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HomeMy WebLinkAboutMIN 2001 0207 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California February 7, 2001 A Regular Meeting of the City Council of the City of Moorpark was held on February 7, 2001, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 6:47 p.m. 2. INVOCATION: Pastor Dave Wilkinson, Moorpark Presbyterian Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Captain Robert LeMay led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Wozniak and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Joseph Montes, Acting City Attorney; Hugh Riley, Assistant City Manager; Ken Gilbert, Director of Public Works; Mary Lindley, Director of Community Services; Wayne Loftus, Director of Community Development; Dana Shigley, Director of Administrative Services; Walter Brown, City Engineer; Captain Robert LeMay, Sheriff's Department; John Brand, Senior Management Analyst; Nancy Burns, Senior Management Analyst; Julie C.T. Hernandez, Senior Management Analyst; John Libiez, Planning Manager; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Blanca Garza, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: None. 6. PUBLIC COMMENT: Brittany Stephens, Teen Council, discussed the Teen Council activities. She discussed the planned field trip to the new Disneyland theme park. Minutes of the City Council Moorpark, California Page 2 February 7, 2001 June Dubriel, 4236 Laurel Glen, expressed her feelings regarding an incident involving a Star reporter and Moorpark Police Department. She expressed concern regarding an article in the Moorpark Star regarding racial profiling. She stated she wanted to live in a safe community but not at the expense of human dignity. She suggested a culturally diverse citizens committee may be appropriate to review policing efforts in Moorpark. Becky Evans, on behalf of the Moorpark Chamber of Commerce, stated the Chamber had recognized Card Services International as Business of the Year. She announced the Citizens of the Year were John Newton and Carla Robertson. She discussed upcoming planned activities and work efforts by the Chamber. Councilmember Millhouse addressed the incident that occurred with the Moorpark Star reporter. He stated the city of Moorpark was blessed to have an ethnically diverse population. He stated it was necessary to be aggressive in situations involving racial profiling. He stated he would support requesting the Sheriff's Department to inform the Council of _ the steps being taken and whether any additional training was necessary. AT THIS POINT in the meeting, a recess was declared to convene the Redevelopment Agency. The time was 7:06 p.m. The Council reconvened at 7:30 p.m. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure Section 2.9, Items to be withdrawn from the Consent Calendar shall be identified at this time.) Councilmember Millhouse requested Item 11.A. be pulled from the Consent Calendar for individual consideration. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Millhouse asked for a future agenda item regarding obtaining other local agency support for an additional widening project for State Route 23 from Tierra Rejada Road to Thousand Oaks. Councilmember Mikos stated she had attended a meeting of the Santa Monica Mountains Conservancy and Fox Canyon Ground Water Management Agency. She suggested residents contact her if they would like information on the meetings. She announced a Presidents' Day Happy Camp Canyon Regional Park hike. Minutes of the City Council Moorpark, California Page 3 February 7, 2001 Councilmember Harper asked for a future agenda item regarding establishment of a Public Safety Commission. He explained the purpose would be to take public comment on safety in the community and make recommendations to the Council, review of allocations of public resources, and review of disaster preparedness. He requested staff contact neighboring cities to obtain input on similar commissions. Councilmember Mikos stated she and Councilmember Millhouse, as members of the Council's Transportation and Streets Standing Committee, would be meeting on February 26, 5:30 p.m., to discuss street sweeping and parking near the Vallaggio and Mirabella neighborhoods and speeding through Moorpark Estates. 9. PUBLIC HEARINGS: A. Conduct a Public Hearing on the Year 2000 Updates of the Countywide Siting Element (CSE) and Summary Plan (SP) of the Countywide Integrated Waste Management Plan (CIWMP) and Consider Approval Based on Comments Received. Staff Recommendation: 1) Accept public testimony and close the public hearing; and 2) based on comments received, approve Year 2000 Updates of the Countywide Siting Element (CSE) and Summary Plan (SP) of the Countywide Integrated Waste Management Plan (CIWMP). Mr. Brand gave the staff report. Mayor Hunter opened the public hearing. Gerald Kapuscek, 800 S. Victoria Avenue, Ventura, California, 93009, Ventura Count Solid Waste Management, stated Moorpark would be the 5t city in Ventura County to approve the plan. He complimented staff for their involvement in the preparation of the plan. Mayor Hunter closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to approve Year 2000 Updates of the Countywide Siting Element (CSE) and Summary Plan (SP) of the Countywide Integrated Waste Management Plan (CIWMP). The motion carried by unanimous voice vote. B. Consider Proposals for Community Development Block Grant _ (CDBG) Funds ($202,206) for FY 2001/2002. Staff Recommendation: 1) Open the public hearing and receive public testimony for consideration in the appropriation of FY 2001/2002 CDBG funds estimated to total $202,206; close public hearing; 2) refer this matter to the Budget Minutes of the City Council Moorpark, California Page 4 February 7, 2001 and Finance Committee for review prior to the next regularly scheduled Council meeting, directing the Committee to prepare a recommendation for final appropriations for Council's consideration at the regular meeting scheduled for March 7, 2001; and 3) continue this item to the meeting of March 7, 2001. Ms. Burns gave the staff report. In response to Councilmember Millhouse, Ms. Burns explained that the list of unfunded CDBG proposals was presented for background information. Mayor Hunter opened the public hearing. Sylvia Taylor, Ventura, California, Long -Term Care Ombudsman, discussed the importance of long -term care. She stated the number of individuals served in Moorpark was increasing by 20 percent per year. She explained the services provided by Long -Term Care Ombudsmen. She requested the Council support the program. Mary Ann Decaen, 4459 Whittier Street, Ventura, Catholic Charities, discussed the services provided by Catholic Charities. She stated they had assisted over 5,500 low - income persons. She requested funds for staffing purposes. Robert Bagdazian, 303 North Ventura Avenue, Ventura, California, Regional Director of Catholic Charities of Ventura County, discussed the need to relocate to a new site. He stated they served approximately 15,000 people per year in Moorpark. He proposed the Moorpark Community Services Center be moved to 222 High Street, for which he requested $150,000 in CDBG funds. Wendy Fisch, 505 Poli Street, Ventura, addressed the Council in support of the Senior Survival Mobile. She explained that they provide rides to seniors for medical appointments. She indicated they were requesting $1,000. Dan Williams, 4156 North Southbank Drive, Oxnard, Food Share Inc., stated they served approximately 500 people in Moorpark each month. He requested the City's assistance in funding for low- income families and seniors in Moorpark. He explained that the funds would be used to purchase protein items and for trucking costs. Minutes of the City Council Moorpark, California Page 5 February 7, 2001 Ronald O'Neil, 4048 Winterwood Court, addressed the Council in support of Catholic Charities. He provided a history on the need for a permanent location. Kathleen Easlack, 2220 Ventura Boulevard, Camarillo, California, 93010, representing Senior Nutrition, explained the services provided. She stated they were requesting $11,000. Mike Wesner, 200 Casey Road, President of the Boys and Girls Club, requested capital improvement funds for the windows at the top of the gymnasium. He discussed the programs offered by the Boys and Girls Club. Dave Wilkinson, 4791 Elderberry Avenue, Pastor of Moorpark Presbyterian Church, discussed the benefit of Catholic Charities to the entire community. He stated Community Christian Church also supported Catholic Charities. He urged the Council to allocate the requested funds. Ms. Traffenstedt indicated 33 written statement cards were received in support of Catholic Charities. The names of the individuals submitting written statement cards are as follows: Ronald O'Neil Ron LaGuardia Mark DiCecco Lloyd Laycook Paul and Sherri Andrews Richard Donahue Cheryl Lewis Nancy Donahue Diana Grace Patrick Grace Robin Karlsson Anders Karlsson Alicia Mayfield Alan Vollbrecht Kathy Vollbrecht Bob Mitchell Joyce Barbee Karen Schjolin Perry Schjolin Mark Lewis Steven Day Eric Dee Joyce Hutchinson James B. Mitchell Minutes of the City Council Moorpark, California Page 6 February 7, 2001 Kristin Davis Harriet Ferguson Peggy Johnson Mickey Stueck Rosie Collden Kathy Paul John Colvin Bernardo M. Perez In response to Councilmember Millhouse, Ms. Burns explained that administrative funds paid for staff time. In response to Councilmember Harper, Ms. Burns stated funding for the Ventura County Homeless and Housing Coalition would need to come from administration funds. Mayor Hunter closed the public hearing. CONSENSUS: By consensus, the Council approved the staff recommendation and tentatively scheduled a special meeting of the Budget and Finance Standing Committee for February 13, 2001, at 4:00 p.m., with the public invited to attend. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Presentation on New West Symphony. Staff Recommendation: Direct staff as deemed appropriate. Councilmember Wozniak explained that he requested the item be placed on the agenda to have a representative explain the program. He introduced Betsy Chess. Betsy Chess, Executive Director of New West Symphony, provided an overview of the symphony. She explained the grant by the City of Thousand Oaks requiring matching funds. She requested the Council contribute $1,000. Councilmember Wozniak discussed the benefits and power of the Symphony. He stated they were asking for $1,000 and suggested Council consideration. Councilmember Mikos stated she attended the Discovery Artist Concert. She indicated support for funding the Symphony. Councilmember Harper concurred with Councilmember Wozniak and Councilmember Mikos. He suggested the possibility of including a continuing budget item to support performing arts. He requested the City also support the Moorpark Minutes of the City Council Moorpark, California Page 7 February 7, 2001 Symphony. He suggested the Budget and Finance Committee review the matter. In response to Councilmember Millhouse, Mayor Hunter stated the action to appropriate the money would have to come back on the next agenda. Councilmember Millhouse suggested the matter come back on the next agenda. In response to Councilmember Mikos, Mr. Kueny stated staff could come back with a budget amendment resolution. CONSENSUS: By consensus, the Council directed staff to bring back a resolution at the next regular meeting to amend the budget to include funding to be used in support of performing arts. In response to Mayor Hunter, Ms. Chess announced an upcoming concert on February 23, 2001. She read a Los Angeles Times editorial review of a recent concert. B. Consider Review of City Council Action Regarding Art in Public Places Policy. Staff Recommendation: Direct staff as deemed appropriate. Ms. Lindley gave the staff report. Councilmember Harper agreed with the staff recommendation on the formation of a committee. He suggested the project at Tierra Rejada Road and Mountain Trail Street proceed. He stated his preference for a fountain. Mayor Hunter stated his concurrence for the suggestion for the corner of Tierra Rejada Road and Mountain Trail Street. Councilmember Millhouse stated he volunteered to be the other committee member with Councilmember Harper. He suggested more than one design be obtained if a waterscape feature were to be placed on the corner of Tierra Rejada Road and Mountain Trail Street. Councilmember Mikos stated she would also like to be on the committee but would support Councilmember Millhouse as the second member. She also stated she supported the staff recommendation. Mr. Kueny recommended two Councilmembers work with staff to address the remaining concerns for the art feature proposed for the corner of Tierra Rejada Road and Minutes of the City Council Moorpark, California Page 8 February 7, 2001 Mountain Trail Street. He discussed how other members of the ad hoc committee could be selected. Mayor Hunter suggested the Parks and Recreation Commission designate one member. He suggested selection of two public members follow the normal advertisement and appointment procedures. In response to Councilmember Mikos, Mayor Hunter stated consideration should be given to residents and those employed within the City boundaries. Councilmember Wozniak requested clarification on the proposed policy. He recommended the ad hoc committee review and provide a recommendation on the policies and procedures for art in public places. In response to Councilmember Wozniak, Mr. Kueny stated that would be staff's intent to have the ad hoc committee participate in development of the policies. Councilmember Mikos suggested the committee conduct a _ public workshop to obtain ideas from the community. Mr. Kueny stated it was staff's intent that the committee meetings would be open to the public. Gerald Goldstein, 11932 Los Angeles Avenue, discussed his ideas for mural projects. CONSENSUS: By consensus, the Council appointed Councilmembers Harper and Millhouse to an Art in Public Places Ad Hoc Committee and directed that they proceed with providing a recommendation for an art project for the corner of Tierra Rejada Road and Mountain Trail Street; directed that the full Art in Public Places Ad Hoc Committee consist of Councilmembers Harper and Millhouse, one Parks and Recreation Commissioner, and two public members; requested the Parks and Recreation Commission to designate its member; and directed the City Clerk to advertise for two public members, with the requirement that public members must be either residents of Moorpark or employed in Moorpark. The Council further directed the Ad Hoc Committee to have all meetings open to the public and to review and make recommendation on policies and procedures for art in public places. AT THIS POINT in the meeting, a recess was declared. The time was 8:41 p.m. The Council reconvened at 9:04 p.m. C. Consider the Status of the SR -118 Arterial Bypass in Implementing the Circulation Element of the General Plan. Minutes of the City Council Moorpark, California Page 9 February 7, 2001 Staff Recommendation: 1) Proceed with an arterial street within a 200 foot corridor including a study of the Crawford Canyon connection option; and 2) direct staff to proceed with amendment to the Circulation Element of the General Plan. Mr. Loftus gave the staff report. Councilmember Harper agreed with staff's conclusions. Councilmember Harper suggested the initial project terminate at Spring Road. Mr. Loftus stated that was an available option and future discussion could occur. He stated the "D" Street option, that is no longer included in the Circulation Element, is not considered feasible. In response to Mayor Hunter, Mr. Loftus stated he did not believe the upgrade to a State route would be precluded by initial construction as an arterial roadway. Mayor Hunter stated it would be difficult to change from a landscaped parkway to a State route. In response to Councilmember Harper, Mr. Loftus stated the Circulation Element could be amended to clarify the intent of the transportation corridor. Mr. Kueny explained that the intent was to maintain the future freeway option. He stated it was necessary to recognize the extension of the State Route (SR) 118 freeway to remove truck traffic from Los Angeles Avenue. Councilmember Harper stated that he agreed with the City Manager that the right of way should be reserved, but that he would not support a freeway in a residential area. In response to Councilmember Mikos, Mr. Kueny explained that if a freeway was built, the road would be reduced or eliminated, but that there would need to be alternative circulation. He stated the pavement for the bypass could be upgraded to handle expressway traffic. In response to Councilmember Mikos, Mr. Gilbert stated Highway 126 was an example of an expressway. Mr. Loftus stated intersections are at grade with an expressway. Councilmember Millhouse stated he did not see the benefit of a freeway. He stated he would like to see the arterial roadway stop at Spring Road. He stated a freeway would take 30 years to build. He explained that Minutes of the City Council Moorpark, California Page 10 February 7, 2001 terminating at Spring Road would make it more difficult for the State to make connections. In response to Councilmember Millhouse, Mr. Loftus stated the planned connection to westerly Los Angeles Avenue was approximately 1,000 feet west from Butter Creek Road. In response to Mayor Hunter, Mr. Loftus explained that the County was looking at whether to retain or remove the State Route 118 future freeway westerly extension from the County Circulation Element. Dennis Hardgrave, 651 Via Alondra, #711, Camarillo, representing Hitch Ranch, Specific Plan No. 1, indicated support for the staff report. He stated they preferred a local arterial roadway be built. He stated their plans included the possibility of a future freeway. He stated they were committed to building the four -lane road throughout Specific Plan No. 1. He offered their engineering services to provide a profile for the roadway. In response to Councilmember Mikos, Mr. Loftus explained that the development agreement for the AB industrial project allowed 70 percent of buildout before the roadway connection to Los Angeles Avenue with an undercrossing of the railroad tracks was required. He stated they would provide right of way and north /south linkage for the SR- 118 Bypass. Mr. Kueny stated the AB Development property could be included in the boundaries of an assessment district. In response to Councilmember Millhouse, Mr. Loftus stated a Casey Road extension would not conflict with the arterial bypass. In response to Councilmember Millhouse, Mr. Loftus explained the potential future extension of a SR -23 freeway or expressway to Fillmore. In response to Councilmember Mikos, Mr. Loftus described a potential Crawford Canyon connection to East Los Angeles Avenue. He discussed the earlier plan for a linkage called "D" Street. Councilmember Mikos discussed the impact to Virginia Colony. Minutes of the City Council Moorpark, California Page 11 February 7, 2001 Mayor Hunter stated he had met with State representatives and asked about banning certain trucks on Los Angeles Avenue as the current SR -118. Councilmember Millhouse stated there must be an alternative if trucks were banned from SR -118, which could be provided by expansion of SR -23 between Moorpark and Thousand Oaks. He suggested trucks be limited to use of the right lane and prohibited during peak hours. He stated there was no reason for trucks to come through the city of Moorpark and that legislation was necessary to ban or limit trucks. He stated significant law enforcement and inspections would inhibit trucks through Moorpark. In response to Councilmember Harper, Mayor Hunter stated AB 500 imposed a similar restriction in another jurisdiction, where trucks were now prohibited. He stated Senator McClintock was very receptive to consideration of a truck ban for SR -118. He stated he would seek the support of State representatives for other affected cities. He discussed arguments he had made to State legislators for the removal of trucks from SR 118. He stated there were economic impacts from the heavy truck traffic through the City. Councilmember Millhouse discussed concerns with the safety of school bus stops along Los Angeles Avenue. He stated it was necessary to have a solution for where trucks could go. Councilmember Harper agreed that additional lanes on SR- 23 were necessary. He stated it was necessary to make an argument that Moorpark's situation was different to achieve the banning of trucks. He stated it was necessary to convince the Highway Patrol to keep inspection stations open 24 hours. Councilmember Millhouse suggested the State be contacted to determine the funding necessary to maintain 24 -hour inspections. Councilmember Harper suggested a 200 -foot right of way not be provided for the SR -118 bypass to make it more difficult to create a freeway. Mayor Hunter stated it was necessary to locate the inspection station along westerly Los Angeles Avenue to keep trucks from bypassing the SR -101 freeway. Minutes of the City Council Moorpark, California Page 12 February 7, 2001 In response to Councilmember Harper, Mayor Hunter stated only California Highway Patrol Officers had authority to conduct truck inspections pursuant to State law. Councilmember Millhouse stated local police could stop trucks for other reasons and do inspections at that time. In response to Councilmember Mikos, Mayor Hunter stated the number of trucks stopped by Deputy Sheriff patrol officers in the City was negligible. Mr. Kueny stated the City had had an overtime grant for the past two years for this purpose. In response to Councilmember Mikos, Mayor Hunter summarized AB 500. Councilmember Harper requested staff review the Port expansion in Port Hueneme. He asked if the City could become part of the Port Authority. Councilmember Mikos discussed the need for a corridor study and requested a future agenda item. In response to Councilmember Mikos, Mr. Gilbert explained that grant money could possibly be used for a study, if the freeway option was included. Mr. Kueny stated there were sufficient funds for studies wanted by the City. He stated the development community would primarily construct the SR -118 bypass arterial in Moorpark. Councilmember Harper suggested moving forward and indicated support for the staff recommendation. He requested additional study of the termination of the bypass arterial at Spring Road. Mayor Hunter suggested directing a letter to the Commissioner of the California Highway Patrol demanding that the inspection station on westbound SR -118 be open 24 hours per day; consider adoption of a resolution on the next Council agenda in favor of a partial or total truck ban on SR -118; and direct a letter to the County of Ventura asking them to consider prohibiting trucks from using Grimes Canyon between SR -118 and Broadway. Councilmember Harper suggesting directing staff to send a letter to the Port Authority asking how the City of Moorpark could get a seat on the Port Authority Board. Councilmember Millhouse suggested consideration of a corridor study. Minutes of the City Council Moorpark, California Page 13 February 7, 2001 In response to Mayor Hunter, Mr. Kueny stated Air Quality mitigation funds might be used to supplement the cost of an inspection station. Mayor Hunter requested copies of the resolution be forwarded to the County Board of Supervisors if adopted. CONSENSUS: By consensus, the Council approved the staff recommendation as amended to have the arterial street terminating at Spring Road; directing staff to: 1) Prepare a letter to the California Highway Patrol asking for the inspection station along Westbound SR -118 to be open 24 hours a day; 2) Return with a resolution on the next agenda in favor of a partial or full ban on trucks on SR -118; 3) Prepare a letter to the County Board of Supervisors requesting the Board to consider prohibiting trucks on Grimes Canyon Road between SR -118 and Broadway; 4) Prepare a letter to the Port Authority asking how the City could obtain a seat on the Port Authority Board; and 5) Return with an agenda item regarding status on corridor study for SR -118. 11. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Millhouse seconded a motion to approve the Consent Calendar, with the exception of Item ll.A. The motion carried by unanimous roll call vote. B. Consider Approval of Warrant Register- February 7, 2001. Manual Warrants 104756 - 104768 & $326,488.80 104778 - 104787 Voided Warrants 102055 & 102080 & $ (1,036.10) (Pentamation additional 104592 & 104756 & remittance copies) 104759 & 104761 & 104765 & 104785 & 104809 & 104810 Payroll Liability 104769 - 104777 & $ 36,172.19 Warrants 104788 - 104796 Regular Warrants 104797 - 104901 $300,062.47 Staff Recommendation: Approve the Warrant Register. C. Consider Initiating Proceedings Related to the Levy of Assessments for the Park Maintenance and Improvement Assessment District for FY 2001/2002. Staff Recommendation: 1) Adopt Resolution No. 2001 -1812, Minutes of the City Council Moorpark, California Page 14 February 7, 2001 authorizing preparation of an Engineer's Report for the Moorpark Park Maintenance and Improvement Assessment District; and 2) authorize staff to secure the services of Shilts Consultants to prepare the Engineer's Report and administer the District for a cost not to exceed $9,000. D. Consider the Early Release of a Letter of Credit (LOC) for Development Plan No. 299, Minor Modification No. 1 (Industrial Building Addition at 6100 Condor Drive). Staff Recommendation: Accept Union Bank of California's Notice of Non - Renewal of Standby Letter of Credit with no further surety required relating to Development Plan No. 299, Minor Modification No. 1. E. Consider Approving an Amendment to Moorpark Soccer Club Use Agreement. Staff Recommendation: 1) Approve an amendment to the Use Agreement with Moorpark Soccer Club allowing the use of Peach Hill Park between January and March, 2001, as discussed in the agenda report; and 2) authorize the City Manager to execute the Amendment. F. Consider City Energy Conservation Measures. Staff Recommendation: Receive and file the report. G. Consider Resolution No. 2001 -1813 Establishinq a Revised Classification Plan and Job Descriptions for Non - Competitive and Competitive Service Employees and Rescinding Resolution No. 2000 -1775 and Consider Resolution No. 2001 -1814 Amending the Salary Plan for Competitive Service, Non - Competitive Service and Hourly Employees, and Rescinding Resolution No. 2000 -1776. Staff Recommendation: 1) Adopt Resolution No. 2001 -1813 establishing a Revised Classification Plan and Job Descriptions for Non - Competitive and Competitive Service Employees and Rescinding Resolution No. 2000 -1775; 2) Adopt Resolution No. 2001 -1814 amending the Salary Plan for Competitive Service, Non - Competitive Service and Hourly Employees, and rescinding Resolution No. 2000- 1776; and 3) Approve change of budgeted position for Public Works Department from Laborer II to Maintenance Worker I. H. Consider Approval of Membership for the Palos Verdes Peninsula Transit Authority in the California Joint Powers Insurance Authority (JPIA). Staff Recommendation: -- Authorize the Mayor, as the California JPIA Director for the City of Moorpark, to approve the requested membership. Minutes of the City Council Moorpark, California Page 15 February 7, 2001 The following item was pulled from the Consent Calendar for individual consideration: A. Consider Approval of Minutes of Special Meeting of June 14, 2000. Consider Approval of Minutes of Regular Meeting of June 21, 2000. Consider Approval of Minutes of Regular Meeting of July 5, 2000. Consider Approval of Minutes of Regular Meeting of July 19, 2000. Consider Approval of Minutes of Regular Meeting of August 2, 2000. Consider Approval of Minutes of Regular Meeting of January 3, 2001. Consider Approval of Minutes of Special Meeting of January 17, 2001. Staff Recommendation: Approve minutes as processed. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to approve the minutes as processed. The motion carried by voice vote 3 -0, Councilmember Mikos and Councilmember Millhouse abstaining. 12. ORDINANCES: None. 13. CLOSED SESSION: Mr. Kueny announced that Council would be going into closed session for a discussion of one case under Item 13.B. and Items 13.G. and 13.H. on the agenda. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to adjourn to closed session for a discussion of one case under Item 13.B. and Items 13.G. and 13.H. on the agenda. The motion carried by unanimous voice vote. The time was 10:16 p.m. Minutes of the City Council Moorpark, California Page 16 February 7, 2001 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) G. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) A Trucking Crane Rental & Repair Company dba A.T.C. Rentals & Repairs, Inc., a California Corporation vs. TM Engineering, a California joint venture; Washington International Insurance Co., an Illinois corporation; WAUSAU, a Mutual Company, a Wisconsin corporation; and City of Moorpark, a California public entity (Case No. SC CIV198723) H. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: 500 Block (East Side) of Spring Rd., Moorpark CA 93021; (7.52 Acre portion of Lot A, Tract 1266 -1, Moorpark Industrial Tract) Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and M.V.S, Inc. Under Negotiation: Price and terms of payment The Council took a recess between 10:15 and 10:25 p.m. and then reconvened into closed session. Present in closed session were Councilmembers Harper, Mikos, Millhouse, Wozniak and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, Acting City Attorney; Hugh Riley, Assistant City Manager; Wayne Loftus, Director of Community Development; Ken Gilbert, Director of Public Works; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened into open session at 10:29 p.m., and Ms. Traffenstedt made an announcement in the Council Chambers that Items 13.D. and 13.F. would also be discussed in closed session. 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) F. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Hidden Creek Ranch, LP, a California Limited Partnership and Messenger Investment Company, Inc., a California Corporation vs. The City of Moorpark and City Council of the City of Moorpark (Case No. SCO23388) Minutes of the City Council Moorpark, California Page 17 February 7, 2001 The Council reconvened into closed session at 10:30 p.m. Councilmember Mikos left the meeting at 10:40 p.m., prior to the discussion of Items 13.D. and 13.F., due to a potential conflict of interest. The Council reconvened into open session at 11:00 p.m. Mr. Kueny announced that Items 13.D., 13.F., 13.G., and 13.H. were discussed in closed session, that the one case under Item 13.B. was not discussed, and that there was no action to report. 14. ADJOURNMENT: Mayor Hunter adjourned the meet/#g at 11:00 p,:m. ATTEST: D,2� S . � Deborah S. Traffens dt City Clerk trick Hinter, Mayor