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HomeMy WebLinkAboutMIN 2002 1106 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California November 6, 2002 A Regular Meeting of the City Council of the City of Moorpark was held on November 6, 2002, 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 6:50 p.m. 2. PLEDGE OF ALLEGIANCE: Joseph Montes, City Attorney, led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Mikos, Millhouse, Harper, Wozniak and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Ken Gilbert, Public Works Director; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; Captain Robert LeMay, Sheriff's Department; Walter Brown, City Engineer; Nancy Burns, Senior Management Analyst; Scott Wolfe, Principal Planner; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Introduce new City Employee, Maureen Benson, Deputy City Clerk I. Mayor Hunter introduced Ms. Benson and welcomed her to the City staff. 5. PUBLIC COMMENT: Gerald Goldstein, a Moorpark resident, discussed his concerns regarding enforced cleanup of his property. He also stated his objections to the proposed signage for the Moorpark Marketplace project. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. Minutes of the City Council Moorpark, California Page 2 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: November 6, 2002 Councilmember Wozniak announced that he had recently attended the 10 -year anniversary celebration for the METROLINK where the City of Moorpark was honored with a plaque. He went on to state that the Ventura County Transportation Commission is offering a story book version of the history of the METROLINK and information on accessing their website can be found on the City's Homepage. Councilmember Wozniak announced that the Holiday Toy Train will be coming to the Moorpark METROLINK station on December 8, 2002. Councilmember Wozniak requested a future agenda item to discuss the creation of a civic honor roll program to recognize unsung heroes for their efforts in the community. Councilmember Millhouse recognized the coaches, staff, players, and cheer staff of the undefeated Moorpark High School football team. Councilmember Millhouse congratulated the Rotarians for the success of the Civil War Re- enactment. Councilmember Millhouse requested a future agenda item to discuss the approval needed for the tennis team's storage bins to be placed at the Arroyo Vista Community Park. Mayor Hunter announced two Veteran's Day services on Monday, November 11, 2002. The first service will begin at 8:00 a.m. at the corner of Los Angeles Avenue and Moorpark Avenue, and the second service will be held at 10:00 a.m. at Poindexter Park. Mayor Hunter announced that the monthly, "After Dark" dance program for teens, grades sixth through ninth, will be held at the Arroyo Vista Recreation Center on Friday, November 8, 2002, from 7:00 p.m. to 10:00 p.m. 8. PUBLIC HEARINGS: A. Consider Major Modification No. 3 to CPD No. 89 -01 (Mission Bell Plaza) to Allow Tenant Improvements in the existing Theater Building for a 26,000 Square Foot Fitness /Sports Club with a 8,500 Square Foot, Three Theater Cinema, with 500 Seat Maximum, and Outdoor Swimmina Pool with Deckina and Fencina. Staff Recommendation: 1) Open the public hearing, accept public Minutes of the City Council Moorpark, California Page 3 November 6, 2002 testimony, and close the public hearing; 2) Adopt Resolution No. 2002 -2023 approving Major Modification No. 3 to Commercial Planned Development 89 -01, subject to Conditions of Approval. Mr. Hogan gave the staff report. In response to Mr. Hogan's request, Mr. Montes commented on the late correspondence received from the co- applicant's attorney expressing opposition to Condition No. 5, which requires a reciprocal access easement. He suggested removing Condition No. 5. He went on to recommend adding a condition of approval to include language that the approval of the modification to the CPD is not a consent to an alternative use of the property within the meaning of Section 312 of the Disposition and Development Agreement (DDA), as amended. Mayor Hunter opened the public hearing. Chris Henno, Maverick's Sports Club and Cinema, 107 Jefferson Avenue, Ventura, gave an overview of the proposed combined fitness center and theater. In response to Mayor Hunter, Mr. Henno stated that Signature Theaters, which operates over 200 movie screens, mostly in northern California, will be the vendor for the three - screen theater. In response to Mayor Hunter, Mr. Henno stated that he is in agreement with all conditions of the project except for Condition No. 5. In response to Councilmember Millhouse, Mr. Henno stated that the fitness center will be open to the general public and is not limited solely to club members. He went on to state that in order for the swimming pool to be designed to accommodate the high school water polo team, additional support would be needed from the School Board and from the City of Moorpark. In response to Mayor Hunter, Mr. Henno stated that the Ventura facility is located in a smaller building without a theater or swimming pool; that they also have gyms in Portland and in Concord; and that each fitness center they build is unique, hence the name "Maverick's ". John Newton, a Moorpark resident and local business person, spoke in favor of the reciprocal access for Minutes of the City Council Moorpark, California Page 4 November 6, 2002 public safety reasons and for the benefit of all who use the two shopping centers. Doug Frazier, a Moorpark resident, stated that he is not opposed to the project. He went on to state that he is concerned regarding the pre -sale of tickets prior to project approval; that there are no speed humps to slow traffic; and that there will be increased traffic on Sierra Avenue due to the number of patrons using the theater and swimming pool. In response to Mayor Hunter, Mr. Hogan stated that the applicant proceeded at his own risk with respect to the theater demolition, advertising, and pre -sale of tickets. Mr. Henno apologized to the Council and the residents for jumping the gun and stated that they would remove the advertising signs immediately. Councilmember Mikos stated improvements recommended by additions to the neighborhood. that the pedestrian staff will be welcome In response to Councilmember Mikos, Mr. Gilbert stated that speed humps in private parking lots are not uncommon; speed humps are hardly ever used on a public street; and that the City has not adopted speed humps as a traffic calming program for public streets. Councilmember Mikos stated that she would support having speed humps installed on the long stretch of asphalt in the parking lot. Councilmember Harper stated that the proposal is a unique mix of uses, which is a welcome addition to the community. He indicated his concerns about the loss of the reciprocal access and stated his intent to continue to support this access in the future for easy ingress /egress from the property. Councilmember Millhouse welcomed the applicant to the community and stated that these uses will be well received by the residents who have been lacking a local theater and this unique health club. He predicted that the traffic impacts will be less than what would have occurred with a successful eight- screen theater in the same location. Councilmember Millhouse concurred with Councilmember Harper's and Mr. Newton's concerns regarding the removal of the reciprocal access. He Minutes of the City Council Moorpark, California Page 5 November 6, 2002 encouraged the applicant to continue to work with the School District and possibly partner with the City to pursue the issue of the aquatic facility. He stated his support of the project, subject to the conditions in the staff report and stipulations provided by the City Attorney. Mayor Hunter closed the public hearing. Councilmember Wozniak stated his concerns for the impacts of traffic on the neighborhood and suggested bringing back to the Council the subject of what warrants the installation of speed humps on residential streets. Mr. Kueny stated that the traffic conditions are no different, in terms of rolling stop signs or speeding, in this neighborhood than they are in any other; that there is no neighborhood consensus for installing speed humps; and that the intent of the Transportation and Streets Committee was to bring the issue of closing off the street before the Council once the signal is installed at Shasta and Los Angeles Avenues. In response to Councilmember Wozniak, Mr. Kueny stated that the installation of the traffic signal should be in approximately two years in conjunction with the Pacific Communities project construction. A discussion among the Councilmembers followed regarding Standing Committee reports coming back to the City Council to provide neighborhood feedback to all Councilmembers and in this case, for the preparation of an historical evaluation of traffic calming measures that have been analyzed. In response to Mayor Hunter, Mr. Kueny stated that the access from the residential neighborhood through the commercial project was provided in this manner to allow adjacent residents safe access to the market and other stores and the ability to make a left turn onto Los Angeles Avenue at a signalized intersection. In response to Mayor Hunter, Councilmember Mikos stated that one of the options considered by the Transportation and Streets Committee was access into the center with no egress out; that there was no neighborhood consensus at the committee meetings even though a substantial number of residents were in attendance; and that the Committee was successful in getting the Mission Bell Center owner Minutes of the City Council Moorpark, California Page 6 November 6, 2002 to pay for the installation of the speed hump at the exit onto Lassen Street. Mayor Hunter stated that this would seem to meet the objective by reducing the incentive for other than residents to use that driveway. Councilmember Millhouse stated that there were a number of other concerns addressed, which could be discussed at a future meeting such as the increased traffic at the other end of the facility. MOTION: Councilmember Millhouse moved to adopt a Resolution approving Major Modification No. 3 to Commercial Planned Development 89 -01, subject to conditions of approval, as modified to delete the reciprocal access requirement and add the language recommended by the City Attorney that approval should not be construed as a consent to an alternative use of the property within the meaning of Section 312 of the DDA, as amended. Mr. Hogan asked to add further clarification to Condition No. 6 to indicate that the terminus of the sidewalk on Lassen Street is at the northwest corner of the site and for Condition No. 8 that the location of the speed hump be in the travel aisle behind the theater and market buildings at the connection to Lassen Street. Councilmember Millhouse concurred with those additional changes and Councilmember Harper seconded the motion. The motion carried by unanimous voice vote. B. Consider General Plan Amendment No. 2002 -04, Zone Change No. 2002 -04, Major Modification No. 1 to Tentative Tract Map No. 5307, and Minor Modification No. 1 to Residential Planned Development No. 2001 -01, a Request for a Change in Land Use Designation from M (Medium Density Residential) to VH (Very High Density Residential), Zone Change from R -1 (Single Family Residential) to RPD 9.1 Dwelling Units /Acre, the Addition of Three Lots to an Approved 22 -Lot Single - Family Residential Subdivision, and the Construction of Three Single Family Detached Affordable Units, on Property Located at the Northwest Corner of Millard Avenue and Los Angeles Avenue, on the Application of Colmer Development Company and the City of Moorpark. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; 2) Adopt the proposed Mitigated Negative Declaration; 3) Adopt Resolution No. 2002 -2024 approving Minutes of the City Council Moorpark, California Page 7 November 6, 2002 General Plan Amendment No. 2002 -04; 4) Introduce Zoning Ordinance No. 290 for first reading; 5) Adopt Resolution No. 2002 -2025, approving Tract 5307 - Major Modification No. 1, and Residential Planned Development Permit No. 2001 -01 - Minor Modification No. 1. Mr. Hogan gave the staff report. Mayor Hunter opened the public hearing. Wayne Colmer, Colmer Development Company, 5000 Parkway Calabasas, Calabasas, discussed the compatibility of the additional units with the existing project. Amado Reynoso, a Moorpark resident, stated his opposition to the project including the incompatibility of single - story homes adjacent to two -story homes; the disparity in scale, character, and design of the two developments; and increased traffic. He submitted photographs of the affected neighborhood to the City Clerk and invited the Councilmembers to visit his neighborhood. Councilmember Harper stated that with the reduction and intensity of use of the old school district office there should be a positive effect on the amount of traffic in the area. He went on to acknowledge Colmer Development Company's cooperation with the City to incorporate the last parcel into the project to bring consistency to the area. Mayor Hunter closed the public hearing. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded the motion to adopt the Mitigated Negative Declaration and Resolution No. 2002 -2024 approving General Plan Amendment No. 2002 -04. The motion carried by unanimous voice vote. Mr. Montes read the ordinance title. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded the motion to waive full reading of Ordinance No. 290. The motion carried by unanimous voice vote. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded the motion to introduce Ordinance No. 290 for first reading. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 8 MOTION: Councilmember Wozniak n seconded the motion to adopt approving Tract 5307 - Major Residential Planned Development Modification No. 1. The motion vote. November 6, 2002 Loved and Councilmember Mikos Resolution No. 2002 -2025 Modification No. 1, and Permit No. 2001 -01 - Minor carried by unanimous voice C. Consider Re- Allocating Proceeds from Sale of 6479 -B Penn Street (Community Block Grant Funds). Staff Recommendation: 1) Continue this item to the City Council meeting of November 20, 2002; and 2) Refer the matter to the Budget and Finance Committee for consideration prior to the City Council meeting of November 20, 2002. Ms. Burns gave the staff report. There being no public speakers, Mayor Hunter closed the public hearing. Councilmember Mikos suggested that the Committee consider options to use the money for housing assistance activities for those who need it the most, such as first - time homebuyers and for rental assistance. She went on to inquire whether this is an appropriate time to consider using some of the funds to assist Catholic Charities in obtaining a new home. Councilmember Mikos also offered for consideration of the Committee the resources of the Commission on Human Concerns on which she is a Director. Councilmember Millhouse stated that he and Councilmember Wozniak serve on the Ad Hoc Committee for relocation of Catholic Charities and that they will bring a report back to the City Council. Councilmember Harper stated his support of staff's recommendation and asked that a higher cap than $20,000 per buyer be considered, since in today's market that is not enough. Councilmember Mikos concurred with Councilmember Harper and asked that staff look at other creative options that may have changed since the increase in the market price, such as HUD housing assistance funds. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to: 1) continue this item to the City Council meeting of November 20, 2002; and 2) refer the matter Minutes of the City Council Moorpark, California Page 9 November 6, 2002 to the Budget and Finance Committee for consideration prior to the City Council meeting of November 20, 2002; and 3) to direct the Budget and Finance Committee to consider increasing the dollar amount for housing assistance and other creative opportunities for housing assistance as well as assistance to relocate Catholic Charities. The motion carried by unanimous voice vote. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Report Pertaining to the Efforts Required to Seek a Restriction of Non -Local Truck Traffic on Route 118 Between Route 23 and Route 34. Staff Recommendation: Direct staff to instruct Parsons to: 1) Delete the prior Task 2 (removal of the NHS designation) from the Scope of Work; 2) Add a Revised Task 2 to the Scope of Work to conduct a Safety Analysis of the subject Highway Segment for the fee amount indicated in this report; and 3) Defer work on Tasks 3 and 4 until after the Safety Analysis has been reviewed by the City Council. Mr. Gilbert gave the staff report and introduced Tony Velasquez from Parsons Transportation Group. Mr. Velasquez outlined the difficulties the City will have in providing statistical evidence of safety problems generated by truck traffic and the requirement of having a two- thirds vote of the California Transportation Commission (CTC) for approval of truck restrictions on a state highway. In response to Mayor Hunter, Mr. Gilbert stated that State Route (SR) 23 and SR 34 were considered as the furthest westerly points for the purposes of the study; that if a package were developed for an application, the restriction would probably be all the way to Highway 101 with signage on the freeway to advise trucks not to exit onto Santa Clara Road or in Saticoy; an Environmental Impact Report would be necessary; and there would be opposition from many communities if the decision is made to go forward with an application. Councilmember Millhouse recommended expanding the scope of the study to look at restricting rather than prohibiting truck traffic and not to overlook non - quantifiable safety concerns such as the transportation of hazardous materials near waterways or schools. He asked that information regarding the CTC, including the number of members and who appoints them, be provided to Minutes of the City Council Moorpark, California Page 10 November 6, 2002 the Council so that they can be contacted and convinced of the merits of re- routing truck traffic out of Moorpark. In response to Councilmember Wozniak, Mr. Velasquez stated that SR 118 is already on the National Highway System (NHS), which means any deficiencies in the roadway have been corrected to accommodate the truck traffic. He went on to state that to include Highway 118 all the way to the SR 101 corridor, some minor non - standard exceptions had to have been included. Councilmember Wozniak stated that the federal government has allowed loop holes to be used to qualify the roadway for NHS standards. He went on to state that further opportunity for restrictions can be seen on page 93 of the staff report under the description categories of "vehicles transporting hazardous material /waste adjacent to waters" and the "transport of explosives, flammables, liquefied petroleum gas or poisonous gas in a tank truck, trailer or semi trailers in other that the hours between 3:00 a.m. - 5:00 a.m." John Kerkhoff, resident of Somis, representing "Save Our Somis ", opposed the proposal, indicating that SR 34 through Somis is an illogical path, since it is three times as long. He cited the 1991 cooperation between the City of Moorpark and Caltrans to extend the right -of -way for SR 23 and SR 118 through the city, as the start of this problem. He thanked the Council for their intelligent discussion. Barbara Kerkhoff, a resident of Somis, representing "Save Our Somis ", opposed the proposal. She asked for the Council's support in asking Caltrans to perform an Environmental Impact Study of the truck route from SR 118 through SR 34. Ms. Kerkhoff stated that Somis residents would like to participate in discussions with the City of Moorpark in regard to truck traffic. She suggested as a possible alternate prohibition of truck traffic would be to have SR 118 to Grimes Canyon Road and on west to Saticoy to be declared a scenic highway. In response to Mayor Hunter, Mr. Velasquez stated that the material provided on restrictions is based on research performed by Caltrans. He went on to state that the transport of goods and services is a federal issue and that the Federal government would challenge the CTC even with a two - thirds vote. Minutes of the City Council Moorpark, California Page 11 November 6, 2002 In response to Mayor Hunter, Mr. Gilbert stated that safety worthiness can be quantified such as accidents per million miles traveled. He also stated that an argument for unsafe conditions can be established based on geometrics such as a curve, a hill, or a line of sight problem; however, it will be difficult to convince Ventura, Oxnard, and Somis who will be in opposition along with the truck lobby. In response to Mayor Hunter's suggestions that inadequate roadway width, lack of shoulder, limited number of truck turnouts, insufficient sight distance, and /or incompatibility of speed limits are safety hazards, Mr. Gilbert stated that it would be difficult to prove without support of an accident history. He went on to state that alternate routes would have to be identified in the application to the CTC in order to prohibit SR 118 through Moorpark as a truck route. In response to Mayor Hunter, Mr. Velasquez stated that part of the application package would include the environmental review, which could take 12- months to two - years to complete. Mr. Gilbert stated that Task 3 would explain the dollars and number of years needed to develop, process, and move the application through the entire CTC program. In response to Councilmember Mikos, Mr. Velasquez stated that the study could explore whether or not the parameters used to qualify the roadway to NHS standards have changed. He went on to clarify that the state looks at restrictions in relation to the cost benefit to fix the roadway versus prohibiting truck traffic. He stated that in his opinion, the state will try to fix the road to maintain truck travel. Councilmember Millhouse stated that diverting truck traffic through Somis does not solve the problem; the consultant needs to identify the safety justifications for prohibiting or restricting truck traffic; and prepare the application to the CTC. He went on to state that the Objective in the staff report on stamped page 96 should be changed to read "Determine the safety justifications that exist to prohibit truck traffic..." Councilmember Harper stated that the roadway study should be extended to include the curves near Mesa Union School, Minutes of the City Council Moorpark, California Page 12 November 6, 2002 which is the most geometrically non - compliant stretch of roadway where trucks have been seen to tip over or up onto one set of wheels; that the most logical alternative routes would be SR 101 and /or SR 126; and restrictions to consider should include gross weight, number of axles, and type of material being hauled. In response to Council, Mr. Gilbert stated that the consultant can be asked to identify safety factors used to justify restriction of truck traffic on state routes which are comparable to those found on SR 118. In response to Mayor Hunter, Mr. Kueny stated that if the study includes the roadway west of SR 34, then money will have been spent to exclude trucks from the unincorporated area rather than from within the city. He went on to state that his recommendation would be to first study the area from SR 118 to SR 34 and then if successful, extend it beyond to the west. In response to Councilmember Mikos, Mr. Gilbert stated that the increase in the scope of work to be more global in nature and treat this as a regional issue for the whole corridor would not significantly increase the consultant costs; that he concurs with Mr. Kueny that it would be unfortunate to be successful in prohibiting truck traffic beyond SR 34, but not within in the City; and that safety components within the City, west of Somis and beyond need to be established by the consultant so that no opportunity is lost. MOTION: Councilmember Millhouse moved and Councilmember Wozniak seconded a motion to 1) delete the prior Task 2 (removal of the NHS designation) from the Scope of Work; 2) add a Revised Task 2 to change the objective of the Scope of Work to determine the safety justifications to restrict and /or prohibit truck traffic on SR 118 between SR 23 and a revised westerly limit of State Route 232; and 3) defer work on Tasks 3 and 4 until after the Safety Analysis has been reviewed by the City Council. The motion carried by unanimous voice vote. B. Underground Conversion of Electrical Transmission Lines on Los Angeles Avenue. Staff Recommendation: Direct staff to proceed with steps necessary to develop a project for the undergrounding of the transmission lines between Shasta Avenue and Millard Street. Mr. Gilbert gave the staff report. Minutes of the City Council Moorpark, California Page 13 November 6, 2002 Councilmember Harper stated that he is in favor of moving ahead and would like the time schedule accelerated; he would like to see Section C included even though there are fiscal constraints; and it may be necessary to create an Undergrounding District to access fees from new development. Councilmember Millhouse concurred with Councilmember Harper. MOTION: Councilmember Millhouse moved and Councilmember Wozniak seconded the motion to develop a project for the undergrounding of the transmission lines between Shasta Avenue and Millard Street. The motion carried by unanimous voice vote. In response to Mr. Kueny, Mayor Hunter clarified that Section C would be included at a later date. C. Consider Art In Public Places Project For Moorpark Marketplace (Tract Map No. 5321). Staff Recommendation: Approve Zelman's (CPD 2001 -01) Art In Public Places project as submitted. Ms. Lindley gave the staff report. Brian Wolfe, architect for P & R Architects, 111 West Ocean Boulevard, #2100, Long Beach, California, described the fountain proposal and how it meets the Art In Public Places criteria. Robert Exel, representing Zelman Retail Partners, 515 South Figueroa, Suite 1230, Los Angeles, California, stated he is available for questions. Gerald Goldstein, a Moorpark resident, discussed the City of Moorpark's history of art in public places and encouraged the public to get involved. Councilmember Harper stated that he likes the additions to the renderings and the accent tiles along the perimeter; he would like to see tiles replace the free standing central element on the colonnade; and that the public will enjoy the fountain. Councilmember Wozniak concurred with Councilmember Harper's comments. Minutes of the City Council Moorpark, California Page 14 November 6, 2002 In response to Councilmember Millhouse, Mr. Wolfe stated that the distance between the curb face and the edge of the fountain is three and one -half feet; he does not recommend replacing landscaping with hardscape to the west of the fountain, because this area is not considered a logical pedestrian walkway; and the plantings are intended to preclude easy access to the fountain by children. In response to Mayor Hunter, Ms. Lindley stated that the Art In Public Places Advisory Committee considered the landscaping to be the better alternative to a pedestrian access, since it discourages direct access to the water in the fountain. Councilmember Harper concurred with Ms. Lindley's recollection and stated that the consensus of the Committee was to discourage approaching the fountain from the parking lot. Mayor Hunter and Councilmember Mikos concurred with Councilmember Harper regarding the landscaping instead of hardscape. In response to Councilmember Mikos, Mr. Wolfe described the landscaped pedestrian connections throughout the center. He went on to state that the public could choose to walk directly through the parking lot. In response to Councilmember Millhouse, Mr. Wolfe stated that if a landscaped type of sidewalk is considered for installation in front of the fountain it would create Americans with Disabilities Act compliance issues. MOTION: Councilmember Harper moved and Councilmember Mikos seconded the motion to approve staff's recommendation with the following changes: 1) add tile accents to the wall surrounding the two ponds; 2) replace the free - standing central identity element with a tile element; 3) include the landscaping in front of the fountain and 4) defer future details and changes to staff for approval. The motion carried by voice vote 4 -0, Councilmember Millhouse abstaining. 10. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Mikos seconded a motion to approve the Consent Calendar, with the exception of Item 10.D., which was pulled for individual consideration. The motion carried by unanimous roll call vote. Minutes of the City Council Moorpark, California Page 15 November 6, 2002 A. Consider Approval of Minutes of Regular Meeting of October 8. 2002. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register for Fiscal Year 2002 -2003 - November 6, 2002. Manual Warrants 110895 - 110895 & $ 737.44 110896 - 110901 $ 61,463.22 Voided Warrant 110028 & $ (62.06) 110872 & 110875 & $ (14,758.46) 111044 $ 0.00 Payroll Liability 110902 - 110909 $ 13,193.32 Warrants Regular Warrants 110910 - 111036 & $ 29,896.78 111037 - 111075 $ 410,303.73 Staff Recommendation: Approve the warrant register. C. Consider Amicus Support in Barden v. City of Sacramento. Staff Recommendation: Direct the City Attorney to sign the representation form authorizing the City of Moorpark to be added to the amicus curiae petition. E. Consider Adjustment to the Hourly Rates Charged for Engineering Services. Staff Recommendation: Approve a 1.8% increase to the rates charged for Engineering Services, effective December 1, 2002. F. Consider Notice of Completion for the Miller Parkway Widening Project (Project 8032). Staff Recommendation: Accept the work as complete and direct the City Clerk to record the Notice of Completion. G. Consider Adoption of Resolution Establishing the Annual Investment Policy for the City of Moorpark. Staff Recommendation: Adopt Resolution No. 2002 -2026 establishing the City of Moorpark's Investment Policy. H. Consider Bond Exoneration for Burger King Project (Cimms Inc.). Staff Recommendation: Authorize the City Clerk to exonerate bonds 3SM88956900 and 3SM88957000. Minutes of the City Council Moorpark, California Page 16 November 6, 2002 I. Consider Adoption of a Resolution Revising Rules and Regulations Governing the Use of City Facilities and Rescinding Resolution No. 99 -1582 and Adoption of a Resolution Revising Use Fees for the Use of City Facilities and Rescinding Resolution No. 99 -1583. Staff Recommendation: Adopt Resolution No. 2002 -2027 and Resolution No. 2002 -2028. The following item was pulled from the Consent Calendar for individual consideration: D. Consider Selection of a Consultant to Prepare the Arroyo Simi Trail Study. Staff Recommendation: Approve selection of RRM Design Group to prepare the subject study for a fee amount not to exceed $125,000, and authorize the City Manager to sign the Agreement for this work, subject to final language approval by the City Manager and the City Attorney. Councilmember Mikos stated she pulled this item to bring the subject of the Arroyo Simi Trail Study to the public's attention and to commend staff for their hard work. 11. ORDINANCES: None. 12. CLOSED SESSION: Mr. Kueny announced that the City Council would be going into closed session for discussion of Item 12.F. and Item 12.G. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to recess for closed session for discussion of Item 12.F. and Item 12.G. The motion carried by unanimous voice vote. The time was 9:15 p.m. Councilmember Millhouse announced that he would be absent for discussion of Item 12.F., due to a potential conflict of interest. F. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 511 -0- 050 -270, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiation Parties: The City of Moorpark and Colin Velazquez Under Negotiation: Price and terms of payment Minutes of the City Council Moorpark, California Page 17 November 6, 2002 G. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 511 -0- 050 -080, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiation Parties: The City of Moorpark and Monte Louis Abbath Under Negotiation: Price and terms of payment Present in closed session were Councilmember Harper, Councilmember Mikos, Councilmember Millhouse, Councilmember Wozniak and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, City Attorney; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. Councilmember Millhouse left the closed session at 9:25 p.m., prior to discussion of Item 12.F. The Council reconvened into open session at 9:35 p.m. Mr. Kueny stated that Items 12.F. and 12.G. were discussed and that there was no action to report. 13. ADJOURNMENT: Mayor Hunter adjourned the ATTEST: Deborah S. Traffen dt City Clerk