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HomeMy WebLinkAboutMIN 2001 0919 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California September 19, 2001 A Regular Meeting of the City Council of the City of Moorpark was held on September 19, 2001 in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Pro Tem Harper called the meeting to order at 6:45 p.m. He announced that Mayor Hunter would be absent from the meeting until approximately 8:30 p.m. In response to Mayor Pro Tem Harper, Mr. Kueny stated that there was no action to report out of the Special Meeting Closed Session. 2. INVOCATION: Pastor Dave Wilkinson, Moorpark Presbyterian Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Councilmember John Wozniak led the Pledge of Allegiance. 4. - ROLL CALL: Present: Councilmembers Mikos, Millhouse, Wozniak, and Mayor Pro Tem Harper. Absent: Mayor Hunter (arrived at 8 :11 p.m.) Staff Present: Steven Kueny, City Manager; Hugh Riley, Assistant City Manager; Joseph Montes, City Attorney; Wayne Loftus, Director of Community Development; Ken Gilbert, Director of Public Works; Mary Lindley, Director of Community Services; Dana Shigley, Director of Administrative Services; Walter Brown, City Engineer; Captain Robert LeMay, Sheriff's Department; John Libiez, Planning Manager; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and La -Dell VanDeren, Deputy City Clerk. Minutes of the City Council Moorpark, California Page 2 September 19, 2001 5. PROCLAMATIONS AND COMMENDATIONS: A. Proclamation to Recognize Southern California Association of Governments (SLAG) Ride Share Week (October 1 - 5, 2001). Mayor Pro Tem Harper read the proclamation. Alan Holmes, Account Executive of SCAG, accepted the proclamation and discussed the purpose of Rideshare Week. B. Proclamation to Recognize October as Domestic Violence Awareness Month. Mayor Pro Tem Harper read the proclamation. Cathy Brudnicki, a Member of the Council Against Domestic Violence (Interface Volunteer), accepted the proclamation on behalf of that organization. 6. PUBLIC COMMENT: Scott Green, 33 E. High Street, addressed the Council as a Chamber of Commerce representative. He invited the community to attend a unity rally to be held on September 28 at Tierra Rejada Ranch from 5:00 - 8 :00 p.m. He explained that the purpose of the event is to provide citizens with an opportunity to volunteer for service organizations and by doing so to support the community and the country. Abdul Barakat, Moorpark resident, spoke on behalf of the Arab - American community and the many contributions that they have made to Moorpark and to Ventura County. Mayor Pro Tem Harper expressed his concern about the recent terrorist events. He stated that America is one country and that citizens must not turn against each other. Councilmember Millhouse stated his support of the United States and complimented Moorpark citizens for their support and respect for the diversity of the community. Minutes of the City Council Moorpark, California Page 3 September 19, 2001 5. PROCLAMATIONS AND COMMENDATIONS: Mayor Pro Tem Harper acknowledged that the City Manager's Monthly Report had been inadvertently overlooked and is now being presented. C. City Manager's Monthly Report In response to Mayor Pro Tem Harper, Mr. Kueny stated that the City Manager's Monthly Report will be presented by Assistant City Manager Hugh Riley. Mr. Riley gave an update on the activities of the Moorpark Redevelopment Agency, including the acquisition of the Moorpark Playhouse building located at 45 High Street by Lawrence Janss & Associates. He indicated that Janss & Associates has applied for building permits and has begun preliminary remodeling work at the site. Additionally, Mr. Riley stated that escrow closed on September 18, making the Moorpark Mobilehome Park the property of the Moorpark Redevelopment Agency. He explained that staff members will be meeting with the former property owner and the residents to ensure a smooth transition and resident relocation for the ultimate closure and redevelopment of the mobilehome park. Relative to the granary at 192 High Street, previously occupied by Foster Enterprises, Mr. Riley stated that the structure has been totally vacated and the Moorpark Redevelopment Agency has taken possession of it. He said several individuals have expressed interest in participating with the Agency for the redevelopment and future expansion of that property. As an additional item, Mr. Riley stated that preparation is underway of a Request for Qualifications to secure the services of a design architect for the planned Police Services Center to be established in the 500 block of Spring Road. Mr. Riley also explained that the property at 798 Moorpark Avenue has been acquired and is in the final stages of being remodeled. He stated that this site Minutes of the City Council Moorpark, California Page 4 September 19, 2001 will temporarily house the Moorpark Public Works Department and ultimately be redeveloped to fulfill affordable housing needs in the downtown area. Mr. Riley stated that one of the MRA's future activities is to develop a time schedule for modifications to the Redevelopment Project Plan. He explained that the purpose of those modifications will be to address further initiatives to develop affordable housing in the downtown area. He explained that a joint workshop for the Planning Commission and City Council is planned to be held on October 22nd for the purpose of discussing and reviewing the City's affordable housing policies and possible revisions to them. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mayor Pro Tem Harper indicated that staff has suggested that Items 9.A. and 9.B. be considered concurrently. He also indicated that Mayor Hunter has requested that consideration of Items 10.B., 10.D. and 10.F. be deferred until he joins the meeting. Councilmember Mikos requested that Items 11.F., 11.H., and 11.I. be pulled for individual consideration. Councilmember Millhouse requested that Item 11.D. be pulled for individual consideration. Councilmember Wozniak requested that Item 11.J. be pulled for individual consideration. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Millhouse announced the beginning of the AYSO soccer season and that of Moorpark Packer football activities. He encouraged members of the community to attend these events. Councilmember Millhouse also announced the Moorpark Chamber of Commerce benefit that Mr. Green referred to when he addressed the Council under Public Comment. He also stated that the Chamber of Commerce is sponsoring a Flag Display Banner Program for the community to express its patriotism. He encouraged that one hundred percent of the proceeds from Minutes of the City Council Moorpark, California Page 5 September 19, 2001 these benefits be dedicated to the American Red Cross and their efforts relative to the September 11th attacks. Councilmember Mikos announced that the Ventura County Commission on Human Concerns is presenting its Fourth Annual Jazz Beneath the Trees barbecue and auction on September 29th from 2:00 - 6:00 p.m. She stated that it is being held at the Broom Ranch, located at Pacific Coast Highway at Carroll Drive. She explained that proceeds from the event will benefit the homeless. Councilmember Millhouse requested a future item for the October 3rd City Council meeting agenda. He requested a status report and consideration of the possibility of securing contract assistance relative to the completion of Arroyo Vista Community Park. Mayor Pro Tem Harper announced upcoming teen activities and the Annual Country Days parade and street fair, which will be held Saturday, September 29, 2001, from 9:30 a.m. - 4:00 p.m. on High Street. Mayor Pro Tem Harper consider modification prescreening procedure potential minor effect and to make the pro, applicants. requested a future agenda item to of the General Plan Amendment relative to projects that may have on land use and development patterns less less cumbersome for potential Mayor Pro Tem Harper also requested a future agenda item providing a status report relative to the relocation of Catholic Charities and the potential relocation of the Chamber of Commerce offices to High Street. Councilmember Millhouse announced the Boys and Girls Club Golf Tournament will be October 8 at Tierra Rejada Golf Club. He encouraged the community to support this event. Minutes of the City Council Moorpark, California Page 6 September 19, 2001 9. PUBLIC HEARINGS: A. Consider Use of Supplemental Law Enforcement Services (SLES) Grant Funds for the 2001/2002 Fiscal Year. Staff Recommendation: 1) Conduct a public hearing, accept testimony regarding the Supplemental Law Enforcement Services Grant as necessary; and 2) Adopt Resolution No. 2001 -1894, amending the 2001/2002 budget to provide funding for SLES grant funds. B. Consider Use of Local Law Enforcement Block Grant (LLEBG) Funds for 2001/2002 Fiscal Year. Staff Recommendation: 1) Conduct a public hearing, accept testimony regarding the Local Law Enforcement Block Grant (LLEBG) as necessary; 2) Accept the 2001 LLEBG award and direct staff to use the grant to partially fund a new 40 -hour patrol officer in the 2001/2002 fiscal year; and 3) Adopt Resolution No. 2001 -1895 amending the 2001/2002 budget to reflect the use of the 1999,2000, and 2001 LLEBG funds. Mayor Pro Tem Harper stated that Items 9.A. and 9.B. will be considered concurrently. Dana Shigley gave the staff report for both items. Mayor Pro Tem opened the public hearings for Items 9.A. and 9.B. Ms. Traffenstedt stated that there were no speakers for these items. Mayor Pro Tem Harper closed the public hearings. There being no Council discussion, the following motions were heard. MOTION: Councilmember Mikos moved and Councilmember Wozniak seconded a motion to adopt Resolution No. 2001 -1894, amending the 2001/2002 budget to provide funding for Supplemental Law Enforcement Services grant funds. The motion carried by 4 -0 roll call vote, Mayor Hunter absent for the vote. MOTION: Councilmember Mikos moved and Councilmember Wozniak seconded a motion to: 1) accept the 2001 Local Law Enforcement Block Grant (LLEBG) award and direct staff to use the grant to Minutes of the City Council Moorpark, California Page 7 September 19, 2001 partially fund a new 40 -hour patrol officer in the 2001/2002 fiscal year; and 2) adopt Resolution No. 2001 -1895 amending the 2001/2002 budget to reflect the use of the 1999,2000, and 2001 LLEBG funds. The motion carried by 4 -0 roll call vote, Mayor Hunter absent for the vote. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider County of Ventura's Moorpark Road Realignment Project. (Continued from September 5, 2001.) Staff Recommendation: Direct staff as deemed appropriate. Ken Gilbert gave the staff report. In response to Mayor Pro Tem Harper, Mr. Gilbert confirmed that the raised medians will be 6 -inch or higher and that the curb noses will be painted yellow. In addition, Mr. Gilbert stated that a lane delineator will be painted for standard traffic safety. He stated that raised painted markers could be placed on the medians to further enhance their visibility at night. Mayor Pro Tem Harper stated that additional markings would be helpful. In response to Mayor Pro Tem Harper, Ms. Traffenstedt stated that Butch Britt from the County of Ventura has indicated that he is available to answer questions relative to this item. Councilmember Mikos concurred that the additional reflective markers are necessary to ensure that the medians are visible to motorists at night. In response to Councilmember Mikos, Mr. Britt confirmed that the raised median does not extend the entire length of the striping as shown on stamped page 12 of the staff report. He stated that only the triangular area is the raised portion of the median. Councilmember Millhouse stated that the use of Dots dots to emphasize the turning traffic patterns should be included in the final design. Minutes of the City Council Moorpark, California Page 8 September 19, 2001 Mr. Gilbert explained that the drawing presents the use of the dots on the left side of the turning vehicle, which is the typical placement of them. He suggested that this decision be reviewed by the traffic engineer for the best solution and to determine whether the dots should be used on the left or the right hand side of the turning vehicle. Mayor Pro Tem Harper expressed concern that on the southbound and the northbound left turn lanes opposing traffic has only a stripe between them. He indicated that he would like to see the limit line moved back farther if it does not present a line of sight problem. Mr. Gilbert stated that that raised painted markers would guide the left- turning vehicles to the proper location. Councilmember Millhouse stated that he agrees with Mayor Pro Tem Harpers concern because to the extent that the limit line is backed up even if traffic feeds correctly, it is physically impossible for a motorist turning left onto the new Moorpark Road to impact in front of the other vehicle. Mr. Gilbert said that this will be reviewed in the design development phase of the alignment of the intersection. Mr. Montes clarified that the Councils action should include reference to the fact that this is in response to an appeal by the County of Ventura from City staff's denial. He stated that with respect to the appeal, this is the action that the Council is taking. MOTION: Councilmember Millhouse moved and Councilmember Wozniak seconded a motion for adoption of the design of Exhibit 1 as provided in the staff report and directed staff to: 1) review the placement of Bots dots to channel the right- turning traffic and the accompanying striping; 2) review the backing up of the limit line for the northbound and southbound left -turn lanes; 3) issue the encroachment permit upon that particular design; 4) upon completion of the design by the City Engineer and the County of Ventura, bring the design back to the Council for review and final approval for the purpose of establishing design Minutes of the City Council Moorpark, California Page 9 September 19, 2001 immunity; 5) direct that this action be recognized as a response to the County of Ventura's appeal. The motion carried by 3 -1 voice vote, Mayor Pro Tem Harper dissenting and Mayor Hunter absent for the vote. C. Consider Pre - Qualification of Bidders for Major Construction Projects. Staff Recommendation: 1) Direct staff to prepare and present to the City Council, an amendment to the Engineering Policies and Standards adopting policies and procedures for the Pre - Qualification of Bidders, said program to be based on the program promulgated by the State Department of Industrial Relations; and 2) Direct staff to include, unless otherwise directed by the City Manager, in the contract documents and bidding procedures used for any future construction project in excess of $1,000,000, appropriate requirements for the pre - qualification of prospective bidders. Mr. Gilbert gave the staff report. Mayor Pro Tem Harper asked if the threshold for projects that qualify for this pre- screening of applicants should be lowered from $1,000,000 to $500,000. He noted that the City does not often have projects that are in the one million dollar cost category. In response to Mayor Pro Tem Harper, Mr. Gilbert explained that the process is very complex even to the extent of the City potentially being required to hire a consultant to assist in the process. He stated that the process adds major cost to a project. He stated that it is the large projects that pose more opportunity due to their complexity for problems to arise with a questionable contractor than with a less complex project. Mayor Pro Tem Harper questioned that if a contractor is deemed to be excluded from one project as a result of this pre- screening process, can they then apply to bid on another City project, or can they be excluded for a period of time from bidding on City projects. Mr. Gilbert stated that the law is established such that the City can do one of two things. Mr. Gilbert Minutes of the City Council Moorpark, California Page 10 September 19, 2001 continued by stating that the first allowable process is for the City to conduct an annual qualification process and any bidder that would ultimately qualify for any project or any category of a project in the next year over a million dollars could satisfy those requirements. He explained that, if a potential bidder is not qualified one year during the annual review, they could feasibly resubmit an application the next year to bid on projects that exceed the million dollar threshold. He then stated that the second possibility is that the City can establish a project- specific pre - qualification process which is the alternative that staff is recommending. He stated that within this second alternative, when the City is aware of a project of a certain level and expertise, a pre - qualification process would be developed that would precede the bid opening. He explained that under the second described process, if a contractor was not qualified, they could perceivably bid on a future million dollar project within the same year. In response to Mayor Pro Tem Harper, Mr. Gilbert explained that the benefit of establishing a project - specific pre - qualification process is that the questionnaire would be tailored to a specific project. Mr. Gilbert stated that if the Council provided direction at any time to modify the policy to adopt the annual qualification process that could be implemented as the program allows. In response to Councilmember Mikos, Mr. Gilbert stated that upon the adoption of an annual qualification process for projects of $1,000,000 or more, it would not eliminate a potential bidder who was not on the list from bidding on projects that were less than that amount. In response to Councilmember Mikos, Mr. Gilbert stated that he has received some examples from other cities, but no extensive research has been done. He stated that there is not a lot of historical experience yet since the law was adopted in 1999 and the program was just implemented in 2000. In response to Mayor Pro Tem Harper, Ms. Traffenstedt stated that there are no speakers for this item. Minutes of the City Council Moorpark, California Page 11 September 19, 2001 MOTION: Councilmember Wozniak moved and Councilmember Millhouse seconded a motion to: 1) direct staff to prepare and present to the City Council an amendment to the Engineering Policies and Standards adopting policies and procedures for the Pre - Qualification of Bidders, said program to be based on the program promulgated by the State Department of Industrial Relations; and 2) direct staff to include, unless otherwise directed by the City Manager, in the contract documents and bidding procedures used for any future construction project in excess of $1,000,000, appropriate requirements for the pre - qualification of prospective bidders. The motion carried by 4 -0 voice vote, Mayor Hunter absent for the vote. E. Consider Proposed Modifications to Aggregate Minin Operations in Unincorporated Ventura County for Grimes Rock (CUP 4874), Best Rock Products (CUP 4171); and Wayne J. Sand and Gravel (CUP 4571); County of Ventura. Staff Recommendation: 1) Direct the City Engineer to review and comment on the traffic report; and 2) have staff prepare comments expressing opposition to the proposed modification and present conditions for inclusion to the modification approvals. Wayne Loftus gave the staff report. He stated that the County has extended the comment time period to October 5, 2001. Councilmember Wozniak expressed concerns about some inconsistencies in the staff report relative to Grimes Rock's trips per day. He stated that the table on stamped page No. 104 reflects a proposed total of 300 trips per day, but the proposed Major Modification figure on stamped page No. 103 is 460 trips per day. In response to Councilmember Wozniak, Mr. Loftus stated that staff will verify the total trips as it may be an error in the table. In response to Councilmember Mikos, Mr. Loftus acknowledged that it is a possibility that not all of the trucks of the increased activity at these sites will be traversing Walnut Canyon Road, but that the increase in activity is significant enough to cause Minutes of the City Council Moorpark, California Page 12 September 19, 2001 concern by City staff about redirected truck traffic on Walnut Canyon Road. Councilmember Wozniak explained that the proposed operations are being increased from the hours of 6 a.m. to dusk to 24 -hour operations and he stated that this increase in operational hours requires review relative to the overall impact. He also expressed concern and stated that their proposal for Saturday operations and for 24 -hour operation is unacceptable. He stated that the citizens of Moorpark should not pay the price for the expansion of this project. Councilmember Wozniak also stated that the City of Moorpark has conditioned Toll Brothers, as an approved developer within this geographical area, to perform major construction at the intersection of State Route 118 and Grimes Canyon Road. He explained that the City must ask the County to review Grimes Canyon Road as an alternative route for these trucks, and also to emphasize to the County of Ventura that the Saturday truck operation schedule is unacceptable to the City of Moorpark. Councilmember Mikos stated support for those concerns as expressed by Councilmember Wozniak and stated that the County of Ventura should require mitigation of these traffic concerns. She also stated that City personnel must have a personal presence at these hearings to present the City's posture relative to this item. Councilmember Millhouse requested an agenda item that requires the consideration of a letter being composed to the County of Ventura relative to this item, with the letter to be reviewed by the City Attorney to ensure comments are appropriate and to include that the truck trips will be conducted on the "off- hours" and not traverse the roads during the peak traffic times. In response to Mayor Pro Tem Harper's question relative to whether the traffic generation numbers provided in Table 1 (stamped page 104) are the actual number of truck trips, Mr. Loftus stated that those numbers are representative of the actual number of Minutes of the City Council Moorpark, California Page 13 September 19, 2001 proposed truck trips. He stated that the question is if a truck trip should be considered the same as an auto trip relative to size and weight on the streets and the impacts to the community. Mr. Loftus explained that one of the issues is that the City is doing its part to improve Walnut Canyon Road by conditioning developers, such as Toll Brothers, Sun Cal, West Pointe, and Morrison, to construct and fund improvements, and that the County appears to be taking advantage of these improvements by allowing the channeling of more heavy traffic on Walnut Canyon Road without regard to the consequences. Mayor Pro Tem Harper requested clarification as to the County of Ventura's rationale for restricting access by heavy truck traffic to Grimes Canyon Road. Mr. Loftus responded that reasons previously given by the County are that: 1) Grimes Canyon Road is a narrow and twisted roadway; 2) that the intersection with State Route (SR) 118 is not configured in such a way to allow for a large truck to make a left turn without difficulty; and 3) there is no traffic control at the intersection of SR -118 and Grimes Canyon Road making it dangerous for such eastbound turns to be made by a large truck, although there are improvements proposed for that intersection which would make that argument irrelevant at some point in time. He stated that the City's reasons for the truck traffic not traversing Walnut Canyon Road include impacts to sensitive receptors such as two schools, the library, the Senior Center, City Hall, a commercial district and a residential area. He stated that the City's reasons for not channeling the mining truck traffic onto Walnut Canyon Road seem more compelling than the reasons cited by the County of Ventura for not using Grimes Canyon Road for the truck traffic. Mr. Loftus recommended that this is an item to be included in the letter that will be sent to the County. Councilmember Millhouse stated that Grimes Canyon Road should be the preferred route for the mining truck traffic since it is a rural route. He continued by stating that the purpose of the improvements to Walnut Canyon Road /Moorpark Avenue is not to invite or allow additional truck traffic. Minutes of the City Council Moorpark, California Page 14 September 19, 2001 Councilmember Mikos stated that staff should ascertain how many truck trips there are from other companies historically in addition to Grimes Rock, Best Rock Products and Wayne Jones Sand and Gravel to allow the Council to address the cumulative truck traffic and have specific information to effectively present its arguments to the County. She suggested that staff review the issue that existed previously when Transit Mix truck traffic was a contentious item with the City of Moorpark. Councilmember Mikos also stated that this traffic issue should be subject to the reciprocal traffic mitigation agreement with the County if it adopted by the Council, otherwise the County is not responsible for any cost or consequences of their actions in this regard. In response to Mayor Pro Tem Harper, Ms. Traffenstedt stated that there are no speaker cards for this item. There being no further Council discussion, the following motion was heard. MOTION: Councilmember Millhouse moved and Councilmember Wozniak seconded a motion to: 1) direct the City Engineer to review and comment on the traffic report; 2) direct staff to prepare comments expressing opposition to the proposed modification and present conditions for inclusion to the modification approvals based upon the City Council comments and direction provided; 3) direct staff to prepare a letter to the County of Ventura including these comments for the Council's review at the October 3, 2001 meeting after review and approval by the City Attorney; and 4) direct staff to attend the noticed hearing before the Board of Supervisors when this item is considered by that body. The motion carried by 4 -0 voice vote, Mayor Hunter absent for the vote. Mayor Pro Tem Harper stated that the City Council should consider addressing its concerns relative to County matters to officials extending beyond the District 4 County Supervisor's office. AT THIS POINT in the meeting, Mayor Hunter arrived. The time was 8:11 p.m. Minutes of the City Council Moorpark, California Page 15 September 19, 2001 B. Consider Teen Council Appointments. Staff Recommendation: Waive appointment recruitment policy to allow use of prior recruitment applications and make one appointment to the Teen Council for a term to end on June 30, 2002. Ms. Traffenstedt gave the staff report. MOTION: Mayor Pro Tem Harper moved and Councilmember Wozniak seconded a motion to waive the Council's appointment recruitment policy to allow use of prior recruitment applications to make one appointment to the Teen Council for a term to end 6/30/02. The motion carried by unanimous voice vote. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no public speakers for this item. MOTION: Mayor Hunter moved and Councilmember Harper seconded the nomination of Elizabeth Saidkhanian to the Teen Council for a term to end June 30, 2002. The motion carried by unanimous voice vote. D. Consider Reciprocal Traffic Mitigation Agreement. Staff Recommendation: Approve the subject Agreement, subject to final language approval by the City Manager and City Attorney, and authorize the Mayor to execute said document. Ken Gilbert gave the staff report. He stated that staff is recommending the deletion of the language precluding the challenge of projects, Section I -E and II -E of the Agreement, stating that each party would not challenge a project which had been approved by the other; also that the language may be deleted from the final draft agreement between the County and the City of Moorpark that each party could preserve its right to challenge any land use entitlement decision made by the other party. In response to Mayor Hunter, Mr. Gilbert responded that this agreement is being considered by other cities and the Board of Supervisors in the near future. He stated that the methodologies and the formulas are consistent, but the fees are of different valuation between each city within the County and are Minutes of the City Council Moorpark, California Page 16 September 19, 2001 based upon the valuation within that zone and are approved by that jurisdiction. In response to Mayor Hunter, Mr. Kueny agreed that the City will consider the removal of Sections IE and IIE from the pending agreement. Councilmember Millhouse requested deletion of the language in Section IE and IIE. In response to Councilmember Mikos regarding how the deletion of Sections IE and IIE affect approved projects, Mr. Gilbert stated that once a project has vested rights an entity does not revert and try to extract more fees from that project. In response to Councilmember Mikos, Mr. Kueny identified previously approved projects that would be exempt such as the industrial and commercial portions of the Carlsberg Specific Plan. Mr. Gilbert stated that every project that would travel on state roads or County roads would not pay a fee to the City. He stated that every project in Zone 14 would pay a fee to the City regardless if they have truck routes that attempt to have trucks off the city's roads. He suggested that an item to be added to the letter to the County of Ventura is that regardless of when the reciprocal agreement is adopted that the fees apply to that project, because once it has vested rights, then they would not have to pay that fee. Councilmember Mikos emphasized that the payment of the fees to the City upon adoption of the reciprocal agreement with the County of Ventura should be an item in the letter to the County as part of addressing the entire traffic issue. In response to Mayor Pro Tem Harper, City Attorney Joseph Montes stated that the issue of annexation relative to this agreement is that once the property became part of the City then, if the project went forward, the City would collect the appropriate mitigation fees and forward them on to the County. Minutes of the City Council Moorpark, California Page 17 September 19, 2001 Mr. Kueny stated that the fee would be conditioned at the time of entitlement when the vesting tentative tract map was considered. Mayor Pro Tem Harper stated that he wants the understanding that the vesting tract map is an entitlement and not an annexation with this agreement. Mr. Montes stated that this clarification can be made a part of the Council action relative to this item. Ms. Traffenstedt stated that there were no speakers for this item. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to: 1) approve the Agreement, subject to final language approval by the City Manager and City Attorney, and authorize the Mayor to execute said document; 2) to delete the Sections I -E and II -E of the final draft Agreement stating that each party would not challenge a project which had been approved by the other; and 3) to support the understanding that the vesting tract map is an entitlement and not an annexation under the terms of this agreement. The motion carried by unanimous voice vote. F. Consider Report on Proposed Development for Former Specific Plan No. 8 /Hidden Creek (now named North Park). Staff Recommendation: Direct staff as deemed appropriate. CONSENSUS: By consensus, the Council determined to waive their rules of procedure to allow the applicant an extension of the three - minute public presentation time period for his presentation to the Council. Kim Kilkenny, Village Development Offices, 350 W. Ash Street, San Diego, the applicant for the proposed North Park Plan, gave a presentation on the North Park Nature Preserve and Village Plan conceptual land uses. Mr. Kilkenny included in his presentation the reasons why and how the project has been redesigned from the previous Specific Plan 8, the Hidden Creek Ranch Project, to the present conceptual plan. He stated the following proposed specific components of the developer's conceptual plan as being: 1) 2,616 acres of proposed open space (70% of the planning area Minutes of the City Council Moorpark, California Page 18 September 19, 2001 is proposed to be Open Space); 2) traffic relief - the applicant is proposing construction of a new freeway off ramp and a new arterial street to Moorpark College providing a second access to the College to alleviate traffic congestion that currently exists; 3) the proposed plan avoids all impacts on agricultural land; 4) the creation of a youth sports complex (30 acres dedicated to youth sports) to include a gymnasium, basketball courts, seven little league sized baseball fields, tennis courts, and tot lots would be for City use but not maintained at City expense; 5) creation of a 55 -acre recreation lake that would be privately maintained, but would be open to Moorpark residents for recreational uses; 6) to deal with the City's concern relative to the fiscal impact of new development, by proposing that each home would pay a developer fee of $4,800; additionally, a fiscal impact analysis would be performed as a condition of the approval of the first subdivision map and if that analysis documents that there is an operating shortfall on the part of the City, the developer would be required to establish an endowment fund to solve that through the payment of additional fees; 7) a reduction from the previously proposed 3,200 homes to 1,500 single - family detached homes. Mr. Kilkenny stated that the developer agrees to pay the fees that appeared in the previous Development Agreement as being: park improvement fees, development fees, community service fees, library fees, air quality fees, city -wide traffic fees, but that agreement would have to be reached for payment of police fees, fire protection fees (including dedicating a two -acre site for a fire station site), pay its fair share for intersection improvements, and provide park improvements well in excess of the local Quimby Act requirements. Mr. Kilkenny stated that the developer would have to reserve 12 acres for a school site and identify a site for expansion for Moorpark Community College for parking and to allow for the creation of a satellite high school to relieve overcrowding at the present facilities. Additionally, Mr. Kilkenny stated the developer would agree to pay mandated school fees as established by State law. Minutes of the City Council Moorpark, California Page 19 September 19, 2001 Mr. Kilkenny addressed a concern that the actual project approved might be modified to cause greater impact on the community than the original proposed project. He stated that the developer has put safeguards in the proposal as follows: 1) any effort to increase the number of homes would have to be voter approved; 2) any effort to decrease the size of the nature preserve or the other Open Space would have to be voter approved; and 3) any effort to decrease the size of the buffers in the plan would have to be voter approved. He stated that concerns have been raised about environmental review relative to the fact that the developer is electing to go through the initiative process. He stated that a certified EIR has been done that reviews the whole of the property and that information is available to the public. He also stated it is important to note that any future subdivision approvals and any future annexations will require additional environmental review. In response to Mayor Hunter, Mr. Kilkenny explained that the developer has elected to use the initiative process as opposed to the more traditional route of proposing their plan to the Council, because they believe the public is the ultimate approver of any proposed plan and the developer wants to find out if the public approves of their proposal without them spending all of the preliminary resources by going the more traditional route. Mayor Hunter stated that in the previous proposal for this land the Environmental Impact Report had cited nine unavoidable environmental impacts. He asked Mr. Kilkenny what if any of those nine items have been removed with the plan currently being formulated. Mr. Kilkenny indicated that traffic impact would be reduced significantly, agricultural land impact would be eliminated, impact on the vernal pool previously identified would be eliminated, and viewshed and grading impacts have been reduced. In response to Mayor Hunter, Mr. Kilkenny stated that the developer has not yet considered how the proposed Minutes of the City Council Moorpark, California Page 20 September 19, 2001 plan would comply with the City's Hillside Ordinance, but upon analysis that information would be made available to the City Council and to the public. Mayor Hunter requested clarification relative to the traffic circulation in the area of Moorpark College. He stated that he understands the modifications and creation of a new intersection may pose additional traffic problems and that nearby residents would have to enter the freeway to go a short distance to the Moorpark College campus. Mr. Kilkenny acknowledged this was an issue that required further evaluation. Mayor Hunter explained that under the Hidden Creek Ranch agreement, the City would have received 3.90 of the 1% property tax fund from the County and that a one -time, per lot fee was proposed to offset that diminished funding from the County. He asked Mr. Kilkenny what Village Development would propose to offset the property tax impact. Mr. Kilkenny stated that the property tax allocation is out of their control, but that the developer would conduct a fiscal impact analysis to ensure that the City is made financially whole by the developer's payment of additional fees if necessary. He stated that the developer would perform an annual fiscal analysis during the term of the buildout of the project and, if it was determined that the City was not fiscally whole, then the developer would be required to make up any shortfall. In response to Mayor Hunter, Mr. Kilkenny stated that the youth sports facility complex would be maintained through assessment district funding or other property based revenue system. He stated that the construction would be the obligation of the developer, assuming the City agreed with that arrangement, and the maintenance would be the obligation of the future property owners. Additionally, in response to Mayor Hunter, Mr. Kilkenny stated that the property is owned and continues to be owned by Messenger Investment Corporation. He stated that there are lenders on the Minutes of the City Council Moorpark, California Page 21 September 19, 2001 property one of those being Village Development. He explained that the lenders have agreed to assume management of the property. In response to Mayor Pro Tem Harper's question relative to the management of the proposed open space, Mr. Kilkenny stated that the property owner would be obligated to convey ownership of the Nature Preserve to a third party owner /manager with City concurrence. He stated that at the time of that conveyance, the City of Moorpark would receive an open space easement to ensure that the land was not sold by the management entity. Mayor Pro Tem Harper discussed the dedication of land versus the reservation of land for a satellite high school. He asked if this could be made part of the document that is submitted to the voters during the initiative process. Mr. Kilkenny stated that the developer will meet with the School District to resolve the issue of reservation versus dedication of the land for both the high school and the other school site. Mr. Harper asked if the recreational lake could be added to the list of items that could not be modified without voter approval. He expressed concern that otherwise it might be eliminated or downsized from the property. Mr. Kilkenny agreed that it can be added to that list of items for voter approval, with the caveat that the developer has concerns that they may not be able to gain State and Federal environmental permits for the creation of the lake. He stated that the intent is to guarantee due diligence on the part of the developer in procuring the permits to build the lake. Mayor Pro Tem Harper asked if a detailed phasing plan has been considered. Mr. Kilkenny stated that in two instances a phasing plan has been considered. The first is relative to the Nature Preserve, since that is the monumental component of the plan, the developer has indicated Minutes of the City Council Moorpark, California Page 22 September 19, 2001 that there be an irrevocable open space easement to the City or to the third party management entity, upon approval of the first subdivision map; and the second is relative to the construction of the State Route 118 intersection and the connecting road. He stated that the developer is proposing a two faceted guarantee: 1) Upon approval of the initial building permit, the property owner would have to guarantee through the creation of a community facility district that the funding would be available to complete that construction; and 2) no more than 500 homes could be permitted without the freeway interchange being completed. Mayor Pro Tem Harper stated that an addendum to the current EIR should be presented to the voters relative to the modifications that are being proposed to the plan. Councilmember Millhouse requested a description of the plan for the open space greenbelt separation between the cities of Moorpark and Simi Valley. Mr. Kilkenny explained that the Nature Preserve Open Space proposed for this greenbelt separation does not allow any development, but is strictly to accommodate trails, environmental rehabilitation, and similar activity. He indicated that the Nature Preserve on the east end is approximately one - quarter mile wide and that the buffer between existing lots and proposed lots is stated in the initiative as being 500 feet minimum. He emphasized that the stated buffer is between lots and not homes necessarily. In response to Councilmember Millhouse, Mr. Kilkenny stated that five of the proposed little league fields would be regulation size and two of them would be the size to accommodate T -ball. Mr. Kilkenny clarified that the proposed gymnasium would be comparable in size to that of the Arroyo Vista Community Park gymnasium. He was unable to confirm that the proposed size includes the comparable space to include a recreation center as well. He stated that the basketball courts and tennis courts would be standard size. Minutes of the City Council Moorpark, California Page 23 September 19, 2001 Councilmember Millhouse expressed concern relative to the traffic congestion in the area and stated that all consideration to reduce it should be given to the residents in the area. In response to Councilmember Millhouse, Mr. Kilkenny described the overall plan as having 1,500 homes located on 770 acres, which is approximately two homes per acre. He stated that the initiative language requires that the minimum lot size would be approximately 7,000 square feet. He stated that the project would be a somewhat higher -end community that is oriented toward youth and toward the lake amenity. Mr. Kilkenny described the proposed architectural style as being an agrarian, mission style. Councilmember Millhouse stated that it would be beneficial to be able to compare this proposed project to another one in the area with similar characteristics. Mr. Kilkenny stated that they will bring back a comparison of the lake size to one in the vicinity once that can be determined. Mayor Pro Tem Harper offered that 55 acres would be comparable to approximately 90% of the land mass surface area of Arroyo Vista Community Park. Councilmember Wozniak emphasized for the benefit of the public awareness that the property being discussed is the same property that was previously proposed as the Hidden Creek Ranch project. Councilmember Wozniak requested that language be included in the initiative that explains to the voters the former Hidden Creek Ranch project and to make it clear in the measure that the fees are being passed from the City to the developer for the construction of the freeway interchange. He also stated if the initiative is included on the ballot, a copy of the specific initiative language should be provided to every voter for their review prior to the election. Minutes of the City Council Moorpark, California Page 24 September 19, 2001 Mr. Kilkenny stated initiative language can be drafted to include the history of the property and make reference to it being the former Hidden Creek Ranch project. He continued by stating that it will be made clear in the measure that the fees are being passed from the City to the developer for the construction of the freeway interchange. Thirdly, Mr. Kilkenny stated that it is the developer's intent to provide every voter with a copy of the initiative language and graphics for their review. In response to Councilmember Mikos, Mr. Kilkenny responded that the total acreage of the revised plan is 3,538 acres. Councilmember Mikos expressed concern that the original project of 3,221 homes was proposed for an area of 4,100 acres and that this project of 1,500 homes is proposed for an area of 3,538 acres. She stated that this could be misleading to the voters since the number of homes has been reduced by half, but the acreage has been reduced as well. She stated that the public will be wary of what will happen on the remainder of that property. Councilmember Mikos also stated that one way the developer could exercise their due diligence is to follow the traditional method of proposing to the City first for approval of the project and then let the voters decide on the project as an item on the ballot. She clarified that the environmental review would be complete during the process and those concerns would be addressed. Councilmember Mikos expressed concern relative to a set of home building sites on the eastern end of the proposed project that had previously been identified by the resource protection agencies as requiring protection and maintenance in a natural state. She clarified that if the project was approved in initiative form and the Council's required environmental review later revealed that an area could not be developed, it would cause great concern over what situation would result from those circumstances and the location of the displaced building sites. She said the way to avoid this situation is to drop all Minutes of the City Council Moorpark, California Page 25 September 19, 2001 pending litigation against the City, let the environmental review be accomplished, and then allow the project to proceed to the ballot. She expressed concern about the water supply for the entire project including the lake. In response to Councilmember Mikos, Mr. Kilkenny stated that the developer does not perceive their ballot measure timing as being rushed. He stated that this project has been in the planning process for over 12 years and that sufficient information is available for it to be considered by the voters. Councilmember Mikos stated her concern with the process of going forward with the ballot measure. She asked how long the lenders have been involved with the project. In response to Councilmember Mikos, Mr. Kilkenny responded that the lenders have been involved since the property was acquired over 12 years ago. Mayor Hunter asked Mr. Kilkenny if he is aware that the owners of this property owe the City of Moorpark in excess of $150,000. Mr. Kilkenny stated he's aware of a condition in the previous Development Agreement where the applicant of the prior project agreed to pay the City equivalent to that, but he stated that the Development Agreement was repealed by the voters. He stated that with that repeal any obligation to pay those fees and any benefit received by the General Plan Update expired. Mr. Kilkenny continued by stating that the developer is willing to pay that amount when this matter is placed on the ballot regardless of whether or not it is passed by the voters. Mayor Hunter expressed concern that adequate information will not be made available to the public prior to them being asked to sign a petition to place this item on the ballot. Mayor Pro Tem Harper stated that there are other fees owed relative to previous actions. He stated that there is property tax owed to the County of Ventura Minutes of the City Council Moorpark, California Page 26 September 19, 2001 and additional fees still outstanding to the attorneys who prevailed in the legal actions. He asked if a global settlement is being formulated to address the issue of outstanding obligations. Mr. Kilkenny responded that the entire litigation issue is currently being evaluated. He stated that he is not aware of the property tax issue, but will provide the information to the Council. In response to Mayor Pro Tem Harper, Mr. Kilkenny confirmed that former State Senator Alan Robbins, one of the original lenders, continues to have a lending interest on the property. In response to Councilmember Millhouse, Mr. Kilkenny confirmed that the outstanding Development Agreement fees due to the City would be paid within 24 hours of the measure being placed on the election ballot. Mr. Kilkenny responded to Councilmember Mikos' question relative to the lenders who have interest in the subject property. He stated that they are the Messenger family, Mr. Baldwin, Alan Robbins, and Curci Investments, LLC. Mr. Kilkenny concluded his presentation and thanked the Council for their time and consideration. Richard Francis, addressed the Council as a representative of SOAR (Save our Open Space and Agricultural Resources), 711 South A Street, Oxnard. He stated that he attended the LAFCO (Local Agency Formation Commission) meeting today and they rescinded the annexation of the Hidden Creek Ranch property. Mr. Francis explained the role of SOAR in the process of development reviews. He urged Village Development to reconsider the initiative process that they are pursuing and to allow the traditional process of City Council review to occur. In response to Councilmember Millhouse, Mr. Francis stated that SOAR does not address the initiative process. He clarified that SOAR was passed to provide an additional step in the public approval of the Minutes of the City Council Moorpark, California Page 27 September 19, 2001 development of lands in each City within the County that adopted it. Councilmember Harper expressed his concern relative to the use of the initiative process by the developer. He asked Mr. Francis if he foresees this process being precluded by any legal requirements or limitations of SOAR. Mr. Francis responded that he does not foresee the process being precluded by SOAR He stated that the initiative process is a constitutional guarantee in the State of California. He confirmed there is nothing that SOAR can do to enhance or preclude the initiative process, since SOAR is a local measure in each City that adopted it. Mayor Pro Tem Harper asked Mr. Francis if the developer's initiative process would fulfill the requirements of the SOAR vote if constructed correctly. Mr. Francis stated that he cannot confirm whether the process fully complies to SOAR. Kenneth Moss, addressed the Council as a Moorpark business owner. Mr. Moss spoke in support of the proposed project. He stated that he is not a paid consultant for this project. Mayor Pro Tem Harper stated that although no Council action is required at this time, the Council could authorize staff to perform a cursory analysis for fatal flaws of the proposed ballot measure of issues that the Council may need to act upon in the future and provide recommendation to make these known to the public; and authorize staff to determine what the City's involvement is with a company that owes the City substantial back fees. He stated that giving no information to the public is shying away from the responsibility that the Council has to the public. Councilmember Mikos stated that until the developer formally submits the initiative documents to the City Clerk, it remains unknown to the City Council what comprises the proposed project. She stated that to Minutes of the City Council Moorpark, California Page 28 September 19, 2001 direct staff to explore this analysis is premature until the developer presents the initiative documents to the City Clerk. Councilmember Millhouse requested a timing and priority review explanation from staff relative to the City's priorities and how this project fits into that timeframe. Mr. Kueny addressed the City's concerns as follows: 1) the City objects to the developer pursuing the initiative process because of the legal process and unstated facts given to the public and for additional reasons stated by the Council; 2) the safeguards in the proposed agreements are unilaterally offered and the public expects that the Council will put them into the development agreement or one that would put it to a vote to provide public response; 3) relative to the timing, Mr. Kueny stated that the developer politically desires to communicate with the present City Council because it's a known entity; 4) relative to the process being of such long duration, Mr. Kueny offered that the extended process in the past was due to unpaid bills and the delay in providing information on the part of the past developer. Mr. Kueny offered that the traditional process for approval of this project could be outlined as being considered by the Council as late as October 2002 and have an election January 14, 2003. Mr. Kueny stated that this would allow adequate time to allow sufficient EIR review and meet and answer the Council's and public's questions. Mr. Kueny stated that the base EIR document may be reusable, but the eastern portion of the site does not have the same level of environmental analysis of the property that was done prior to this project. Mr. Kueny also stated that the safeguard for the developer is that anytime the developer is dissatisfied with the progress on the City side then he can pay whatever he is going to pay and have its initiative qualified for a ballot. Mr. Kueny explained that such potential action keeps the City working toward the proposed schedule and process. Minutes of the City Council Moorpark, California Page 29 September 19, 2001 Councilmember Mikos stated that Mr. Kueny's suggestion is reasonable in terms of trying to go through the process and in accommodating the applicant's timeline. At the request of Mayor Hunter, Mr. Kilkenney returned to the podium to address the Council. He stated that he did not anticipate the questions relative to the difference in the process. He stated that he will consult with the City Manager further relative to responses to the questions posed this evening. CONSENSUS: By consensus, the Council determined to continue this item to the regular City Council meeting of October 5, 2001. AT THIS POINT in the meeting the Council took a recess. The time was 10:08 p.m. The Council reconvened into open session at 10:28 p.m. Relative to Item 10.C., the Consideration of the Pre - Qualification of Bidders for Major Constructions Projects, Councilmember Millhouse requested reconsideration of this item due to information that was not apparent to the Council for their action at the initial consideration. Mayor Hunter requested that if reconsidered, the Council remove the language of No. 2 of the staff recommendation which states "to direct staff to include unless otherwise directed by the City Manager in the contract for bidding for the pre - qualification of prospective bidders" and revise it to read "direct staff to include in the contract documents in the bidding procedures used for any future construction projects in excess of $1,000,000 appropriate requirements for prospective bidders." MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion for reconsideration of the vote for Item 10.0 with the above stated amendment. The motion passed by unanimous voice vote. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion for approval of the staff recommendation for Item 10.C. with the amendment of No. 2 of the staff recommendation to read as follows: To direct staff to include in the contract documents in the bidding procedures used for any Minutes of the City Council Moorpark, California Page 30 September 19, 2001 future construction projects in excess of $1,000,000 appropriate requirements for prospective bidders. The motion passed by unanimous voice vote. 11. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to approve the Consent Calendar, with the exception of Items 11.D., 11.F, 11.H., 11.I, and 11.J. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Special Joint Meeting of City Council and Parks and Recreation Commissioners of May 24, 2001. Consider Approval of Minutes of Regular Meeting of June 20, 2001. Consider Approval of Minutes of Special Meeting of August 29, 2001. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register for the 2000- 2001 Fiscal Year - September 19, 2001. Manual Warrants Voided Warrant Payroll Liability Warrants 107010- 107012 $25,055.08 107092 $ - 0 - 107015 - 107110 $ 15601.45 Regular Warrants 107024 - 107110 $219555.79 Staff Recommendation: Approve the warrant register. C. Consider Award of Bid for the Battery Back -Up System (BBS) for City -Owned Signals. Staff Recommendation: 1) Approve the project plans and specifications for purposes set forth in section F. of the agenda report; and; 2) Award a contract to TDS Engineering in the amount of $55,996.00 Minutes of the City Council Moorpark, California Page 31 September 19, 2001 E. Consider Authorizing the Mayor to Sign Amended Tract Map 5004. Staff Recommendation: 1) Direct the City Engineer to certify the amended Final Map; 2) Authorize the Mayor to execute the "Mayor's Acknowledgement of Correction of City Council's Certificate" and "Consent of Fee Owner(s) of Property Affected" statements, and 3) authorize recordation of the amended Final Map for Tract 5004. G. Consider Resolution Adopting New Water Well Rates Pursuant to Ordinance No. 270. Staff Recommendation: Adopt Resolution No. 2001 -1896 revising fees for wells and rescinding Resolution No. 2001 -1809. The following items were pulled for individual consideration: D. Consider Park Improvement Project Status Report. Staff Recommendation: Receive and file the report. Councilmember Millhouse requested that this item be pulled for individual consideration to request a brief update from the Director of Community Services of the projects within the City. In response to Councilmember Millhouse, Ms. Lindley provided an update of the park improvements. She indicated that the City is moving forward with the City aquatics facility, and the restroom /concession facility at Arroyo Vista Community Park. She confirmed that the scheduled completion date for the aquatics facility is June 2003. F. Consider Resolution Establishing Miscellaneous City Fees and Charges and Procedures for Annual Review and Rescinding Resolution No. 98 -1506. Staff Recommendation: Adopt Resolution No. 2001- Councilmember Mikos requested that this item be pulled for individual consideration because she stated that the charge of 25 cents per page for reproduction of public documents is excessive. Ms. Traffenstedt stated that staff is making every effort to alleviate this cost to the public with more convenience, but also with less cost. She stated that Minutes of the City Council Moorpark, California Page 32 September 19, 2001 the cost per page of reproduction had not been increased in years. CONSENSUS: By consensus, the Council determined to take this item off calendar and for Councilmember Mikos to consult with staff relative to city fees /costs for reproduction charges. H. Consider Acceptance of Oak Tree Preservation Measures as a Substitute for Additional Landscaping to Satisfy Provisions of the Tre Preservation Ordinance for Kavlico Industries Parking Lot Expansion at 14501 Los Angeles Avenue (APN 513 -0- 010 -25) (Minor Mod No. 3 to Development Plan No. 318). Staff Recommendation: Approve the substitution of oak tree preservation measures described in the agenda report as satisfying Ordinance requirements for enhanced landscaping. Councilmember Mikos requested that this item be pulled for individual consideration. She requested of staff what precautions are being taken to protect the subject oak trees. In response to Councilmember Mikos, Mr. Loftus explained that the conditions that were approved for that parking lot did not include either provision for bonding of the health of the oak trees nor an easement to protect future oak trees. After Council discussion the following motion was heard. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to examine the conservation easement option. The motion carried by unanimous voice vote. I. Consider Resolution Reaffirming City Hall Location, Revising Regular Business Hours of City Offices, and Rescinding Resolution No. 84 -138. Staff Recommendation: Adopt Resolution No. 2001 -1897. Councilmember Mikos requested that this item be pulled for individual consideration to make the public aware of the modified hours of operation of City Hall making it public knowledge that City Hall will now be open at 8:00 a.m, instead of 8:30 a.m. Minutes of the City Council Moorpark, California Page 33 September 19, 2001 MOTION: Councilmember Mikos moved and Mayor Pro Tem Harper seconded a motion to adopt Resolution No. 2001 -1897. The motion carried by unanimous voice vote. J. Consider Report of Annual Review of Development Agreement with Special Devices, Incorporated (SDI) in Accordance with Section 15.40.150 of the Moorpark Municipal Code. Staff Recommendation: 1) Accept the Director of Community Development's Report and recommendation that, on the basis of substantial evidence, SDI has complied in good faith with the terms and conditions of the agreement; and 2) Deem the annual review process complete. Councilmember Wozniak stated that the Council should not support the lowering of the tree density on the Caltrans right of way of this entrance into the City as submitted in the staff report. MOTION: Councilmember Wozniak moved and Councilmember Millhouse seconded a motion to not reduce the density approach of landscaping for the reforestation effort at the intersection of New Los Angeles Avenue and State Route 23 as requested by Caltrans. The motion carried by unanimous voice vote. 12. ORDINANCES: None. 13. CLOSED SESSION: Mr. Montes stated that the City Council would be going into closed session for discussion of Item 13.A. (one case), Item 13.B. (three cases), and Item 13.G. Mr. Montes announced that the facts and circumstances creating significant exposure to litigation, which facts and circumstances are known to potential plaintiffs, consist of issues discussed by staff and the developer concerning implementation of the approved Development Agreement with Archstone Communities. MOTION: Councilmember Wozniak moved and Councilmember Millhouse seconded a motion to adjourn to closed session for a discussion of item 13.A. (one case) , Item 13.B. (three cases) , and Item 13.G. on the agenda. The motion carried by unanimous voice vote. The time was 11:40 p.m. Minutes of the City Council Moorpark, California Page 34 September 19, 2001 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 - 1) 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 - 3) G. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Assistant City Manager, Assistant to City Manager /City Clerk, City Manager, City Attorney, City Engineer, Chief of Police, Director of Administrative Services, Director of Community Development, Director of Community Services, and Director of Public Works. Present in closed session were all C( Kueny, City Manager; Joseph Montes, Riley, Assistant City Manager; Wayne Community Development; Nancy Burns, Analyst and Deborah Traffenstedt, Manager /City Clerk. )uncilmembers; Steven City Attorney; Hugh Loftus, Director of Senior Management Assistant to City Ms. Burns left the meeting at 11:08 p.m. The Council reconvened into open session at 11:40 p.m. Mr. Kueny stated that one case under Item 13.A., two cases under Item 13.B., and Item 13.G. were discussed and that there was no action to report. 5. ADJOURNMENT: Mayor Hunter adjourned the ATTEST: Deborah S. Traffens dt City Clerk