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HomeMy WebLinkAboutMIN 2001 1003 CC REGMINUTES OF THE CITY COUNCIL Mooroark, California October 3, 2001 A Regular Meeting of the City Council of the City of Moorpark was held on October 3, 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 6:45 p.m. 2. INVOCATION: Pastor Tony Amatangelo, Life Spring Community Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Captain LeMay, Sheriff's Department, 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; Wayne Loftus, Director of Community Development; Mary Lindley, Director of Community Services; Walter Brown, City Engineer; Captain Robert LeMay, Sheriff's Department; Dana Shigley, Director of Administrative Services; Mike Mathews, Senior Management Analyst; Deborah Traffenstedt, Assistant to City Manager /City Clerk; La -Dell VanDeren, Deputy City Clerk 5. PROCLAMATIONS AND COMMENDATIONS: Mayor Hunter welcomed and introduced the newest members of the Moorpark Police Department, Sergeant Ricardo "Rick" Alaniz and Sergeant Doug Herder: A. Sergeant Alaniz joined Mayor Hunter at the podium. Mayor Hunter provided a brief history of Sgt. Alaniz' 30 -year service to the Ventura County Sheriff's Department and stated that his duties will Minutes of the City Council Moorpark, California Page 2 October 3, 2001 include the supervision of the field deputies as well as training coordinator in Moorpark. B. Sergeant Doug Herder also joined Mayor Hunter at the podium. The Mayor provided a summary of the positions that Sgt. Herder has held over the past 19 years within the Ventura County Sheriff's Department and stated that his responsibilities will include supervision of the field deputies, traffic concerns, and special events. 6. PUBLIC COMMENT: Heather Harper, Moorpark resident and returning Chair of the Moorpark Teen Council, introduced herself and other members of the Teen Council. Joining her were Brittany Stephens, returning member and newly elected Vice Chair, and Zahabiya Chithiwala, Andrea Green, and Taylor Skinner. Ms. Harper reported that the first teen event of the school year was conducted on September 21St. She stated that approximately 850 teens attended the After Dark Dance on that date. She continued by reporting that the Teen Council plans to be involved in many other events in the future including collaboration with Moorpark High School's Teens for Humanity program as the Teen Council's community services project. Gerald Goldstein, Moorpark resident, spoke relative to the enforced cleanup of his property. Councilmember Millhouse complimented the Community Services staff for the results of the successful attendance and the supervision provided at the After Dark Dance on September 21. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Mikos requested that Items 11.C. and ll.D. be pulled for individual consideration. Councilmember Harper requested that Item 11.E. be pulled for individual consideration. Councilmember Millhouse requested that Item 11.G. be pulled for individual consideration. Minutes of the City Council Moorpark, California Paae 3 October 3, 2001 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos, as a member of the Santa Monica Mountains Conservancy Advisory Committee, provided general information about concerns the Conservancy has expressed in a recent comment letter relative to the proposed State Route 118 Alamos Canyon interchange in Simi Valley and how it will impact the wildlife corridor in that region. Councilmember Millhouse requested a future agenda item at the next Council meeting for the Council to consider the approval of a subcommittee to meet with the County Supervisor on a regular basis of four- or six -week frequency to discuss mutual issues that impact the City of Moorpark. Councilmember Millhouse stated that no staff report is expected for this future agenda item. 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 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). Staff Recommendation: 1) Open the public hearing, accept public testimony; discuss and consider all comments; and 2) Continue this item, public hearing to remain open to October 7, 2001. Mr. Loftus gave the staff report. He offered a revised recommendation to the Council that this item be continued to the regular meeting of November 7, 2001. Mayor Hunter opened the public hearing. Vince Daly, West Pointe Homes, Inc., 31324 Via Collins, Thousand Oaks, applicant representative, addressed the Council. Mr. Daly highlighted a comparison of the former and the existing proposed project; a detailed summary of the proposed project relative to the topography, land use, environmental concerns, community amenities and Minutes of the City Council Moorpark, California Page 4 October 3, 2001 integration thereof, proposed architectural elevations, and the infrastructure as it relates to the interior and exterior of the project boundaries. He indicated that the Open Space Area utilization is yet to be determined by the Moorpark City Council. Mr. Daly further stated that negotiations with Pete Peters, an adjacent resident, are ongoing for the resolution of the trail connection from their property to the Toll Brothers property to Grimes Canyon Road by way of Mr. Peter's property. James Rasmussen, President, West Pointe Homes, Inc., 2020 Upper Ranch Road, Thousand Oaks, addressed the Council and stated that he was available to answer questions. Edward "Pete" Peters, Moorpark resident, addressed the Council. Mr. Peters stated that he is working with the applicant to settle their differences in relation to the proposed project. James Hartley, Moorpark resident, spoke in support of the proposed project. In response to Councilmember Wozniak's request for a summary of the Affordable Housing proposal for the project, Mr. Daly stated that the details will be addressed in the Development Agreement yet to be approved by the Council, but he will address the details now as he knows them. He stated the applicant is surveying sites to build 25 lots with detached units that allow development of the infrastructure to be accomplished concurrently with the total project. He stated the proposed site is adjacent to the major project and the negotiations are in progress. Mr. Daly stated they could bring specific diagrams with the layout of the affordable housing area to the next meeting. Councilmember Wozniak requested information about the appearance of the proposed water tanks to be constructed "in a saddle" within the development. In response to Councilmember Wozniak's concern that the water tanks not be visible, Mr. Daly said that further cross section diagrams would be prepared for Minutes of the City Council Moorpark, California Paqe 5 October 3, 2001 the next Council meeting to confirm and to qualify the company's claim that they will not be visible as sighted in the "saddle ". In response to Councilmember Mikos regarding what options are envisioned for the Open Space area, Mr. Daly said the proposed public Open Space would be transferred to the City, although the Developer would like to gain some tax credits for their contribution. He stated they will await the City's direction as to how and when the land transfer shall occur based on the Development Agreement requirements. Councilmember Mikos related that the Santa Monica Mountains Conservancy (SMMC) had a large tax credit dedication recently, and that she learned that the SMMC will hold property in an escrow situation to give to the City later to allow the Developer to qualify for a tax credit. In response to Councilmember Harper, Mr. Daly confirmed the developer did not consider one -acre lots for this development, because the one -acre plan was not economically feasible given the fee structure in the City. Councilmember Millhouse expressed concerns about the visibility of the water tanks to be constructed within the project and said that he concurs with Councilmember Wozniak's already expressed opinions. Mayor Hunter said that the increased traffic on Walnut Canyon Road is a major concern. He asked what is proposed to mitigate the danger to those residents who live in the homes who take access directly onto Walnut Canyon Road. In response to Mayor Hunter's concerns, Mr. Daly stated the developer, City staff, Toll Brothers, and SunCal have drafted a Walnut Canyon corridor plan to make it safer. Fred Cunningham, Crosby, Reed & Benton, the project engineer, addressed the Council regarding the Walnut Canyon corridor study. He said a comprehensive plan for all four of the entities along Walnut Canyon Road has been developed, including the SunCal, West Pointe Minutes of the City Council Moorpark, California Page 6 October 3, 2001 Homes, Toll Brothers, and the Morrison projects. He described the plan as follows from south to north: First, the existing center turn lane (marked with double broken lines) will be extended all the way from Casey Road to the proposed entrance of the West Pointe project, to allow safer approaches to the driveways that access directly on to Walnut Canyon Road; second, progressing beyond the entrance to the West Pointe project, the road will become two lanes with an expansion of the existing shoulders from the two -foot width to an eight -foot width on both sides of the road and extending this same alignment and cross section treatment for the remainder of the distance to the northern boundary; and third, they have detailed the y- intersection design for the Morrison (SP -2) property in accordance with that project's conditions of approval. Mr. Loftus stated that there is an additional strategy to improve the circulation /capacity on Walnut Canyon Road and it goes beyond modifying the existing roadway configuration to address only the safety aspect. He explained that the methodology includes dispersing the traffic to other critical points in the community so the circulation within the area is not troublesome. He cited examples as being the extension of Spring Road through Specific Plan 2 (Morrison) into a y- intersection north of the West Pointe project to funnel the traffic onto a new four -lane roadway rather than through Walnut Canyon Road to Moorpark Avenue. He also explained that the single public access into the West Pointe community ( "A" Street on the Tentative Tract Map) will connect into Specific Plan 1, and that the Planning Commission recommendation for the SunCal project is to have a primary access point into that project from the Spring Road extension. Councilmember Mikos commented that the next item on the agenda, relative to the proposed increase in mining truck traffic on Walnut Canyon Road, affects the entire Walnut Canyon Road corridor. She also discussed her preference for the proposed trails in this region to be referred to as "multi -use" trails instead of "multi- purpose" trails. She explained that multi -use trails have more funding sources for improvements than ones not referred to with that terminology. She also indicated that there are Minutes of the City Council Moorpark, California Paqe 7 October 3, 2001 aesthetic and user reasons for naming them and requiring them to be multi -use trails, which allow for walking, bicycling, and equestrian uses. Councilmember Mikos questioned two discrepancies in the documentation relative to this project. She stated the first one is the number of acres that are being proposed for Open Space dedication. She noted that several different figures have been provided and the documentation needs to be consistent with what the actual Open Space dedication acreage will be. Additionally, she stated that the dwelling unit per acre references are not consistent in the documentation, such as in the Planning Commission resolution. In response to Councilmember Mikos, Mr. Loftus stated that staff would clarify the discrepancies in the documentation. He stated that the numbers are correct, but appear to be inconsistent due to the context in which they are presented in the various documents. He said the density and the Open Space dedication figures will be clarified for the Council. Councilmember Mikos requested that references to the Groundwater Management Agency and the Ventura County Groundwater Management Agency be corrected to consistently refer to it as the Fox Canyon Groundwater Management Agency. She also requested the use of more native California plant species in the landscaping plan. Councilmember Harper said the Council had previously requested that a review and revision be made of the landscape guidelines and of the master list of plant materials to be used in landscaped projects. He indicated that this should be completed prior to the final approval of the landscape plan for this project. Mr. Loftus responded that this is an item that is in process. In response to Councilmember Harper's question relative to the location of the thrust fault on the property, Mr. Daly located it on the map and indicated that it has been determined to be an inactive fault. Minutes of the City Council Moorpark, California Paqe 8 October 3, 2001 Councilmember Harper stated that if there is a known fault on the property, he does not want to see homes built on the fault even if it is determined to be inactive. He requested that the traces of the fault be identified and that the plans be reviewed to see what building of homes, if any, is proposed in the area of the fault. Mr. Daly stated that he would provide further information to the City Council on the earthquake fault investigation findings. Councilmember Harper stated that he would like to see wading pools incorporated into the project. Mr. Daly said the community pool area would be a logical location for a wading pool, since there is a tot lot adjacent to the community pool. Councilmember Harper expressed concern about the visual aesthetics of the detention basins and questioned what is planned for landscaping these areas. Mr. Daly responded that the developer is also concerned about the appearance of these areas and that they will meet with the Flood Control District to propose that the developer gain control of the slopes so they can be landscaped properly to avoid an unpleasing appearance. He stated that he would bring back an exhibit showing landscaping of the detention basin slope. In response to Councilmember Harper, Mr. Daly said he does not believe that the Flood Control District will allow any recreational uses near the detention basins, but he will pose the question to them at their next meeting. Councilmember Mikos requested staff participation to encourage the Ventura County Flood Control District to allow more aesthetic treatment for the flood control feature of the project. In response to question from Mayor Hunter, the City Clerk confirmed that one speaker card was received Minutes of the City Council Moorpark, California Paqe 9 October 3, 2001 late and that the Council would have to waive its Rules of Procedures to receive the speaker card. Mayor Hunter asked if there was a motion to waive the Rules of Procedure and accept the late speaker card. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to waive the Council's Rules of Procedure and to accept the late speaker card. The motion failed by voice vote 2 -3, Councilmember Millhouse, Councilmember Wozniak, and Mayor Hunter dissenting. In response to Council question, Mr. Loftus recommended that this item be continued to November 7, 2001. Councilmember Mikos suggested that it be continued until October 17, as that will be ample time for the Council to review new materials that will be provided to them. Mr. Loftus discussed the Development Agreement timing and suggested that the continuance of this item to November 7 would allow the process for the Development Agreement proposal to be on schedule concurrently with this item. Mr. Kueny stated that he concurs with Councilmember Mikos to continue this item to October 17th to allow Council questions and to let the item go forward. He indicated that the Ad Hoc Committee will require more information to provide a final recommendation relative to the Development Agreement and continuing this item to the next meeting will further that process. MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded a motion to continue the public hearing open to October 17, 2001. The motion carried by unanimous voice vote. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Letter to Ventura County Relating to Proposed Modifications to Aggregate Mining Operations in Unincorporated Ventura County for Grimes Rock (CUP 4874, Best Rock Products (CUP 4571); County of Minutes of the City Council Moorpark, California Paqe 10 October 3, 2001 Ventura. (Continued from September 19, 2001) Staff Recommendation: Direct staff as deemed appropriate. Mr. Loftus gave the staff report. Councilmember Harper asked if there is specific language that can be incorporated into the letter putting the County on notice that in the Council's opinion allowing these additional trips may pose a serious health and safety burden on the City of Moorpark. Mr. Loftus stated that in past letters to the Board of Supervisors he has incorporated concern about the trucks going past the library, two schools, senior center, through a business district, and all of the sensitive receptors that characterize the Walnut Canyon Road corridor. Councilmember Harper suggested the assistance of the City Attorney to determine the language to be used in the letter. He stated that in the event of an accident happening as a result of the increased truck traffic, he wants the injured party to be able to take legal action against the County. Councilmember Millhouse commented that the first paragraph of the letter needs to be more succinct expressing that: "The City is already overburdened with truck traffic. No more trucks should be permitted. The Major Modification should be denied in its entirety." He also said that he wants advance notice of the hearings and that the City should work with the City of Fillmore to insist on denial of the Major Modification. Councilmember Hunter reported that he testified on behalf of the City in 1996 when a similar plan was approved by the County and one of the mining companies received a significant increase to their allotted number of truck trips. Mayor Hunter commented that a brief detail of the efforts that the City of Moorpark has made to revitalize its downtown area and the impact that increased truck traffic will make on those efforts should be incorporated into the letter. Additionally, Minutes of the City Council Moorpark, California Paqe 11 he stated he wants to see a included to exhibit the level over the past 3 years, 5 years, October 3, 2001 spreadsheet or a matrix of increase in traffic and 10 years. Mayor Hunter commented that the letter should state that Saturday, Sunday and holiday operations should be prohibited. He also stated that he agrees with Councilmembers Millhouse and Harper that the City stands united on its opposition to this proposal and the effect that it would have on the community. He requested that the letter state the City's opposition to the project, but also include language that should this project be approved, the City would like to suggest mitigation measures. Councilmember Wozniak stated the Council needs to send a letter containing each Councilmember's signature to the County Board of Supervisors and not only to County staff. He suggested that the wording in the letter express that the City is adamantly and vehemently opposed to any additional mining traffic on State Routes 23 and 118 of any sort. He also recommended that language be added to request that further public hearings be held at a time and a place where people can attend the hearing in Moorpark and that the letter be sent to each County Supervisor. Mayor Hunter suggested that the letter be from City staff to County staff and, in addition, the Council can consider at its next meeting on October 17 a resolution expressing strong opposition to this project. He also suggested that a copy of that resolution, along with a cover letter, be given to the City Council in Fillmore and to the Board of Supervisors. Councilmember Harper indicated that the City must start sending communications to all five County Supervisors and not just to the 4th District Supervisor. Councilmember Mikos stated that explicit language must be used with regard to the proposed mitigation measures that the City expects. She requested that the City Attorney strengthen the language in the letter to compel the County to perform more of the mitigation measures that the City will recommend than Minutes of the City Council Moorpark, California Paae 12 October 3, 2001 they might otherwise accomplish. She requested that on page 5 of the letter, deleting the word "suggested" in the phrase "suggested mitigation measures." She suggested that a statement be added to the beginning of that section that reads, "The City of Moorpark strongly urges (or demands) that the following mitigation measures and conditions be required as part of any project approval if you approve this project despite the City's objections." Councilmember Mikos additionally commented that relative to Item 10. of the Mitigation Measures /Conditions, the mineral /aggregate operators should not just participate in the study of the development of a new transit corridor, but should also financially participate in the study as well. She stated that relative to Item 9. of the Mitigation Measures /Conditions, the language should be amended to read "Saturday, Sunday, and holiday truck - hauling transit shall be prohibited." In response to Mayor Hunter, Mr. Montes stated that at this stage in the process, the County is soliciting comments on the traffic study and the City does not have the ability to condition the project. However, the City does have the ability to request mitigation measures and to raise objections. MOTION: Councilmember Millhouse moved and Councilmember Wozniak seconded a motion to: 1) Direct staff to revise the letter to County staff to incorporate the Council comments as follows: Language to be more explicit with items being stated in an active sense rather than passive; the wording of Mitigation Measure Condition No. 9 to be modified to read "Saturday, Sunday, and holiday truck - hauling transit shall be prohibited "; a spreadsheet exhibiting the 3 -year, 5 -year, and 10 -year traffic increases to be included with the letter; the first paragraph of the letter to state that the Council is opposed to the Major Modification; the letter to request the scheduling of the public hearings relative to this proposal locally at a time and place that the public will be able to attend; and specific language to be incorporated stating that it is the Council's opinion that allowing these additional trips may pose a serious health and safety burden on the City of Moorpark; 2) Direct staff to prepare a resolution expressing the City's opposition to the proposed Major Modification for the Minutes of the City Council Moorpark, California Paae 13 October 3, 2001 meeting of October 17, 2001; 3) Direct staff to invite the City of Fillmore to participate in the efforts of opposition to the approval of this proposal; and 4) Direct staff to send a copy of the letter and all future communications relative to this proposal to all five members of the County Board of Supervisors. The motion carried by unanimous voice vote. B. Consider Cooperative Agreement Between the City and the Ventura County Flood Control District for the Sharing of Information and Data Related to the Management of the Calleguas Creek Watershed. Staff Recommendation: 1) Approve the Cooperative Agreement for Sharing Data on the Calleguas Creek Watershed and authorize the City Manager to sign said document, subject to final language approval by the City Manager and the City Attorney; 2) Authorize payment of $80,000 to the District as provided for in said Agreement; and 3) Adopt Resolution No. 2001 -1898 amending the Budget to provide for said expenditure. (ROLL CALL VOTE REQUIRED) Mr. Kueny gave the staff report. Mayor Hunter questioned if it is possible for the City to spread the payment of the $80,000 to the County over two successive years with $40,000 being paid each year. Mr. Kueny responded that he has not been a party to the discussions relative to this item. He suggested that the Council could direct staff to bring this item back on the next agenda with that information, or the Council could choose to approve the item this evening and direct staff to explore the ability to spread out the payment over a longer period. Mayor Hunter said he prefers to approve the item and direct staff to explore the possibility of spreading out the payment to the County. He indicated that he sees no need for the item to come back for consideration on a future agenda. In response to Councilmember Harper, Mr. Kueny explained that the fee being charged to the City is not calculated on a per capita or on an acreage basis, Minutes of the City Council Moorpark, California Page 14 October 3, 2001 but is being made available to the City as an agency at the same cost as other participating cities. Mayor Hunter requested that staff inquire as to how the $80,000 fee was established. Mr. Kueny indicated that it has come to his attention in the agreement that a four - payment schedule is provided with increments being due upon delivery of items. He will obtain additional information to establish the time period that this schedule encompasses and get back to the Council with a box item. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to: 1) approve the Cooperative Agreement for Sharing Data on the Calleguas Creek Watershed and authorize the City Manager to sign said document, subject to final language approval by the City Manager and the City Attorney; 2) Authorize payment of $80,000 to the District as provided for in said Agreement; and 3) adopt Resolution No. 2001 -1898 amending the Budget to provide for said expenditure. The motion carried by unanimous roll call vote. 11. CONSENT CALENDAR: MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to approve the Consent Calendar, with the exception of Items 11.C, 11.D, 11.E., and 11.G, which were pulled for individual consideration. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Regular Meeting of June 6, 2001. Consider Approval of Minutes of Special Meeting of September 19, 2001. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register for Fiscal Year 2000 -2001 - October 3, 2001. Manual Warrants 107013 - 107014 $ 4,598.78 Voided Warrant 106846 $ (105.00) Minutes of the City Council Moorpark, California Page 15 October 3, 2001 Payroll Liability Warrants Regular Warrants 107224 - 107233 $ 15,412.24 107117 - 107223 &$ 29,321.42 107234 - 107266 $ 602,628.47 Staff Recommendation: Approve the warrant register. F. Consider Adoption of a Budget Resolution, Amending the FY 2001/02 Budget to Allocate Funds for the City Hall Annex Back -Up Power. Staff Recommendation: Adopt Resolution No. 2001 -1899, amending the FY 2001/02 Budget for electrical engineering services for City Hall back -up power, and direct staff to solicit bid proposals for connection services. (ROLL CALL VOTE REQUIRED) H. Consider Bids for 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 [Albertson's]. Staff Recommendation: Approve the selection of Nye & Nelson, Inc. to construct the subject project. I. Consider Adoption of Resolution Funding Plan Review Costs for the County of Ventura's Moorpark Road Realignment Project. Staff Recommendation: Adopt resolution No. 2001 -1900. (ROLL CALL VOTE REQUIRED) J. Consider Approving Recommended Artistic Rock Fountain /Waterscape Presentation at Southwest Corner of Tierra Rejada and Mountain Trail (Mountain Meadows Plaza) as a Part of the City's Art in Public Places Program and Appropriate $100,000 from the Arts in Public Places Fund for the Project. Staff Recommendation: 1) Approve a proposed Artistic Rock Fountain /Waterscape presentation at Southwest Corner of Tierra Rejada and Mountain Trail (Mountain Meadows Plaza) as submitted by Rock Designs, Inc. and recommended by the Ad Hoc Committee; and 2) Adopt Resolution No. 2001 -1901 amending the 2001 -2002 Operating Budget appropriating $100,000 from the Arts in Public Places Fund. (ROLL CALL VOTE REQUIRED) The following items were pulled for individual consideration. Minutes of the City Council Moorpark, California Page 16 October 3, 2001 C. Consider Procurement of Two (2) Transit Buses. Staff Recommendation: Authorize staff to initiate procurement of two new buses not to exceed $300,000 using the State Department of General Services contract with Creative Bus Sales, including a supplemental inspection services agreement, and to surplus the 1995 GMC Champion, subject to final approval by the City Manager. Councilmember Mikos stated she pulled this item to discuss the possibility of purchasing buses that use a cleaner fuel than the proposed diesel fuel. John Brand explained that the bus contract is bid through a state procurement contract so the specifications are fixed. He noted that to purchase vehicles that use the alternative fuel, compressed natural gas (CNG), would raise the price per vehicle by approximately $15,000. Additionally, he stated the CNG fuel tanks require more space in the vehicle so the seating capacity would be reduced by approximately 4 seats per vehicle using this type of fuel. He explained that one option would be to purchase a longer bus at a cost of approximately $5,000 more. He also stated that another consideration is that the nearest CNG fueling station is located in Thousand Oaks, unless the City would ultimately construct a local fueling station. Councilmember Mikos asked how long it would take to construct a CNG fueling station in the City and if there are other vehicles that would utilize it if it were available. Mr. Kueny stated that there are other vehicles in the City's fleet that are optional CNG. He offered the option that this item can be delayed for two weeks to allow staff to examine the feasibility of fueling either short term or long term at Thousand Oaks, storing the bus in Thousand Oaks if permitted by that City, and reviewing the possibility of adding a fueling station in the City of Moorpark. CONSENSUS: By consensus, the Council determined to continue this item to October 17, 2001. Minutes of the City Council Moorpark, California Paae 17 October 3, 2001 D. Consider Resolution Rescinding Resolution No. 98 -1488, which Directed the Filing of an Application Requesting that the Local Agency Formation Commission Approve the Extension of the City's Sphere of Influence Boundary and Corporate Limits by the Annexation and Incorporation of the Hidden Creek Ranch Specific Plan. Staff Recommendation: Adopt Resolution No. 2001 -1902. Councilmember Mikos explained that she pulled this item to bring it to the attention of the public and to clarify what the Council is actually voting on if this is adopted. She noted that they are voting to withdraw the application for the annexation and Sphere of Influence modification of the former Hidden Creek Ranch project. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to approve Resolution No. 2001 -1902. The motion carried by unanimous voice vote. E. Consider Budget Amendment for the Purchase of Soccer Goals. Staff Recommendation: Adopt Resolution No. 2001 -1903, amending the FY 2001/02 Budget by appropriating $3,500 from the General Fund Balance to the Park's Division expenditure budget. (ROLL CALL VOTE REQUIRED) Councilmember Harper questioned if it is appropriate to charge AYSO for the difference in the cost for the upgrade of this equipment. In response to Councilmember Harper, Ms. Lindley explained that AYSO had identified soccer goals that exceeded the City's budget for this item. She also stated that in the past it has been common for youth athletic groups to contribute to the cost if they need or want equipment that exceeds the City's budgeted funds. Councilmember Harper explained that he wanted to explore the possibility of returning the $3,500 to AYSO, since the equipment is in fact City equipment. Mayor Hunter supported the concept of refunding the money to AYSO and suggested that it could be better used for scholarships for children who want to Minutes of the City Council Moornark. California Paae 18 October 3, 2001 participate, but are unable to do so because of financial concerns. MOTION: Councilmember Harper moved and Mayor Hunter seconded a motion to refund to AYSO the $3,500, which had been paid as the AYSO's contribution for the upgrade of the soccer goals, with the suggestion that the money be used to fund scholarships for children who want to participate in the program. The motion carried by unanimous voice vote. Mr. Kueny advised the Council that another action is required to cover the actual cost of the soccer goals and that is to consider the appropriation of $2,710 from the General Fund Reserve and the adoption of Resolution No. 2001 -1903 as amended. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to: 1) appropriate $2,710 from the General Fund Reserve to fund the actual cost of the soccer goals; and 2) to adopt Resolution No. 2001 -1903 as amended. The motion carried by unanimous roll call vote. G. Consider the Completion of Arroyo Vista Community Park Phase II, Authorize an Agreement for Project Management, and Adopt Budget Amendment Resolution. Staff Recommendation: 1) Direct staff to proceed with the AVCP Phase II improvements as outlined in the agenda report; 2) authorize the City Manager to sign an agreement with a project manager at a cost not to exceed $6,000; and 3) adopt Resolution No. 2001 -1904, amending the FY 2001/02 budget. (ROLL CALL VOTE REQUIRED) Councilmember Millhouse stated he requested that this item be pulled to emphasize that completion of this project is one of the top ten goals of the City. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to 1) direct staff to proceed with the AVCP Phase II improvements as outlined in the agenda report; 2) authorize the City Manager to sign an agreement with a project manager at a cost not to exceed $6,000; and 3) adopt Resolution No. 2001 -1904, amending the FY 2001/02 budget. The motion carried by unanimous roll call vote. Minutes of the City Council Moorpark, California Paae 19 October 3, 2001 12. ORDINANCES: None. 13. CLOSED SESSION: Mr. Kueny announced that the City Council would be going into closed session for discussion of Item 13.B. (three cases), Item 13.C., Item 13.D., Item 13.F. and Item 13.G. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to adjourn to closed session for a discussion of three cases under Item 13.B., and Items 13.C., 13.D., 13.F. and 13.G. on the agenda. The motion carried by unanimous voice vote. The time was 9:02 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 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) D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark and City Council of the City of Moorpark (Case No. SCO22256) F. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Hidden Creek Ranch, LP, a California Limited Partnership and Messenger Investment Company, Inc., a California Corporation vs. The City of Moorpark and City Council of the City of Moorpark (Case No. SCO23388) G. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: 30 Flory Avenue City Negotiator: Steven Kueny, City Manager Minutes of the City Council Moorpark, California Paqe 20 October 3, 2001 Negotiating Parties: The City of Moorpark and Moorpark Unified School District Under Negotiation: Price and terms of lease Present in closed session were Councilmembers Harper, Mikos, Millhouse, Wozniak and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Wayne Loftus, Director of Community Development; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened into open session at 10:40 p.m. Mr. Kueny announced that three cases under Item 13.B., and Items 13.C., 13.D., 13.F. and 13.G. were discussed and that there was no action to report. 14. ADJOURNMENT: Mayor Hunter adjourned the meeting at 10:40 p.m. ATTEST: ..� Deborah S. Traffen edt City Clerk