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HomeMy WebLinkAboutMIN 2001 1107 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California November 7, 2001 A Regular Meeting of the City Council of the City of Moorpark was held on November 7, 2001, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 6:42 p.m. 2. INVOCATION: Pastor Dave Wilkinson, from the Moorpark Presbyterian Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Deputy City Clerk La -Dell VanDeren led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Wozniak, and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Hugh Riley, Assistant City Manager; Joseph Montes, City Attorney; Ken Gilbert, Public Works Director; Mary Lindley, Community Services Director; Walter Brown, City Engineer; Captain Robert LeMay, Sheriff's Department; Dana Shigley, Administrative Services Director; John Brand, Senior Management Analyst; John Libiez, Planning Manager; Deborah Traffenstedt, Assistant to City Manager /City Clerk; La -Dell VanDeren, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: A. Proclamation to Recognize November 2001 as National Hospice Month. Mayor Hunter read the proclamation and presented it to Anna Lisa Hayes, Licensed Social Worker and Community Education Liaison from the Assisted Home Hospice of Ventura County. Minutes of the City Council Moorpark, California Page 2 November 7, 2001 Mrs. Hayes thanked the City Council for recognizing November, 2001, as National Hospice Month. B. Introduction of New Employee Joseph Fiss, Principal Planner, in the Community Development Department. Mayor Hunter introduced Mr. Fiss and welcomed him to the City staff. 6. PUBLIC COMMENT: A. Scott Green, 33 E. High Street, addressed the Council as a representative of the Moorpark Chamber of Commerce. He outlined the Chamber of Commerce's future event to "Showcase Moorpark ", which is intended to familiarize residents and developers of approved projects with the businesses and services available in the community. He requested that the City Council consider conducting an Open House and co- sponsorship of this event at a City -owned location. He requested that consideration of this item be placed on the City Council agenda for November 13, 2001. In response to Mayor Hunter, Mr. Kueny concurred that it is possible for the Chamber requested item to be considered by the City Council at the scheduled Special Meeting on November 13, 2001. B. Dale Parvin, a Moorpark resident, addressed the Council as a representative of the Moorpark Rotary Club. He announced that on November 17 and 18 the Rotary Club is hosting an event to reenact the four parts of the Battle of Gettysburg, Pennsylvania. He explained that it will be held at Tierra Rejada Ranch and that all net proceeds will benefit charities. Mr. Parvin introduced three participants in the reenactment and stated that any questions from the public relative to the event can be directed to his local phone number. C. Councilmember Millhouse thanked City staff and the community for the successful Trick or Treat Village event that was recently conducted. Minutes of the City Council Moorpark, California Page 3 November 7, 2001 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mayor Hunter requested that Item ll.H., Consider Reconveyance of Certain Street Rights -of -Way Required for the Construction of the Casey Road /Walnut Canyon Road Traffic Signal Project, be pulled from the Consent Calendar for individual consideration. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Wozniak requested that the Council place on its next agenda the consideration of appointment of a Veteran's Liaison to participate in the establishment of the proposed Ventura /Saticoy Veteran's Home. He stated that he will volunteer to serve if the Council will consider it. CONSENSUS: consideration participate i Veteran's Home By consensus, the Council determined to place of appointment of a Veteran's Liaison to n the establishment of the proposed Ventura /Saticoy on the November 13, 2001, City Council agenda. Mayor Hunter invited Moorpark residents to participate in 1) the Arts in the Park Festival on November 10th; 2) the design review workshop for the new aquatics facility on Wednesday, November 13; 3) the dedication of the Serenada Hiking Trail on November 17; and 4) the Metrolink's Toy Express train on Sunday, December 16th. 9. PUBLIC HEARINGS: A. Consider Final Environmental Impact Report (SCH- 1994081075), General Plan Amendment No. 99 -01, Zone Change No. 99 -01, Residential Planned Development No. 99 -02 and Vesting Tentative Tract Map No. 5187, to Develop 250 Single- family Homes on a Portion of a 350 - acre Site, Located on the West Side of Walnut Canyon Road, Approximately 3,500 feet North of Casey Road. Applicant: West Pointe Homes. (Continued Open Public Hearing from City Council meeting of October 17, 2001) Staff Recommendation: 1) Accept public testimony; and discuss any outstanding issues; and 2) Continue this item, Public Hearing open to December 5, 2001, or to a date as determined by the City Council. Mr. Libiez gave the staff report. Minutes of the City Council Moorpark, California Paae 4 November 7, 2001 Vince Daly, West Pointe Homes, 31304 Via Colinas, #110, Westlake Village, CA, addressed the Council representing the applicant. In response to Mayor Hunter's question, Mr. Daly explained the term "geotechnically feasible" as it relates to the proposed project. He stated that the Map Act requires that when a Tentative Map is being processed, it must be deemed geotechnically feasible. He explained that to accomplish that determination, a preliminary soils report must be done. Mr. Daly continued by stating that in this case the City knew of certain activity going on in the Specific Plan No. 2 project and requested that West Pointe Homes perform an analysis of the faulting as well as the soils study. He stated that this was done and those reports were submitted to the City, reviewed, sent out to the City's geotechnical consultant and the conclusion is that the proposed project is geotechnically feasible. Councilmember Harper stated that he has specific questions of the geotechnical consultant which include what the remedial action would be and what kind of assurances that this action would work. He stated that he is interested in case studies with these particular types of foundations that would raise his assurance that this project is, in fact, feasible. Mike Phipps, addressed the Council as a representative of Bing Yen & Associates, the City's geotechnical consultant. He stated that the fault identified on the site by definition of the State Geologist is not an active fault; therefore, there is no requirement to setback from the fault. He stated that there is a difference between what was found on this site and what was discovered on Specific Plan No. 2 site. He explained that Specific Plan No. 2 fault was undetermined in age, so a large setback zone was created. Mr. Phipps stated that what was found on this site are other features that are related to the general uplifting of the hills through geologic time and these features are very minor faults that can be mitigated. He stated that substantial analysis has been performed on the Specific Plan No. 2 and the Toll Brothers sites that has been used a guide for what was analyzed on this property. Minutes of the City Council Moorpark, California Paae 5 November 7, 2001 Councilmember Harper asked the depth of the faults under the surface. Mr. Phipps responded that the depth of the faults is unknown, but that they are not considered to be seismogenic structures, which are faults that are deeply rooted in the earth's crust. He stated that they are shallow faults relating to the rising of the foothills, which creates small faults at various locations. In response to Councilmember Harper, Mr. Phipps explained that for any movement to take place on these faults, a major event over the magnitude of 5.0 on one of the identified major regional faults would have to occur. He stated that if that happens, there might be minor movement in these small fault structures, which is defined as ground deformation. He stated that this could be mitigated through grading techniques and foundation design. He clarified that the State has not adopted any guidelines that regulate ground deformation mitigation, which is what this would be. Councilmember Harper asked if the mitigation measures are to excavate the dirt over the known fault, backfill it, compact it, and prepare a reinforced foundation. Mr. Phipps confirmed Councilmember Harper's description of the process. He stated that approximately only three or four lots are affected by this small fault. He stated that their concern was not with that particular fault structure, but with the ground deformation that might occur with a major regional earthquake. He explained that the method will be used that has been analyzed and proven on the Specific Plan No. 2 and the Toll Brothers sites that analyzes the movement that will occur with a major regional earthquake and the foundations will be designed with those mitigation measures. He stated that there are no case studies that he is aware of, but he will research it if the Council desires. Councilmember Mikos asked if there might be a case study available in the earthquake logs that would provide relative information to movement in the 5.0 earthquake intensity zone. Minutes of the City Council Moorpark, California Page 6 November 7, 2001 In response to Councilmember Mikos, Mr. Phipps reiterated that this fault is not an active fault by the definition of the State geologist. In response to Councilmember Millhouse, Mr. Phipps stated there is no building site within the proposed project that he would consider to be a threat to a family's safety. In response to Mayor Hunter, Mr. Daly stated that the project engineer is available to address questions relative to the cross section of the line -of -sight projections for the proposed development and the water tank. Oscar Aguilar, Keith Companies, addressed the Council relative to line -of -sight projections. He described the three cross sections viewing the water tank. Councilmember Harper asked if the possibility exists to provide more dense vegetation on the south side of the water tank to hide it from view of the public. Marianne Liggett, TGP, Inc., 1700 Ventura Blvd, Suite 205, Encino, landscape consultant to the applicant, confirmed that the water tank can be screened by dense vegetation on the approved plant list. Councilmember Mikos stated that sumac and acacia are on the plant list and need to be removed as prohibited plants. She requested that the list be reviewed to make certain that no other invasive plants are listed as proposed vegetation for this project. She also requested clarification of the creation of the Habitat Enhancement Plan and the monitoring of the adherence to this Plan. She asked if the Mitigation Monitoring Plan should include a reference to the monitoring of the Habitat Enhancement Plan that is approved. Mr. Daly stated that the Habitat Enhancement Plan will incorporate all requirements set forth by the Army Corps of Engineers, California Department of Fish and Game, and by the City. Minutes of the City Council Moorpark, California Page 7 November 7, 2001 Councilmember Mikos stated that she will rely on staff to later advise her of the methods that will be used to monitor the Habitat Enhancement Plan. Councilmember Mikos asked, relative to Mitigation Monitoring Measure No. 2, for clarification as to the proposed fencing within the project. She stated that the measure is in conflict as the beginning states that fencing may be done, and at the end it states that fencing will not be allowed in the jurisdictional area of the site. Mr. Daly stated that the condition relates to the Open Space lot that is not considered jurisdictional. He explained that "jurisdictional" identifies the area as being a wetland under the Army Corps of Engineers' jurisdiction. He explained that area will have a line of fencing or thick brush along the open space lot. Councilmember Mikos stated that the standards of the condition need to be clarified, because there will be an undesirable demarcation between the two open space areas regarding fencing. Mr. Daly stated that they will work with staff on the wording of the fencing requirements. Relative to Mitigation Monitoring Measure No. 4, Councilmember Mikos stated that this measure prohibits human use, domestic animal use, and motorized vehicle use of the preserved, natural Open Space area in the beginning wording, but then allows human use at the end of the measure. She requested clarification of this discrepancy. She also asked how these items will be enforced once put in place by the CC &R's. Mr. Daly confirmed that the intent is to keep people on the trails within the Open Space and that the wording can be clarified. Relative to Mitigation Monitoring Measure No. 6, Councilmember Mikos asked if the lighting standards cited in this measure are the new standards or another set of standards. Mr. Libiez confirmed that these are the most recent standards as adopted by the City Council and codified. Minutes of the City Council Moorpark, California Page 8 November 7, 2001 Gerald Goldstein, a Moorpark resident, spoke relative to whether or not there is volcanic activity in the area. He also discussed the cutting of trees in the City. Councilmember Harper asked staff how sufficient the seismic mitigation would be with the use of post tension foundations and the method of excavating and backfilling the dirt in the area of the fault. In response to Councilmember Harper, Mr. Brown stated that there are no one hundred percent guarantees. He explained that a state of the art analysis has been done. He described the foundation designs being proposed as two -way post tension slabs with a lowered section in the footings. Mr. Brown continued by stating that the expected ground movements in the calculations amount to 2 inches when no fill is placed on site and decreases with the fill being placed on the site. He stated the reason the movement decreases with the fill, is because the fill material acts as a cushion and reduces the movement of the material. Councilmember Harper stated that Mr. Daly has agreed that they will include as part of the escrow documents a disclosure that a potential seismic hazard exists on certain lots within the project. He wants staff to work with the applicant to develop a disclosure document that is easily understood by potential homeowners and that clearly states that to the City's knowledge the hazards have been thoroughly studied and have been successfully mitigated. MOTION: Councilmember Milihouse moved and Councilmember Mikos seconded a motion to continue this item to the regular City Council meeting of December 5, 2001, with direction to staff to work with the applicant to develop disclosure language, and the public hearing to remain open. The motion carried by unanimous voice vote. B. Consider Zoning Ordinance Amendment (ZOA) No. 2001 -01, Amending Chapters 17.08, 17.20, 17.24, and 17.28 of the Municipal Code Related to Recreational Vehicle Storage and Parking. Staff Recommendation: 1) Open public hearing; accept testimony; continue the public hearing open to December 5, 2001. Minutes of the City Council Moorpark, California Page 9 November 7, 2001 Ms. Traffenstedt gave the staff report. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated there are no public speakers for this item. MOTION: Councilmember Millhouse moved and Mayor Hunter seconded a motion to continue this item to the regular City Council Meeting of December 5, 2001, with the public hearing to remain open. The motion carried by unanimous voice vote. C. Consider Mitigated Negative Declaration /Environmental Assessment for the Los Angeles Avenue Widening Project: Spring Road to Moorpark Avenue (Project 8013). Staff Recommendation: Continue to December 5, 2001. Mr. Gilbert gave the staff report. In response to Councilmember Mikos, Mr. Gilbert stated that the Mitigation Monitoring Program would be provided to the Council as a part of the staff report on December 5, 2001. Councilmember Mikos asked what technology would be used to intercept automobile - related oil and gas residues to prevent downstream contamination. Mr. Brown stated that best management practices are presently mandated for all projects. He also stated that for this project, the use of diatomaceous earth filters, activated carbon materials, and street sweeping are possible best management practices. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated that there are no public speakers for this item. MOTION: Councilmember Harper moved and Councilmember Millhouse seconded a motion to continue this item to the regular City Council meeting of December 5th, 2001, with the public hearing to remain open. The motion passed by unanimous voice vote. Minutes of the City Council Moorpark, California Page 10 November 7, 2001 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Compressed Natural Gas (CNG) Fuel Option in Procurement of Two (2) Transit Buses. (Continued from City Council meeting of October 17, 2001.) Staff Recommendation: Authorize staff to: 1) purchase two new conventional fuel buses, not to exceed $300,000, using the State Department of General Services contract with Creative Bus Sales; 2) Obtain an inspection services agreement, subject to final approval by the City Manager; 3) Surplus the 1995 GMC Champion Bus; and 4) evaluate the City's future alternative fueling needs and provide the Council with a recommendation on a possible future CNG fueling station. Mr. Brand gave the staff report. Councilmember Mikos asked Mr. Brand to describe whether carbon monoxide or nitrogen oxide is more toxic than the other. In response to Councilmember Mikos, Mr. Brand stated that carbon monoxide is a poisonous gas and nitrogen oxide is a precursor to smog. He discussed that nitrogen oxide is more regulated, because it is more easily regulated in terms of the emission controls. He stated that there is great improvement in the newer engines, which is achieved by the electronic control of the combustion process. In response to Councilmember Harper, Mr. Brand stated that the emissions of the new diesel engines are lowered to .1, which indicates no visible smoke in the exhaust. He stated that if the proposed vehicles are procured, there would not be visible smoke being emitted from their exhaust. Gerald Goldstein, a Moorpark resident, suggested that the City Council explore the procurement of fuel cell buses. CONSENSUS: By consensus, the Council determined to waive its Rules of Procedure and to accept a late speaker card for this item. Minutes of the City Council Moorpark, California Page 11 November 7, 2001 Bill Poleri, a Moorpark resident, suggested that if the City's timeline allows, the technology will be even more improved in one year if the procurement of the buses could be deferred that length of time. Councilmember Mikos stated it is clear that the City needs new buses at this time. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to: 1) Purchase two new conventional fuel buses, not to exceed $300,000, using the State Department of General Services contract with Creative Bus Sales; 2) Obtain an inspection services agreement, subject to final approval by the City Manager; 3) Surplus the 1995 GMC Champion Bus; and 4) Evaluate the City's future alternative fueling needs and provide the Council with a recommendation on a possible future CNG fueling station. The motion carried by unanimous voice vote. B. Consider a Resolution Finding and Determining that the Public Interest, Convenience and Necessity Require the Acquisition for Public Purposes of Certain Property Described as a Portion of APNs 506 -0- 050 -295 and 506- 0- 050 -420 and located along the South Side of Los Angeles Avenue and West of Moorpark Avenue. Staff Recommendation: 1) Conduct a hearing on the Resolution of Necessity and review the evidence presented, including this staff report and public comments and close the hearing; and 2) Adopt Resolution 2001 -1909 authorizing the commencement of eminent domain proceedings so as to acquire the fee simple interest in real property described therein. (Four fifth's affirmative vote required). Mr. Montes gave the staff report. In response to Council question, Ms. Traffenstedt stated that she has one speaker card from John Hyde, representing Archstone Communities, who is available for questions only. Councilmember Harper requested that the City Attorney define the difference between this hearing and that of a public hearing. Mr. Montes explained that under the Code of Civil Procedure, in preparation for the adoption of a Minutes of the City Council Moorpark, California Page 12 November 7, 2001 Resolution of Necessity, the Council is required to hold a hearing at a public meeting, but it is not a noticed public hearing in the sense that other noticed public hearings are conducted under the Government Code. He stated that the only party the City is required to give notice to in this situation is the property owner and that was done as required by law. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to: 1) Conduct a hearing on the Resolution of Necessity and review the evidence presented, including this staff report and public comments and close the hearing; and 2) adopt Resolution 2001 -1909 authorizing the commencement of eminent domain proceedings so as to acquire the fee simple interest in real property described therein. (Four fifth's affirmative vote required). The motion carried by unanimous roll call vote. C. Consider Approval of Proposed Development and Financing Plan for New Civic Facilities Including City Hall, Police Services Center and Public Works /Parks Corporation Yard. Staff Recommendation: 1) Authorize staff to retain necessary consulting services for the issuance of $11,095,000 in tax allocation bonds within the next 90 days to take advantage of the present low interest rates; 2) Prepare documents necessary for the issuance of the tax allocation bonds for consideration by the Redevelopment Agency Board at a special meeting on November 13, 2001; 3) Initiate the appraisal process for the existing buildings in the civic center complex in anticipation of its ultimate purchase by the Redevelopment Agency; 4) Initiate the appraisal process for the privately -owned properties on Moorpark Avenue, High Street, and Fitch Avenue (update of previous appraisal) referenced in the agenda report; 5) Continue or initiate the development of plans and specifications for the identified projects at the recommended sites; 6) Solicit bids for the design and construction of City Hall and the Public Works /Parks yard; and 7) Discuss City Hall financing options with the Budget and Financing Committee. Mr. Riley gave the staff report. Mayor Hunter asked for a clarification relative to the term "supporting facilities" in the context of the Corporate Yard as discussed in the staff report. Minutes of the City Council Moorpark, California Page 13 November 7, 2001 Mr. Riley responded that there would be proposed open air supporting facility structures that would potentially house materials, equipment parking /loading facility, vehicle storage, fueling facilities, and a small office building. Mayor Hunter asked if the $1.5 million requested for City Hall land acquisition that was mentioned in the staff report is still needed or whether some of that amount had already been expended. Mr. Riley explained how some of those funds had already been spent. Mayor Hunter stated that, relative to the financing plan, the Moorpark Redevelopment Agency has the ability to issue approximately $11 million dollars in bonds, yet the yield is only approximately over $10 million dollars. He inquired of staff as to the reason for the differential in these returns. Mr. Riley responded that the total cost of issuance of these municipal bonds includes a number of items including the deposit that is made to the debt service reserve fund in the amount of approximately $580,000, which is required by law to protect the bondholders in terms of a temporary failure of the City to make the bond payment. Mr. Riley further explained that another significant cost of the bond issue, in order to secure the Triple A rating to secure the best interest rate possible, is to buy bond insurance and $200,000 is the budgeted premium amount for that insurance even though it is anticipated to be lower than that premium. He stated that additionally there is a bond underwriters' fee discount to pay for the marketing, selling, and the administration of those bonds. Mr. Riley summarized that the items he just outlined are the higher -cost expenses of a bond issue. In response to Mayor Hunter's question, Mr. Riley confirmed that any debt that is incurred is experienced by the Moorpark Redevelopment Agency and not by the City of Moorpark. Mr. Riley stated that any debt incurred by the tax allocation issue is not a debt secured by the City, but is secured by the tax Minutes of the City Council Moorpark, California Page 14 November 7, 2001 increment of the Redevelopment Agency and is the sole pledge to be paid off by the bond. Mayor Hunter asked what would be the impact on the General Fund. Mr. Riley stated the objective is to minimize the impact on the General Fund. He stated that staff contemplated a combination of borrowing and cash funds such as use of the Police Facilities Fund, not the General Fund. He also stated that this is why staff wants to wait on the City Hall financing relative to the State budget situation and the impact on revenue. In response to Mayor Hunter, Mr. Riley stated that a holding facility could be incorporated into the design but construction postponed. He stated a holding facility would increase the cost of the facility. In response to Councilmember Harper, Mr. Kueny stated that the need for a holding facility would be discussed with the Sheriff's Department. In response to Councilmember Millhouse, Mr. Riley stated that sufficient funds would be budgeted to accommodate design changes. Colin Velasquez, 601 Moorpark Ave, requested that his commercial property be removed from consideration for City Hall expansion, as his property is on the State historical landmark list. He also stated he is concerned that redevelopment funds were proposed to be used for funding City Hall improvements and that this would be a violation of the use of Redevelopment Agency funds as allowed by State law. Eloise Brown, 13193 Annette Street, addressed the Council and requested that property owners be apprised of the total indebtedness of the Redevelopment Agency that was financed some years ago. She also expressed that she would like to see more public input relative to the bond indebtedness of the Redevelopment Agency. Council discussion followed regarding what components of the staff recommendation needed to be incorporated into a motion. Minutes of the City Council Moorpark, California Page 15 November 7, 2001 MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to: 1) Authorize staff to retain necessary consulting services for the issuance of $11,095,000 in tax allocation bonds within the next 90 days to take advantage of the present low interest rates; 2) Prepare documents necessary for the issuance of the tax allocation bonds for consideration by the Redevelopment Agency Board at a special meeting on November 13, 2001; 3) Initiate the appraisal process for the existing buildings in the civic center complex in anticipation of its ultimate purchase by the Redevelopment Agency; 4) Initiate the appraisal process for the privately -owned properties on Moorpark Avenue, High Street, and Fitch Avenue (update of previous appraisal) referenced in the agenda report; Solicit bids for the design and construction of the Public Works /Parks yard and police services center; and 5) to pend action on Budget and Financing Committee discussion of City Hall financing options. The motion carried by unanimous voice vote. D. Consider Canceling the Regular City Council Meetings of November 21, 2001 and January 2, 2002 and Deferring Selection of the Mayor Pro Tem until the December 5, 2001 Meeting. Staff Recommendation: 1) Direct staff to post a notice of meeting cancellation for the November 21, 2001, and January 2, 2002 regular City Council meetings; and 2) waive City Council Rules of Procedure and direct staff to schedule selection of Mayor Pro Tem for the December 5, 2001 regular meeting. Ms. Traffenstedt gave the staff report. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to: 1) Direct staff to post a notice of meeting cancellation for the November 21, 2001, and January 2, 2002 regular City Council meetings; and 2) Waive City Council Rules of Procedure and direct staff to schedule selection of the Mayor Pro Tem for the December 5, 2001 regular meeting. The motion carried by unanimous voice vote. E. Consider Proposed Development Agreement with West Pointe Homes, Inc. Staff Recommendation: Refer the Development Agreement to the Planning Commission for a public hearing on November 26, 2001, and set December 5, 2001, as the City Council public hearing date. Minutes of the City Council Moorpark, California Paqe 16 November 7, 2001 Mr. Kueny gave the staff report. Councilmember Harper requested that the development agreement include a requirement for use of photovoltaic technology. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to refer the Development Agreement to the Planning Commission for a public hearing on November 26, 2001, and set December 5, 2001, as the City Council public hearing date. The motion carried by unanimous voice vote. 11. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to approve the Consent Calendar, with the exception of Item 11.H, which was pulled for individual consideration. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Special Meeting of October 17, 2001. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register for Fiscal Year 2001 -2001 - November 7, 2001. Manual Warrants Voided Warrants Pentamation addit remittance copies Payroll Liability Warrants 107394 107538 105996 ional 107401 - 107400 & $403,434.31 - 107541 $ 2,245.77 & 106927 $ (1,584.82) - 107411 Regular Warrants 107412 - 107537 & 107542 - 107583 $ 15,289.84 $ 34,750.32 $346,192.79 Staff Recommendation: Approve the warrant register. C. Consider a Cooperative Agreement with the State Department of Health Services and Agencies Applying Pesticides for Public Health Purposes. Staff Recommendation: Approve the cooperative agreement and authorize Mayor and staff to execute the Agreement. Minutes of the City Council Moorpark, California Page 17 November 7, 2001 D. Consider Participation by Moorpark Residents at Monthly Household Hazardous Waste (HHW) Events Hosted by the City of Thousand Oaks. Staff Recommendation: Decline to approve a Household Hazardous Waste (HHW) Agreement with the City of Thousand Oaks, and direct staff to look into the desirability and feasibility of securing small business and HHW disposal opportunities with other jurisdictions. E. Consider Budget Amendment and Agreements for the Design Development of Arroyo Vista Community Park (AVCP) Phase II. Staff Recommendation: Adopt Resolution No. 2001 -1910, amending the FY 2001/02 budget by transferring $31,000 from the Community Zone of the Park Improvement Fund to the AVCP Phase II project budget, and authorize the City Manager to execute an agreement with Community Works Design Group. F. Consider a Resolution Revising the Appropriation and Budget for Project 8007, the Construction of 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 (Albertsons). Staff Recommendation: Adopt Resolution No. 2002 -1911, Revising the Appropriation and Budget for Project 8007 - Los Angeles Avenue and Tierra Rejada Road Double Left Turn Lane (Fund 2502) G. Consider Exoneration of Improvement Bonds for Mobil Automotive Service Station and Car Wash - Los Angeles Avenue /Liberty Bell Road (CPD 97 -1). Staff Recommendation: 1) Accept the improvements as complete; and 2) Authorize the City Clerk to exonerate the bonds outlined in the agenda report. I. Consider Resolution Supporting Application by Santa Monica Mountains Conservancy for Grant Funds for Tierra Rejada Greenbelt Open Space Preservation and Wildlife Corridor Protection Efforts. Staff Recommendation: Adopt Resolution No. 2001 -1912. The following item was pulled for individual consideration: H. Consider Reconveyance of Certain Street Rights -of -Way Required for the Construction of the Casey Road/ Walnut Canyon Road Traffic Siqnal Protect. Staff Minutes of the City Council Moorpark, California Page 18 November 7, 2001 Recommendation: 1) Authorize the City Manager to execute a Quitclaim Deed for the right -of -way, relinquishing to Moorpark Unified School District (MUSD) all interest in the right -of -way, and direct the City Clerk to provide for the recordation of that document; 2) Direct the City Clerk to execute a Certificate of Acceptance for a new Grant Deed for the right -of -way from MUSD to the City, and direct the City Clerk to provide for the recordation of those documents; and 3) Adopt Resolution No. 2001 -1913 authorizing the City Manager to execute a Grant Deed to Caltrans for the right -of -way and directing the City Clerk to forward said document to Caltrans for acceptance and recordation. Mr. Gilbert gave the staff report. In response to Mayor Hunter, Mr. Gilbert described the estimated timing of the reconveyance. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to: 1) Authorize the City Manager to execute a Quitclaim Deed for the right -of -way, relinquishing to Moorpark Unified School District (MUSD) all interest in the right -of -way, and direct the City Clerk to provide for the recordation of that document; 2) Direct the City Clerk to execute a Certificate of Acceptance for a new Grant Deed for the right -of -way from MUSD to the City, and direct the City Clerk to provide for the recordation of those documents; and 3) Adopt Resolution No. 2001 -1913 authorizing the City Manager to execute a Grant Deed to Caltrans for the right -of -way and directing the City Clerk to forward said document to Caltrans for acceptance and recordation. The motion carried by unanimous voice vote. 12. ORDINANCES: A. Consider Ordinance No. 274 to Revise and Update Chapter 10.04 of the Moorpark Municipal Code Regarding Parking Prohibitions. Staff Recommendation: Declare Ordinance No. 274 read for the second time and adopted as read. Mr. Montes read the title of Ordinance No. 274. Minutes of the City Council Moorpark, California Page 19 November 7, 2001 MOTION: Councilmember Harper, moved and Councilmember Wozniak seconded a motion to waive full reading of the ordinance. The motion carried by unanimous voice vote. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to introduce Ordinance No. 274 for first reading. The motion carried by unanimous voice vote. 13. CLOSED SESSION: Mr. Kueny announced that the City Council would be going into closed session for discussion of one case under Item 13.B. and Items 13.C., 13.F., and 13.H. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adjourn to closed session for a discussion of one case under Item 13.B. and Items 13.C., 13.F., and 13.H. on the agenda. The motion carried by unanimous voice vote. The time was 8:32 p.m. 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 to be discussed - 4) C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark and City Council of the City of Moorpark (Case No. SCO21825) 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 (Case No. SCO23388). H. 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. Minutes of the City Council Moorpark, California Page 20 November 7, 2001 The Council reconvened into closed session at 8:40 p.m. Present in closed session were all Councilmembers; Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened into open session at 9:40 p.m. Mr. Kueny stated that one case under Item 13.B. and Items 13.C., 13.F., and 13.H. were discussed and that there was no action to report. 13. ADJOURNMENT: Mayor Hunter adjourned t ATTEST: Deborah S. Traffens t City Clerk