HomeMy WebLinkAboutMIN 2000 0607 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California June 7, 2000
A Regular Meeting of the City Council of the City of Moorpark was held
on June 7, 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 6:54 p.m.
2. INVOCATION:
Reverend John Love, Associate Pastor, Holy Cross Catholic
Church, gave the invocation.
3. PLEDGE OF ALLEGIANCE:
Kenny Bobertz, Teen Council Chair, 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; Dirk Lovett, City Engineer; Dana
Shigley, Director of Administrative Services;
Hugh Riley, Assistant City Manager; Sergeant
Ron Nelson, Sheriff's Department; Deborah
Traffenstedt, City Clerk; and La -Dell
Vanderen, Deputy City Clerk.
5. PROCLAMATIONS AND COMMENDATIONS:
A. Recognition to Outgoing Teen Council Members.
Mayor Hunter recognized the following teens for their
valuable contributions to the Teen Council: Kenny
Bobertz, Amy LaFata, Alex Jones, Laura Bealer, Randy
Koszela, Ashley Schoonover, Chaely Cooper, Colleen
Lambert, and Kevin Randolph.
B. Recognition of Sgt. Terry Hughes, Moorpark Police
Department.
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Moorpark, California Page 2 June 7, 2000
Mayor Hunter recognized Sgt. Terry Hughes for his years
of service to the community and presented him with a
plaque.
C. Recognition of Deborah S. Traffenstedt, CMC, ATOM /City
Clerk, for attainment of Municipal Clerk Designation.
Mayor Hunter recognized Ms. Traffenstedt for her
attainment of the Municipal Clerk designation and
presented her with a plaque.
D. Annual Library Update Presentation by Starrett Kreissman,
Ventura County Library Director.
Starrett Kreissman discussed Moorpark Library
improvements over the past year.
6. PUBLIC COMMENT:
Kenny Bobertz, Moorpark Teen Council, provided a power point
presentation to show the Teen Council activities in FY 1999-
2000.
—' Daniel Leon, Moorpark High School student, asked for City
support of the Cops and Jocks Program. He discussed the
principles of the program. He stated Moorpark High had been
a member since 1993. He asked for a City or Police Department
liaison to work with the students.
Dale Parvin, 15308 Bittner Place, representing the Centennial
Committee, invited residents to attend the free Centennial
event on Saturday, June 10, 2000.
Gerald Goldstein, 11932 Los Angeles Avenue, discussed the
importance of veterans and the need for recognition.
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 a t
this time.)
Councilmember Evans indicated he intended to pull Item 11.C.
from the Consent Calendar for discussion.
8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Mayor Hunter announced two vacancies on the Ventura County
Area Agency on Aging Advisory Council and indicated the
deadline for applications was June 9, at 5:00 p.m. He
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Moorpark, California Page 3 June 7, 2000
announced the Centennial Celebration: "A Walk Through History"
to be held on June 10, 2000.
9. PUBLIC HEARINGS:
A. Consider a Request 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) Open the public hearing and consider
testimony and evidence submitted and close the public
hearing; 2) Consider that this project is categorically
exempt from CEQA requirements as a Class 12 exemption for
the sale or vacation of excess property; 3) Consider that
this requested right -of -way vacation is in conformance
with the General Plan as determined by Planning
Commission Resolution No. 2000 -390; 4) Determine that the
portion of right -of -way is not useful as a non - motorized
transport facility; 5) Adopt Resolution No. 2000 -1747
ordering the vacation of the portion of Los Angeles
Avenue East right -of -way, at the northeast corner of the
intersection of Condor Drive and directing the City Clerk
to record this Resolution and provide notice as required
by law.
Mr. Lovett gave the staff report.
Mayor Hunter opened the public hearing. There being no
speakers, Mayor Hunter closed the public hearing.
MOTION: Councilmember Evans moved and Councilmember Harper
seconded a motion to: 1) Consider that this project is
categorically exempt from CEQA requirements as a Class 12
exemption for the sale or vacation of excess property; 2)
Consider that this requested right -of -way vacation is in
conformance with the General Plan as determined by Planning
Commission Resolution No. 2000 -390; 3) Determine that the
portion of right -of -way is not useful as a non - motorized
transport facility; and 4) Adopt Resolution No. 2000 -1747
ordering the vacation of the portion of Los Angeles Avenue
East right -of -way, at the northeast corner of the intersection
of Condor Drive and directing the City Clerk to record this
Resolution and provide notice as required by law. The motion
carried by unanimous voice vote.
B. Consider Final Review and Chanqes to the Enqineers Report
for AD84 -2 and the Adoption of a Resolution Confirming
the Assessment Amounts for Fiscal Year 2000/01. Staff
Recommendation: 1) Open the public hearing, receive
testimony and close the public hearing; 2) Approve the
changes to the Engineer's Report listed in Exhibit 2 of
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Moorpark, California Page 4 June 7, 2000
the agenda report; and 3) Adopt Resolution No. 2000 -1748
making certain changes to AD84 -2 and confirming the
assessments for Fiscal Year 2000/01.
Mr. Gilbert gave the staff report.
Mayor Hunter opened the public hearing. There being no
speakers, Mayor Hunter closed the public hearing.
In response to Councilmember Wozniak, Mr. Gilbert stated
the assessments would remain the same as the previous
year except for Zone 12, Carlsberg Specific Plan.
MOTION: Councilmember Harper moved and Councilmember Wozniak
seconded a motion to: 1) Approve the changes to the Engineer's
Report listed in Exhibit 2 of the agenda report; and 2) Adopt
Resolution No. 2000 -1748 making certain changes to AD84 -2 and
confirming the assessments for Fiscal Year 2000/01. The motion
carried by unanimous voice vote.
10. PRESENTATION /ACTION /DISCUSSION:
A. Consider Approval of Resolution No. 2000 -1749, Approving
the Preliminary Assessment Engineer's Report, the Parks
and Recreation Maintenance and Improvement Assessment
District Levy Amount, and Setting the Date for the Public
Hearing for June 21, 2000. Staff Recommendation: Adopt
Resolution No. 2000 -1749, approving the preliminary
Engineer's Report and assessment amount contained within,
and setting the public hearing date.
Ms. Lindley gave the staff report.
MOTION: Councilmember Harper moved and Councilmember Wozniak
seconded a motion to adopt Resolution No. 2000 -1749, approving
the preliminary Engineer's Report and assessment amount
contained within, and setting the public hearing date. The
motion carried by unanimous voice vote.
B. Consider Minor Modification No. 3 to Specific Plan No.
92 -1 (Carlsberg Specific Plan) to Reduce the Length of
the Trail System (Applicant: Lennar Communities of
California). Staff Recommendation: Adopt Resolution No.
2000 -1750 approving Minor Modification No. 3 to Specific
Plan No. 92 -1 (Carlsberg Specific Plan) to modify the
project trail network as shown on Exhibit "A" of the
Resolution.
Mr. Loftus gave the staff report.
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Moorpark, California Page 5 June 7, 2000
In response to Mayor Hunter, Mr. Loftus explained that
the approved trail system originally connected Science
Drive to Spring Road but sensitive vegetation, the blue
line stream and two detention basins conflict with the
trail.
In response to Councilmember Wozniak, Mr. Loftus stated
it was staff's conclusion that recognition of the
biological significance resulted in trail modifications.
He discussed concerns expressed by other agencies.
In response to Councilmember Evans, Mr. Loftus explained
that the map used for the trails did not portray the
current lot locations but the revised trail system was
achievable.
Lloyd Laycook,1850 Gammon Court, Thousand Oaks,
representing Lennar Homes, stated the developers had
worked hard to obtain permits from the resource agencies,
including resolving the location of trails. He referenced
the watershed area for the vernal pool and explained why
the trail was eliminated in the vicinity of that
sensitive habitat area. He requested approval of the
revised trail system.
MOTION: Councilmember Wozniak moved and Councilmember Harper
seconded a motion to adopt Resolution No. 2000 -1750 approving
Minor Modification No. 3 to Specific Plan No. 92 -1 (Carlsberg
Specific Plan) to modify the project trail network as shown on
Exhibit "A" of the Resolution. The motion carried by unanimous
voice vote.
C. Consider Comments on Intersection Improvement at State
Routes 34 and 118 and Donlon Road. Staff Recommendation:
Clarify April 19, 2000, City Council Action.
Councilmember Wozniak gave the report. He discussed the
letter sent to Caltrans regarding State Route (SR) 34 and
SR -118 and the need to clarify the City's intent to the
Ventura County Transportation Commission (VCTC) regarding
the weigh station.
Councilmember Harper concurred that it was necessary to
send a follow -up letter clarifying the City's position.
In response to Mayor Hunter, Mr. Kueny stated VCTC would
prefer a letter of clarification.
Councilmember Evans stated there was a problem at the
intersection that needed to be fixed and it was necessary
for a comprehensive plan for the overall corridor. He
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Moorpark, California Page 6 June 7, 2000
suggested directing staff to write a letter of
clarification.
Eloise Brown, 13193 Annette Street, stated the letter
indicated the City Council requested suspension of the
improvement until a comprehensive plan was prepared. She
agreed that it was necessary to send a letter of
clarification.
Bernardo M. Perez, 4237 Canario Court, asked for
clarification regarding prior discussions to remove the
highway designation for SR -118.
Councilmember Wozniak stated that at a recent workshop,
VCTC staff discussed the difficulty of removing a highway
from national and federal designations. He stated it
appeared that it would be difficult for the City to try
to remove trucks or get the highway off the National
grid. He stated it was necessary to review all available
options.
Councilmember Evans identified the Federal and State
legislators that had told him that removal of SR -118 from
the National grid would not happen.
Councilmember Rodgers stated she could agree with sending
a letter.
CONSENSUS: By consensus, the Council directed staff to write
a letter to Caltrans clarifying the Council's position
regarding the last paragraph of the April 25, 2000, letter to
Mr. Sassman.
Mayor Hunter announced that Items 10.D. and 10.E. would be
considered concurrently.
D. Consider City Goals and Objectives for Fiscal Year
2000/2001. Staff Recommendation: Consider city goals and
objectives for Fiscal Year 2000 -2001.
E. Consider Presentation of City Manager's Recommended
Operating and Capital Improvements Budget for Fiscal Year
2000/2001. Staff Recommendation: Consider recommended
budget for Fiscal Year 2000/2001.
Mr. Kueny gave the staff report.
CONSENSUS: By consensus, the Council continued Items 10.D.
and 10.E. to a special meeting on June 14, 2000, at 6:30 p.m.
Minutes of the City Council
Moorpark, California Page 7
11. CONSENT CALENDAR:
June 7, 2000
Councilmember Evans requested that Items 11.C. and 11.K. be
pulled.
MOTION: Councilmember Wozniak moved and Councilmember Rodgers
seconded a motion to approve the Consent Calendar, with the
exception of Items 11.C. and ll.K. The motion carried by
unanimous roll call vote.
A. Consider Approval of Minutes of a Regular Meeting of
February 2, 2000.
Consider Approval of Minutes of a Regular Meeting of
February 16, 2000.
Consider Approval of Minutes of a Regular Meeting of May
3, 2000.
Consider Approval of Minutes of a Special Meeting of May
17, 2000.
Staff Recommendation: Approve minutes as processed.
B. Consider Approval of Warrant Register - June 7, 2000.
Fiscal Year 1999/2000
Manual Warrants
Voided Warrants
(Pentamation
additional remittance
copies)
Payroll Liability
Warrants
102412 - 102413 &
102542 - 102550 &
102559 - 102562
100793 & 102029 &
102269 & 102543 &
102652 & 102668
102551 - 102558
$ 21,946.96
$ (265.44)
$ 13,268.35
Regular Warrants 102563 - 102695 $225,568.19
Staff Recommendation: Approve the Warrant Register.
D. Consider Amendment to Cooperation Agreement with County
of Ventura for Community Development Block Grant (CDBG)
Administration. Staff Recommendation: 1) Approve
Amendment #1 to the Cooperation Agreement for the CDBG
Program; and 2) Authorize the City Manager to execute
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Moorpark, California Page 8 June 7, 2000
Amendment #1 and subsequent renewals of the Cooperation
Agreement.
E. Consider Adoption of Resolution No. 2000 -1751, Amending
the FY 99/00 Budget for Landscape Repairs in Assessment
District 84 -2, Zone 10. Staff Recommendation: Adopt
Resolution No. 2000 -1751, amending the FY 99/00 Budget
for landscape repairs in Assessment District 84 -2, Zone
10. (ROLL CALL VOTE REQUIRED.)
F
Consider Adoption of Resolution No. 2000 -1752, Amendin
the FY 99/00 Budget for Landscape Irrigation Repairs in
Assessment District 84 -2, Citywide Zone. Staff
Recommendation: Adopt Resolution No. 2000 -1752, amending
the FY 00/99 Budget for landscape irrigation repairs in
Assessment District 84 -2, Citywide Zone. (ROLL CALL VOTE
REQUIRED.)
G. Consider Rejection of Claim: TM Engineering. Staff
Recommendation: Reject the claim and direct staff to send
a standard rejection letter to the claimant.
H. Consider Approval of Final Map Tract 4975 ( Lennar Homes).
Staff Recommendation: 1) Approve the Final Map for Tract
4975 along with the Agreement for Construction of
Subdivision Improvements and Reimbursement between the
City and Lennar Homes of California, Inc.; 2) Authorize
the Mayor and City Clerk to sign the Final Map Title
Sheet, Agreement for Construction of Subdivision
Improvement and Reimbursement, and Release of Covenant
and Agreement; and 3) Authorize recordation of the Final
Map for Tract 4975, the Agreement for Construction of
Subdivision Improvements and Reimbursements, and Release
of Covenant and Agreement.
I. Consider Approval of Final Map Tract 5201 (Wilshire
Builders, Inc. - formerly Peach Hill, L.L.C.) . Staff
Recommendation: 1) Approve the Final Map for Tract 5201
along with the Agreement for Construction of Subdivision
Improvements and Reimbursement between the City and
Wilshire Builders, Inc.; 2) Authorize the Mayor and City
Clerk to sign the Final Map Title Sheet, Agreement for
Construction of Subdivision Improvements and
Reimbursement; and 3) Authorize recordation of the Final
Map for Tract 5201 and the Agreement for Construction of
Subdivision Improvements and Reimbursements.
J. Consider Report on Moorpark Mobilehome Park. Staff
Recommendation: Receive and file this report.
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Moorpark, California Page 9 June 7, 2000
The following items were pulled from the Consent Calendar for
individual consideration:
C. Consider Approval of Addendum to VISTA - East Cooperative
Agreement, to Revise Route and Service Descriptions and
Performance Reporting, Effecting an Expansion of Service.
Staff Recommendation: Approve the Addendum to the
Cooperative Agreement among the cities of Moorpark, Simi
Valley, Thousand Oaks, and VCTC for Ventura Intercity
Service Transit Authority (VISTA) -East for FY 2000/2001,
subject to final language approval by the City Manager
and City Attorney, and authorize the Mayor to sign the
Agreement on behalf of the City.
Councilmember Evans provided information on the proposed
expansion of East VISTA service. He suggested exploring
the City routes to decrease headway time and increase
use. He suggested Moorpark consider a Dial -A -Ride
program.
In response to Mayor Hunter, Councilmember Evans stated
other cities supported expanding the service.
Ms. Lindley stated other cities, staff indicated other
Councils would support the matter.
Mr. Kueny stated staff would reschedule the item for
Council consideration if any of the other cities did not
support the proposed Addendum.
In response to Councilmember Rodgers, Ms. Lindley
explained that the State allowed three years to test
programs to determine if they would generate fare box
returns required for use of Transportation Development
Act ( (TDA) funds.
MOTION: Councilmember Evans moved and Councilmember Rodgers
seconded a motion to approve the Addendum to the Cooperative
Agreement among the cities of Moorpark, Simi Valley, Thousand
Oaks, and VCTC for Ventura Intercity Service Transit Authority
(VISTA) -East for FY 2000/2001, subject to final language
approval by the City Manager and City Attorney, and authorize
the Mayor to sign the Agreement on behalf of the City. The
motion carried by unanimous voice vote.
K. Consider Restructuring of the City of Moorpark Loan to
the Boys and Girls Club of Moorpark. Staff
Recommendation: Authorize: 1) repayment of the principal
amount of the Boys and Girls Club loan in the amount of
$82,000 over 82 months with monthly installments of
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Moorpark, California Page 10 June 7, 2000
$1,000 beginning July 1, 2000; 2) that all unpaid accrued
interest will be waived; and 3) the City Manager to
execute a new promissory note.
Councilmember Evans stated the Boys and Girls Club was
very cost effective. He stated he would support relieving
the Club of the debt because of the services provided.
Councilmember Harper stated he was in complete agreement.
He stated the Club offered auxiliary programs to City
programs. He indicated it was a special case and he could
support forgiving the loan.
Councilmember Rodgers stated she could not make a
decision to relieve the debt at this point. She stated
the City had been generous and supportive of the Boys and
Girls Club. She stated she was not ready to forgive the
loan, although she was willing to reduce the loan
interest to zero percent (0 %) and continue to support the
Club.
Councilmember Wozniak stated it was not the appropriate
time to forgive the loan. He stated the Boys and Girls
Club did an outstanding job. He stated a decision on not
requiring payment of the loan could be considered in the
future.
Mayor Hunter stated it was not appropriate to consider
forgiving the loan at this time. He stated the Boys and
Girls Club Board believed it now had the ability to make
payments on the loan.
MOTION: Councilmember Evans moved and Councilmember Harper
seconded a motion to authorize: 1) repayment of the principal
amount of the Boys and Girls Club loan in the amount of
$82,000 over 82 months with monthly installments of $1,000
beginning July 1, 2000; 2) that all unpaid accrued interest
will be waived; and 3) the City Manager to execute a new
promissory note. The motion carried by unanimous voice vote.
12. ORDINANCES:
None.
13. CLOSED SESSION:
Mr. Kueny announced that Council would be going into closed
session for a discussion of one case under Item 13.A. and
Items 13.C., 13.I., and 13.J. on the agenda.
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Moorpark, California Page 11
June 7, 2000
The City Attorney announced that the facts and circumstances
creating significant exposure to litigation consist of a claim
received from TM Engineering, the general contractor on the
Spring Road Bridge project.
MOTION: Councilmember Evans moved and Councilmember Wozniak
seconded a motion to adjourn to closed session for a
discussion of one case under Item 13.A. and Items 13.C.,
13.I., and 13.J. on the agenda. The motion carried by
unanimous voice vote. The time was 8:29 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)
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)
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)
J. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Attorney, Assistant to City Manager /City
Clerk, City Manager, City Engineer, Chief of Police,
Deputy City Manager Director of Administrative Services,
Director of Community Development, Director of Community
Services, Director of Public Works
AT THIS POINT in the meeting, a recess was declared. The
Council reconvened into closed session at 8:46 p.m.
Present in closed session were Councilmembers Evans,
Harper, Rodgers, and Wozniak. Mayor Hunter arrived at
9:00 p.m. Also present were Steven Kueny, City Manager;
Cheryl Kane, City Attorney; Wayne Loftus, Director of
Community Development; Ken Gilbert, Director of Public
Works; and Deborah Traffenstedt, City Clerk.
Councilmember Rodgers did not participate in the
discussion for Items 13.C. and 13.I. Ms. Traffenstedt,
Mr. Loftus, and Mr. Gilbert left the meeting at 9:45 p.m.
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Moorpark, California Page 12 June 7, 2000
The Council reconvened into open session at 10:02 p.m.
Mr. Kueny announced that one case under Item 13.A. and
Items 13.C., 13.I., and 13.J. on the agenda were
discussed that that there was no action to report.
14. ADJOURNMENT:
Mayor Hunter adjourned the meeting at 10:02 p.m.
ATTEST:
Deborah S. Traffensted
City Clerk