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HomeMy WebLinkAboutMIN 1999 1201 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California December 1, 1999 A Regular Meeting of the City Council of the City of Moorpark was held on December 1, 1999 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 6:44 p.m. 2. INVOCATION: Reverend John W. Love, Holy Cross Catholic Church, led the invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Hunter led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Evans, Harper, Rodgers, Wozniak and Mayor Hunter. Staff Present: Steven Kueny, City Manager; John Nowak, Assistant City Manager; Cheryl Kane, City Attorney; Wayne Loftus, Director of Community Development; Dirk Lovett, Assistant City Engineer; Captain Mike Lewis, Sheriff's Department; John Libiez, Principal Planner; Graham Mitchell, Senior Management Analyst; Deborah Traffenstedt, City Clerk; and La -Dell VanDeren, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: None. 6. PUBLIC COMMENT: None. AT THIS POINT in the meeting, a recess was declared to convene the _ Redevelopment Agency. The time was 6:47 p.m. The Council reconvened at 7:50 p.m. Minutes of the City Council Moorpark, California Page 2 December 1, 1999 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 REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure Section 2.9, Items to be withdrawn from the Consent Calendar shall be identified at this time.) None. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Rodgers asked residents to bring toys to Catholic Charities in Moorpark to be given to needy children in Moorpark. Councilmember Evans asked that staff provide an update regarding the Ad Hoc Citizens Budget Committee. Mayor Hunter asked for an agenda item on the next meeting agenda regarding under what conditions public agencies are allowed to exclude the low bidder. Mayor Hunter made the following announcements: • The Village Voices Chorale will present festive holiday music in a concert on Friday, December 3, at 7:30 P.M. at the Moorpark Community Center. • Santa will arrive at the Arroyo Vista Recreation Center for Tea Time with Santa on December 11. • On December 18 and 19, 20- minute "sleigh" rides with Santa are planned at Tierra Rejada Family Farms. • Metrolink's 3rd annual holiday train is coming to Moorpark on Sunday, December 12th at the Moorpark Metrolink Station at 6:40 p.m. • Starting Monday, December 13 through Saturday, December 18, the Moorpark Police Department and a member from the Moorpark Kiwanis Club will patrol the city streets of Moorpark looking for safe and courteous drivers with good driving habits. "The Safe and Courteous Driver Recognition Program" acts as a reminder for all drivers to drive safely and courteously, especially during the holiday season. • Curbside Christmas tree recycling will be on the regular trash pickup day from Monday, December 27, 1999, to Friday, January 14, 2000. Minutes of the City Council Moorpark, California Page 3 9. PUBLIC HEARINGS: December 1, 1999 A. Consider Residential Planned Development Permit 99 -1 and Tentative Tract 5181 to Permit Development of Eight (8) Single Family Homes, and to Create Eight (8) Residential Lots on the East Side of Bard Street and West Side of Millard Street, Adjacent to Flory School on the Application of Manual Asadurian (Assessor Parcel No. 512- 0- 131 -070). (CONTINUED OPEN PUBLIC HEARING FROM NOVEMBER 3, 1999.) Staff Recommendations: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Review, consider and approve the Negative Declaration; and 3) Adopt Resolution No. 99 -1681 approving Residential Planned Development Permit No. 99 -1 and Tentative Tract Map No. 5181. Mr. Loftus gave the staff report. Joe Ahearn, Acres Realty, 484 E. Los Angeles Avenue, No. 214, representing the applicant, discussed outstanding issues, including onsite and offsite street improvements, undergrounding of utilities, and the type of walls to be provided. He requested that the existing street configuration for the intersection of Third and Bard Streets be maintained. He stated that the applicant was amendable to removing the power pole in front of the existing home on the project site as well as another pole on the site, and that they agreed with no on- street parking along their frontage. He also stated that they would like to keep payment of an in -lieu fee for affordable housing as an option payable at occupancy approval for the first home. In response to Mayor Hunter regarding the sideyard setback, Mr. Ahearn stated that if a window was added to the side elevation, a redesign might be necessary, and that they would prefer a functional window. Juan Alcaraz, 337 Bard Street, expressed concern with the impact to his parent's property if the project resulted in the widening of Bard Street. He stated that he was concerned about removal of the fire hydrant and the road being closer to his house. Mr. Kueny stated that the Ad Hoc Committee had not been provided with the cost to flatten out the curve for the street intersection. Minutes of the City Council Moorpark, California Page 4 December 1, 1999 In response to Mayor Hunter, Mr. Ahearn replied that they did not have the complete estimate. He stated that the cost of street improvements would be about $5,000 to move the hydrant and to create the curb cut. In response to Councilmember Evans regarding designing all lots to front on Millard Street, Don Haase, Haase Engineering, replied that the layout would not work due to the square footage required for the minimum lot size. Mr. Kueny stated that the Council may want to consider a revision to Lot No. 6 to move the driveway to the other end of the lot and minimize the impact to the intersection. Councilmember Wozniak commented on his concern with impacting the Alcaraz home and concurred with revising the driveway to make the area safer. Mayor Hunter stated that the developer should make the change on his property rather than taking other property offsite. In response to Mayor Hunter, Mr. Loftus stated that staff's initial recommendation was to require the street improvements onsite. In response to Councilmember Evans, Mr. Loftus stated that the Planning Commission recommended that the street continue to function as is. Councilmember Harper stated that they should stay with the City standard, that there was a line -of -sight issue, and that the loss of property was very small for the corner house. Councilmember Evans commented that the existing residents across the street from the project site should not be impacted. In response to Mayor Hunter, Mr. Loftus stated that the original staff recommendation was to install the knuckle design, with additional right of way taken from the project site to finish the flare out and the transition, and the center line moved in an effort to channel the traffic into the wider section of the street. In response to Mayor Hunter, Mr. Ahearn stated that the hardscape estimate of $5,000 does not take into Minutes of the City Council Moorpark, California Page 5 December 1, 1999 consideration property acquisition and undergrounding of utilities. Councilmember Harper recommended a compromise with construction of the knuckle design on the project site and School District property and leaving the property across the street intact. He asked if Redevelopment Agency funds could be used for land acquisition. In response to Councilmember Harper, Mr. Kueny stated that land acquisition should be the applicant's responsibility. In response to Mayor Hunter, Mr. Haase stated that just the land acquisition for the knuckle would cost approximately $50,000. He also stated that he did not have an estimate available for the applicant's frontage and the School District property for paving, curb, gutter, and sidewalk. Mr. Gilbert stated that all of the curb on the east side of the street would need to be rebuilt, in addition to the property frontage. In response to Councilmember Evans, Mr. Loftus stated that the diagram on page 169 of the staff report, Attachment J, shows a City standard. In response to Councilmember Evans regarding Attachment J, Mr. Lovett explained that the width of the road would be reduced from that existing, but that the area to be reduced is not "driveable" area. He also stated that the flow for traffic would be improved with no parking restrictions. Councilmember Harper proposed requiring the improvements on the project site and School District property. Councilmember Wozniak stated that he is leaning towards the design recommended by Councilmember Harper. He also stated that improving the flow of traffic makes sense. Councilmember Rodgers stated that Councilmember Harper's suggestion makes sense and she will support his recommendation. Councilmember Evans stated that he cannot support the revised design, because looking at the diagram on page 169, there is no way it will work. Minutes of the City Council Moorpark, California Page 6 December 1, 1999 In response to Councilmember Evans, Mr. Loftus stated that the diagram on page 169 is not exact, but that the idea is to increase the radius. Councilmember Harper stated that the improvements would need to be redesigned so that the radius would be on the applicant's property and the Flory School site. In response to Councilmember Evans, Mr. Loftus stated that Lot 6 would remain buildable, although the footprint for the home may need to be revised. Mr. Kueny stated that the applicant would need to request a modification if Lot 6 is found to be not buildable, or approval can be delayed. Mr. Ahearn expressed concern regarding meeting the minimum lot size and stated that requiring the improvements was not fair given the project impact. Mayor Hunter stated that the improvements should not be entirely the applicant's responsibility. Councilmember Wozniak stated that if the applicant agrees not to take access from Bard and Third Streets, then he could agree not to require the street improvements. Councilmember Evans stated that if a house is built on Lot 6, then the City could not construct a knuckle in the future. Councilmember Harper stated to City standards would not area of the City. that requiring construction even be debated in any other Mayor Hunter stated that there must be some measure of fairness and that the entire exaction for street improvements should not be borne by the applicant. CONSENSUS: By consensus, the Council concluded that the applicant would not be required to construct street improvements to adhere to the City's standard for a knuckle at the intersection of Bard Street and Third Street. The existing improvements may remain; however, any new curb cut that may be proposed for Lot 6 as shown on the proposed tentative map shall be relocated to a point near the northerly property line. Minutes of the City Council Moorpark, California Page 7 December 1, 1999 Mayor Hunter asked for Council comments regarding utilities. Councilmember Harper stated that utilities should be undergrounded whenever possible and that consistent standards should be applied. In response to Councilmember Rodgers, Mr. Loftus stated that the Ad Hoc Committee discussed removing the northwest corner to southwest corner poles, the pole just north of the northwest corner, and the pole across the street. Mayor Hunter stated that with the modified intersection, the pole across the street should no longer be a candidate for removal, although the wires should be placed underground. CONSENSUS: All existing and proposed utilities shall be undergrounded between the northwest corner and the southwest corner of the project site and including the existing utility pole just north of the northwest corner, if determined by the Director of Community Development to be feasible and not add a significant cost to the project. In addition, the overhead wires that connect the property line utility poles to the utility pole on the northwest corner of Bard and Third Streets shall be placed underground. Mayor Hunter stated that walls were no longer an issue and asked for comments regarding affordable housing. In response to Councilmember Rodgers, Mr. Loftus stated that the requirement was currently to require one lower - income unit onsite or one very low- income unit offsite. In response to Councilmember Harper, Mr. Loftus stated that the Ad Hoc Committee had not recommended the in lieu fee, although that language was included in the standard condition language. Mayor Hunter stated that the affordable unit should be provided onsite but that the condition should allow the in -lieu fee for consistency with other projects. Councilmember Rodgers stated other projects recently approved were not infill in the Redevelopment Area. Minutes of the City Council Moorpark, California Page 8 December 1, 1999 In response to Mayor Hunter, Mr. Ahearn stated that the developer requests that the three options remain available. Councilmember Wozniak stated he agreed with Councilmember Rodgers and that this project should have an onsite affordable housing unit. Councilmember Harper stated that he concurred and that an onsite affordable unit should be required. Councilmember Evans stated that he also agreed. Mr. Ahearn questioned whether the affordable unit had to be the same size or if it could be constructed smaller, such as approximately 1,000 square feet. Mr. Loftus stated that the condition requires a minimum of 1,350 square feet and that the affordable unit have a similar appearance. Mayor Hunter stated that there should not be a compromise in standards. CONSENSUS: By consensus, the Council determined to require a lower- income affordable housing unit to be constructed onsite with a minimum square footage of 1,350 square feet and a similar appearance to other housing units built on the project site. In response to Mayor Hunter regarding setback requirements, Mr. Loftus stated that the staff recommendation was to require that windows on side elevations be placed at a height that would not require a larger setback or impact neighboring properties. He also stated that a permit modification approval would be required for a variation to the approved design in excess of 20 percent. In response to Mayor Hunter, Mr. Ahearn stated that the developer agrees to route all construction traffic from the Millard Street access with the exception of improvements required along Third and Bard Streets such as undergrounding of utilities. Mr. Kueny stated that construction site management will be required to minimize impacts to Flory School. Minutes of the City Council Moorpark, California Page 9 December 1, 1999 In response to Mayor Hunter, Mr. Loftus stated that all issues had been addressed. AT THIS POINT in the meeting, a recess was declared. The time was 8:44 p.m. The Council reconvened at 9:01 p.m. Mr. Kueny stated that since the size of the affordable unit was required to be 1,350 square feet, then the applicant should not be allowed to reduce the square footage by any amount without returning to the Council. CONSENSUS: By consensus, the Council determined that the affordable unit cannot be modified to be smaller than 1,350 square feet without subsequent Council approval of a modification to the Residential Planned Development Permit. Mayor Hunter closed the public hearing. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to: Review, consider and approve the Negative Declaration; and 3) Adopt Resolution No. 99 -1681, as modified by Council consensus, approving Residential Planned Development Permit No. 99 -1 and Tentative Tract Map No. 5181. The motion carried by voice vote 4 -1, Councilmember Harper dissenting. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Approval of an Increase to the Amount of the Construction Contingency for the Spring Road Bridge Reconstruction Project, and the Adoption of Resolution No. 99 -1682 Amending the Budget to Fund that Increase. (CONTINUED FROM NOVEMBER 17, 1999). Staff Recommendations: 1) Approve a change to the construction contingency for the subject project from ten percent (10 %) of the bid price [$235,242] to twenty -five (25 %) of the bid price [$588,105]; and 2) Adopt Resolution No. 99- 1682 amending the budget appropriation and amount for the subject project and approving an increase to an inter - fund loan from the Los Angeles Avenue AOC to the Spring Road /Tierra Rejada Road AOC for said project. (ROLL CALL VOTE REQUIRED.) Mr. Gilbert gave the staff report. _ Barry Harman, representing Spectrum for TM Engineering, 19301 Ventura Boulevard, No. 200, Tarzana, discussed the construction delay for the Spring Road Bridge Project and stated that steel piles should have been required. He Minutes of the City Council Moorpark, California Page 10 December 1, 1999 also stated that Council approve contingency. TM Engineering would like to see the the increase to the construction In response to Mayor Hunter, Mr. Harman stated that he was an expert witness and a licensed building and engineering contractor hired to represent TM Engineering. He also stated that he had been paid in advance by TM Engineering and further clarified that he had been paid monthly beginning approximately six to eight months ago. In response to Mayor Hunter, Mr. Gilbert stated that the contract had been awarded in March. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to: 1) Approve a change to the construction contingency for the subject project from ten percent (10 %) of the bid price [$235,242] to twenty -five (25 %) of the bid price [$588,105]; and 2) Adopt Resolution No. 99 -1682 amending the budget appropriation and amount for the subject project and approving an increase to an inter -fund loan from the Los Angeles Avenue AOC to the Spring Road /Tierra Rejada Road AOC for said project. The motion carried 4 -1 by roll call vote, Councilmember Evans dissenting. B. Consider the Report Entitled "Accounting of Fund Information as Required by Section 66006 of the California Government Code for Fiscal Year 1998/1999 ". Staff Recommendation: Receive and file the report. Graham Mitchell gave the staff report. CONSENSUS: By consensus, the Council determined to receive and file the report. C. Consider ADDroval of Citizen Academv Program to be Added to the Police Department's Community Oriented Policing Efforts. Staff Recommendation: Approve establishment of the Citizen's Academy program consistent with this report. Captain Mike Lewis gave the staff report. In response to Mayor Hunter, Captain Lewis stated that the curriculum would include review of the criminal justice system, presentations by the District Attorney's Office and by a Superior Court Judge, and a trip to the County Jail in Ventura. Minutes of the City Council Moorpark, California Page 11 December 1, 1999 MOTION: Councilmember Rodgers moved and Councilmember Wozniak seconded a motion to approve establishment of the Citizen's Academy program consistent with the staff report. The motion carried by unanimous voice vote. D. Consider Cancellation of December 15, 1999, Regular City Council Meeting. Staff Recommendation: Direct staff as deemed appropriate. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no public hearings for that date. In response to Councilmember Evans, Mr. Kueny stated that it was too late to advertise the Lalo's Restaurant Liquor License permit request for the December 15 meeting. Mayor Hunter stated that the application could have been filed earlier and that he was not in favor of a special meeting. MOTION: Councilmember Harper moved and Councilmember Evans seconded a motion to cancel the December 15 Regular City Council meeting. The motion carried by unanimous voice vote. E. Consider Adoption of a Legislative Program for the Year 2000. Staff Recommendation: Adopt the Legislative Program for the Year 2000. Mr. Nowak gave the staff report. MOTION: Councilmember Harper moved and Councilmember Evans seconded a motion to adopt the Legislative Program for the Year 2000. The motion carried by unanimous voice vote. F. Consider Report on Efforts to Prohibit Truck Traffic on Route 118. Staff Recommendation: Direct staff as deemed appropriate. Mr. Gilbert gave the staff report. In response to Mayor Hunter, Ms. Kane stated that she would need to analyze his suggestion for establishment of a new Area of Contribution fee to fund truck traffic reduction efforts. She also stated that the entire cost could not be borne by new development, since there would need to be a nexus between the need for the study in relation to new development. She stated that she could return with her recommendation at the Council's first regular meeting in January. Minutes of the City Council Moorpark, California Page 12 December 1, 1999 Councilmember Harper stated he preferred staff's Work Plan A and would like to move ahead regardless of funding. Mayor Hunter stated that reducing certain types of truck traffic should also be studied if a full prohibition is not possible. Councilmember Wozniak stated he agreed with looking at partial truck restrictions and then continuing to pursue full truck restrictions. Councilmember Evans stated he also agreed and asked that staff get letters from elected officials and firm proposals regarding what those elected officials can do to accomplish the truck restrictions. CONSENSUS: By consensus, the Council determined that the Mayor would send letters to elected officials asking for support of truck restrictions on Route 118. Joe Ahearn, 484 E. Los Angeles Avenue, No. 214, stated _ that the proposed fee should be imposed on residents versus just businesses, and that the City should continue to pursue removing trucks from Route 118. Mayor Hunter stated that it was not his intent that any new fee created would just be imposed on businesses along Los Angeles Avenue. Councilmember Rodgers stated that her concern with the proposed fee is that everyone is affected by the truck traffic and that she was concerned that the fee could not be fairly imposed. Councilmember Harper stated that the City has the resources to move forward and that staff should send out a request for proposals. In response to a request for clarification by Mr. Kueny, Mayor Hunter stated that physical construction should not be addressed in the work plan at this time. Ms Kane recommended that the Council consider hiring a lobbyist in Sacramento and Washington D.C. In response to Councilmember Evans, Mr. Kueny stated that staff did not know yet what the total costs would be. He Minutes of the City Council Moorpark, California Page 13 December 1, 1999 also stated that Citywide Traffic Mitigation funds could potentially be used. Councilmember Harper suggested that a consultant could do a fatal flaw study as a first step. In response to Mayor Hunter, Mr. Kueny suggested that the Council adopt a work program. In response to Mayor Hunter, Ms. Kane stated that in order for her to prepare an ordinance that would include a fee, she would need an estimated cost. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to approve Work Plan A, as modified to include pursuing partial and full truck restrictions for Route 118 (Los Angeles Avenue and New Los Angeles Avenue) . The motion carried by unanimous voice vote. 11. CONSENT CALENDAR: MOTION: Councilmember Evans moved and Councilmember Wozniak _ seconded a motion to approve the Consent Calendar with the exception of Item 11.A., Minutes of Special Joint City Council and Park and Recreation Commission Meeting of September 29, 1999, and Item 11.F. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Regular Meeting of May 5, 1999. Consider Approval of Minutes of Regular Meeting of June 16, 1999. Consider Approval of Minutes of Special Joint City Council and Park and Recreation Commission Meeting of September 29, 1999. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register - December 1, 1999. Fiscal Year 1999/00 Manual Warrants 100944 & 101031 - 101034 $ 10,922.22 Voided Warrant 100948 $ (70.96) Minutes of the City Council Moorpark, California Page 14 December 1, 1999 Regular Warrants warrant run pending $489,713.94 Staff Recommendation: Approve the Warrant Register. C. Consider Lease Agreement Extension with Ventura County Waterworks District No. 1 for Vector Control Site. Staff Recommendation: Approve the Lease Extension with the Ventura County Waterworks District No. 1 with an initial monthly lease amount of $265.00, and authorize the City Manager to execute the agreement. D. Consider the Approval of an Early Grading and Improvement Agreement to Allow Construction of Tentative Tract 4976 - Lennar Homes of California. Staff Recommendations: 1) Authorize the construction of improvements on Tentative Tract 4976, subject to all conditions of approval and conformance with the approved Tentative Tract and "Early Grading Agreement;" 2) Authorize the Mayor to sign the "Early Grading Agreement" subject to final language approval by the City Attorney and City Manager; and 3) Authorize the City Clerk to forward the "Early Grading Agreement" to the County Recorder for recordation, upon obtaining the necessary signatures. E. Consider Amicus Support in Ventura Group Ventures, Inc. (VGV) v. Ventura Port District, et al. Staff Recommendation: Direct the City Attorney to sign the representation form authorizing the City of Moorpark to be added to the amicus brief. G. Consider Status Report Concerning Parking Lot Lighting at the Marketplace Properties Commercial Center (Rite - Aid/Kindercare). Staff Recommendation: Receive and file the report. H. Consider Resolution No. 99 -1683 Establishing a Revised Classification Plan and Job Descriptions for Non - Competitive and Competitive Service Employees and Rescinding Resolution No. 99 -1650, and Consider Resolution No. 99 -1684 Amending the Salary Plan for Competitive Service, Non - Competitive Service, and Hourly Employees and Rescindinq Resolution No. 99 -1664. Staff Recommendations: 1) Adopt Resolution No. 99 -1683 establishing a Revised Classification Plan and Job Descriptions for Non - Competitive and Competitive Service Employees and Rescinding Resolution No. 99 -1650 (the final resolution will include the entire Classification Plan); and 2) Adopt Resolution No. 99 -1684 amending the Salary Plan for Competitive Service, Non - Competitive Minutes of the City Council Moorpark, California Page 15 December 1, 1999 Service and Hourly Employees and rescinding Resolution No. 99 -1664. The following Consent Calendar items were pulled for individual consideration: A. Consider Approval of Minutes of Special Joint City Council and Park and Recreation Commission Meeting of September 29, 1999. Staff Recommendation: Approve minutes as processed. Mayor Hunter stated that he had pulled these minutes due to handwritten notes that needed to be removed. MOTION: Mayor Hunter moved and Councilmember Evans seconded a motion to approve the minutes for the Special Joint City Council and Park and Recreation Commission Meeting of September 29, 1999, as corrected. The motion carried by unanimous voice vote. F. Consider Recruest From the Mooroark Unified School District (MUSD) for Park and Facility Use Fee Reduction. Staff Recommendations: 1) Approve a reduction in the hourly rate charged to MUSD for the Arroyo Vista Recreation Center gym ($15) and Arroyo Vista Community Park soccer fields ($4) for fiscal year 1999/2000 for the purposes stated in the Agenda Report; and 2) Direct staff to prepare an agreement that documents all of the use provisions outlined in the Agenda Report. Mayor Hunter stated that he would like to see some strategy to approve these requests for fee waivers for public agencies without having to schedule each one for individual Council consideration. Councilmember Evans stated that he concurred and also stated that the City Manager should approve fee reductions for agencies such as the School District. MOTION: Mayor Hunter moved and Councilmember Evans seconded a motion to: 1) Approve a reduction in the hourly rate charged to MUSD for the Arroyo Vista Recreation Center gym ($15) and Arroyo Vista Community Park soccer fields ($4) for fiscal year 1999/2000 for the purposes stated in the Agenda Report; and 2) Direct staff to prepare an agreement that documents all of the use provisions outlined in the Agenda Report. Minutes of the City Council Moorpark, California Page 16 December 1, 1999 13. CLOSED SESSION: Ms. Kane stated that the Council would be going into closed session for a discussion of Items 13.G., 13.H., 13.I., and 13.J. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to recess to closed session for a discussion of Items 13.C., 13.H., 13.I., and 13.J. The motion carried by unanimous voice vote. 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 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) E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Villa Del Arroyo, LTD. vs. City of Moorpark (Case No. SCO23052) F. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Villa Del Arroyo, LTD., a limited partnership vs. City of Moorpark (Case No. SCO21503) G. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Villa Del Arroyo, a limited partnership, dba Villa Del Arroyo Mobilehome Park vs. City of Moorpark, California Department of Transportation, and Ventura County Flood Control District (Case No. SC 022015) Minutes of the City Council Moorpark, California Page 17 December 1, 1999 H. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Hidden Creek Ranch, LP, a California Limited Partnership vs. The City of Moorpark and to Real Parties in Interest: Clint Harper, Roseann Mikos, Andrew Prokopow, and Committee to Qualify Hidden Creek Referendum Controlled by Clint Harper and Roseann Mikos (Case No. SCO21959) I. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Hidden Creek Ranch, LP, a California Limited Partnership and Messenger Investment Company, Inc., a California Corporation vs. The City of Moorpark and City Council of the City of Moorpark (Case No. SCO23388) 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: 285 High Street, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Randall - Tracy Marsh Under Negotiation: Price and terms of payment Property: 297 High Street, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Randall - Tracy E. Marsh 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 Minutes of the City Council Moorpark, California Page 18 December 1, 1999 AT THIS POINT in the meeting, a recess was declared to reconvene the Redevelopment Agency meeting. The time was 10:00 p.m. The Council recessed the Redevelopment Agency meeting to convene the closed session for the City Council meeting at 10:02 p.m. Present in closed session were all Councilmembers; Steven Kueny, City Manager; Cheryl Kane, City Attorney; John Nowak, Assistant City Manager; and Wayne Loftus, Director of Community Development. The Council reconvened into open session at 10:14 p.m. Mr. Kueny stated that Items 13.C., 13.H., 13.I., and 13.J. were considered, and that Councilmember Rodgers did not participate in the discussion for Items 13.C., 13.H., and 13.I. He also stated that there was no action to report. 14. ADJOURNMENT: Mayor Hunter adjourned the meeti ATTEST: at 10:15 p.m. trick Hunger, Mayor Deborah S. Traffenste City Clerk A