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HomeMy WebLinkAboutMIN 2001 0801 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California August 1, 2001 A Regular Meeting of the City Council of the City of Moorpark was held on August 1, 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 6:57 p.m. 2. INVOCATION: Pastor Errol Hale, Shiloh Community Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Councilmember Harper led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Mikos, Millhouse, Harper, Wozniak and Mayor Hunter. 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; 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. 5. PROCLAMATIONS AND COMMENDATIONS: None 6. PUBLIC COMMENT: None. AT THIS POINT IN THE MEETING, the Council meeting was recessed to convene the Redevelopment Agency meeting. The time was 7:00 Minutes of the City Council Moorpark, California Page 2 August 1, 2001 p.m. The Council meeting reconvened at 7:17 p.m. with all Councilmembers present. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Millhouse requested that the agenda be reordered as follows: Item 10.C. to the end of the Action /Discussion items and Item 10.E. to be moved up to follow Item 10.A. CONSENSUS: By consensus, the Council determined to reorder the agenda to move Item 10.C. to follow Item 10.G. and to move Item 10.E. to follow Item 10.A. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Wozniak requested a future agenda item regarding the left -turn pocket at Spring Road and Los Angeles Avenue (southbound on Spring Road to eastbound New Los Angeles Avenue). 9. PUBLIC HEARINGS: A. Consider Final Review and Changes to the Engineer's Report for Assessment District 01 -3 (Cabrillo Economic Development Corporation - Tentative Tract 5161) and the Adoption of a Resolution Confirming the Assessment Amounts for Fiscal Year 2001/02. Staff Recommendation: 1) Open the public hearing, receive testimony, and close the public hearing; 2) Approve Engineer's Report for ADO1 -3 for FY 2001/02, with no changes from the report approved by City Council Resolution No. 2001- 1871; and 3) Adopt Resolution No. 2001 -1874 confirming the assessments for ADO1 -3 for FY 2001/02. Mr. Gilbert gave the staff report. Mayor Hunter opened the public hearing; there being no speakers, Mayor Hunter closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Mikos seconded the motion to: Approve the Engineer's Report for ADO1 -3 for FY 2001/02, with no changes from the report approved by City Council Resolution No. 2001 -1871; and adopt Resolution No. 2001 -1874 confirming the assessments for AD01 -3 for FY 2001/02. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 3 August 1, 2001 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Teen Council Appointments and Amendments to Teen Council Guidelines. (Continued from July 18, 2001) Staff Recommendation: 1) Adopt amendments to the Teen Council Guidelines consistent with the staff report and direct staff to include the Teen Council Guidelines in the next update of the City Council Policies Resolution; and 2) Make appointments to the Teen Council for a one -year term to begin on July 1, 2001. Ms. Traffenstedt gave the staff report. Mayor Hunter discussed the applications and stated that he intended to nominate the following applicants: Zahabiya Chithiwala, Andrea Green, Todd Koszela, Taylor Skinner, Amanda Lopez, Shannon Pflaumer, Greg Priebe, Brittany Stephens and Heather Harper. Councilmember Wozniak commented about how impressive the entire group of teens was that had applied for the Teen Council. Mayor Hunter asked that rules be waived with regard to individual voting and asked that the Council vote on the total slate of nominees. MOTION: Mayor Hunter moved and Councilmember Millhouse seconded the motion to: 1) Adopt amendments to the Teen Council Guidelines consistent with the staff report and direct staff to include the Teen Council Guidelines in the next update of the City Council Policies Resolution; 2) waive rules to vote on each nomination separately; and 3) appoint Zahabiya Chithiwala, Andrea Green, Todd Koszela, Taylor Skinner, Amanda Lopez, Shannon Pflaumer, Greg Priebe, Brittany Stephens and Heather Harper to the Teen Council for a one -year term ending June 30, 2002. The motion carried by voice vote 4 -0, Councilmember Harper abstaining. E. Consider County of Ventura's Moorpark Road Realignment Project. Staff Recommendation: Direct staff as deemed appropriate. Mr. Gilbert gave the staff report. Minutes of the City Council Moorpark, California Page 4 August 1, 2001 In response to Councilmember Mikos, Mr. Gilbert stated there were engineering problems associated with restricting turn movements. In response to Councilmember Millhouse, Mr. Butch Britt, Ventura County Public Works Agency, explained that any median that would restrict northbound traffic on the realigned Moorpark Road from continuing north onto Miller Parkway would also affect left turn movements from vehicles southbound on Miller Parkway. In response to Mayor Hunter, Mr. Britt replied that other alterations such as a "zebra stripe median" could be installed, but a physical barrier could not be put in the center of the intersection. In response to Councilmember Millhouse, Mr. Britt stated that through traffic could be restricted; however, not with a center median. In response to Councilmember Harper, Mr. Britt suggested a left -turn signal with protected turn arrows versus a raised median. Mayor Hunter summarized safety and design concerns. In response to Mayor Hunter, Jarrod DeGonia, representing Supervisor Mikels, stated he could not state her position on the Norwegian grade project. He did state that Supervisor Mikels is supportive of the Moorpark Road realignment project because of safety concerns, and that she had asked the County Public Works staff to design an intersection to achieve the City's objectives to restrict through traffic. In response to Councilmember Millhouse, Mr. DeGonia confirmed that Supervisor Mikels had told Councilmember Millhouse that the intersection could be designed to restrict through traffic. In response to Councilmember Mikos, Mr. Gilbert replied there will be no raised median, only signage and striping. He stated that a raised median would not be possible. Minutes of the City Council Moorpark, California Page 5 August 1, 2001 Councilmember Harper stated that a protected left turn northbound and southbound could be used rather than just passive signs. Mr. Kueny stated it will take some time to design the intersection. He also stated that the Tierra Rejada Road median might need to be pulled back for a short distance. Ruth Pritkin, a Moorpark resident, stated her opposition to the County Moorpark Road project and that she was in support of a physical barrier to restrict through traffic. Anthony Capitele, a Moorpark resident, stated his opposition to the County Moorpark Road project and spoke about traffic concerns. He requested that residents not have restricted turn movements out of their neighborhood. Mayor Hunter stated to Mr. shares his concerns re impacting residents. Mayor are willing to accept some movements. Councilmember through movement to Santa affected. Capitele that the Council garding through traffic Hunter asked if residents restriction on their turn Harper stated that the Rosa Road would also be Mr. Capitele stated he would like to be involved and share his opinion on a solution. Ralph Rodriguez, a Moorpark resident, thanked the Council for opposing the project, and requested a very careful study for the safety of the community. Ms. Traffenstedt stated that three written statement cards in opposition to the County project had been received from: Ralph Mauriello, Marcia Capitelli, and Scott Kams. Mayor Hunter stated that there is merit in allowing staff to work with the County on the design and that he wants to consider a center median to be studied. Councilmember Harper stated he would like to have more analysis of how to minimize restricting turn movements Minutes of the City Council Moorpark, California Page 6 August 1, 2001 from Miller Parkway but yet still preclude through traffic from Moorpark Road onto Miller Parkway. Councilmember Mikos stated she was not convinced that a partial barrier isn't possible versus a painted median. Councilmember Millhouse stated that he agreed with what had been said by other Councilmembers. Mr. Kueny asked for Mr. Britt to speak about the County's schedule. Mr. Britt stated that the County is proceeding to purchase the right of way for the project and plan to advertise for construction this fall. In response to Mayor Hunter, Mr. Britt stated that the cost for existing Moorpark Road improvements were more that the proposed realignment project. Mr. Kueny suggested delaying issuance of the encroachment permit to allow a solution to be developed. He suggested the item be continued to September 5, 2001. In response to Mr. Kueny, Mr. Montes stated that the County may be concerned with the statute of limitation of 90 days from the date of approval of the encroachment permit. Councilmember Millhouse suggested the City Attorney be authorized to prepare a limited tolling agreement to extend the time period for the County to file a lawsuit. MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded a motion to direct staff to meet with County staff regarding the design for the Moorpark Road realignment /Miller Parkway intersection and authorized the City Attorney to work with County Counsel on a Tolling Agreement to extend the lawsuit filing period, and continued the Item to the September 5, 2001 meeting. The motion passed by voice vote 4 -1, Councilmember Harper dissenting. Minutes of the City Council Moorpark, California Page 7 August 1, 2001 Councilmember Harper explained his reason for voting no was that Supervisor Mikels has only offered to partially mitigate the impacts of the County project. AT THIS POINT in the meeting, a recess was called. The time was 8:13 p.m. The meeting reconvened at 8:41 p.m. with all Councilmembers present. Mayor Hunter announced a request for reconsideration of Item 10.E. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to reconsider the previous motion for Item 10.E. The motion carried by unanimous voice vote. Councilmember Wozniak stated he wanted staff to look at the need to control through traffic on both Miller Parkway and Spring Road. He stated that he does not want to shift the problem by redirecting traffic from Miller Parkway to Spring Road. CONSENSUS: By consensus, the study potential through traffic Moorpark Road realignment. Council directed staff to also impacts on Spring Road from the Mayor Hunter stated that Items 10.B. and 10.F would be heard concurrently with separate staff presentations. B. Consider a Request to Modify Condition of Approval No. 1 of Conditional Use Permit No. 94 -01 of Moorpark Country Club Estates to Reduce the Number of Holes of Play for the Required Golf Courses from Thirty -six (36) Holes to Twenty -seven (27) Holes and Addendum No. 4 to the Certified Environmental Impact Report (EIR) (SCH #9408175) - Toll Bros. Inc., Applicant. (Continued from July 18, 2001) Staff Recommendation: 1) Accept public comment; 2) Consider the request to modify the number of holes of play of the golf courses as conditioned under CUP 94 -01, and approve Addendum No. 4 to the project certified Environmental Impact Report; and 3) Adopt Resolution No. 2001 -1875 granting Minor Modification No. 3 to the Country Club Estates Project. Mr. Loftus gave the staff report. F. Consider First Amendment to Settlement Agreement among City of Moorpark, Toll CA GP Corp., and Toll CA, L.P. Minutes of the City Council Moorpark, California Page 8 August 1, 2001 Staff Recommendation: Approve First Amendment subject to final language approval of City Attorney and City Manager and authorize the Mayor to sign on behalf of the City. Mr. Kueny gave the staff report. In response to Mayor Hunter, Mr. Kueny stated the $220,000 payment referenced on page 2 would need to be paid immediately upon execution. He also stated that the discounted rates for seniors and students would need to be offered year round. In response to Councilmember Harper, Mr. Kueny stated that the original Development Agreement did not specify the amount of the discount. Mayor Hunter suggested a 10 percent discount. Councilmember Harper suggested a 25 percent discount. In response to Councilmember Mikos, Mr. Kueny stated no other discount other than for seniors and students was previously considered. Mr. Craig Messi, representing Toll Brothers, stated he was available for questions. He stated that the senior discount and various other discounts will be a minimum of 10 percent guaranteed. He also stated they anticipated a discount for City residents. He responded to the initial payment question and confirmed that the payment by Toll Brothers would be immediate. In response to Mayor Hunter, Mr. Kueny stated that the senior discount should be for age 60 and older. Mr. Messi stated they would agree to age 60. Mayor Hunter asked that age 60 be included in the agreement. In response to Councilmember Harper, Mr. Messi agreed that students included college students. Mr. Messi stated he would not be able to agree to more than a 10 percent discount at this time. Minutes of the City Council Moorpark, California Page 9 August 1, 2001 Mr. Kueny spoke about Toll Brothers hosting the interscholastic golf programs and stated that Toll would typically negotiate directly with the School District and the discount would typically exceed the 10 percent discount offered generally. Eloise Brown, a Moorpark resident, stated she recalled that when the project first came forward there were two golf courses proposed and one was to be a municipal course. Pete Peters, a Moorpark resident, stated that he was pleased with Toll Brothers and their grading efforts. He spoke of his concern about the additional traffic on Walnut Canyon Road, potential accidents on that roadway, and the developer fees that were being used to help with the traffic relief on Walnut Canyon Road. Gordon Mazur, a Moorpark resident, spoke about traffic concerns on Walnut Canyon Road and stated he is a neighbor to the Toll Brothers project and is directly affected. Councilmember Mikos asked for response to public comment questions regarding a municipal golf course. In response to Councilmember Mikos, Mr. Kueny replied that it was not part of the final development agreement. In response to Councilmember Mikos regarding traffic, Mr. Loftus discussed circulation system improvements approved for the Specific Plan No. 2 project, including improvements planned for Walnut Canyon Road and Spring Road. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion for Item 10.B. to approve Addendum No. 4 to the project certified Environmental Impact Report, and adopt Resolution No. 2001 -1875 granting Minor Modification No. 3 to the Country Club Estates Project. The motion carried by unanimous voice vote. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion for Item 10.F. to: 1) Approve the First Amendment to Settlement Agreement as revised by Council to include definitions for students and seniors, and to identify the 10 percent discount for students and Minutes of the City,Council Moorpark, California Page 10 August 1, 2001 seniors and due date for $220,000 payment, and subject to final language approval of the City Attorney and City Manager; and 2) Authorize the Mayor to sign on behalf of the City. The motion carried by unanimous voice vote. D. Consider Planning Commission Recommendation Concerning the Alternative Architectural Themes for a Proposed Retail /Commercial Center Including Target and Kohl Department Stores at the Southwest Quadrant of New Los Angeles Avenue and Highway 23. Staff Recommendation: 1) Consider and discuss the presentation by applicant and recommendation from the Planning Commission; and 2) Direct staff as deemed appropriate. Mr. Loftus gave the staff report. Brian Wolf, P & R Architects, 111 W. Ocean Boulevard, Laguna Beach, representing Zelman Retail Partners/ Zelman Development Company as the project architect, stated the project applicant was seeking direction on the architecture. He stated the Planning Commission reviewed three styles and the consensus was that a Spanish Revival was preferred. He discussed the conceptual site plan, architecture and type of retail center planned. Robert Exel, Vice President of Zelman Development Company, 515 South Figueroa Street, Suite 1230, Los Angeles, stated he was available for questions. Mark DiCecco, a Moorpark resident and City Planning Commissioner, discussed the importance of the project design at the gateway to the City. He stated the site plan does not have adequate pedestrian access and that it ignored the project behind it. He stated that an intimate scale does not exist with the current design. In response to Councilmember Millhouse, Mr. DiCecco discussed potential pedestrian access linking the industrial development to the south and discussed the Spanish revival architectural theme. Gerald Goldstein, a Moorpark resident, discussed entrance to the City concerns. Mayor Hunter stated that this site is the last large commercial development that the city of Moorpark will Minutes of the City Council Moorpark, California Page 11 August 1, 2001 have a chance to build. He also stated that, in his opinion, the first draft development plan has a long way to go and does not meet community standards. He stated that his first impression is that this appears to be a large strip mall with the orientation of the large buildings to the rear. In comparison, he spoke about the Promenade in Westlake and stated that in comparison that center is open, inviting and interesting. Mayor Hunter stated that there is nothing creative about this center. He stated that this project requires a significant amount of work. Councilmember Harper stated he concurred with the Mayor's comments and that a straight store frontage of this mass is not attractive. He requested that the developer come back with better drawings with more people oriented areas. He stated pedestrian areas also needed places for people to sit. Mr. Wolfe, stated that he would work with staff to address the issues raised by Council. Councilmember Harper clean roof lines as freeway. He stated line of sight and a the signage must community. stated he would also like to see the roofs will be seen from the the developer needs to consider design solution. He stated that blend with the scale of the Councilmember Wozniak stated he concurred with the need for pedestrian access between the commercial and industrial projects and asked for large walkways through the center. He also stated that the Council does not want a strip mall appearance. Councilmember Mikos stated she concurred with the comments and wants the project to be more pedestrian friendly. She stated she is not enamored with the Spanish revival style. She also stated she does not want to see a straight line of buildings. Councilmember Millhouse stated he spoke to the applicant about design changes over a month ago and was disappointed his previous comments were not addressed. He stated the straight line of buildings must be modified. He stated the project needs to be more pedestrian friendly. Minutes of the City Council Moorpark, California Page 12 August 1, 2001 Councilmember Mikos asked if a tall architectural feature could be blended into the center to allow a higher sign. Mayor Hunter stated the tenant mix is important to the success or failure of the center and that he hoped the applicant would get the City's concurrence with what residents would like to have available. He suggested a bookstore, places to eat, a clothing store, and a Trader Joe's. Councilmember Millhouse also suggested a sporting goods store, a water fountain area with seating, and coffee and ice cream sales. Mr. Exel asked what was the preferred architectural style and whether Spanish revival was acceptable to the Council. Councilmember Harper stated that Spanish revival is the closest consensus the applicant could get. Mr. Wolfe thanked the Council and stated he would attempt to address the Council's comments. G. Consider Amendment to Lease Agreement with Moorpark Unified School District at 30 Flory Avenue for Expansion of Moorpark Police Services Center. Staff Recommendation: Approve Amendment subject to final language approval of City Manager and City Attorney and authorize City Manager to sign on behalf of the City. Mr. Kueny gave the staff report. MOTION: Mayor Hunter moved and Councilmember Harper seconded the motion to approve the Amendment subject to final language approval of the City Manager and City Attorney and authorize the City Manager to sign on behalf of the City. The motion carried by unanimous voice vote. C. Consider Approval of Proposed City Goals and Objectives for Fiscal Year 2001 -2002. (Continued from June 20, 2001) . Staff Recommendation: Approve City Goals and Objectives for Fiscal Year 2001/2002. Minutes of the City Council Moorpark, California Page 13 August 1, 2001 Mr. Kueny gave the staff report. Mayor Hunter referred to the lists of objectives received from Councilmember Millhouse and Councilmember Mikos. Councilmember Mikos discussed her recommendation to consider doing the Goals and Objectives earlier in the year. She discussed her list and suggested one additional item, which was rezoning of the prior SP -8 property this year. Councilmember Millhouse stated his list is focussed on traffic mitigation and youth activities. He stated he has proposed some specific deadlines for some of the projects. He stated his agreement with receiving the objectives earlier in the budget process, perhaps December. He outlined his list of objectives including having an aquatic center in place by summer of 2003; additional softball and soccer fields to accommodate youth groups; and adding a fourth field at Arroyo Vista Community Park and lighting them all with photovoltaics or other energy saving lighting. Councilmember Harper referenced stamped page 64 and stated that the City Manager's recommended top ten list is the closest to consensus. He stated that the Open Space, Conservation and Recreation (OSCAR) and Circulation Elements should be added to the third bullet item on page 64 and the next to last bullet item on stamped page 65 should include the trail system along the Arroyo Simi. Councilmember Mikos stated that an item regarding City website upgrade should be added to the City Manager's list as a priority item. She expressed a concern that interest in the Arroyo Simi will be focussed only on the trail system and stated that the General Plan update should include the concept of a greenway for the Arroyo Simi. Mayor Hunter stated he is Arroyo Simi as a priority items on the list have more he stated it should be a stated he is looking for widest range of attraction not ready to include the for this year when other expansive appeal; however, long -term objective. He ten items that have the to the broadest range of Minutes of the City Council Moorpark, California Page 14 August 1, 2001 people in the City. He stated his top priority items include construction of a community pool, construction of a police station on Spring Road, and traffic mitigation issues. Councilmember Wozniak stated that staff has the ability to pick up on the items that the Council wants action on. He stated he wants the top ten objectives to have the broadest appeal for the City of Moorpark, and the City Manager's list is consistent with the citizen's priorities. Councilmember Millhouse stated his agreement that the top ten objectives should have the broadest range of appeal. He concurred with adding the OSCAR Element to the third bullet item on stamped page 64 and incorporating the management of the Arroyo Simi with the trail system. He stated the website upgrade is not one of his top ten priority items for the next fiscal year; however, it is important for the long term. Councilmember Harper stated he did not include any technology items in the top ten to give time for the new Information Systems staff person to get on board. He stated everything on the City Manager's list is top priority. He suggested adding to the second to last bullet item on stamped page 65, the wording about providing recreational use of the Arroyo Simi watershed. Councilmember Mikos stated that more than recreation should be addressed in the second to last bullet item. She suggested there should be a balance between management, flood control, recreation, habitat enhancement, and all of the resources of the Arroyo Simi. Councilmember Millhouse suggested development of a comprehensive plan for the Arroyo Simi rather than a piecemeal approach. Mr. Kueny stated that historically the council consensus has been to bring the Goals and Objectives back on the council agenda as a consent item. He suggested that at the second regular meeting of January, staff bring back a concise status report on Minutes of the City Council Moorpark, California Page 15 August 1, 2001 the top ten objectives and use that to lead up to the budget process. Mayor Hunter stated that he wants to continue to use the term aquatic facility for the community pool. He stated he expects staff to stay on schedule for the deadline of summer /fall of 2003. He stated that if there is a chance the aquatic facility project will fall behind, it should be brought to the council's attention. Mr. Kueny stated it is his intent that, at the second meeting in January, there will be a status on the top ten with a comprehensive report on each of the items. Councilmember Mikos stated that the last item on the City Manager's list should include some focus on housing in the downtown specific plan, and consideration for commercial and retail. Mayor Hunter stated that he thinks those projects will move along at their own pace. He stated he does see that it will take significant staff time to address the top ten items. CONSENSUS: By consensus, the Council approved the modified City Manager's list of top ten priorities, directed staff to schedule City goals and objectives for fiscal year 2001/2002 for consent calendar approval on September 5, 2001, and directed staff to schedule a progress report on top ten priorities for January 16, 2002. 11. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion for approval of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Special Joint Meeting of City Council and Planning Commission of May 17, 2001. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register for 2000 -2001 Fiscal Year - August 1, 2001. Minutes of the City Council Moorpark, California Page 16 August 1, 2001 Manual Warrants 106304 - 106315 & $ 3,705.13 106544 Voided Warrants 106310 & 106311 $ (0.00) (Pentamation additional 106557 remittance copies) Regular Warrants 106546 - 106563 $235,181.16 Staff Recommendation: Approve the Warrant Register. C. Consider Approval of Warrant Register for 2001 -2002 Fiscal Year - Auqust 1, 2001. Manual Warrants 106298 - 106299 & 106301 & 106316 - 106320 & 106531 - 106532 & 106542 - 106543 & 106545 106533 - $ 474,238.94 Voided Warrant 106317 $ (23,580.00) Payroll Liability 106321 - 106328 & $ 13,531.18 Warrants 106533 - 106541 $ 16,601.72 Regular Warrants 106467 - 106530 & $1,018,325.35 106564 - 106611 $ 74,715.29 Staff Recommendation: Approve the Warrant Register. D. Consider Adoption of Resolution Amending the FY 2001/02 Budget for Portable Restroom Rentals. Staff Recommendation: Adopt Resolution No. 2001 -1876, amending the FY 2001/02 Budget by $1,200 for the rental of portable restrooms during the Moorpark Packer Football season. E. Consider Rectuest from Moorpark Kiwanis To Waive Park Rental Fees for a Softball Tournament. Staff Recommendation: Approve the request from Kiwanis of Moorpark to waive park rental fees associated with their Girls Softball Tournament, provided that they pay all direct costs incurred by the City, including one staff person dedicated to the Tournament. Minutes of the City Council Moorpark, California Page 17 August 1, 2001 F. Consider Request by Roam'n Relics Car Club to Hold Car Show on October 28, 2001 from 8 a.m. to 3 p.m. on High Street, and to Reduce City Fees. Staff Recommendation: 1) Waive fee for use of Redevelopment Agency property, charge Club the contract billing rate for police charged by the County, and charge Club the direct cost of other staff to plan the event; 2) Require Club to pay an encroachment permit fee ($100) and a temporary use permit fee ($88); and 3) Require Club to provide the City and Agency with an indemnification agreement and name the City and Agency as additional insureds on the Club's insurance policy. G. Consider Authorizing the City Manager to Execute an Amendment to Contract 99 -50; Agreement for Professional Services Audit Services provided by Vavrinek, Trine, Day and Company. Staff Recommendation: Authorize the City Manager to extend the agreement with Vavrinek, Trine, Day and Company for audit services for audit year 2000/2001, at a cost not to exceed $26,475.00 and for audit year 2001/2002 at a cost not to exceed $27,750.00. H. Consider Notice of Completion for the 2000 Asphalt Overlay Project [Including Spring Road & Los Angeles Avenue Rehabilitation Projects]. Staff Recommendation: 1) Adopt Resolution No. 2001 -1877 approving an amendment to the FY 2000/2001 Budget by revising the appropriation and budget for the subject project as follows: General Fund [Fund 10001: $19,724 increase; L. A. Ave. AOC [Fund 25011: $87,490: Total Increase $107,214; and 2) Accept the work as completed. I. Consider Report of Annual Development Agreement Review, Established in Connection with a 35 -Acre, Detached Single- Family Residential Unit Project Located on the South Side of Los Angeles Avenue, West of Leta Yancy Road (Formerly Liberty Bell Road) (Tract 5053, Pacific Communities) . Staff Recommendation: 1) Accept the Director of Community Development's Report and recommendation that, on the basis of substantial evidence, Pacific Communities has complied in good faith with the terms and conditions of the agreement; and 2) Deem the annual review process complete. J. Consider Adoption of Resolution Amending the Fiscal Year 2001/02 General Fund Budget for a Reward for Minutes of the City Council Moorpark, California Page 18 August 1, 2001 Information Concerning Missing Person Megan Barroso. Staff Recommendation: Adopt Resolution No. 2001 -1878 amending the 2001/2002 General Fund Budget by $10,000 for a reward for information concerning mission person Megan Barroso. K. Consider Approval of Project to Construct a Double Left -Turn Lane [West -to- South] and Other Improvements in the Vicinity of the Intersection of Los Angeles Avenue and Tierra Rejada Road [ Albertson's]. Staff Recommendation: 1) Approve the Agreement subject to final language approval of the City Manager and City Attorney, and authorize the City Manager to sign the Agreement between the City and Albertson's regarding project implementation; 2) Approve the project plans and specifications for construction and for the purpose of establishing design immunity pursuant to Section 830.6 of the Government Code of the State of California; and 3) Authorize staff to advertise for receipt of bids for the construction of the subject project. L. Consider Establishing Program for Employee Resourcefulness and Creativity. Staff Recommendation: Approve Program for Employee Resourcefulness and Creativity and authorize the City Manager to approve and implement the Program Guidelines. M. Consider Approving a Policy Regarding the Placement of Vertical Street Banners in the Public Rights -of -Way. Staff Recommendation: 1) Approve the proposed Policy for Banners in the Public Rights -of -Way. 12. ORDINANCES: None. 13. CLOSED SESSION: Mr. Kueny recommended that the City Council adjourn to closed session for a discussion of Items 13.C, 13.F., 13.H., 13.I., 13.J., and 13.K. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adjourn to closed session for a discussion of Items 13.C, 13.F., 13.H., 13.I., 13.J., and 13.K. The motion carried by unanimous voice vote. The time was 10:23 p.m. Minutes of the City Council Moorpark, California Page 19 August 1, 2001 C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark and City Council of the City of Moorpark (Case No. SCO21825) 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) H. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: (APN 512 -0- 150 -765) City Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and Louis L. Borick Under Negotiation: Price and terms of payment I. 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. J. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) Agency Designated Representative: Steven Kueny Employee Organization: Service Employees International Union, AFL -CIO, CLC, Local 998. K. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) Agency Designated Representative: Steven Kueny Unrepresented employees: Assistant City Manager, Director of Administrative Services, ATCM /City Clerk, Director of Community Development, Director of Community Services, Director of Public Works, Finance /Accounting Manager, Information Systems Supervisor, Planning Manager, Principal Planner, Recreation Superintendent, and Senior Management Analyst. Minutes of the City Council Moorpark, California Page 20 August 1, 2001 Present in closed session were all Councilmembers, Steven Kueny, City Manager; Joseph Montes, City Attorney (left the meeting at 10:55 p.m.) ; Hugh Riley, Assistant City Manager (left the meeting at 10:55 p.m.) ; Wayne Loftus, Community Development Director (left the meeting at 10:55 p.m.); Captain Robert LeMay, Sheriff's Department (arrived at 10:55 p.m. and left the meeting at 11:30 p.m.); and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened into open session at 11:39 p.m. Mr. Kueny stated that Items 13.C., 13.F., 13.H., 13.I., 13.J., and 13.K were discussed in closed session and that there was no action to report. 14. ADJOURNMENT: MOTION: Councilmember Millhouse moved and Co ncilmember Harper seconded a motion to adj T mo i.o carried by unanimous voice vote. The time/was 11: 9 p fin. ATTEST: Deborah S. Tra fenstWdt City Clerk ck Hhqlter, Mayor