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HomeMy WebLinkAboutMIN 2001 0221 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California February 21, 2001 A Regular Meeting of the City Council of the City of Moorpark was held on February 21, 2001, 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 6:48 p.m. 2. INVOCATION: Pastor Tony Amatangelo, Life Spring Community Church gave the invocation. 3. PLEDGE OF ALLEGIANCE: Steven Kueny, City Manager, led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Wozniak and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Joseph Montes, Acting City Attorney; Hugh Riley, Assistant City Manager; Ken Gilbert, Director of Public Works; Mary Lindley, Director of Community Services; Wayne Loftus, Director of Community Development; Dana Shigley, Director of Administrative Services; Walter Brown, City Engineer; Captain Robert LeMay, Sheriff's Department; Nancy Burns, Senior Management Analyst; John Libiez, Planning Manager; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and La -Dell VanDeren, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: A. Introduction of Captain Robert LeMay, Chief of Police. Mayor Hunter introduced Sheriff Bob Brooks, who introduced Captain Robert LeMay as the City's new Chief of Police. B. Introduction of Cindy Jensen, Senior Center Coordinator, Community Services Department. Minutes of the City Council Moorpark, California Page 2 February 21, 2001 Mayor Hunter introduced Cindy Jensen, Senior Center Coordinator. C. City Manager's Monthly Report. Mary Lindley, Director of Community Services, gave the monthly report. Ms. Lindley gave an update with regard to several projects including: the Arroyo Vista Community Park Phase 2 restroom and concession facilities; request for proposal for the community swimming pool; and the installation of an electric door at the senior center. Ms. Lindley discussed the completion, by the City's tree vendor, of the first automated tree inventory. She also discussed the success of the City's winter camp, with 68 children participating. She advised that both adult and youth sports are very active, and teen programs are very strong. She discussed the success of the Moorpark after Dark events, a planned battle of the bands event, replacement of skate ramps, and teen newsletter that is under preparation. She described a meeting that had been recently held with other local agency teen coordinators to talk about programs and share ideas and resources. She summarized senior events and volunteer recognition and the success of the two -route transit system. 6. PUBLIC COMMENT: Ronald O'Neill, 4048 Winterwood Court, stated that he is a volunteer for Catholic Charities and spoke in support of Catholic Charities' request for assistance from the City with providing facilities for that organization. Nick Hoogoian, 11815 Darlene, spoke in opposition to no parking and no stopping signs on Los Angeles Avenue. He suggested allowing one -hour parking and spoke in support of the trucking industry. Chris Evans, 4430 Cedarglen Court, spoke in support of finding a new location for Catholic Charities. He also spoke about the importance of Catholic Charities to the community and their years of service in the Moorpark community. Minutes of the City Council Moorpark, California Page 3 February 21, 2001 Robert Bagdazian, 303 N. Ventura Avenue, Ventura, the Regional Director for Catholic Charities of Ventura County discussed the types of services that Catholic Charities has provided to the city of Moorpark for the past 25 years. He thanked the city staff for their assistance. He also discussed the reasons why relocation was necessary. Gerald Goldstein, 11932 Los Angeles Avenue, spoke in support of Catholic Charities. He also spoke about the danger of some attic heaters in homes in Mountain Meadows. 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 Mikos requested Items 11.B. and 11.H. be pulled from the Consent Calendar; Mayor Hunter requested Item 11.C. be pulled from the Consent Calendar; and Councilmember Harper requested Item 11.D. be pulled from the Consent Calendar. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos spoke about the unmet transit needs hearing and stated that she can still accept comments from the public to provide to the Ventura County Transportation Commission (VCTC). Mayor Hunter announced that Arroyo Vista Recreation Center would host a Band Jam for teens on March 2n6 from 7:30 p.m. to 9:30 p.m. He also announced a teen outing at Disney's California Adventure Theme Park on Monday, March 26. Councilmember Harper requested an item on the next agenda regarding the potential move of Catholic Charities to High Street. Councilmember Mikos requested a future agenda item regarding support for KCET Public Television. Councilmember Millhouse stated that he has received a recall notice of defective attic heaters. He asked that a notice be posted on the City's home page to identify the model numbers of the defective attic heaters. Minutes of the City Council Moorpark, California Page 4 February 21, 2001 9. PUBLIC HEARINGS: A. Consider Conditional Use Permit No. 2000 -05, a Request to Allow the Off -site Sale of Beer and Wine for Take- out Only at an Existing Gasoline Station, Car Wash and Mini -Mart located at 550 W. Los Angeles Avenue, at the Southwest Corner of Liberty Bell Road and Los Angeles Avenue. (Applicant: Eddie Garabaghi). Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) determine that the requested off -site sale of beer and wine is exempt from CEQA pursuant to Section 15303 of the California Environmental Quality Act; and 3) adopt Resolution No. 2001 -1815 approving Conditional Use Permit No. 2000 -05 subject to the conditions contained in the draft Resolution. Mr. Loftus gave the staff report. In response to Mayor Hunter, Mr. Loftus replied that with regard to Condition No. 24 on stamped page 11, he did not recall a similar condition of approval that other applicants were required to lock their alcoholic beverage coolers. Mr. Loftus stated that the Police Department recommended the condition because the alcohol beverage cooler location is not readily visible from the cash register area. Mr. Loftus further stated that he explored the idea of locking the rear doors to prevent the need to lock the alcohol beverage coolers; however, locking the doors is precluded by the Uniform Building Code. Mr. Loftus stated that based on the layout and the request by the Police Department, the recommendation for the condition as written was brought forward. Mayor Hunter opened the public hearing. Joe Ahearn, 484 East Los Angeles Avenue, #214, spoke on behalf of the applicant. Mr. Ahearn stated that in going through the proposed conditions of approval, they were in agreement with Conditions 1, 2, and 3. He asked if Condition 4 was a standard condition with regard to revocation of the license for noise or disturbance. He asked if the condition could be reworded. He stated regarding Condition 5, further direction is needed from the Director of Community Development about what is required to cover the Minutes of the City Council Moorpark, California Page 5 February 21, 2001 existing trash enclosure. He stated his concurrence with Condition 6. He stated a clarification was need of the definition of Condition 7 regarding the wording "control of the licensee." He stated his agreement with Condition 8 and Condition 11 that there would be no floor displays of beer and wine, which are not visible to the cashier. He stated that Condition 10 regarding the age of the person selling alcohol did not need to be restated because it is a State Law. He stated his agreement with Condition 12. He stated his confusion about Condition 13 and the approval of the interior lighting, and he asked if the current lighting is sufficient. He stated that since Conditions 14, 15, 19, 20, 21, and 22 were all conditions of the prior permit on the property, there was no need to restate them unless there were modifications. He stated that Condition 24 regarding locking alcohol beverage coolers is unprecedented. He stated that other facilities such as Ralph's and Longs have two doors and there have not been problems with their facilities. He stated that Condition 23 has been complied with since there are a number of video surveillance cameras already installed in the facility. He further stated that the applicant's prior business operation has had no police incidents, no code violations and no thefts or robberies at the store. Chris Evans, 4430 Cedarglen Court spoke in support of allowing the applicant the Conditional Use Permit (CUP). He also stated that Condition 24 regarding locking the alcohol beverage coolers would be precedent setting and that there are other businesses that do not have that condition imposed on them. Mr. Evans stated that the applicant has been a responsible member of the community and should be allowed this CUP. Mayor Hunter suggested reviewing the conditions in order. In response to Mayor Hunter, Mr. Loftus stated that Condition 4 was one that has been used often. He stated there may be violations that the Alcohol Beverage Control (ABC) will respond to or not and this condition will allow the city to monitor and respond to a violation if needed. Minutes of the City Council Moorpark, California Page 6 February 21, 2001 In response to Councilmember Millhouse, Mr. Loftus stated that without Condition 4, a Public Hearing would be required in order to revoke any privileges provided to an applicant in a CUP. In response to Mayor Hunter, Mr. Loftus replied that the most recent applicants, who have the same condition for their CUP, are Longs, Handiest Food Mart and Rite Aid. Councilmember Harper stated that he sees nothing wrong with allowing some flexibility on behalf of the City and the language should be left in. CONSENSUS: By consensus, the Council agreed to make no changes to Condition 4. In response to Mayor Hunter, Mr. Loftus stated that Condition 5 was incorporated because of stringent standards of the National Pollutant Discharge Elimination System (NPDES) pertaining to contamination of drainage water into the Arroyo Simi. He stated that the covering of trash enclosures to prevent drainage is becoming an enforcement issue. He stated that this condition is an after the fact recommendation, because it was not required when the property was initially approved. In response to Mayor Hunter, Mr. Loftus stated the City has not asked anyone to retrofit trash enclosures unless they have brought forward a new discretionary permit. He stated that the enclosure is required to preclude rainwater from going through trash or debris in the trash enclosure. In response to Mayor Hunter, Mr. Loftus stated that there are no other options available. He stated that this requirement is an added precaution due to NPDES enforcement throughout the county. He stated that the inspectors are contacting business owners regarding compliance. In response to Councilmember Mikos, Mr. Loftus replied that the NPDES inspectors could fine the City when there is a problem. He stated that the perpetrator of the point source problem may or may not be fined depending on whether the City took the proper steps Minutes of the City Council Moorpark, California Page 7 February 21, 2001 and imposed best management practices. Mr. Loftus stated that the inspectors have become more aggressive in enforcement over the past year. He stated that the Felsenthal building on Condor, the Vons pad building and Pinecrest Schools all have covered trash enclosures. Mr. Gilbert stated if we fail to implement the best management practices in reviewing discretionary permits, we would be in violation of our permit and subject to fines. In response to Councilmember Millhouse, Mr. Loftus stated that requiring closure of dumpster lids could be included in a condition; however, enforcement of that condition would be a problem. Mr. Gilbert stated that the best measures are the passive ones. He stated that once roof enclosure is installed, a large amount of pollutants are prevented from getting into the gutter and ultimately into the arroyo. In response to Councilmember Harper, Mr. Loftus replied that the water drainage from the trash area goes into a drain in the pavement in front of the trash enclosure and that drain water makes its way into the arroyo. Councilmember Millhouse stated that he thinks it is more appropriate to be sure the lids on the trash cans are closed. He stated that he does not see the connection to the trash enclosure and the application to sell beer and wine. Councilmember Mikos stated her disagreement and stated that there is a connection to pollution to the arroyo and the water supply. She also stated that Mr. Gilbert's explanation is clear that the City can be fined for not taking the best management practice and requiring the enclosure. Councilmember Wozniak stated that the National Pollutant Discharge Elimination System (NPDES) program is federally mandated. He stated that the City is required to do whatever is the best approach to Minutes of the City Council Moorpark, California Page 8 February 21, 2001 correct the problem. He stated that the condition should remain as worded. Councilmember Harper stated that he was in agreement with Councilmembers Mikos and Wozniak. He stated that the condition is not an onerous one and this is an opportunity to bring this applicant into compliance with the new rules that are in effect. CONSENSUS: By consensus, the Council agreed to no change to Condition S. Mayor Hunter stated with regard to Condition 7, he suggested deleting the phrase "adjacent to the licensed premises." He stated the condition would read: "No alcoholic beverages shall be consumed on any property under control of the licensees." CONSENSUS: By consensus, the Council agreed to Condition 7 as amended with the phrase "adjacent to the licensed premises" deleted. In response to Mayor Hunter, Mr. Loftus stated that Condition 8 contains the same language that has been consistently used at Longs and Rite Aid and other similar applications for this type of use. CONSENSUS: By consensus, the Council agreed to no change to Condition 8. CONSENSUS: By consensus, the Council agreed to no change to Condition 10. In response to Mayor Hunter, Mr. Loftus stated that Condition 11 is related to Condition 24 as to whether the merchandise is displayed on the floor or in a cooler. He stated that if the merchandise is on a floor display and not in the cooler, it has typically been regulated by percentage of the overall square footage of the building. In response to Councilmember Harper, Mr. Loftus stated that any items on the floor must be in the direct line of sight of the cashier. He also stated that they could also clear a line of sight to the cooler to make it visible to the cashier. He stated the interior could be rearranged to allow some flexibility. Minutes of the City Council Moorpark, California Page 9 February 21, 2001 CONSENSUS: By consensus, the Council agreed to delete Condition 11, and the Council agreed to no change to Condition 12. In response to Mayor Hunter, Mr. Loftus stated that the sufficient illumination provision of Condition 13 was incorporated by request of the Police Department. In response to Mayor Hunter, Captain LeMay stated that the Police Department does not intend to impose unfair restrictions on applicants. He stated the Police Department is attempting to be sensitive to the potential "grab and dash" conditions of the facility where the alcohol will be sold. He stated that the request is based on the ability to have a clear view from the cashier area and also to have an unobstructed path to the coolers. Councilmember Mikos stated that Condition 13 relates to Condition 24, and it is too onerous to have everything locked up. Councilmember Harper stated he does not believe the condition is needed. CONSENSUS: By consensus, the Council agreed to delete Condition 13. Mayor Hunter stated that in regard to Condition 14, the phrase "adjacent to the premises" should be deleted. Mr. Kueny stated that the Council might have entered a gray area by eliminating Condition 11. He stated that some language is required so the applicant does not exceed the square footage of 3.5% for the floor area display. Mr. Loftus stated that the 3.5% is consistent with other facilities such as for Rite Aid and Long's. Councilmember Harper stated he agreed with Mr. Kueny and suggested adding language to Condition 12 that the square footage for floor display will be determined and approved by the Director of Community Development. Minutes of the City Council Moorpark, California Page 10 February 21, 2001 Councilmember Mikos stated that she agreed with some type of limit on the square footage of the floor display. CONSENSUS: By consensus, the Council determined to revise Condition 12 to add language that the square footage for floor display of alcohol will be determined and approved by the Director of Community Development. In response to Mayor Hunter, Mr. Loftus replied that if Conditions 15, 19, 20, 21, and 22 are redundant, they will be deleted. Mayor Hunter asked if there was consensus on the Council to delete Condition 24. CONSENSUS: By consensus, the Council agreed to delete Condition 24. Mr. Ahearn asked what needed to be done to complete the trash enclosure. Mr. Loftus stated an application would be filed with the Community Development Department. In response to Mayor Hunter, Mr. Loftus stated that regarding Condition 5, his preference is that the trash enclosure be in place before the sale of alcoholic beverages begins. Mr. Ahearn asked with regard to Condition 20 by what guidelines is the lighting measured. Mr. Kueny stated that the question to the Council is does the Council want additional lighting as a requirement of this Conditional Use Permit. In response to Councilmember Harper, Captain LeMay replied that the lighting appears adequate and there is no compelling reason to change the lighting. Councilmember Harper stated that he agrees with deleting Condition 20. CONSENSUS: By consensus, the Council agreed to delete Condition 20. Mayor Hunter closed the public hearing. Minutes of the City Council Moorpark, California Page 11 February 21, 2001 MOTION: Councilmember Harper moved and Councilmember Millhouse seconded the motion to adopt Resolution No. 2001- 1815, as amended, approving Conditional Use Permit No. 2000 -05. The motion carried by unanimous voice vote. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Report on the Proqress of Mountain View Development by Cabrillo Economic Development Corporation (Tract No. 5161, Residential Planned Development (RPD) No. 98 -7). Staff Recommendation: Direct staff as deemed appropriate. Ms. Burns gave the staff report. In response to Councilmember Harper, Mr. Brown replied that all of the outstanding issues have been substantially addressed. He stated that for the NPDES compliance issue, the information provided did not contain the specific units proposed or how they will be installed. Isabel Huerta, 288 Moorpark Avenue, spoke about her application to Cabrillo and her need for affordable housing. She asked that the City Council check into Cabrillo Economic Development Corporation's procedures for selection. She stated that she was number 15 or 16 on the list and she has not received any recent communication from Cabrillo. In response to Mayor Hunter, Ms. Huerta stated that she had been in communication with Cabrillo by telephone and had not submitted anything in writing recently. Karen Flock, 11011 Azahar Street, Saticoy, Housing Development Director for Cabrillo Economic Development Corporation, spoke about follow up with City Engineer. In response to Ms. Huerta's comments, Ms. Flock stated that the overall problem is that there were only 15 affordable units in this development and they used the first -come, first - served process in reviewing applications. She also stated that there are only four very low- income homes available and one of the families assigned to one of them was not happy with what was available in the first phase of homes to be built. Minutes of the City Council Moorpark, California Page 12 February 21, 2001 In response to Councilmember Millhouse, Ms. Flock stated that she could not elaborate on what is required to get the final map completed, because her engineer was not in attendance. In response to Councilmember Harper, that she understands what City staff regard to the engineering details. that Cabrillo is willing to form Council copies of response letters are writing to inquire about the application and how Cabrillo is marketing issues. Ms. Flock replied is requiring with She also stated yard to the City to families that status of their resolving their In response to Councilmember Mikos, Mr. Loftus stated that the dedication of the street right of way was a condition of the tentative map and original Residential Planned Development Permit. In response to Councilmember Millhouse, Mr. Brown stated the NPDES requirements include dimensions of units; method of connecting or assembling to drain inlets; and an exhibit showing extraction of the filters from the drain inlets. Mr. Brown also stated that an assessment district needs to be established. In response to Councilmember Millhouse, Mr. Brown replied that the computer modeling and exhibit for the NPDES compliance should take a day or two to complete. Councilmember Millhouse stated to Ms. Flock that he suggests her engineer get the final data to the City within one week. CONSENSUS: By consensus, the Council directed staff to bring back a continued status report on the March 7, 2001, meeting agenda under the Consent Calendar and to receive and file the report. B. Consider Resolution of Intent to Form Assessment District AD -01 -1 [Tract 5201 (Wilshire Builders)]. Staff Recommendation: 1) Adopt Resolution No. 2001 -1816 initiating the process required for the formation of Assessment District AD -01 -1; and 2) authorize the City Manager to negotiate and execute a contract amendment with Shilts Associates for the assessment engineering services required for said district formation. Minutes of the City Council Moorpark, California Page 13 February 21, 2001 Mr. Gilbert gave the report. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to: 1) Adopt Resolution No. 2001- 1816 initiating the process required for the formation of Assessment District AD -01 -1; and 2) authorize the City Manager to negotiate and execute a contract amendment with Shilts Associates for the assessment engineering services required for said district formation. The motion carried by unanimous voice vote. C. Consider Resolution of Intent to Form Assessment District AD -01 -2 [Tentative Tract 4928 (Toll Brothers)]. Staff Recommendation: 1) Review, revise (if deemed necessary) and approve the scope of improvements to be maintained by the assessment district, as that described in Section G of the agenda report; 2) adopt Resolution No. 2001 -1817 initiating the process required for the formation of Assessment District AD -01 -2; and 3) authorize the City Manager to negotiate and execute a contract amendment with Shilts Associates for the assessment engineering services required for said district formation. Mr. Gilbert gave the staff report. Craig Messi, 7000 Grimes Canyon Road, representative of Toll Brothers, spoke about the project, complimented staff and stated that he concurred with the staff recommendation. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to: 1) Approve the scope of improvements to be maintained by the assessment district, as that described in Section G of the agenda report; 2) adopt Resolution No. 2001 -1817 initiating the process required for the formation of Assessment District AD -01 -2; and 3) authorize the City Manager to negotiate and execute a contract amendment with Shilts Associates for the assessment engineering services required for said district formation. The motion carried by unanimous voice vote. D. Transportation Management Plan [TMP] for Las Posas Feeder No. 3 Waterline Project by the Calleguas Municipal Water District. Staff Recommendation: Concur with the Traffic Management Plan. Minutes of the City Council Moorpark, California Page 14 February 21, 2001 Mr. Gilbert gave the staff report. Susan Mulligan, Manager, Calleguas Municipal Water District, discussed their proposed project and the pipeline to be installed from Grimes Canyon to Spring Road along SR -118. She stated that during the project they will maintain two lanes of traffic in each direction and they will be implementing some tunneling at four key intersections. She stated they will restrict work hours to be outside of peak traffic hours and that a public information brochure will be given to those residents impacted by the work in front of their homes and facilities and signage with phone numbers will be posted. Mayor Hunter suggested that to assist with the public relations that the City would allow an announcement on our Channel 10 and the City's web site. In response to Councilmember Harper, Ms. Mulligan replied that it is unlikely that there would be a ground water contamination problem, because the acquifer is contained and is at a depth of approximately 800 to 1,100 feet. In response to Councilmember Harper, Mr. Kueny stated that we would ask Calleguas to address the issue of the four -week closure of a driveway at Mountaingate Plaza. Ms. Mulligan stated that they are working with the construction company, and they will address the driveway entrance issue at Mountaingate Plaza prior to starting the construction. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to concur with the Traffic Management Plan. The motion carried by unanimous voice vote. 11. CONSENT CALENDAR: Mayor Hunter announced that Items ll.B., 11.C., 11.D. and 11.H. were to be pulled from the Consent Calendar for individual consideration. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to approve the Consent Calendar with the Minutes of the City Council Moorpark, California Page 15 February 21, 2001 exception of Items 11.B., 11.C., 11.D., and 11.H. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Regular Meeting of September 6, 2000. Staff Recommendation: Approve minutes as processed. E. Adopt Resolution No. 2001 -1818 Amendinq the FY 2000/01 Budget to Enhance Teen Programs. Staff Recommendation: Adopt Resolution NO. 2001 -1818 amending the FY 2000/01 Budget by identifying the anticipated receipt of revenues in the amount of $5,000 to the General Fund and allocating an additional $5,000 from the General Fund Reserve to teen programs expenditures. (ROLL CALL VOTE REQUIRED) F. Consider a Recruest for the Release of Sureties for Improvements Associated with the Rite Aid /Kindercare Development, Parcel Map 5001, CPD 95 -1. Staff Recommendation: 1) Authorize the City Clerk to release surety #4440135 for $14,214 as outlined in the agenda report; and 2) authorize the City Clerk to release surety #8140535 for $15,000 as outlined in the agenda report. G. Consider Purchase of a Radar Trailer using State Grant Funds. Staff Recommendation: 1) Authorize staff to procure a radar trailer upon receipt of written grant approval; and 2) adopt Resolution No. 2001 -1819. (ROLL CALL VOTE REQUIRED) The following items were pulled for individual consideration: B. Consider Approval of Warrant Register - February 21, 2001. Manual Warrants Voided Warrants (Pentamation additional remittance copies) Payroll Liability Warrants 104902 - 104911 104908 104915 - 104923 $ 41,652.98 $ - 0 - $ 16,882.65 Minutes of the City Council Moorpark, California Page 16 February 21, 2001 Regular Warrants 104924 - 105036 $506,657.46 Staff Recommendation: Approve the Warrant Register. Councilmember Mikos stated that she pulled this item for two corrections. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to approve the Warrant Register as amended to include the two corrections. The motion carried by unanimous voice vote. C. Consider Completion of the Poindexter Sidewalk Project [No.80181. Staff Recommendation: Accept the project as completed. In response to Mayor Hunter, Mr. Kueny replied that because the item was listed incorrectly on the agenda, it may be taken off calendar. CONSENSUS: By consensus, the Council directed staff to take the item off calendar. D. Adopt Resolution No. 2001 -1820 Amending the FY 2000/01 Budget to Fund Performing Arts Efforts. Staff Recommendation: Adopt Resolution No. 2001 -1820, amending the FY 2000/01 Budget by transferring $3,000 from the General Fund Balance to the Community Services Department budget. (ROLL CALL VOTE REQUIRED) Councilmember Harper stated that he would suggest the transfer amount be increased to $6,000 to fund performing arts. MOTION: Councilmember Harper moved Wozniak seconded a motion to adopt Ro 1820, amending the FY 2000/01 Budget by from the General Fund Balance to the Department budget. The motion carried call vote. and Councilmember ssolution No. 2001 - transferring $6,000 Community Services by unanimous roll H. Consider Confirming Support for Resolution No. 99- 1604, Requesting the California Transportation Commission to Prohibit Trucks on State Route 118 from State Route 23 West to State Route 126. Staff Recommendation: Receive and file the report. Minutes of the City Council Moorpark, California Page 17 February 21, 2001 Councilmember Mikos inquired about stamped page 140, Section 2 of Resolution No. 99 -1604. She asked whether the reference should be State Route 23 rather than State Route 126. Mayor Hunter stated that the reference to State Route 126 was correct. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to receive and file the report. 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.I., 13.J., and 13.K. on the agenda. Mr. Montes announced, that for the 13.A., the facts and circumstances exposure to litigation consist of a litigation made by legal counsel Messenger, Jr., regarding a potential for Councilmember Mikos. one case under Item creating significant statement threatening representing William conflict of interest MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to adjourn to closed session for a discussion of one case under Item 13.A. and Items 13.I., 13.J., and 13.K. on the agenda. The motion carried by unanimous voice vote. The time was 8:51 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) I. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Assistant City Manager, Assistant to City Manager /City Clerk, City Manager, City Attorney, City Engineer, Chief of Police, Director of Administrative Services, Director of Community Development, Director of Community Services, and Director of Public Works. Minutes of the City Council Moorpark, California Page 18 February 21, 2001 J. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) Agency Designated Representative: Steven Kueny Employee Organization: Service Employees International Union, AFL -CIO, CLC, Local 998 K. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) Agency Designated Representative: Steven Kueny Unrepresented employees: Assistant City Manager, Director of Administrative Services, ATCM /City Clerk, Director of Community Development, Director of Community Services, Director of Public Works, Finance /Accounting Manager, Planning Manager, Principal Planner, Recreation Superintendent, and Senior Management Analyst. The Council reconvened into closed session at 9:00 p.m. Present in closed session were all Councilmembers; Steven Kueny, City Manager; Joseph Montes, Acting City Attorney; and Deborah Traffenstedt, ATCM /City Clerk. The Council reconvened into open session at 10:10 p.m. Councilmember Mikos left the meeting at this time. Ms. Traffenstedt announced in open session that the Council would be going into closed session for a discussion of Item 13.C. 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) Present in closed session were Councilmembers Harper, Millhouse, and Wozniak, and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, Acting City Attorney; and Deborah Traffenstedt, ATCM /City Clerk. The Council reconvened into open session at 10:15 p.m. Mr. Kueny announced that one case under Item 13.A. and Item 13.C. were discussed and that there was no action to report. Minutes of the City Council Moorpark, California Page 19 February 21, 2001 14. ADJOURNMENT: Mayor Hunter adjourned the meeting at 10:15 p.m. ATTEST: r- J �. OPQpaK cq���0 O Qy Deborah S. Traffens dt City Clerk z 10 „ /m 90 � O �