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HomeMy WebLinkAboutMIN 2000 0202 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California February 2, 2000 A Regular Meeting of the City Council of the City of Moorpark was held on February 2, 2000 in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 6:46 p.m. 2. INVOCATION: Pastor Dave Wilkinson, Moorpark Presbyterian Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: John Libiez led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Evans, Harper, Rodgers, Wozniak and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Cheryl Kane, City Attorney; Ken Gilbert, Director of Public Works; Mary Lindley, Director of Community Services; Dirk Lovett, Assistant City Engineer; Captain Mike Lewis, Sheriff's Department; Wayne Loftus, Director of Community Development; John Libiez, Principal Planner; Mike Mathews, Senior Management Analyst; Deborah Traffenstedt, City Clerk and La -Dell VanDeren, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: A. Census 2000 Bureau Presentation by Rosa Martinez Sotelo, Partnership Specialist from the Los Angeles Regional Census Office. Rosa Martinez Sotelo, Partnership Specialist from the Los Angeles Regional Census Office, discussed public education efforts and the impacts of undercounting. She indicated the deadline for completion of census forms was April 1, 2000. She discussed employment opportunities for the Census. Minutes of the City Council Moorpark, California Page 2 February 2, 2000 In response to Mayor Hunter, Ms. Martinez Sotelo indicated the information collected would not be provided to any other organization. She stated it was anticipated that the results would be available March 2001. In response to Councilmember Rodgers, Ms. Martinez Sotelo attributed the undercount in the 1990 Census to undelivered forms and /or mistrust of the government. Councilmember Rodgers requested the information be placed on the government channel. Ms. Traffenstedt indicated the information was on Channel 10 and an article would be included in the Spring Citywide Newsletter. Mayor Hunter stated it was estimated that the 1990 Census cost the County $27 million. He stated Moorpark represented approximately 4 percent of the undercount. 6. PUBLIC COMMENT: Steve Sill, 12329 Arbor Hill, Chairman of the Moorpark Chamber of Commerce, thanked the Council for attending the Chamber installation dinner. He offered the assistance of the Chamber of Commerce in economic development efforts. He indicated he had personally committed himself to attend the City Council meetings. Councilmember Evans congratulated Mr. Sill on his recent appointment as Chairman. He requested the Chamber work cooperatively with the City to look at the economic development of High Street. Mr. Sill indicated the Chambers' willingness to work with the City. Gerald Goldstein, 11932 Los Angeles Avenue, commented on pay to census workers. He expressed concern regarding handicapped accessibilitv to Citv Hall restrooms. 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 Wozniak announced that he attended, on behalf of the City, the Ribbon Cutting Ceremony for Catholic Charities. He encouraged residents to visit the new office. Minutes of the City Council Moorpark, California Page 3 February 2, 2000 Mayor Hunter reminded residents of registration deadlines for the March 2000 primary election. He announced the first Moorpark Police Citizen's Academy beginning on March 2, a twelve -week course. 9. PUBLIC HEARINGS: None. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Resolution No. 2000 -1693 Setting the Date and Time of a Public Hearing to Consider the Formation of an Underground Utility District for the Purpose of Removing all Electrical Distribution Lines and Other Overhead Utility Lines from Certain Utility Poles along Los Angeles Avenue. Staff Recommendations: 1) Approve the scope of the proposed project as described in the report; 2) Set March 1, 2000, at 6:30 p.m. as the date and time for a public hearing to consider the formation of Underground Utility District No. 2000 -1; 3) Direct the City Clerk to notify the owners of the properties within the proposed boundaries of the District of the date, time, and purpose of said hearing, in accordance with the requirements of Section 12.20.020 of the Moorpark Municipal Code; and 4) Direct the Director of Public Works to prepare a report pertaining to the formation of said District in accordance with the requirements of Section 12.20.030 of the Moorpark Municipal Code. Mr. Mathews gave the staff report. In response to Councilmember Harper, Mr. Mathews explained that the cost of undergrounding all the lines would be over $1.5 million and that $58,000 was accrued last year. Mr. Mathews also stated that staff would provide additional information on the options available regarding undergrounding all of the lines. Councilmember Evans concurred with Councilmember Harper regarding the possibility of undergrounding all the lines. In response to Councilmember Evans, Mr. Mathews stated some traffic problems would occur on Los Angeles Avenue during the project. He stated a representative of Southern California Edison was available to answer questions. Minutes of the City Council Moorpark, California Page 4 February 2, 2000 Joe Ahearn, 484 E. Los Angeles Avenue, #214, urged the Council to keep the project on schedule. He suggested reviewing construction projects on Los Angeles Avenue and impacts to businesses. He requested projects be coordinated so as to reduce the impact to businesses. Gerald Goldstein, 11932 E. Los Angeles Avenue, stated it was time to underground the power lines. Mayor Hunter asked Rudy Gonzales, representing Southern California Edison, to respond to questions. Mr. Gonzales introduced Glen Stultz, Southern California Edison Project Manager. Mr. Stultz stated the funding was not available to accommodate undergrounding of all of the transmission lines. Mr. Kueny stated that Edison and Public Works staff have come up with a good project that would achieve undergrounding of the distribution lines. He suggested referring discussion of undergrounding of transmission lines to the appropriate standing committee and /or address the matter during budget discussions to look at whether any funds would be available. Councilmember Rodgers concurred that construction projects should be coordinated to limit traffic problems on Los Angeles Avenue. Councilmember Evans stated it was necessary to be sensitive to traffic flow and businesses on Los Angeles Avenue. He supported undergrounding as much as possible at one time. In response to Mayor Hunter, Mr. Glen Stultz estimated the project could be completed in approximately 2 M months. Mr. Gilbert stated the only portion of the road affected would be the portion where the work was occurring at the time. In response to Councilmember Harper, Mr. Glen Stultz explained that the lines would be buried in concrete underground vaults. He stated the transmission lines and distribution lines would be underground separately. He stated the crews would work in compliance with the hours allowed by Caltrans. Councilmember Harper stated he did not want to miss the window of opportunity to have the project done, but that Minutes of the City Council Moorpark, California Page 5 February 2, 2000 he wanted to be able to remove some of the poles along Los Angeles Avenue. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to refer the matter to the Public Works, Facilities, and Solid Waste Committee. The motion carried by unanimous voice vote. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to 1) approve Option 1; 2) approve the scope of the proposed project as described in the report; 3) Adopt Resolution No. 2000 -1693 setting March 1, 2000, at 6:30 p.m. as the date and time for a public hearing to consider the formation of Underground Utility District No. 2000 -1; 4) direct the City Clerk to notify the owners of the properties within the proposed boundaries of the District of the date, time and purpose of said hearing, in accordance with the requirements of Section 12.20.020 of the Moorpark Municipal Code; and 5) direct the Director of Public Works to prepare a report pertaining to the formation of said District in accordance with the requirements of Section 12.20.030 of the Moorpark Municipal Code. The motion carried by unanimous voice vote. B. Consider Request by Toll Brothers, Inc. for Modification No. 1 to Vested Tentative Tract Map 4928, Residential Planned Development No. RPD 94 -1, and Conditional Use Permit No. CUP 94 -1, Related to the Moorpark Country Club Estates, and Addendum No. 1 to the Certified EIR (SCH # 9408175). Staff Recommendations: 1) Consider request for Minor Modification to the Moorpark Country Club Estates project and Addendum No. 1 to the certified project EIR; and 2) Adopt Resolution 2000 -1694, granting Minor Modification No. 1 to the Country Club Estates project. Mr. Loftus gave the staff report. In response to Mayor Hunter, Mr. Loftus explained that Toll Brothers had applied to reduce the 200 -foot habitable structure setback adjacent to the agricultural land on the north side of the project and that the Planning Commission recommended an increase rather than a decrease. He explained that Toll Brothers then withdrew the request. He stated the 200 -foot setback would continue to apply. In response to Mayor Hunter, Mr. Loftus explained the issues, which had been resolved, including the assessment district, equestrian trail, and phasing. Minutes of the City Council Moorpark, California Page 6 February 2, 2000 In response to Mayor Hunter, Mr. Loftus explained that the sidewalk on the north side of "C" Street would be deleted. He stated the multi -use trail would meander through the parkway on the south side of "C" Street and he explained the proposed landscaping along that roadway. In response to Councilmember Wozniak, Mr. Loftus stated that existing conditions required that the two golf courses be available for play by May 1, 2003. Mr. Kueny stated the original approvals required two 18- hole golf courses. Mr. Loftus stated the applicant was not currently proposing modifications to the number of holes of play for the golf courses. Councilmember Evans requested the development agreement be reviewed to determine the required number of holes for the golf courses. In response to Councilmember Evans, Mr. Loftus explained the original location of the equestrian trail. He stated the topography made it difficult to develop the trail along the southern project boundary. In response to Councilmember Evans, concern regarding loss of sidewalks along "C" Street, Mr. Loftus explained the new multi -use trail plan. In response to Councilmember Evans, Mr. Loftus indicated that allowing streets within the 200 -foot agricultural buffer was consistent with the General Plan policy. He discussed the intent of the General Plan policy was to prohibit residential structures within the agricultural setback. Paul Feilberg, 2100 W. Orangewood Avenue, Suite 180, Orange, representing Toll Brothers, requested the Council consider the Minor Modification. He explained that the intent of the request was to enhance the community and reduce the impact to the environment. He stated the conditional use permit included the provision for two 18- hole golf courses. He stated they were considering the possibility of reducing the number of the holes, but that redesign was not currently before the Council. He stated they were in agreement with staff regarding the equestrian trail. He stated the development agreement called for both golf courses to be completed by May 1, 2003. In response to Councilmember Wozniak, Mr. Feilberg stated there was a possibility that Toll Brothers would request Minutes of the City Council Moorpark, California Page 7 February 2, 2000 a reduction to the number of holes for one of the golf courses. Councilmember Wozniak stated he would have difficulty considering a reduction to the number of holes on the golf courses. Mr. Feilberg discussed the proposed grading and its possible impact on the golf course. Mayor Hunter indicated concern that the Minor Modification may impact the ability to construct an 18- hole course on the east side. John Michler, planner representing Toll Brothers, stated the Minor Modification would not impact their ability to construct two 18 -hole golf courses. He stated any reduction in holes, based on economics, would come before the Council for approval. Councilmember Evans questioned whether the number of holes should be determined prior to approving the Minor Modification. He stated it was necessary to consider the entire project, including the two golf courses, and asked for clarification regarding Condition No. 12. Councilmember Wozniak stated it was necessary for Toll Brothers to build two 18 -hole golf courses. Councilmember Harper stated the Council was in control of any modifications to the development agreement; therefore, the number of holes for the golf courses was a non - issue. He questioned whether the irrigation would be from reclaimed water. In response to Councilmember Harper, Mr. Feilberg indicated they had had discussions with representatives of the Water District, and that there may not be capacity to serve both the golf courses and landscaping with reclaimed water. Mr. Feilberg also stated the current conditions required contoured grading and discussed the recreational amenities. He clarified that a community pool was not proposed. Councilmember Harper indicated concern with mixing horses and pedestrians on the same path. He questioned the type of surface for the trail. Mr. Feilberg stated the surfacing of the trail had not been determined. He introduced the project landscape architect. Lee Newman, 31320 Via Colinas, Westlake Village, landscape architect, provided a history of his experience with similar projects utilizing decomposed granite paths. Minutes of the City Council Moorpark, California Page 8 February 2, 2000 He stated combination trails were successful in other communities. In response to Councilmember Harper, Mr. Feilberg stated equestrian uses were not allowed on the lots in the project. In response to Councilmember Harper, Mr. Loftus discussed the condition requiring contour grading. He stated it would be staff's intent to ensure that geometric slopes were not produced. In response to Mayor Hunter, Ms. Traffenstedt stated roads were initially planned within the 200 -foot agricultural setback at the time of the original project approval. She stated the project was conditionally approved so as to require the 200 -foot buffer. Mr. Kueny stated the current proposal complies with the General Plan buffer requirements. Councilmember Harper indicated concern with the availability of reclaimed water. Mr. Loftus stated the Water District had indicated that they were uncertain regarding the availability of reclaimed water. Mr. Feilberg stated the Water District indicated that the demand of the two golf courses would utilize the entire reclaimed water capacity. He indicated there was no problem with domestic water. He stated they were looking into various options for locating the reclaimed water lines. Councilmember Harper indicated concern with having enough water capacity to serve this project and future projects. Mr. Loftus stated the Water District had not indicated concern with being able to provide potable water. Mr. Feilberg stated the issue was over reclaimed water only. Councilmember Wozniak stated he was willing to look at the staff recommendations as long as 36 -holes of golf were included. He suggested adding language to Condition No. 12 requiring two 18 -hole golf courses. He stated he would not approve a future major modification reducing the number of holes of play for the golf courses. Councilmember Evans stated he was prepared to move forward in a positive manner. He requested rewording the language of Condition No. 12 to make it clear that two 18 -hole golf courses would be included. Minutes of the City Council Moorpark, California Page 9 February 2, 2000 Mr. Kueny provided amended language as follows: "Both courses are required to be open to the public by May 1, 2003." Councilmember Evans stated he could support moving forward with Condition No. 12 amended as discussed. Councilmember Harper suggested Condition No. 12 be amended to indicate it was the intent of the Council that a reduction to the number of holes would not be approved. Mayor Hunter suggested conditioning the project and not restricting the filing of applications. Mr. Kueny suggested the Council review the issue of sidewalks along "C" Street. He stated the proposal might not be in compliance with the Americans with Disabilities Act. He recommended that a sidewalk be provided along with the multi -use trail on one side of the roadway within the 30 -feet of landscaping. In response to Mayor Hunter, Mr. Feilberg indicated the trail would be approximately 10 -feet wide. Mr. Kueny suggested the sidewalk be a minimum of 5% feet, including the top of the curb, with landscaping. Mr. Loftus stated both a paved sidewalk and trail could be included. Mr. Kueny suggested allowing the Director of Community Development to work out the specific design of the trail, sidewalk, and landscaping. Mayor Hunter indicated his preference that the trail and sidewalk not run side by side. In response to Councilmember Harper, Mr. Loftus stated there was a requirement for an 8 -foot bike lane on each side of "C" Street. Councilmember Evans stated that Condition No. 12 should be modified and that a sidewalk and trail should be provided along "C" Street. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to adopt Resolution No. 2000 -1694, as amended. Mr. Kueny suggested amending the motion to have the final language subject to the approval of the City Manager. AMENDMENT: Councilmember Evans amended the motion that final language revisions to Condition No. 12 and to the requirement Minutes of the City Council Moorpark, California Page 10 February 2, 2000 for design of the "C" Street sidewalk and trail are subject to the approval of the City Manager. Councilmember Harper accepted the amendment. The motion carried by unanimous voice vote. C. Consider Changes to Format of Bid Packages for Public Works Construction Projects. Staff Recommendation: Direct staff as deemed appropriate. Mr. Gilbert gave the staff report. In response to Mayor Hunter, Mr. Gilbert stated that disclosure of license revocation of subcontractors could be required. In response to Councilmember Harper, Mr. Gilbert stated the standard questionnaire would be developed in approximately 3 months. He discussed proposed State requirements. In response to Councilmember Rodgers, Mr. Gilbert explained that bid costs might increase if firms with less experience are screened out and the bid process becomes more cumbersome. In response to Councilmember Rodgers, Ms. Kane stated she has reviewed the recommendations and would endorse the recommendation to wait to see what occurs with the State. She stated if the State provided certain reasonable bidder qualifications, it would provide a safeguard. She explained that the stakes with disqualifying a bidder would become higher. She suggested deferring action until the State's recommendations were provided. Mayor Hunter stated the appropriate course would be to take no action. CONSENSUS: By consensus, the Council determined to receive and file the report. D. Consider Letter in Support of Proposition 26, "The Let's Fix Our Schools Initiative." Staff Recommendation: Direct staff as deemed appropriate. Ms. Traffenstedt gave the staff report. In response to Councilmember Evans, Ms. Traffenstedt stated staff could provide the Council with a copy of Proposition 26. Councilmember Evans stated he would like Minutes of the City Council Moorpark, California Page 11 February 2, 2000 the opportunity to evaluate the proposition prior to taking action. Councilmember Harper concurred that it was necessary to read the entire measure prior to adopting the resolution. He stated the school districts across the State need this measure. He indicated support for Proposition 26. CONSENSUS: By consensus, the Council continued the item to February 16, 2000. E. Consider Possible Renaming of Science Drive South of New Los Angeles Avenue. Staff Recommendation: Direct staff as deemed appropriate. Mr. Gilbert gave the staff report. Councilmember Harper stated he was in favor of changing the street name. He asked if staff could provide a list of alternative names. Mr. Kueny stated the Parks and Recreation Commission was considering the name for the park on Science Drive. He stated the item could be continued to March 15, at which time the Parks and Recreation Commission should have a recommendation for the park name. Councilmember Rodgers indicated that she would support changing the name of Science Drive and suggested possibly reviewing other street names throughout the City. Councilmember Evans concurred with considering changing the name of Science Drive once the park was named. He suggested naming the park and the street to honor a person who has historical significance in the City. CONSENSUS: By consensus, the Council continued the item to March 15, 2000. Councilmember Harper suggested soliciting public suggestions. Mr. Kueny indicated a press release would be issued. 11. CONSENT CALENDAR: Councilmember Harper requested Item No. 11.C. be pulled. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to approve the Consent Calendar with the Minutes of the City Council Moorpark, California Page 12 February 2, 2000 exception of Item No. 11.C. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Regular Meeting of December 1, 1999. Consider Approval of Minutes of Special Meeting of January 19, 2000. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register - February 2, 2000. Fiscal Year 1999/2000 Manual Warrants 101373 - 101378 & $ 11,584.07 101482 - 101484 & 101493 - 101499 Voided Warrants 101443 $(17,895.00) (Pentamation additional 101519 & 101531 & remittance copies) 101541 & 101598 & 101602 Payroll Liability 101485 - 101492 $ 14,468.52 Warrants Regular Warrants 101500 - 101625 $320,778.60 Staff Recommendation: Approve the Warrant Register. D. Consider Resolution No. 2000 -1695 Establishinq a Hardshi Assistance Program for Mobilehome Tenants and Rescinding Resolutions Nos. 99 -1669 and 99 -1680. Staff Recommendation: Adopt Resolution No. 2000 -1695 establishing a hardship assistance program for mobilehome tenants for calendar year 2000 and rescinding Resolutions Nos. 99 -1669 and 99 -1860. E. Consider Resolution No. 2000 -1696 Amending the FY 1999/2000 Budget by Reducing the Total Appropriation and Budget for Project 8021 [Spring Road Rehabilitation Project] and Changing the Funding Source for Said Project From the Spring Road /Tierra Rejada Road AOC Fund [Fund 25021 to the Los Anqeles Avenue AOC [Fund 25011. Staff Recommendation: Adopt Resolution No. 2000 -1696 amending the FY 1999/2000 Budget by reducing the total appropriation and budget amount for Project 8021 and changing the funding source for said project from the Spring Road / Tierra Rejada Road AOC Fund [Fund 25021 to Minutes of the City Council Moorpark, California Page 13 February 2, 2000 the Los Angeles Avenue AOC Fund [Fund 2501]. (ROLL CALL VOTE REQUIRED) F. Consider Resolution No. 2000 -1697 Rescinding Resolution No. 94 -1062, Pertaining to Parking Restrictions on the South Side of Los Angeles Avenue between Moorpark Avenue and Park Lane and Establishing a No Stopping Anytime Zone within said Area. Staff Recommendation: Adopt Resolution No. 2000 -1697 rescinding Resolution No. 94 -1062 pertaining to parking restrictions on Los Angeles Avenue between Moorpark Avenue and Park Lane, and establishing a No Stopping Anytime Zone within said area. G. Consider Upgrade of Position Shared by Administrative Services and Community Development Departments from Clerk Typist to Secretary I. Staff Recommendation: Approve an upgrade of the Clerk Typist position shared by the Administrative Services and Community Development Departments to a Secretary I position. The following item was pulled from the Consent Calendar for individual consideration: C. Consider Bond Exoneration for Monumentation on PM 5038 (Moorpark /Caymus Properties LLC - Blockbuster CPD 96 -2. Staff Recommendation: 1) Accept the monumentation for PM 5038 (Blockbuster) as complete; and 2) Authorize the City Clerk to release the aforementioned security deposit in the amount of $962.50. In response to Councilmember Harper, Mr. Loftus stated that an application for additional development at the location was anticipated, at which time the driveway could be reviewed for redesign. Mr. Kueny stated the current driveway design was a requirement of Caltrans. Mr. Gilbert discussed the Caltrans requirement and stated the City had previously requested the driveway be modified, which Caltrans denied. Mr. Kueny recommended exonerating the bond and directing staff to review the driveway design and potential relocation of the sidewalk to minimize the steep angle. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to 1) Accept the monumentation for PM 5038 (Blockbuster) as complete; and 2) Authorize the City Clerk to release the aforementioned security deposit in the amount of $962.50. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 14 February 2, 2000 12. ORDINANCES: None. 13. CLOSED SESSION: Mr. Kueny announced that the City Council would be going into closed session for discussion of Items 13.B., 13.C., 13.D., 13.H. and 13.I. on the agenda. MOTION: Councilmember Harper moved and Councilmember Evans seconded a motion to adjourn to closed session for a discussion of Items 13.B., 13.C., 13.D., 13.H. and 13.1. on the agenda. The motion carried by unanimous voice vote. The time was 9:15 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 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 Minutes of the City Council Moorpark, California Page 15 February 2, 2000 Department of Transportation, and Ventura County Flood Control District (Case No. SC 022015) 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: 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 K. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Assistant City Manager, City Attorney, City Clerk, City Manager, City Engineer, Chief of Police, Director of Community Development, Director of Community Services, Public Works Director The Council reconvened into closed session at 9:40 p.m. Present in closed session were all Councilmembers; Steven Kueny, City Manager; Cheryl Kane, City Attorney; Wayne Loftus, Director of Community Development; and Deborah Traffenstedt, City Clerk. Graham Mitchell, Senior Management Analyst, Minutes of the City Council Moorpark, California Page 16 February 2, 2000 arrived at 9:55 p.m. and Mr. Loftus left the meeting at that time. Councilmember Rodgers did not participate in the discussion for Items 13.C., 13.D., 13.H. and 13.I. The Council reconvened into open session at 10:14 p.m. Mr. Kueny stated that one case under Item 13.B. and Items 13.C., 13.D., 13.H. and 13.I. were discussed in closed session and that there was no action to report. 14. ADJOURNMENT: Mayor Hunter adjourned the meeting at 10:14 p.m. ATTEST: Deborah S. Traffens edt City Clerk l4��0till:!L4. 1 ! Off f