless agreement and an insurance policy
naming the City and Agency as additional insured; 2)
Provide police related services, at a cost not to exceed
$800; 3) Supply traffic control signs and barricades, per
a plan to be developed, at a cost not to exceed $700 (The
Committee will post restricted parking signs and handle
barricade rental, placement, removal, and return.); 4)
Authorize staff to approve the location, size, design,
and construction of the Centennial Monument; and 5)
Accept ownership of the Centennial Monument.
Ms. Chudoba gave the staff report.
In response to Councilmember Evans, Ms. Chudoba explained
that staff was not recommending providing the additional
$1,000 cash contribution based on precedent set by past
actions.
Debra Ryono, 4458 Cedarglen Court, Chairman of the
Centennial Committee, requested barricades be placed by
the City as with the Country Days event. She asked that
the City contribute $1,000 cash donation to assist with
a full -page advertisement in the Star, which would be of
economic value to the City.
In response to Councilmember Harper, Ms. Ryono explained
that the $1,000 donation would be used for signs,
supplies and decorations.
In response to Councilmember Rodgers, Ms. Ryono stated
the Rotary Club would be providing the insurance for the
event.
In response to Councilmember Harper, Mr. Kueny stated the
$1,000 donation would come out of the General Fund. He
explained that barricade placement would cost
approximately $500.
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Moorpark, California Page 4 April 19, 2000
MOTION: Councilmember Harper moved and Councilmember Evans
seconded a motion to: 1) Authorize staff to approve a no -fee
Temporary Use Permit with conditions including an
indemnity /hold harmless agreement and an insurance policy
naming the City and Agency as additional insured; 2) Provide
police related services, at a cost not to exceed $800; 3)
Supply traffic control signs and barricades, per a plan to be
developed, at a cost not to exceed $1,200 (Public Works staff
will post restricted parking signs and handle barricade
placement and removal, at a cost of approximately $500
overtime.); 4) Authorize staff to approve the location, size,
design, and construction of the Centennial Monument; 5) Accept
ownership of the Centennial Monument; and 6) The City will
make a cash donation of $1,000 from the General fund to the
Committee to be used for supplies and signs.
Mr. Kueny suggested the cash donation be spent on a
specific item.
AMENDMENT: Councilmember Harper amended the cash donation
language of the motion to read: 6) Staff will purchase
supplies or material not to exceed $1,000, in cooperation with
Centennial Committee. Councilmember Evans concurred with the
amendment.
The amended motion carried by unanimous voice vote.
9. PUBLIC HEARINGS:
A. Consider the Reallocation of Current and Prior Year
Community Development Block Grant Funds. Staff
Recommendation: Adopt Resolution No. 2000 -1727 to
authorize the reallocation of FY 1998/99 Economic
Development funds as follows: (A) $5,000 to Code
Enforcement, and (B) $5,000 to Affordable Housing. (ROLL
CALL VOTE REQUIRED.)
Ms. Burns gave the staff report. She indicated a
modification to the staff recommendation to add (C)
Approve by minute action $24,794 to be reallocated from
Wheel Chair Accessible Workstations in City Hall to
Affordable Housing for FY 2000/01.
Mayor Hunter opened the Public Hearing. There being no
speakers, Mayor Hunter closed the Public Hearing.
MOTION: Councilmember Harper moved and Councilmember Rodgers
seconded a motion to adopt Resolution No. 2000 -1727 to
authorize the reallocation of FY 1998/99 Economic Development
funds as follows: (A) $5,000 to Code Enforcement, and (B)
Minutes of the City Council
Moorpark, California Page 5 April 19, 2000
$5,000 to Affordable Housing and (C) Approve by minute action
$24,794 to be reallocated from Wheel Chair Accessible
Workstations in City Hall to Affordable Housing for FY
2000/01. The motion carried by unanimous roll call vote.
B. Consider Conditional Use Permit No. 2000 -1, a Request to
Allow the Sale of Alcoholic Beverages Other than Beer and
Wine; and Minor Modification No. 7 to Planned Development
Permit No. 897 Modifying Condition No. 39 which Prohibits
the Sale of Alcoholic Beverages Other than Beer and Wine
at the Handiest Food Mart located at 6611 Princeton
Avenue in the Varsity Park Plaza (APN: 514 -0- 051 -265) .
Staff Recommendation: 1) Open the public hearing, accept
public testimony and close the public hearing; 2)
Consider that this project is Categorically Exempt from
CEQA requirements as a Class 1 exemption for the
operation or alteration of private structures; and 3)
Adopt Resolution No. 2000- , approving Conditional
Use Permit No. 2000 -1 and Minor Modification No. 7 to
Planned Development Permit No. 897.
Mr. Loftus gave the staff report.
In response to Mayor Hunter, Mr. Loftus stated no written
comments were received to the letters sent out by staff.
Mayor Hunter opened the public hearing.
Donald Bing, 6677 Westwood Street, addressed the Council
in opposition to the liquor license. He commented that
the store was surrounded by residential neighborhoods and
located next to a preschool. He stated there were parking
violations in the shopping center that would be worse if
sale of liquor is approved. He expressed concern with
liquor sales increasing crime in the area. He suggested,
if the license was approved, a security guard was needed
during business hours. He urged the Council to deny the
application.
Linda Bosley, 6479 -A Penn Street, expressed concern with
hard liquor sales in the neighborhood. She discussed the
use of the shopping center by youth in the neighborhood.
She commented on the proximity of the subject property to
the preschool.
Pat Duck, 14663 Loyola Street, discussed the shabby
appearance of the center and store. She commented on the
Council's denial of a gas station in the vicinity for
various reasons including alcohol sales. She urged the
Council to deny the application.
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Moorpark, California Page 6 April 19, 2000
In response to Mayor Hunter, Mr. Loftus stated no other
businesses in the center sold hard liquor. He stated
Rite -Aid was authorized to sell all levels of liquor.
In response to Councilmember Evans, Mr. Loftus explained
the restriction on the amount of area devoted to alcohol
sales.
In response to Mayor Hunter, Mr. Loftus stated a
condition was included to prohibit the advertisement of
hard liquor. He stated they currently had approval to
advertise beer and wine sales. He stated the condition
should be clarified to determine whether pre- existing
sales could be advertised.
Tom C. Galicia, 12611 Williams Ranch Road, the applicant,
explained that they called the police if people were
hanging around the store. He stated the daycare location
was not a problem for Rite Aid.
William (Joe) Berryman, 1880 Fifth Street, Simi Valley,
employee at the Handiest Food Mart, stated there were no
problems with security at the store. He stated the store
was located in the center prior to the preschool. He
stated he monitored the children at the bus stop.
In response to Mayor Hunter, Mr. Galicia stated he was
willing to remove all alcohol sales signs and agreed with
the hours of operation limitations.
In response to Councilmember Harper, Mr. Loftus stated
there were no other stores, aside from Rite Aid, selling
liquor near preschools.
In response to Councilmember Harper, Mr. Loftus stated
past violation information of the alcohol license was
included in the staff report. He stated the Police
Department was consulted and did not have any additional
information. He stated he was not aware of any problems
with Rite Aid liquor sales.
In response to Councilmember Harper, Mr. Loftus stated
staff did not contact other cities to determine the
effect of hard liquor sales near residential
neighborhoods. Councilmember Harper stated the applicant
had a clean record since 1994. He suggested staff obtain
information from other cities regarding any problems
noted with allowing liquor sales near residential
neighborhoods.
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Moorpark, California Page 7 April 19, 2000
Mayor Hunter concurred with Councilmember Harper's
suggestion to obtain information on how other
jurisdictions were regulating liquor sales near
residential neighborhoods.
In response to Mayor Hunter, Mr. Kueny stated the market
at the east end of High Street sold hard liquor.
Councilmember Evans questioned how the quality of life
was being improved for the neighboring residents around
the shopping center by licensing the store to sell hard
alcohol. He stated he could support obtaining more
information on what other cities were doing.
Councilmember Wozniak concurred with the need to obtain
information from other jurisdictions. He discussed the
concerns expressed by the neighborhood. He suggested
continuing the item to obtain information from other
jurisdictions.
Mayor Hunter stated the project site was entirely
surrounded by residential neighborhoods, which was
dissimilar to Rite Aid.
Councilmember Rodgers concurred that additional
information should be gathered. She suggested staff ask
other jurisdictions if there were any problems with
changing from beer and wine to hard liquor sales.
In response to Mayor Hunter, Mr. Loftus suggested the
item be continued for 30 days.
CONSENSUS: By consensus, the Council continued the item to
May 17, 2000, with the public hearing open.
C. Consider Resolution No. 2000 -1728 Rescindinq Resolution
90 -715 Pertaining to an Overnight Parking Restriction
Zone on Flinn Avenue, Minor Street, Zachary Street, and
Fitch Avenue; and Re- Establishing said Restricted Parking
Zone with Revised Limits. Staff Recommendation: Adopt
Resolution No. 2000 -1728 establishing the revised parking
prohibition.
Mr. Gilbert gave the staff report. He stated a public
hearing was not required on the item.
In response to Mayor Hunter, Ms. Kane stated it would be
sufficient to treat the item as an Action /Discussion
item.
Minutes of the City Council
Moorpark, California Page 8 April 19, 2000
MOTION: Councilmember Harper moved and Councilmember Evans
seconded a motion to adopt Resolution No. 2000 -1728,
establishing the revised parking prohibition. The motion
carried by unanimous voice vote.
10. PRESENTATION /ACTION /DISCUSSION:
A. Consider Approval of an Amendment to the Agreement
between the City and the California Department of Fish
and Game [Permit] Pertaining to Work Required to be
Performed Within the Water Course for the Arroyo Simi to
Reconstruct the Spring Road Bridge. (Continued from April
5, 2000.) Staff Recommendation: 1) Approve the subject
Amendment to the Fish & Game Agreement (Permit); 2)
Approve prior action by the Public Works Director
executing said document; and 3) Authorize the City
Manager to execute and record a Conservation Easement
upon Lot D of Tract 5004, as required by said Agreement
Amendment.
Mr. Gilbert gave the staff report.
MOTION: Councilmember Wozniak moved and Councilmember Rodgers
seconded a motion to: 1) Approve the subject Amendment to the
Fish & Game Agreement (Permit); 2) Approve prior action by the
Public Works Director executing said document; and 3)
Authorize the City Manager to execute and record a
Conservation Easement upon Lot D of Tract 5004, as required by
said Agreement Amendment. The motion carried by unanimous
voice vote.
B. Consider Approval of an Increase to the Amount of the Fee
for Construction Engineering Services for the Spring Road
Bridge Reconstruction Project. (Continued from April 5,
2000.) Staff Recommendation: Approve an increase to the
fee amount for Construction Engineering Services for the
Spring Road Bridge Replacement Project, in the amount of
$83,100, and authorize the City Manager to sign an
Amendment to the Agreement for said services to effect
said increase.
Mr. Gilbert gave the staff report.
MOTION: Councilmember Wozniak moved and Councilmember Harper
seconded a motion to approve an increase to the fee amount for
Construction Engineering Services for the Spring Road Bridge
Replacement Project, in the amount of $83,100, and authorize
the City Manager to sign an Amendment to the Agreement for
said services to effect said increase. The motion carried by
voice vote 4 -1, Councilmember Evans dissenting.
Minutes of the City Council
Moorpark, California Page 9 April 19, 2000
C. Consider Revised Budget for 3rd of July Fireworks Event,
Approval of Summer Concerts, and Adoption of a Budget
Amendment. Staff Recommendation: 1) Approve the revised
3r of July Fireworks Event budget of $26,000, 2) Approve
the addition of a Summer Concert Series as outlined in
the Agenda Report, and 3) Adopt Resolution No. 2000 -1729,
amending the FY 99/00 budget by allocating $4,000 from
the General Fund for Summer Concerts. (ROLL CALL VOTE
REQUIRED.)
Ms. Lindley gave the staff report.
In response to Councilmember Harper, Ms. Lindley
explained why the recommendation was not for a large
concert series. She stated it was less risky to start
with three concerts to determine participation and
support.
Councilmember Harper explained that past attendance was
dependent on the type of music offered and suggested
country or 50's music. He suggested adding one additional
concert for the year.
In response to Councilmember Harper, Ms. Lindley stated
the cost was approximately $8,000 per concert. Mr. Kueny
expressed concern that adding an additional concert would
be pre- committing next year's budget. He suggested
waiting to commit until after looking at the full budget.
In response to Councilmember Harper, Ms. Lindley stated
other cities' concert series cost approximately $10,000
per band.
Councilmember Harper suggested "passing the hat" at the
concert to assist with costs.
Councilmember Wozniak stated the community might not be
best served if too much was attempted initially. He
stated he felt three concerts were appropriate for this
year.
Councilmember Rodgers agreed with having three concerts.
Councilmember Harper concurred with comments by the other
Councilmembers.
MOTION: Councilmember Harper moved and Councilmember Evans
seconded a motion to: 1) Approve the revised 3rd of July
Fireworks Event budget of $26,000, 2) Approve the addition of
a Summer Concert Series as outlined in the Agenda Report, and
Minutes of the City Council
Moorpark, California Page 10 April 19, 2000
3) Adopt Resolution No. 2000 -1729, amending the FY 99/00
budget by allocating $4,000 from the General Fund for Summer
Concerts. The motion carried by unanimous roll call vote.
D. Consider Comments on Caltrans Initial Study/
Environmental Assessment for SR -118 at Donlon Road and
SR -34. Staff Recommendation: Direct staff as deemed
appropriate.
Mr. Loftus gave the staff report.
In response to Councilmember Wozniak, Mr. Loftus
explained that extension of Donlon Road would affect an
area that included commercial groves. He stated he was
not aware of the status of right -of -way acquisition.
In response to Councilmember Wozniak, Mr. Loftus stated
the initial study did not look at the balance of State
Route (SR) 118 and only looked at bottlenecks.
Councilmember Wozniak stated he would not like to see
piecemeal improvements on SR -118.
Mayor Hunter stated piecemeal improvements were already
taking place.
Councilmember Harper stated, on the positive side, it
would eliminate a traffic conflict at Donlon Road.
In response to Mayor Hunter, Mr. Loftus stated he was not
aware of the timeframe for improvement. He stated he
would provide that information to the Council. Mayor
Hunter requested staff be directed to attend the Caltrans
hearing on April 27, 2000.
Brett Tibbitts, P.O. Box 679, Somis, member of the Board
of Directors for Save Our Somis, expressed concern that
a five -lane intersection was planned. He stated the
entire SR -118 needed to be looked at and trucks need to
be eliminated. He stated Somis residents were concerned
that bypass plans would not be funded. He stated they
were requesting full corridor review of the SR -118.
Craig Underwood, 1010 Rosada Court, stated he has farming
operations along SR -118 and favors a smaller intersection
design. He referenced a two -lane improvement plan and
stated it appeared like a piecemeal plan was occurring to
develop SR -118 as a four -lane highway.
Minutes of the City Council
Moorpark, California Page 11
April 19, 2000
In response to Councilmember Evans, Mr. Underwood stated
he would provide the Council with a copy of their two -
lane improvement plan.
Dr. Roseann Mikos, 14371 E. Cambridge Street, stated
piecemeal improvements were not legal. She stated a 310
percent increase in traffic going east towards Moorpark
was projected. She suggested the City comment on the
excessive level of improvements planned.
Eloise Brown, 13193 Annette Street, stated the proposal
was an incremental improvement on the road. She stated
improvements were necessary due to the long wait at the
intersection. She requested the Council support the
improvement even if it is incremental.
Mr. Loftus stated staff had not analyzed whether the
environmental review utilized by Caltrans was
appropriate. He explained that the improvement would
facilitate existing traffic. He stated staff could
address Caltrans at the April 27, 2000 hearing.
Mayor Hunter stated staff should be empowered to offer
-- comments on behalf of the City. He stated he was troubled
by segmenting of improvements.
Councilmember Evans stated there was a definite need for
the improvement. He requested information on how much
land along SR -118 was protected from residential growth.
He stated he could support some type of improvement but
would like additional information.
Councilmember Harper stated the speakers brought up good
points. He stated an Environmental Impact Report (EIR)
would address other alternatives.
Councilmember Rodgers concurred with the comments made by
the other Councilmembers. She stated the Council needed
to give staff the ability to comment on behalf of the
City. She stated staff should comment on the need for an
EIR.
Councilmember Wozniak concurred with the comments by the
other Councilmembers. He questioned how a negative
declaration could be used given the agricultural land
impacts. He stated it was necessary to address all the
alternatives.
Mayor Hunter recommended that staff be directed to
represent the City to comment on the scope of the
Minutes of the City Council
Moorpark, California Page 12 April 19, 2000
project, level of the environmental document as being
insufficient, summarize the Council's concerns while
expressing the need to improve the intersection and
comment on piecemealing.
CONSENSUS: By consensus, the Council directed staff to
attend and represent the City at the Caltrans meeting on April
27, 2000, and prepare a letter commenting on the scope of the
project, the level of environmental document as being
insufficient, and expressing the need to improve the
intersection while also conveying concern with a piecemeal
approach for improvements.
E. Consider Submittal and Approval of Final Report for the
Civic Facilities Space Needs Study. Staff Recommendation:
1) Direct staff to implement the Short Term Plan, Option
B as provided in the report, without existing Building
expansion, to accommodate moving the Building, Safety and
Engineering functions to the city hall complex and modify
the lease arrangements with Abbott for this space
accordingly; and 2) Direct staff to begin the
identification of suitable alternative sites for a new or
expanded city hall complex.
Mr. Riley gave the staff report. He introduced Mr. Howard
Leach of Leach Mounce Architects, the firm hired by the
City. Mr. Leach indicated corrections to several square
footage numbers included in the staff report.
In response to Mayor Hunter, Mr. Riley stated the cost
factors were not changed along with the square footage.
Howard Leach, 1885 Knoll Drive, Ventura, Leach Mounce
Architects, summarized their report distributed with the
staff report.
In response to Mayor Hunter, Mr. Riley stated the cost
for Option C was $270,000.
In response to Councilmember Harper, Mr. Leach explained
concealment of the air conditioning units on the
modulars. He stated the lifetime of the modular units
could be up to 30 years, but the appearance may not be
good.
In response to Councilmember Evans, Mr. Kueny stated he
believed Option B was the best for now. He stated the
intent was to quickly identify site options for a
permanent City Hall. He discussed the parking problem
with the existing site.
Minutes of the City Council
Moorpark, California Page 13
April 19, 2000
Mayor Hunter questioned the wisdom of including office
space for the California Highway Patrol with City Police.
In response to Mayor Hunter, Mr. Kueny explained that the
California Highway Patrol had expressed an interest in
being included in the civic center. He stated they
wanted a full office in Moorpark and would commit to a
long -term lease.
In response to Mayor Hunter, Mr. Leach stated the cost
savings of eliminating the jail would be approximately
$600,000 - $700,000, with soft costs included totaling
about $1 million.
In response to Councilmember Harper, Mr. Leach stated it
may be necessary to include more administrative and
investigation space if Moorpark had its own Police
Department.
Councilmember Harper stated his concern about the
lifetime of modulars. Mr. Kueny stated staff could
further investigate offsite lease options. Councilmember
Harper stated Option B seemed to make the most sense but
he was concerned about the aesthetics.
Mayor Hunter stated he felt the life of the modulars
would be longer than 5 years. He concurred with the need
to be mindful of the aesthetics.
Councilmember Wozniak stated he was not convinced with
Option B and not prepared to make a decision. He
requested the item be brought back at the next meeting,
to allow him additional time to review the information.
Councilmember Rodgers stated she had difficulty spending
$500,000 on a short -term plan, although there was a need
for additional space. She stated the Agency would be
affected by loss of rental income.
Councilmember Evans requested the item be continued to
May 17, 2000.
CONSENSUS: By consensus, the Council continued the item to
May 17, 2000.
F. Consider Status of Lighting Impacts at the Tom Barber
Golf Center Located at the Southeast Intersection of
HiQhwav 23 and Tierra Reiada Road in the Unincorporated
Area of Ventura County (County CUP No. 4915) . Staff
Recommendation: Direct staff to work with appropriate
Minutes of the City Council
Moorpark, California Page 14
April 19, 2000
County agency to insure continued compliance with the
conditions of approval.
Mayor Hunter gave the report.
Councilmember Wozniak stated he had called Supervisor
Mikels and was informed that the lighting engineer and
County staff were onsite to adjust the lighting. He
stated substantial landscaping and other avenues needed
to be looked at to mitigate the problem. He stated glare
on the freeway was the biggest problem.
Mayor Hunter stated three lights shine directly on the
freeway off -ramp. He discussed conditions of the
conditional use permit regarding lighting. He recommended
the City send a letter expressing displeasure with the
level of lighting and requesting changes be made
immediately.
In response to Councilmember Harper, Mr. Loftus stated
staff had reviewed the permit and commented on the
lighting.
Councilmember Harper suggested staff request specific
lighting conditions for projects adjacent to the City.
Joe Ahearn, 484 E. Los Angeles Avenue, #214, stated the
City should be invited to participate on projects in the
Greenbelt.
Dr. Roseann Mikos, 14371 E. Cambridge Street, asked the
term of the Conditional Use Permit and whether lights
could be ultimately eliminated. She stated the lights
could have been precluded. She stated there was nothing
that could be done to make the project compatible with
the Greenbelt.
Mayor Hunter requested staff investigate Dr. Mikos'
questions.
Councilmember Harper stated
County would approve such
requested staff investigate
He requested information o:
County from the project.
it was unbelievable that the
use in the Greenbelt. He
the legal options available.
. the revenue gained by the
CONSENSUS: By consensus, the Council directed staff to send
a letter to Ventura County expressing the City Council's
concerns regarding the lighting.
Minutes of the City Council
Moorpark, California Page 15 April 19, 2000
H. Consider Tee Sponsorship for Ventura County Community
College District Golf Tournament. Staff Recommendation:
Direct staff as deemed appropriate.
Councilmember Harper indicated he would not participate
on the item based on his employment. He left the dais at
9:30 p.m.
Mayor Hunter gave the report and recommended the City
sponsor the $200 tee sponsorship.
MOTION: Mayor Hunter moved and Councilmember Wozniak seconded
a motion to approve the tee sponsorship of $200 for the Golf
Tournament. The motion carried by roll call vote 4 -0,
Councilmember Harper absent.
Councilmember Harper returned to the dais at 9:34 p.m.
11. CONSENT CALENDAR:
Councilmember Evans requested that Items 11.F. and 11.G. be
pulled.
MOTION: Councilmember Wozniak moved and Councilmember Harper
seconded a motion to approve the Consent Calendar, with the
exception of Items 11.F. and 11.G. The motion carried by
unanimous roll call vote.
A. Consider Approval of Minutes of Special Meeting of March
22, 2000.
Staff Recommendation: Approve minutes as processed.
B. Consider Approval of Warrant Register -April 19, 2000.
Fiscal Year 1999/2000
Manual Warrants 102140 - 102147
Voided Warrants None
(Pentamation additional 102139
remittance copies)
$ 18,230.69
$ - 0 -
Payroll Liability
102150
- 102157 &
$ 12,375.68
Warrants
102277
- 102278
25.02
Regular Warrants
102158
- 102276
$534,235.51
Staff Recommendation: Approve the Warrant Register.
Minutes of the City Council
Moorpark, California Page 16 April 19, 2000
C. Consider Resolution of Intent No. 2000 -1730 to Vacate a
Portion of Los Angeles Avenue East Right -of -Way at Condor
Drive in Tract 3492 (Rice Development) Vacation No. V-
2000-1. Staff Recommendation: 1) Adopt Resolution of
Intent No. 2000 -1730 setting the date of a public hearing
to consider the vacation of a portion of Los Angeles
Avenue East right -of -way at the intersection of Condor
Drive of Tract 3492; and 2) Direct the Planning
Commission to review the proposed vacation as to
conformance with the City of Moorpark General Plan.
D. Consider Rejection of Claim: John Short, III. Staff
Recommendation: Reject the claim and direct staff to send
a standard rejection letter to the claimant.
E. Consider Adoption of Resolution Aoprovinq the Submittal
of a Grant Application for Senior Center Capital
Purchases. Staff Recommendation: Adopt Resolution No.
2000 -1731, approving the submittal of a AAA grant
application for Senior Center furnishings and equipment,
and authorize the City Manager to sign in all matters
pertaining to the grant.
H. Consider City Clerk's Department Staff Positions and
Resolution No. 2000 -1732, Amending the Salary Plan for
Competitive Service, Non - Competitive Service, and Hourly
Emplovees and Rescindinq Resolution No. 99 -1684. Staff
Recommendation: 1) Approve changes to City Clerk's
Department staffing to revise the Secretary I position to
Secretary II, and Clerical Aide position to Clerical Aide
II; and 2) Adopt Resolution No. 2000 -1732, amending the
Salary Plan for Competitive Service, Non - Competitive
Service and Hourly Employees and rescinding Resolution
No. 99 -1684.
The following items were pulled from the Consent Calendar for
individual consideration:
F. Consider Bids for the New Los Angeles Avenue Bridqe
Widening Project. Staff Recommendation: 1) Adopt
Resolution No. 2000 -1733, approving an amendment to the
FY 1999/00 Budget by increasing the appropriation and
budget for the subject project from $1,059,115 to
$1,815,444 ($756,329 increase); 2) Approve the addition
of construction requirements and costs [additional
$25,0001 called for by Bid Alternate No. 1 which requires
an accelerated schedule for the work requiring traffic to
be restricted to two lanes; 3) Award a contract to
Security Paving, Inc. in the amount of $1,414,921.10 for
Minutes of the City Council
Moorpark, California Page 17 April 19, 2000
the construction of the subject project; 4) Approve a
contingency for the project in the amount of $141,942.90
[10 % +] and authorize the City Manager to approve
additional work, if required, for a cost not to exceed
said contingency; and 5) Authorize the City Manager to
sign necessary contract documents. (ROLL CALL VOTE
REQUIRED.)
In response to Councilmember Evans, Mr. Gilbert stated
that staff could notify residents of traffic flow
limitations on the City's Homepage and Channel 10. He
explained the requirement for the bidders to provide
background information. He stated references were
obtained on the apparent low bidder. He informed the
Council of the recommendation for the accelerated
schedule.
MOTION: Councilmember Evans moved and Councilmember Harper
seconded a motion to: 1) Adopt Resolution No. 2000 -1733,
approving an amendment to the FY 1999/00 Budget by increasing
the appropriation and budget for the subject project from
$1,059,115 to $1,815,444 ($756,329 increase); 2) Approve the
addition of construction requirements and costs [additional
$25,0001 called for by Bid Alternate No. 1 which requires an
accelerated schedule for the work requiring traffic to be
restricted to two lanes; 3) Award a contract to Security
Paving, Inc. in the amount of $1,414,921.10 for the
construction of the subject project; 4) Approve a contingency
for the project in the amount of $141,942.90 [10 % +] and
authorize the City Manager to approve additional work, if
required, for a cost not to exceed said contingency; and 5)
Authorize the City Manager to sign necessary contract
documents. The motion carried by unanimous roll call vote.
G. Consider Approval of Selection of Consultant to Provide
Construction Engineering Services Required for the New
Los Angeles Avenue Bridge Widening Project. Staff
Recommendation: Approve the selection of Boyle
Engineering to provide Construction Engineering Services
for the subject project, for the fee amount described in
the Agenda Report, and authorize the City Manager to
execute related contract documents.
In response to Councilmember Evans, Mr. Gilbert described
the reasons for the staff recommendation.
MOTION: Councilmember Evans moved and Councilmember Harper
seconded a motion to approve the selection of Boyle
Engineering to provide Construction Engineering Services for
the subject project, for the fee amount described in the
Minutes of the City Council
Moorpark, California Page 18 April 19, 2000
Agenda Report, and authorize the City Manager to execute
related contract documents. The motion carried by unanimous
voice vote.
12. ORDINANCES:
None.
13. CLOSED SESSION:
Ms. Kane announced that Council would be going into closed
session for a discussion of Items 13.C., 13.H., and 13.I. on
the agenda.
MOTION: Councilmember Evans moved and Councilmember Harper
seconded a motion to adjourn to closed session for a
discussion of Items 13.C., 13.H., and 13.I. on the agenda. The
motion carried by unanimous voice vote. The time was 9:42
p.m.
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)
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)
AT THIS POINT in the meeting a recess was declared. The time was
9:42 p.m. Councilmember Rodgers left the meeting at this time. The
Council reconvened into closed session at 9:54 p.m.
Present in closed session were Councilmembers Evans, Harper,
Wozniak and Mayor Hunter; Steven Kueny, City Manager; Cheryl
Kane, City Attorney; Wayne Loftus, Director of Community
Development; Hugh Riley, Interim Deputy City Manager; and
Deborah Traffenstedt, City Clerk.
Minutes of the City Council
Moorpark, California Page 19 April 19, 2000
The Council reconvened into open session at 10:14 p.m. Mr.
Kueny announced that only Items 13.C., 13.H., and 13.1. were
discussed and that there was no action to report.
14. ADJOURNMENT:
Mayor Hunter adjourned the meeting at 10:14 p.m.
ATTEST:
-DI ✓ • �
Deborah S. Traffens dt
City Clerk
atrick Huf er, Mayor