HomeMy WebLinkAboutMIN 2001 0502 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California May 2, 2001
A Regular Meeting of the City Council of the City of Moorpark
was held on May 2, 2001, in the Community Center of said City
located at 799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Mayor Hunter called the meeting to order at 6:45 p.m.
2. INVOCATION:
Pastor Errol Hale, Shiloh Community Church, gave the
invocation.
3. PLEDGE OF ALLEGIANCE:
Councilmember Keith Millhouse led the Pledge of Allegiance.
4. ROLL CALL:
Present: Councilmembers Harper, Mikos, Millhouse,
Wozniak, and Mayor Hunter
Staff Present: Steven Kueny, City Manager; Hugh Riley,
Assistant City Manager; Joseph Montes,
Acting City Attorney; Ken Gilbert, Public
Works Director; Mary Lindley, Community
Services Director; Wayne Loftus, Community
Development Director; Dana Shigley,
Administrative Services Director; John
Libiez, Planning Manager; Walter Brown, City
Engineer; Captain Robert LeMay, Sheriff's
Department; Nancy Burns, Senior Management
Analyst; Kim Chudoba, Senior Management
Analyst; Julie Hernandez, Senior Management
Analyst; Deborah Traffenstedt, Assistant to
City Manager /City Clerk; and La -Dell
VanDeren, Deputy City Clerk
5. PROCLAMATIONS AND COMMENDATIONS:
A. Introduction of Juan J. Garza Jr., Maintenance Worker
I, Public Works Department.
Mayor Hunter introduced Juan J. Garza Jr., Maintenance
Worker I, Public Works Department.
Minutes of the City Council
Moorpark, California Page 2 May 2, 2001
B. Introduction of Laura Stringer, Senior Management
Analyst, Community Development Department.
Mayor Hunter introduced Laura Stringer, Senior
Management Analyst, Community Development Department.
C. Proclamation Recognizing May as Veteran Appreciation
Month.
Councilmember John Wozniak accepted the proclamation
recognizing May as Veterans Appreciation Month.
D. Certificates of Recognition to the Moorpark High
School Academic Decathlon Students and Faculty.
Mayor Hunter introduced Larry Jones, Moorpark High
School Faculty Adviser to the Academic Decathlon Team,
who introduced the Moorpark High School Academic
Decathlon Team. Each of the students received a
Certificate of Recognition. The students recognized
were: Zach Ramirez, Brittany O'Hanlon, Judieann Tadeo,
Ashwin Jayant, Mike Morimoto, Kristina Ackermann, Matt
Gray, Mandi Gad, Jerome Yang, Michelle Kim and Sumeet
Mitter.
6. PUBLIC COMMENT:
Brett Tibbitts, a resident of the Community of Somis in
Ventura County, spoke on behalf of the non - profit
organization, Save Our Somis. He stated his interest in
State Route 118 and in increasing coordination between
Somis and Moorpark regarding future planning for the
highway. He requested a future opportunity to make a
presentation to the City Council regarding the pending
litigation and their desire to work cooperatively with the
City of Moorpark.
Gerald Goldstein, a Moorpark resident, spoke about a recent
fire department training exercise on a site west of
Chaparral School, and the impact that the training had on
the adjacent park and school.
AT THIS POINT in the meeting, the Council adjourned to convene
the Moorpark Redevelopment Agency Meeting. The time was 7:15
p.m. The Council meeting reconvened at 7:25 p.m. with all
Councilmembers present.
Minutes of the City Council
Moorpark, California Page 3
7. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
May 2, 2001
Councilmember Millhouse requested that Item 11.J. and Item
11.L. be pulled from the Consent Calendar.
Councilmember Harper requested that Item 11.H. and Item
11.I. be pulled from the Consent Calendar.
Councilmember Mikos requested that Item 11.A. be pulled
from the Consent Calendar.
8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Councilmember Mikos requested a future agenda item to have
the group from Save Our Somis make a presentation to the
City Council.
Councilmember Millhouse requested an item on the May 16,
2001, agenda giving a brief update to the City Council of
the City's contingency plans during the potential energy
crisis and rolling blackouts, including contact information
for the public and specifics about handling of railroad
crossing and main arteries for traffic to continue movement
within the City of Moorpark.
Councilmember Millhouse requested a future agenda item
addressing the issue of capital needs for recreational
facilities in the City; future growth and needs for
specific facilities for recreational fields and gymnasiums.
Councilmember Millhouse requested a future agenda item
suggesting input that the City Council should provide to
Caltrans to lessen the impact of the Highway 23 widening
project from Moorpark to Thousand Oaks.
Councilmember Millhouse requested a future agenda item
regarding a joint meeting of the City Councils of Simi
Valley and Thousand Oaks to discuss regional issues and the
possibility of forming an East County alliance to develop
projects of joint interest.
Mayor Hunter announced the dates and times for free compost
day at Arroyo Vista Recreation Center and free landfill day
for Moorpark residents at the Simi Valley Landfill and
Recycling Center.
Minutes of the City Council
Moorpark, California Page 4 May 2, 2001
Mayor Hunter announced several Senior Center activities
including a nature hike through Wildwood Park, the Mother's
Day Luncheon to be held at the Senior Center, a seminar on
the Power of Herbs, and an invitation to seniors with an
artistic flair to participate in the painting of a mural of
old town Moorpark.
Mayor Hunter also announced teen activities to be held at
Arroyo Vista Recreation Center, which includes a Band Jam,
an American Red Cross Baby Sitting Certification class, a
skate contest to be held at the Skatepark, and a Moorpark
After Dark Dance with games, a climbing wall, and a deejay.
9. PUBLIC HEARINGS:
A. Consider Zoning Ordinance Amendment ZOA 2001 -02
Related to Chapter 17.44, "Entitlement- Processing and
Procedures," and Chapter 17.60, "Amendments to this
Title." (Continued from April 18, 2001, with Public
Hearing open.) Staff Recommendation: 1) Continue the
public hearing; receive public testimony; close the
public hearing; and 2) Approve the proposed changes
and introduce for first reading an ordinance of the
City Council of the City of Moorpark to amend Zoning
Ordinance Chapters 17.44.and 17.60.
Mr. Loftus gave the staff report.
Councilmember Mikos stated the need for clarification
of the wording on stamped page 11, in the first column
under Discretionary Permit Standards. She stated that
a word or two might be missing; she then read the
section starting "All of the following standards...."
Mr. Loftus replied that language changes would be made
to clarify the intent prior to the second reading of
the ordinance.
Councilmember Mikos stated an editorial comment on the
wording on stamped page 19, in the first column, under
Exemptions. She stated that she would suggest the word
"any" be included before the words "individual City
Councilmember" for purposes of clarity.
In response to Mayor Hunter, Mr. Montes stated that it
would be acceptable to entertain the ordinance for
first reading with the minor editorial changes.
Minutes of the City Council
Moorpark, California Page 5 May 2, 2001
Mr. Montes stated that another correction was required
on stamped page 14, on the right side, bottom section,
under Section 17.44.030.0.4., Duration. He stated his
recommendation that the section be stricken and in its
place add: "Duration. Any variance remains valid for
so long as the use or structure which required the
variance continues." He stated that change would bring
the section into compliance with state law.
Mayor Hunter opened the public hearing, and there
being no speakers, Mayor Hunter closed the public
hearing.
Mr. Montes read the title for Ordinance No. 271.
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to waive full reading of
Ordinance 271. The motion carried by unanimous voice vote.
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded a motion to consider Ordinance No. 271, as
amended, introduced for first reading. The motion carried
by unanimous voice vote.
10. PRESENTATION /ACTION /DISCUSSION:
A. Appeal of Decision of the Director of Public Works
Denying an Application from the County of Ventura for
a Street Encroachment Permit to Construct
Modifications to Street Improvements Related to a
Proposed Project by the County to Realign Moorpark
Road. (Continued from April 4, 2001.) Staff
Recommendation: Continue to May 16, 2001.
Mayor Hunter stated the applicant submitted a letter
agreeing to a continuance to May 16, 2001.
MOTION: Councilmember Wozniak moved and Councilmember
Harper seconded a motion to continue this item to May 16,
2001. The motion carried by unanimous voice vote.
B. Consider Appointments to the Public Art Advisory
Committee. Staff Recommendation: Appoint two (2)
public members to the Public Art Advisory Committee to
serve a term that will end in December 2002.
Minutes of the City Council
Moorpark, California Page 6 May 2, 2001
Mayor Hunter stated his intention to nominate Jay
Moore and Mary Schwabauer to the Public Art Advisory
Committee.
Councilmember Millhouse stated that it is the
intention of the Committee to have open meetings. He
stated whether a person is on the Committee or not,
input would be appreciated from those who have ideas
to share.
Councilmember Mikos commented on the good pool of
candidates that applied for the Committee. She thanked
the public for applying, and she stated she had spoken
to Mary Schwabauer. Councilmember Mikos stated her
support for that nomination.
MOTION: Mayor Hunter moved and Councilmember Millhouse
seconded a motion to appoint Jay Moore as a public member
to the Public Art Advisory Committee. The motion carried
by unanimous voice vote.
MOTION: Mayor Hunter moved and Councilmember Mikos seconded
a motion to appoint Mary Schwabauer as a public member to
the Public Art Advisory Committee. The motion carried by
unanimous voice vote.
C. Consider Approval of Final Map for Phase 1 of Tract
5161 located on the South Side of Poindexter Avenue
between Sierra Avenue and the Access to Poindexter
Park (Cabrillo Economic Development Corporation) .
Staff Recommendation: 1) Approve the Final Map for
Tract 5161; and 2) Authorize the Mayor and City Clerk
to sign the Final Map; and 3) Direct the City Clerk to
record Final Map for Phase 1 of Tract 5161.
Mr. Brown gave the staff report.
Karen Flock, 11011 Azahar Street, Saticoy,
representing Cabrillo Economic Development
Corporation, stated she would be available for
questions.
MOTION: Councilmember Harper moved and Councilmember Mikos
seconded a motion to: 1) Approve the Final Map for Tract
5161; 2) Authorize the Mayor and City Clerk to sign the
Final Map; and 3) Direct the City Clerk to record Final Map
for Phase 1 of Tract 5161. The motion carried by unanimous
voice vote.
Minutes of the City Council
Moorpark, California Page 7 May 2, 2001
D. Consider Modifications to Street Improvements to the
North Leg of the Intersection of Miller Parkway and
Peach Hill Road Required to Facilitate U -Turn Traffic
Movements. Staff Recommendation: 1) Approve the
subject project; 2) Confirm the scope of the project
to include only the intersection modifications
necessary to facilitate south -to -north "U- Turn"
traffic movements; and 3) Adopt Resolution No. 2001-
1838 approving an amendment to the FY 2000/01 Budget
by appropriating funds and amending the budget to fund
the subject project in the amount of $100,000 to be
funded by the Traffic Mitigation Fund [Fund 20021.
(ROLL CALL VOTE REQUIRED)
Mr. Gilbert gave the staff report.
In response to Councilmember Millhouse, Mr. Gilbert
replied that there may be some merit to waiting rather
than completing the work now. He stated that the costs
involved do not warrant the benefits of adding a
north -to -south U -turn movement.
In response to Councilmember Millhouse, Mr. Gilbert
responded that most of the traffic does come from Mesa
Verde Middle School.
Mayor Hunter stated that he is prepared to proceed
with the project and directed staff to provide a box
item to the City Council regarding the economies of
scale to add the north -to -south U -turn movement.
Councilmember Millhouse stated that there may not be
as much need for the north -to -south U -turn right now,
and he does not want to delay the project.
MOTION: Councilmember Millhouse moved and Councilmember
Harper seconded a motion to: 1) Approve the subject
project; 2) Confirm the scope of the project to include
only the intersection modifications necessary to facilitate
south -to -north "U- turn" traffic movements; and 3) Adopt
Resolution No. 2001 -1838 approving an amendment to the FY
2000/01 Budget by appropriating funds and amending the
budget to fund the subject project in the amount of
$100,000 to be funded by the Traffic Mitigation Fund [Fund
20021. The motion carried by unanimous roll call vote.
Minutes of the City Council
Moorpark, California Page 8
May 2, 2001
E. Consider Conceptual Plan for the Widening of Los
Angeles Avenue between Spring Road and Moorpark Avenue
[Project 8013]. Staff Recommendation: Approve the
Conceptual Plan with Parking Alternate 1 and authorize
staff to proceed with the steps necessary to develop
and implement the project.
Mr. Gilbert gave the staff report.
Steven Frieson, Regional Director of Transportation
Services for Boyle Engineering Corporation, 1131 West
Sixth Street, #285, Ontario, CA, stated he was
available for questions.
Mayor Hunter expressed concern about the loss of
landscaping on this project; however he sees the right
turn lane as a benefit that will enhance safety on
that road.
In response to Mayor Hunter, Mr. Gilbert summarized
the construction schedule. Mr. Gilbert stated that
when Caltrans approves the report, they proceed with
right of way acquisition. He stated that process is
estimated to involve 20 to 30 properties and will take
about a year to complete, and after that the
specifications can be brought forward. Mr. Gilbert
stated he intends to hire a planning consultant to
proceed with the negative declaration.
In response to Councilmember Mikos, Mr. Gilbert
replied that staff had not discussed the project
design with any of the Gateway Plaza property owners
or storeowners as that is not normal practice at this
stage of the project.
In response to Councilmember Millhouse, Mr. Gilbert
stated the funding for the project would come from the
Los Angeles Avenue Area of Contribution (AOC) fund.
In response to Councilmember Millhouse, Mr. Gilbert
replied that with regard to who should bear the costs
for this project based on use, he was aware that the
118 Corridor Committee had discussed some Caltrans
findings regarding traffic. However, he stated he was
not aware of any demographic traffic studies that had
been done regarding the use of Los Angeles Avenue by
residents of Moorpark in relation to use by others
from outside the City.
Minutes of the City Council
Moorpark, California Page 9 May 2, 2001
Councilmember Harper stated that Gateway Plaza is a
very prominent area and that he does not want to see
the loss of landscaping. He asked if it is possible to
reconstruct the parking lot to make smaller parking
spaces and allow for reconstruction of the
landscaping.
In response to Councilmember Harper, Mr. Gilbert
referred to stamped pages 108 and 109 of the agenda
report. He stated if the desire is for a right turn
lane and landscaping, page 109 shows that 26 parking
stalls would be eliminated and would need to be
replaced with parallel parking stalls along the north
side of the lot.
Councilmember Harper stated that there is an abundance
of parking at the rear of the building and suggested
that the placement of the retaining wall and curb face
be looked at. In response to Councilmember Harper,
Mr. Gilbert stated that the plan would be to put 2-
foot by 2 -foot planter cutouts with shrubs which is
something that Caltrans would approve or perhaps a 6-
foot sidewalk with a 2 -foot parkway might be feasible.
In response to Councilmember Harper, Mr. Gilbert
stated that he would rely on the planning consultant
to outline any environmental impact and to assure that
it complies with CEQA regarding the issue of expansion
of lanes.
Mr. Kueny stated that what is being proposed is
consistent with General Plan Circulation Element and
the Environmental Impact Report done for the General
Plan update.
Councilmember Harper stated his concern that the
Highway 118 widening project is one segment of a plan
to move containerized cargo from Port Hueneme along
the State Route 118 corridor through the City of
Moorpark.
Mr. Kueny stated that when the City reopens the right -
of -way discussions, the location of the retaining wall
will be reconsidered to allow for the maximum amount
of landscaping to remain in the Gateway Center
Minutes of the City Council
Moorpark, California Page 10
May 2, 2001
Councilmember Mikos stated that the fountain will be
lost at the corner of Los Angeles Avenue and Spring
Road and the Art Advisory Committee will have its
first project to work on. She also stated her
agreement with the comments of Councilmember Harper
and Councilmember Millhouse regarding the Highway 118
traffic situation and reiterated that the City Council
should listen to the concerns of our neighbors,
including Save Our Somis.
Councilmember Millhouse stated his concern with regard
to poor planning of the transportation elements. He
stated that we are now trying to piecemeal a roadway
to Port Hueneme through our town. He reiterated the
need for follow up on the letter to the California
Highway Patrol requesting that they keep the weigh
station open for 24 hours. He stated the City Council
should take a formal stand on the issue and contact
our legislators to get them involved. He also stated
that it is critical to work with the surrounding
communities.
MOTION: Councilmember Harper moved and Councilmember Mikos
seconded a motion to approve the Conceptual Plan with
Parking Alternate 1 and authorize staff to proceed with the
steps necessary to develop and implement the project. The
motion carried by unanimous voice vote.
11. CONSENT CALENDAR:
MOTION: Councilmember Harper moved and Councilmember Wozniak
seconded a motion to approve the Consent Calendar with the
exception of Items 11.A., 11.H., 11.I., 11.J., and 11.L. which
were pulled for individual consideration. The motion carried by
unanimous roll call vote.
B. Consider Approval of Warrant Register -May 2, 2001.
Manual Warrants 105599 - 105609 $ 19,781.79
Voided Warrants None $ - 0 -
Payroll Liability 105610 - 105618 $ 15,062.34
Warrants
Regular Warrants 105619 - 105753 $367,408.83
Staff Recommendation: Approve the Warrant Register.
Minutes of the City Council
Moorpark, California Page 11 May 2, 2001
C. Consider Rejection of Claim: Juliann King. Staff
Recommendation: Reject the claim and direct staff to
send a standard rejection letter to the claimant.
D. Consider Rejection of Claim: Mark Englander. Staff
Recommendation: Reject the claim and direct staff to
send a standard rejection letter to the claimant.
E. Consider Resolution No. 2001 -1839, Authorizinq Submittal
of a Three -Year (2001/2004) Used Oil Recycling Block
Grant Application to the California Integrated Waste
Management Board. Staff Recommendation: Adopt Resolution
No. 2001 -1839, authorizing staff to submit a three -year
(2001/2004) Used Oil Recycling Grant Application to the
California Integrated Waste Management Board.
F. Consider Approving the Extension of the City's Tree
Maintenance Agreement. Staff Recommendation: Approve a
one -year extension through June 30, 2002, to the City's
Agreement with West Coast Arborist for tree maintenance
service with a 2.9 percent rate increase.
G. Consider Approval of Budqet Amendment for Assessment
District 84 -2, Citywide Landscape Medians and
Parkways. Staff Recommendation: Adopt Resolution No.
2001 -1840, amending the FY 2000/01 budget and
allocating $13,400 for the Spring Road parkways and
$10,000 for the Tierra Rejada Road medians from
Assessment District 84 -2, Citywide Zone, to the
Citywide Landscape Maintenance expenditure account
(2300) to cover costs associated with landscape
maintenance. (ROLL CALL VOTE REQUIRED)
K. Consider Construction of Improvements to the
Intersection of Los Angeles Avenue and Tierra Rejada
Road, Including the Construction of a Double Left -Turn
Lane for West -to -South Turning Movements. Staff
Recommendation: Authorize the City Manager to execute
an Agreement between the City and Albertson's to
provide for the payment, by Albertson's of all costs
related to the construction of a westbound double
left -turn lane on Los Angeles Avenue at Tierra Rejada
Road.
The following items were pulled from the Consent Calendar
for individual consideration:
Minutes of the City Council
Moorpark, California Page 12
May 2, 2001
A. Consider Approval of Minutes of Regular Meeting of
April 4, 2001.
Staff Recommendation: Approve minutes as processed.
Councilmember Mikos stated that she would work with
staff on a correction to the minutes.
CONSENSUS: Reschedule for next regular meeting.
H. Consider Conditional Approval to Haul 28,093 Cubic
Yards of Soil to Tract 5161 - Cabrillo. Staff
Recommendation: Authorize staff to approve the removal
of 28,093 cubic yards of surplus soil from Tract 4975
(Lennar), or such other site that the Director of
Community Development and the City Engineer may
approve, and haul of that amount to Tract 5161
(Cabrillo), subject to the conditions of approval in
Exhibit "A" to the agenda report.
Councilmember Harper stated that he would like the
Director of Community Development to be given
authority to make decisions regarding movement of
cubic yards of soil rather than need to bring the
issue before the City Council for the decision.
MOTION: Councilmember Harper moved and Councilmember
Wozniak seconded the motion to: 1) authorize staff to
approve the removal of 28,093 cubic yards of surplus soil
from Tract 4975 (Lennar), or such other site that the
Director of Community Development and the City Engineer may
approve, and haul of that amount to Tract 5161 (Cabrillo),
subject to the conditions of approval in Exhibit "A" to the
agenda report; and 2) to give the Director of Community
Development the discretion to approve the increase in cubic
yards if needed. The motion carried by unanimous voice
vote.
I. Consider Adoption of 2001 Legislative Program. Staff
Recommendation: Adopt the 2001 Legislative Program.
Councilmember Harper stated his disagreement with the
second bullet item regarding legislation to end the
moratorium on Internet taxes and stated he would like
that item to be deleted.
Mayor Hunter stated his support for removing it from
the Council Legislative Program. He requested that
Minutes of the City Council
Moorpark, California Page 13 May 2, 2001
staff provide additional information on the pros and
cons of the Internet tax issue in a box item.
MOTION: Councilmember Harper moved and Councilmember
Millhouse seconded the motion for adoption of the 2001
Legislative Program, as amended to delete the item
regarding supporting legislation that would end the
moratorium on Internet taxes. The motion carried by
unanimous voice vote.
J. Consider VCTC Request for $5,000 to Support Funding of
a Next Bus Transit Information System. Staff
Recommendation: Approve VCTC's request for $5,000 for
the Next Bus Project and direct staff to make the
necessary transfers within the Transit Fund using TDA
Article 8c revenue.
Councilmember Millhouse stated he needed more
information about the value of this program in our
community. He stated there are needs in the community
that these funds could be used to address. He asked if
someone could articulate the value.
In response to Councilmember Millhouse's comments,
Councilmember Mikos stated that the money for the
program comes from Transportation Development Act
funds, which are specifically earmarked for transit
use. She stated she has spoken to VCTC and City staff
and determined this is good technology for those who
are transit dependent. The technology will allow the
Moorpark buses to be tracked as to how often they are
on time or not and will assist in improving the
system.
Mr. Kueny suggested the item be continued to the City
Council meeting of May 16, 2001, to allow the members
of the Transportation and Streets Standing Committee
to have further discussion at a special meeting.
MOTION: Councilmember Harper moved and Councilmember
Millhouse seconded a motion to continue the item to the
City Council meeting of May 16, 2001, to allow for further
discussion by the Transportation and Streets Committee. The
motion carried by unanimous voice vote.
L. Consider Amendment to License Agreement Between the
City and the Moorpark Unified School District
Pertaining to the Use of the Arroyo Vista Community
Minutes of the City Council
Moorpark, California Page 14
May 2, 2001
Park Access Road. Staff Recommendation: 1) Approve the
preparation and recordation of the storm drain
easement described in this report, subject to District
payment of all necessary plan checking, easement legal
description review and inspection fees; 2) Authorize
the City Manager to execute the Storm Drain Easement
and cause its recordation; and 3) Approve the
Amendment to Agreement subject to final language
approval by the City Manager and City Attorney and
authorize the Mayor to execute said document.
Councilmember Millhouse stated that he was aware that
there were some issues regarding operation of the
roadway and use of the road by the School District.
In response to Councilmember Millhouse, Mr. Kueny
stated that the amendment to the Agreement was
initiated at the School District's request. Mr. Kueny
stated the Agreement was amended to add language
regarding the driveways into the new parking lots and
the added language would be subject to final approval
by the City Manager and City Attorney.
In response to Councilmember Millhouse, Mr. Gilbert
replied that a copy of the agenda report was provided
to the School District and that no comments were
received.
In response to Councilmember Millhouse, Mr. Kueny
replied that the issue of students crossing the access
road and the request for a crosswalk at the entrance
to the parking lot would be evaluated and discussed
with the School District.
MOTION: Councilmember Millhouse moved and Councilmember
Harper seconded a motion to: 1) approve the preparation and
recordation of the storm drain easement described in the
agenda report, subject to District payment of all necessary
plan checking, easement legal description review and
inspection fees; 2) authorize the City Manager to execute
the Storm Drain Easement and cause its recordation; 3)
approve the Amendment to Agreement subject to final
language approval by the City Manager and City Attorney and
authorize the Mayor to execute said document; and 4)
directed staff to evaluate and discuss with the School
District the issue of students crossing the access road and
the request for a crosswalk at the entrance to the parking
lots. The motion carried by unanimous voice vote.
Minutes of the City Council
Moorpark, California Page 15 May 2, 2001
12. ORDINANCES:
None.
13. CLOSED SESSION:
AT THIS POINT in the meeting, a recess was declared to
convene the Redevelopment Agency. The time was 8:24 p.m.
The Council reconvened at 8:25 p.m.
13. CLOSED SESSION:
Mr. Kueny announced that the City Council would be going
into closed session for discussion of one case under Item
13.A., one case under Item 13.B., and Items 13.C., 13.F.,
13.H., and 13.I. on the agenda.
Mr. Montes announced that for the one case under Item 13.A.
the facts and circumstances creating significant exposure
to litigation consist of an appeal of denial of application
for encroachment permit, Moorpark Road Realignment (County
Project No. 50221), filed by the County of Ventura Public
Works Agency on March 19, 2001.
Councilmember Mikos stated that she would not participate
in discussion of Items 13.C., and 13.F. due to a potential
conflict of interest.
MOTION: Councilmember Harper moved and Councilmember Wozniak
seconded a motion to adjourn to closed session for a discussion
of one case under Item 13.A., one case under Item 13.B., and
Items 13.C., 13.F., 13.H., and 13.I. on the agenda. The motion
carried by unanimous voice vote. The time was 8:25 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)
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c)
of Section 54956.9 of the Government Code: (Number of
cases to be discussed - 4)
C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9) The Environmental
Coalition of Ventura County vs. City of Moorpark and
Minutes of the City Council
Moorpark, California Page 16
May 2, 2001
City Council of the City of Moorpark (Case No.
SCO21825)
F. 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)
H. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: (APN 512 -0- 062 -020)
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: The City of Moorpark and The
County of Ventura
Under Negotiation: Price and terms of payment
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
Present in closed session were Councilmembers Harper,
Mikos, Millhouse, Wozniak, and Mayor Hunter; Steven Kueny,
City Manager; Joseph Montes, Acting City Attorney; Hugh
Riley, Assistant City Manager; Ken Gilbert, Public Works
Director; and Deborah Traffenstedt, ATCM /City Clerk. Mr.
Gilbert left the meeting at 9:03 p.m.
AT THIS POINT in the meeting, following discussion of one case
under Item 13.A and one case under Item 13.B., the Council
adjourned to convene the Redevelopment Agency closed session.
The time was 9:03 p.m. Mr. Gilbert left the meeting at this
time. The Council reconvened into closed session at 9:20 p.m.
Councilmember Mikos left the closed session at 9:35 p.m.,
prior to discussion of Items 13.C. and 13.F. She returned
to the closed session at 10:10 p.m., prior to discussion of
Items 13.H. and 13.I. Mr. Montes, Mr. Riley, and Ms.
Traffenstedt left the meeting at 10:10 p.m.
The Council reconvened into open session at 10:57 p.m. Mr.
Kueny stated that one case under Item 13.A., one case under
Minutes of the City Council
Moorpark, California Page 17 May 2, 2001
Item 13.B., and Items 13.C., 13.F., 13.H., and 13.I. were
discussed and that there was no action to report.
14. ADJOURNMENT:
Mayor Hunter adjourned the m
ATTEST:
S I
Deborah S. Traffenstedt
City Clerk