HomeMy WebLinkAboutMIN 2000 0405 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California April 5, 2000
A Regular Meeting of the City Council of the City of Moorpark was held
on April 5, 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 6:49 p.m.
2. INVOCATION:
Reverend John W. Love, Associate Pastor, Holy Cross Catholic
Church, gave the invocation.
3. PLEDGE OF ALLEGIANCE:
Randy Koszela, Teen Council, 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
Attorney; Ken Gilbert, Director of Public
Works; Mary Lindley, Director of Community
Services; Wayne Loftus, Community Development
Director; Captain Frank O'Hanlon, Sheriff's
Department; John Whitman, City Traffic
Engineer; Nancy Burns, Senior Management
Analyst; Dana Shigley, Finance /Accounting
Manager; Deborah Traffenstedt, City Clerk; and
La -Dell VanDeren, Deputy City Clerk.
5. PROCLAMATIONS AND COMMENDATIONS:
A. Mayor Hunter introduced Commander Chris Godfrey, Ventura
County Sheriff's Department, who introduced Captain Frank
O'Hanlon.
B. Councilmember Wozniak presented certificates of
recognition to Fred Kavli, Kavlico Corporation and to
_ Lisa Burtzloff, Cardservice International for their
contributions to the 3rd of July Fireworks Show.
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Moorpark, California Page 2
6. PUBLIC COMMENT:
April 5, 2000
Councilmember Wozniak left the dais at 7:05 p.m.
Gerald Goldstein, 11932 Los Angeles Avenue, suggested a
seminar be arranged for the Police and City Council on
Constitutional Law.
Councilmember Wozniak returned to the dais at 7:08 p.m.
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be withdrawn from the Consent Calendar shall be identified at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 stated it would be his intention to pull
Item No. 11.J. from the Consent Calendar. Mr. Kueny
recommended pulling Item 11.J. and continuing it to April 19,
2000.
Mayor Hunter stated he would like to pull Item No. 11.H. from
the Consent Calendar.
AT THIS POINT in the meeting, a recess was declared to convene the
Redevelopment Agency. The time was 7:06 p.m. The Council
reconvened at 7:55 p.m.
8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
None.
9. PUBLIC HEARINGS:
None.
10. PRESENTATION /ACTION /DISCUSSION:
A. Consider Options in Lieu of a Subordination Agreement for
Assessment District 92 -1 Loan for Westgate Plaza DeeWayne
Jones) . (Continued from March 15, 2000 Meeting.) Staff
Recommendation: Direct staff as deemed appropriate.
Mr. Kueny gave the staff report. He indicated staff
could support subordination upon receipt of an
irrevocable letter of credit subject to final language
approval by the City Manager and City Attorney.
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Moorpark, California Page 3 April 5, 2000
MOTION: Councilmember Harper moved and Councilmember Wozniak
seconded a motion to approve subordination of the loan subject
to receipt of an irrevocable letter of credit with final
language approval by the City Attorney and City Manager. The
motion carried by unanimous voice vote.
B. Consider Resolution No. 2000 -1721 Anprovina the Engineer's
Report for Assessment District AD84 -2 for FY 2000/2001,
Declaring Intention to Make Certain Changes to and
Ordering the Annual Assessments for Said Assessment
District, and Scheduling a Public Hearing to Consider Said
Assessments. Staff Recommendation: Adopt Resolution No.
2000 -1721.
Mr. Gilbert gave the staff report.
MOTION: Councilmember Wozniak moved and Councilmember Harper
seconded a motion to adopt Resolution No. 2000 -1721, approving
the Engineer's Report for Assessment District AD84 -2 for FY
1000/2001, declaring intention to make certain changes to and
ordering the Annual Assessments for said assessment, and
scheduling a public hearing to consider said assessment. The
motion carried by unanimous voice vote.
C. Consider Resolution No. 2000 -1722 Designating the
Intersections of Loyola Street & Julliard Avenue and
Aldergrove Street & Pine Hollow Place to be STOP
Intersections and Directing the Placement of STOP Signs
at All Entrances Thereto. Staff Recommendation: Adopt
Resolution No. 2000 -1722.
Mr. Gilbert gave the staff report.
Dennis Lyke, 14689 Loyola Street, stated the intersection
was heavily utilized by traffic and pedestrians. He
stated something was needed for protection.
Ms. Traffenstedt indicated one written statement card was
received from Tom Spencer, 6924 Luther Circle, in favor
of the recommendation.
Mayor Hunter concurred with the staff recommendation. He
indicated he had met with members of the Home Owners
Association Board, and they agreed that traffic needed to
be stopped at Loyola and Julliard to allow access to the
bus stop, as well as installing a yellow divider to
provide a calming effect.
Minutes of the City Council
Moorpark, California Page 4 April 5, 2000
Councilmember Wozniak suggested the Streets and
Transportation Committee review the possibility of a stop
sign being installed on Heatherwood Hollow.
CONSENSUS: By consensus, the Council referred consideration
of a stop sign at the intersection of Aldergrove Street and
Heatherwood Hollow Avenue to the Transportation and Streets
Committee.
MOTION: Councilmember Evans moved and Councilmember Harper
seconded a motion to adopt Resolution No. 2000 -1722,
designating the intersections of Loyola Street & Julliard
Avenue and Aldergrove Street & Pine Hollow Place to be STOP
Intersections and directing the placement of STOP signs at all
entrances thereto. The motion carried by unanimous voice
vote.
D. Consider Resolution No. 2000 -1723 Designating the
Intersections of Gabbert Road and Poindexter Avenue a
STOP Intersection and Directing the Placement of STOP
Signs at Certain Entrances Thereto. Staff Recommendation:
Adopt Resolution No. 2000 -1723.
Mr. Gilbert gave the staff report.
MOTION: Councilmember Harper moved and Councilmember Evans
seconded a motion to adopt Resolution No. 2000 -1723,
designating the intersections of Gabbert Road and Poindexter
Avenue a STOP intersection and directing the placement of STOP
signs at certain entrances thereto. The motion carried by
unanimous voice vote.
Mayor Hunter suggested calling the next three items
together.
CONSENSUS: By consensus, the Council determined to take Items
Nos. 10.E., 10.F., and 10.G. concurrently.
E. Consider Name for Park in Specific Plan 92 -1 (Carlsberg).
Staff Recommendation: Adopt Resolution No. 2000 -1724,
approving a name for the park in Specific Plan 92 -1.
F. Consider Changing the Name of that Portion of Science
Drive South of New Los Angeles Avenue. Staff
Recommendation: Select new street name and direct staff
to proceed with implementation.
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Moorpark, California Page 5 April 5, 2000
—" G. Consider Street Name for Street Serving Poindexter Park
[Tract 51611. Staff Recommendation: Select street name
and direct staff to have the selected street name placed
on the Final Map for Tract 5161.
Ms. Lindley gave the staff report on Item 10.E.
Mr. Gilbert gave the staff report on Items 10.F. and
10.G.
Councilmember Evans discussed how the process had become
more difficult but his preference was still to honor a
Moorpark founder. He stated he could support naming the
park or street after Monroe Everett and Barton Miller and
discussed their accomplishments and contributions.
Councilmember Harper stated Laurel Everett had
contributed as much as Monroe. He also mentioned Leta
Yancy Sutton, the City's first Mayor.
Councilmember Rodgers stated she could not support the
name Centennial. She stated it would be wise to keep a
similar name for the street and the park. She personally
preferred Skyview Drive if the name of a person was not
selected.
Councilmember Wozniak stated he was focusing on Monroe
Everett due to where the family lived. He stated he
believed there would be additional opportunities to honor
individuals by naming parks after them.
In response to Mayor Hunter, Mr. Kueny stated Leta Yancy
Sutton was one of the first advocates for a downtown
park. Mayor Hunter suggested the street serving
Poindexter Park should be named after Leta Yancy Sutton.
MOTION: Mayor Hunter moved and Councilmember Harper seconded
a motion to name the street serving Poindexter Park after Leta
Yancy Sutton, the City's first Mayor, and directed staff to
have the selected street name placed on the Final Map for
Tract 5161. The motion carried by unanimous voice vote.
Mayor Hunter stated he favored Miller for the Carlsberg
park site due to Barton Miller's contributions to the
community. He stated he would like to acknowledge
individuals and families that have made contributions in
different periods of time.
Minutes of the City Council
Moorpark, California Page 6
April 5, 2000
Councilmember Evans suggested renaming Science Drive
south of Los Angeles Avenue, to Barton Miller Drive and
Miller Park dedicated to Vernice and Barton Miller.
Councilmember Rodgers suggested Miller Road because
Vernice was equal in her contributions. She suggested a
plaque on a tree or dedication in the park explaining the
contributions made to Moorpark.
Mr. Kueny stated staff could work with the Fire District
if Drive was preferred.
Mayor Hunter stated his preference was Miller Drive.
MOTION: Councilmember Evans moved and Mayor Hunter seconded
a motion to rename Science Drive to Miller Drive and to name
the park Miller Park with dedication to Vernice and Barton
Miller. The motion carried by unanimous voice vote.
H. Consider Resolution of Intention to Amend the City's
Contract with the California Public Employees' Retirement
System (Ca1PERS) and First Reading of an Ordinance
Authorizing an Amendment to the Contract between the City
Council of the City of Moorpark and the Board of
Administration of Ca1PERS. Staff Recommendation: 1) Adopt
Resolution of Intention No. 2000 -1725 approving an
amendment to contract between the Board of Administration
of Ca1PERS and the City Council of the City of Moorpark;
2) waive full reading and introduce Ordinance No. 267 for
first reading authorizing an amendment to the contract
between the City Council and the Board of Administration
of Ca1PERS; and 3) Direct that second reading of
Ordinance No. 267, authorizing the amendment to the
contract, shall occur on May 3, 2000.
Ms. Traffenstedt gave the staff report.
MOTION: Councilmember Harper moved and Councilmember Evans
seconded a motion to adopt Resolution of Intention No. 2000-
1725, approving an amendment to contract between the Board of
Administration of Ca1PERS and the City Council of the City of
Moorpark. The motion carried by unanimous voice vote.
Ms. Kane read the title of Ordinance No. 267.
MOTION: Councilmember Evans moved and Councilmember Harper
seconded a motion to waive further reading and read the
ordinance title only. The motion carried by unanimous voice
vote.
Minutes of the City Council
Moorpark, California Page 7 April 5, 2000
MOTION: Councilmember Evans moved and Councilmember Harper
seconded a motion to introduce Ordinance No. 267 for first
reading authorizing an amendment to the contract between the
City Council and the Board of Administration of Ca1PERS and
direct that second reading of Ordinance No. 267, authorizing
the amendment to the contract, shall occur on May 3, 2000.
I. Consider Reorganization of Certain Finance and
Administrative Services Responsibilities, Creation of
Director of Administrative Services Position, and Change
of Assistant City Manager to Deputy City Manager Position
and City Clerk to Assistant to the City Manager /City
Clerk Position. Staff Recommendation: 1) Establish
Director of Administrative Services position at salary
range 74; 2) Modify City Clerk position to Assistant to
the City Manager /City Clerk at salary range 74; and 3)
Establish Deputy City Manager position at salary range
81.
Mr. Kueny gave the staff report.
In response to Mayor Hunter, Mr. Kueny stated the change
would take effect with the next payroll period.
In response to Councilmember Harper, Mr. Kueny stated the
lowered salary range of Deputy City Manager should not
effect recruiting.
Mayor Hunter stated he supported the reorganization plan.
MOTION: Councilmember Wozniak moved and Councilmember Harper
seconded a motion to 1) Establish Director of Administrative
Services position at salary range 74; 2) Modify City Clerk
position to Assistant to the City Manager /City Clerk at salary
range 74; and 3) Establish Deputy City Manager position at
salary range 81. The motion carried by unanimous voice vote.
11. CONSENT CALENDAR:
Mayor Hunter pulled Item 11.H. and Councilmember Evans pulled
Item 11.J., with Item 11.J. continued to April 19, 2000.
MOTION: Councilmember Wozniak moved and Councilmember Evans
seconded a motion to approve the Consent Calendar with the
exception of Items 11.H. and 11.J. The motion carried by
unanimous roll call vote.
Minutes of the City Council
Moorpark, California Page 8
April 5, 2000
A. Consider Approval of Minutes of Regular Meeting of
January 19, 2000.
Staff Recommendation: Approve minutes as processed.
B. Consider Approval of Warrant Reqister -April 5, 2000.
Fiscal Year 1999/2000
Manual Warrants 101871 - 101872 & $ 39,889.76
101986 - 101993 &
102002 - 102008
Voided Warrants
101900 &
101969
$ (8,167.15)
(Pentamation additional
102023 &
102042 &
102045
remittance copies)
& 102095
& 102101
Payroll Liability
101994 -
102001 &
$ 12,272.46
Warrants
102133 -
102138
10,156.71
Regular Warrants 102009 - 102132 $ 478,421.28
Staff Recommendation: Approve the Warrant Register.
C. Consider Rejection of Claim: Quassimili Jairazbhoy. Staff
Recommendation: Reject the claim and direct staff to send
a standard rejection letter to the claimant.
D. Consider Resolution No. 2000 -1726, Authorizinq Submittal
of a Three Year (2000/2003) Used Oil Recycling Block
Grant Application to the California Integrated Waste
Management Board. Staff Recommendation: Adopt Resolution
No. 2000- 1726.
E. Consider Street Name Approval for Tract 5201 (Peach Hill
LLC) . Staff Recommendation: Approve the name of Silver
Oak Lane for Tract 5201 as shown in Exhibit "A" to the
agenda report.
F. Consider Bond Exoneration for Demolition of Structures at
Tract 4980 (Western Pacific Housing). Staff
Recommendation: Authorize the City Clerk to release the
security deposit in the amount of $37,500.00.
G. Consider Authorizing Recordation of the Notice of
Completion for the Construction of the Senior Center
Expansion Project. Staff Recommendation: 1) Accept the
work as complete; 2) Authorize the City Clerk to file the
Notice of Completion for the project; 3) Authorize the
release of the balance of payment due upon satisfactory
Minutes of the City Council
Moorpark, California Page 9 April 5, 2000
— clearance of the thirty -five ( 35 ) days after Notice of
Completion records and completion of close out
contractual obligations of contractor; and 4) Authorize
the City Manager to release project bonds in accordance
with the contract provisions.
I. Consider Approval of an Increase to the Amount of the
Construction Contingency for the Poindexter Sidewalk
Project. Staff Recommendation: Approve an increase to the
contingency for the Poindexter Sidewalk Project to
$49,318.
K. Award Contract to Hanson and Son Construction for the
Installation of Playground Equipment at Peach Hill and
Campus Canyon Parks. Staff Recommendation: Award a
contract to Hanson and Son Construction, at a cost not to
exceed $30,333, for the installation of playground
equipment at Peach Hill and Campus Canyon parks, and
authorize the City Manager to execute the contract on
behalf of the City.
L. Consider Amendment to Five -Year Memorandum of Agreement
(MOA) with Service Employees International Union AFL -CIO,
CLC Local 998. Staff Recommendation: Approve the
amendment to the MOA, and authorize the City Manager to
sign the amendment, with the final language to be
determined by the City Manager.
M. Acceptance and Maintenance of Certain Parkways on SDrin
Road [Carlsberg]. Staff Recommendation: Direct staff to
advise the developer for the Carlsberg Specific Plan area
that the subject parkways on Spring Road will be accepted
by the City, subject to the conditions set forth in
Sections A and E of the agenda report.
N. Consider Approval of License Agreement with Southern
California Edison Company for Placement of Signs and
Banners on Ornamental Street Light Standards. Staff
Recommendation: Approve License Agreement with Southern
California Edison subject to final language approval by
City Manager and City Attorney.
The following items were pulled from the Consent Calendar for
individual consideration:
H. 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
Minutes of the City Council
Moorpark, California Page 10 April 5, 2000
Reconstruct the Spring Road Bridge. 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.
Mayor Hunter asked if the item needed to be discussed in
Closed Session. Mr. Kueny recommended continuing the
item to April 19, 2000.
MOTION: Mayor Hunter moved and Councilmember Evans seconded
a motion to continue the item to April 19, 2000. The motion
carried by unanimous voice vote.
J. Consider ADDroval of an Increase to the Amount of the Fee
for Construction Engineering Services for the Spring Road
Bridge Reconstruction Project. Staff Recommendation:
Approve an increase to the fee amount for Construction
Engineering services for the Spring Road Bridge
Replacement Project, in the amount of $92,540, and
authorize the City Manager to sign an Amendment to the
Agreement for said services to effect said increase.
The item was continued to April 19, 2000, upon reordering
of the agenda.
12. ORDINANCES:
None.
13. CLOSED SESSION:
Mr. Kueny announced that Council would be going into closed
session for a discussion of Items 13.A., 13.C., 13.D., 13.J.,
and 13.K. on the agenda.
Ms. Kane announced that with respect to Item 13.A., that the
facts and circumstances creating significant exposure to
litigation, consist of the dispute between the City and TM
Engineering relative to the construction of the Spring Road
Bridge.
MOTION: Councilmember Wozniak moved and Councilmember Evans
_ seconded a motion to adjourn to closed session for a
discussion of Items 13.A., 13.C., 13.D., 13.J., and 13.K. on
the agenda. The motion carried by unanimous voice vote. The
time was 8:38 p.m.
Minutes of the City Council
Moorpark, California Page 11 April 5, 2000
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)
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)
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
Property: 555 Spring Road, Moorpark, CA 93021
Agency Negotiator: Steven Kueny, City Manager
Negotiating Parties: City of Moorpark and F. L. Pederson
Testamentary Trust
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
Minutes of the City Council
Moorpark, California Page 12 April 5, 2000
-` At this point in the meeting a recess was declared. The time was
8:38 p.m. The Council meeting reconvened into closed session at
9.10 P.M.
Present in closed session were Councilmembers Evans,
Harper, Rodgers, Wozniak and Mayor Hunter; Steven Kueny,
City Manager; Deborah Traffenstedt, City Clerk; Cheryl
Kane, City Attorney; and Wayne Loftus, Director of
Community Development.
The Council reconvened into open session at 10:18 p.m.
Mr. Kueny announced that Items 13.A., 13.C., 13.D.,
13.J., and 13.K. were discussed and that there was no
action to report.
14. ADJOURNMENT:
Mayor Hunter adjourned the meeting at 10:18 p.m.
ATTEST:
S.
Deborah S. Traffenste t
City Clerk