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HomeMy WebLinkAboutMIN 2001 1205 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California December 5, 2001 Regular Meeting of the City Council of the City of Moorpark was held on December 5, 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 6:50 p.m. 2. INVOCATION: Pastor; Tony Amatangelo, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Counclmember Millhouse 4. ROLL CALL: from Life Spring Community Church, led the Pledge of Allegiance. Present: Councilmembers Harper, Mikos, Millhouse, Wozniak, and Mayor Hunter Staff 'Present: Steven Kueny, City Manager, Joseph Montes, City Attorney; Bradley Wohlenberg, Assistant City Attorney; Hugh Riley, Assistant City Manager; Ken Gilbert, Public Works Director; Mary Lindley, Community Services Director; Dana Shigley, Administrative Services Director; Captain Robert LeMay, Sheriff's Department; Walter Brown, City Engineer; John Libiez, Planning Manager; Deborah Traffenstedt, Assistant to City Manager/ City Clerk; and La -Dell VanDeren, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: A. Consider Selection of Mayor Pro Tem. Staff Recommendation: Select a Mayor Pro Tem. Nis. Traffenstedt gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated that there are no public speakers for this item. Minutes of the City Council Moorpark, California Page 2 December 5, 2001 Councilmember Harper said that Councilmember Wozniak has advised him that it is typical for the seated Mayor Pro Tem to nominate a successor for this position on the Council. MOTION: Councilmember Harper moved and Councilmember Millhouse seconded a motion to nominate Councilmember Mikos for Mayor Pro Tem. The motion carried by unanimous voice vote. 6. PUBLIC COMMENT: Christine Hester, a Moorpark resident, addressed the Council as a representative of the organization Concerns of Police Survivors (COPS) and as a member of the Moorpark Kiwanis Club. She asked the Council and the community to support Project Blue Light. She explained that Project Blue Light is the placement of blue lights outdoors or indoors to symbolize the remembrance of public safety personnel who have given their lives in the line of duty. She stated that the Moorpark Kiwanis Club has adopted Project Blue Light as one of their projects and will be stringing blue lights on the Moorpark Police Station. Gerald Goldstein, a Moorpark resident, discussed safety concerns relative to the potential for broken fluorescent light fixtures in the Citrus Room and the Senior Center in the event of an earthquake. He also discussed concerns relative to a training demonstration conducted by the Ventura County Fire Department on Poindexter Avenue in Moorpark. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mayor Hunter requested that Item 9.E. be reordered as the first public hearing item since there are numerous speakers present to hear this item. CONSENSUS: By consensus, the Council determined to reorder the agenda to consider Item 9.E. on the agenda as the first public hearing. Minutes of the City Council Moorpark, California Page 3 December 5, 2001 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Millhouse requested a future agenda item to consider the signage being permitted for private used car sales in the City. Councilmember Harper requested a future agenda item to consider dedicating the public art at the Von's Center to the victims and heroes of the September 11, 2001, tragedy and memorialize it with a plaque. CONSENSUS: By consensus, the Council determined to consider on the City Council agenda of December 19, 2001, the dedication of the art located at the Von's Center to the victims and heroes of the September 11 tragedy. Mayor Hunter announced upcoming teen and community holiday events. 9. PUBLIC HEARINGS: E. Consider Draft Ordinance Regulating Wireless Communications Facilities within the City of Moorpark by Adding Chapter 17.42 and Amending Chapters 17.08 and 17.20 of Title 17, Zoning, of the Moorpark Municipal Code (Zoning Ordinance Amendment No. 2001- 03). Staff Recommendation: 1) Open the public hearing, take public testimony, and close the public hearing; 2) Waive full reading and introduce Ordinance No. for first reading; and 3) Direct staff to schedule extension of the moratorium ordinance for the December 19, 2001 regular meeting. Ms. Traffenstedt gave the staff report. She requested that Assistant City Attorney, Mr. Wohlenberg, be allowed to provide additional information to the Council relative to the legal review of the draft ordinance and communications that have been received by the City from the legal counsel for AT &T and Sprint. Mr. Wohlenberg stated that one issue relative to the comments received from the carriers is that the communications were received this week and there is a need for additional time to address those communications. He stated that they have conferred with some of the members of the industry who are Minutes of the City Council Moorpark, California Paae 4 December 5, 2001 present relative to requesting an extension of the moratorium from the Council. He stated that the moratorium that is in place is set to expire in early January and he is requesting the consideration of an extension of the moratorium for 30 - 60 days to address the ordinance changes suggested by the industry representatives. In response to Mayor Hunter, Mr. Wohlenberg stated that an extension of the moratorium would be of benefit to the City of Moorpark. He stated that the City wants to craft an ordinance that will meet the aesthetic requirements of the City, and one that does not pose an overly onerous process on the carriers, because there is a demand for these services. He stated that it is of concern that Federal law is not violated by preventing the provision of these services, but that the interests of the community are addressed as well. Councilmember Mikos asked how many of the carriers have agreed to the extension of the moratorium. Mr. Wohlenberg stated that there are five major wireless carriers and that at least three of them, AT &T, Sprint, and Verizon, have concurred with the extension. Mayor Hunter asked Mr. Wohlenberg to summarize the anticipated changes to the proposed ordinance that will result from the discussions with the carriers if the moratorium is extended. Mr. Wohlenberg stated that in most cases the changes to the ordinance would be relatively minor. He stated that staff wants to be certain that the ordinance will withstand legal challenge and the test of time. He also stated that they might bring back for Council consideration a process to encourage smaller antennas or smaller installations as opposed to larger installations. He stated that having time to create alternatives for the Council's consideration is in the best interest of the City. In response to Mayor Hunter, Mr. Wohlenberg stated that the City of Alhambra ordinance, after which this Minutes of the City Council Moorpark, California Page 5 December 5, 2001 proposed ordinance is modeled, has not been legally challenged. Mayor Hunter opened the public hearing. Guy Gullo, a Moorpark resident, addressed the Council and expressed support of the proposed ordinance. Hugh Finlay, a Moorpark resident, spoke in support of the proposed ordinance. He suggested the following items be included in the ordinance: 1) that the antennas should be located in an area where a buffer zone of at least 200 feet from a residential use be strictly enforced; 2) public access to the records for both calculated and measured radiation data for each system be available and that it be verified by an independent, wireless professional and data should be generated for a worst -case scenario with maximum loading on all channels; and 3) the establishment of sites should be located where they do not impact homeowners and /or property values. Tony Banducci, a Moorpark resident, stated he was representing 60 residents who were in support of the proposed ordinance. Edward Geivet, a Moorpark resident, spoke in support of the proposed ordinance. Ms. Traffenstedt reported that six written statement cards in support of the proposed ordinance were received from the following Moorpark residents: Bob Demyan, Palma Friery, Tony Geivet, Jeannie Gullo, Lisa Hardy, and Tom Hardy. Councilmember Harper stated that the yearly field survey is a requirement of the FCC. He asked how this requirement would be incorporated into the proposed ordinance. Mr. Wohlenberg stated that this requirement could be included in the ordinance as a Conditional Use Permit condition. Councilmember Harper commented that on page 3 of the staff report dated November 29, 2001, it is stated that Sprint requests an exemption for Microcell Minutes of the City Council Moorpark, California Page 6 December 5, 2001 technology under specified conditions. He stated that he opposes that exemption. Mr. Wohlenberg stated that Councilmember Harper's concern could be addressed in the proposed ordinance. Councilmember Harper stated his concerns if a carrier objects to removing/ relocating equipment and delays a City project as a result of the nonremoval /delayed relocation of the equipment. He suggested that language be included in the ordinance to control and regulate the relocation /removal of carrier equipment. Mr. Wohlenberg stated that this item can be addressed in the proposed ordinance. Councilmember Harper stated that on stamped page 84 of the proposed ordinance in the staff report dated November 29, 2001, subsection c. is a concern for him regarding who makes the decision on the length of the horizontal extension for a utility mounted facility. He requested clarifying language. Councilmember Harper stated that the use of the word, "should" versus "shall" on stamped page 87, subsections 4 and 5, weakens the ordinance. Mr. Wohlenberg explained that the difference in language was that this was a guidelines section. Councilmember Harper requested that staff respond to Mr. Findlay's comments. Mayor Hunter discussed colocation, a change to the wireless communications facility definition, and the need for Section 17.42.080.D to have requirement language. Councilmember Mikos questioned whether there was a way to state that the guidelines are required to be considered and apply the ones that are appropriate. Mr. Montes stated that staff would look at the draft ordinance to determine changes to the guidelines section. Minutes of the City Council Moorpark, California Page 7 December 5, 2001 Councilmember Millhouse stated his support to make the carrier comments available to the public. Mr. Kueny stated that the formal comments from the wireless communication carriers are available by contacting the City Clerk's Department. Councilmember Wozniak spoke in support of the draft ordinance. He stated it would be helpful to let residents know where sites are located and will be located. In response to Mayor Hunter, Mr. Montes suggested that the December 19 meeting the Council could extend the moratorium by 60 days. Mr. Kueny recommended a 90 -day extension of the moratorium due to the City Council's holiday meeting schedule and resulting cancellation of the January 2, 2002 meeting. He suggested continuing the public hearing open to January 16, 2002. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to continue the public hearing open to the regular City Council meeting of January 16, 2002; and directed staff to schedule consideration of the extension of the moratorium ordinance for the regular City Council meeting of December 19, 2001. The motion carried by unanimous voice vote. W Consideration of Certification of 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 November 7, 2001.) Staff Recommendation: Continue to accept public testimony and continue the public hearing to December 19, 2001. Mr. Libiez gave the staff report. Mayor Hunter stated that the public hearing remains open. Minutes of the City Council Moorpark, California Page 8 December 5, 2001 Vince Daly, 31304 Via Colinas #103, Westlake Village, addressed the Council as a representative of West Pointe Homes. Mr. Daly provided a brief history of the project and a summary of discussions conducted at prior City meetings. He also explained circulation issues within the project including the width of "A" Street. Mayor Hunter asked what the Class 1 impacts would be. Josh Janowicz, representing The Planning Corporation as the City's consultant, explained the order of Class 1, 2, and 3 impacts in the Environmental Impact Report (EIR) summary table. In response to Mayor Hunter, Mr. Janowicz stated that all Class 1 impacts can be mitigated to less than significant. Mr. Janowicz also stated that during review of the project, there were noted General Plan inconsistencies; however, the revised project is considered consistent with General Plan policies. Mayor Hunter asked if this proposed project is in compliance with the City's Hillside Ordinance. Mr. Libiez stated that it is in compliance with the Hillside Ordinance and he discussed the contour grading that has been proposed for the site development. Councilmember Mikos discussed her meeting with the applicant relative to the Mitigation Monitoring Plan. She stated that the monitoring language needs to be strengthened. Councilmember Mikos also discussed the prohibited plant list and made recommendations for including colorful native plants into the acceptable plants for the proposed project. Councilmember Harper asked about the homeowner disclosure requirement for the existing earthquake fault. Mr. Daly responded that West Pointe Homes would comply with that requirement. Minutes of the City Council Moorpark, California Page 9 December 5, 2001 In response to Councilmember Harper, Richard Pool, the applicant's traffic engineer, discussed the traffic model data. He stated that the collector street shown as "A" Street, could accommodate 10,000 more or less average daily traffic trips. Mr. Pool suggested the City Attorney provide an explanation relative to the court decision about prohibiting cities from limiting truck routes. Mr. Montes summarized the case, and stated that his opinion was the City could still regulate truck routes at this time. Mr. Pool stated that "A" Street would not be a desirable route for trucks. Councilmember Wozniak requested an update on the affordable housing portion of the proposed project. Mr. Daly referenced that the Development Agreement specifies that ten very low income units and fifteen low income units be provided. Councilmember Millhouse spoke relative to the "A" Street placement and configuration. He expressed a need for traffic calming in this area and a concern that if "A" Street is wider than four lanes, it may attract more vehicular trips. Mr. Pool stated that this area may not be He stated that the ci roundabout approach, and would necessitate by stating that he traffic requires four the amount of future traffic in much higher than at the present. rculation could consider use of a but that requires a wide width a lot of grading. He continued does not believe the projected lanes for "A" Street. Mr. Kueny discussed the issue of what the constraints to future widening would be if inadequate right of way width is reserved for "A" Street. He suggested that the Council can direct staff to do a more extensive study or plan for a wider right -of -way and then make a decision prior to the first final tract map approval. Councilmember Harper concurred with requiring dedication of the four -lane width right -of -way and then construct two lanes and landscape the remainder. Minutes of the City Council Moorpark, California Page Mr. Kueny suggested prior to first final it is unlikely for there is a decision roadway width. 10 December 5, 2001 that the Council defer a decision map. He stated that once built, a rebuild consideration unless to locate walls at the ultimate James Hartley, a Moorpark resident, expressed his support of the proposed project. He stated that traffic may divert to Grimes Canyon Road or to Spring Road in the future. Mr. Kueny stated that trucks were not proposed to be diverted onto Spring Road. He continued by stating that Ventura County is attempting to require mining truck trips to remain on Walnut Canyon Road. There being no further Council discussion, the following motion was heard. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to continue the public hearing open to the regular City Council meeting of December 19, 2001. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, the City Council took a recess. The time was 8:40 p.m. The City Council meeting reconvened at 9:00 p.m. 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. (Continued Open Public Hearing from City Council meeting of November 7, 2001.) Staff Recommendation: 1) Accept testimony; and 2) Continue public hearing to January 16, 2002. Mr. Libiez gave the staff report. Mayor Hunter stated that this is a continued open public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated that there are no public speakers for this item. Minutes of the City Council Moorpark, California Paqe 11 December 5, 2001 MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to continue the public hearing open to the regular City Council meeting of January 16, 2002. The motion carried by unanimous voice vote. C. Consider Resolution Approving the Mitigated Negative Declaration /Environmental Assessment for the Los Angeles Avenue Widening Project: Spring Road to Moorpark Avenue (Project 8013). Staff Recommendation: Adopt Resolution No. 2001 -1916 approving the Mitigated Negative Declaration and Expanded Initial Study /Environmental Assessment, finding that the document is an accurate and complete representation of the environmental effects of the project. Mr. Gilbert gave the staff report. Mayor Hunter noted that this continued public hearing remained open, and there being no public speakers for this item, closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to adopt Resolution No. 2001 -1916 approving the Mitigated Negative Declaration and Expanded Initial Study /Environmental Assessment, finding that the document is an accurate and complete representation of the environmental effects of the project. The motion carried by unanimous voice vote. D. Consider Development Agreement No. 2001 -01 for West Pointe at North Ranch (General Plan Amendment 99 -01, Zone Change 99 -01, Residential Planned Development 99- 02 and Vesting Tentative Tract Map 5187) on the Application of West Pointe Homes, Inc. Staff Recommendation: 1) Open the public hearing, take public testimony and continue the public hearing; and 2) Introduce Ordinance No. , for first reading at same time as Zoning Ordinance for Zone Change 99 -01. Mr. Kueny gave the staff report. He stated that there are two outstanding issues relative to this project: 1) The affordable housing component; and 2) the width of "A" Street and the right of way required within the project. Minutes of the City Council Moorpark, California Paue 12 December 5, 2001 Councilmember Harper asked for language that obligates West Pointe Homes to incorporate photovoltaic devices in their construction of the homes. In response to Councilmember Harper, Mr. Kueny agreed that the suggested photovoltaic language can be included in the Development Agreement. Councilmember Mikos asked if there is sufficient right -of -way to make "A" Street a four -lane roadway. Mr. Kueny stated that this is one of the issues the committee will review and come back with an answer to that question in the proposed final draft of the Development Agreement. Mayor Hunter opened the public hearing. Vince Daly, 31304 Via Colinas, #103, Westlake Village, stated he was present as a representative of West Pointe Homes and was available to answer questions only. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to continue the public hearing open to December 19, 2001. The motion carried by unanimous voice vote. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Memorandum of Understanding (MOU) with North Park Village LP for Processing of Environmental Document, General Plan Amendment, Specific Plan and Related Entitlements (portion of former Specific Plan No. 8 Hidden Creek Ranch). Staff Recommendation: Approve Memorandum of Mayor to sign it. Understanding and authorize the Mr. Kueny gave the staff report. Mr. Kueny stated the following proposed changes to the Memorandum of Understanding. He stated that Section 1.1, second line, the words "the Property" in parentheses would be stricken and the sentence would end after MOU. In the third line of that paragraph, Mr. Kueny stated a proposed change that eliminates the words "the Property" would be modified to read "for Minutes of the City Council Moorpark, California Paae 13 December 5. 2001 said real property "; and the period would be deleted and the next two words "the property" would be stricken and the word "which" would be inserted and the next to last line of this recital the words "the property" would be replaced with the words "this property "(lower case to the word property). Also, Mr. Kueny referenced the third line of recital of 3.1, to be amended to add an additional "C" into the acronym of the Community College District; and also on the fourth line of this recital add after the word "acres" add (the Property) in quotes to emphasize all three ownerships of the properties as described. Mr. Kueny also added that in Section 2.1 on the next to last line between the words "City's" and "Sphere ", add the word "existing." He also added that in Section 4. 1, sixth line between the words "Hidden" and "Ranch ", add the word "Creek." Mr. Kueny continued by stating that another amendment is that Section 5.1 at the very beginning after the heading "entitlements" after the word "the" add the words "applications for." He also added that on stamped page 195 of the staff report, delete the words "SPA Plan satisfies" from the outline so it is revised to read: "7.12 Hillside Management Ordinance 7.13 Tree Ordinance" Mayor Hunter asked that a definition be given as to when a developer shall pay relative to the Initial Payment Obligation as outlined in Section 4.1 of the Agreement. In response to Mayor Hunter's suggestion, Mr. Kueny stated that the Council may want to consider including in the Agreement a number of business /calendar days as the guideline as to the Initial Payment Obligation. In response to Mayor Hunter relative to the project schedules, Mr. Kueny responded that the intent of the last paragraph of 4.7 allows without penalty for in essence Schedule B to become operative if Schedule A is not met, so the understanding is if you do not meet Schedule A, then Schedule B applies. Mr. Montes agreed with Mr. Kueny's interpretation based upon the language of paragraph 4.7. Minutes of the City Council Moorpark, California Page 14 December 5, 2001 Mayor Hunter asked if the document will ultimately be recorded with the County Recorder's office. Mr. Montes stated that the document can be recorded and the results of recordation are that it gives notice to anyone who may be a lien holder or purchaser of the property that the agreement is in force. Mayor Hunter requested that the City Council ultimately consider that this document become an officially Recorded Document. Kim Kilkenny, 350 West Ash Street, San Diego, addressed the Council as a representative of North Park Village, LP, in support of the MOU Agreement. Mr. Kilkenny addressed the issue of the authority of North Park Village LP to sign the MOU and the authority of North Park Village LP to dismiss the existing litigation resolving outstanding financial issues with Hidden Creek Ranch. He stated that he has provided a copy of the certificate filed with the Secretary of State changing the name from prior Hidden Creek Ranch, LP, to North Park Village, LP. He stated that the question has also been raised relative to his personal authority to sign the MOU. He stated that he has that authority. Mr. Kilkenny stated that relative to the performance of the payment of the $150,000, that their firm will make payment at the first of next week if the City Council acts this evening on the project. In response to Mayor Hunter, Mr. Montes discussed the partnership name and the change of name that was rejected by the Secretary of State. Mr. Montes stated that this afternoon he was provided with a copy of a document for the amendment to the Partnership of Hidden Creek Ranch, LP, amending the name to North Park Village, LP. Mr. Montes stated that the document that they received did not have a filing stamp on it, so his office contacted the Secretary of State's Office to gain that number. Mr. Montes stated that the result is that the discussed partnership /name change has been rejected by Minutes of the City Council Moorpark, California Page 15 December 5, 2001 the Secretary of State because the form was not completed correctly. Mr. Kilkenny stated that this was not his understanding and he believed that the name change had officially been recorded. Councilmember Harper asked the City Attorney if given the confusion over the current item, can the directed action still proceed? Mr. Montes stated that he authority of Mr. Kilkenny Hidden Creek Ranch, LP. would verify carefully the to sign on the behalf of Councilmember Mikos stated that the document should include all of the names of Hidden Creek Ranch Partners and that Mr. Messenger should sign the MOU. In response to Mayor Hunter, Mr. Montes stated that both Mr. Kilkenny and Mr. Messenger could sign the MOU. Mr. Kueny asked that the applicant also provide evidence they have authority to submit an application for the Ventura County Community College District and Unocal properties. In response to Councilmember Mikos, Mr. Montes stated that typically the owner of the property is required to sign the application or provide a letter of authority. Richard Francis, 711 South "A" Street, Oxnard, CA, spoke in support of the MOU. He stated that he endorses the process and the intent of SOAR. He stated that he believes that is extremely important to let the City Council decide what goes on the ballot. Councilmember Mikos stated that a vote on the MOU is not necessarily a vote in support of the project. In response to Mayor Hunter, Mr. Montes suggested execution by December 10 and one business day performance. Minutes of the City Council Moorpark, California Page 16 December 5, 2001 MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to: 1) direct the City Attorney to redraft the Memorandum of Understanding in a recordable format; 2) to include provisions for specific performance in execution of documents and date of payment and dismissal of litigation, 3) to require additional signatures for Hidden Creek Ranch Limited Partners; and 4) authorize the Mayor to sign the Memorandum of Understanding following City Manager and City Attorney review. The motion carried by unanimous voice vote. B. Consider Closing City Hall on December 31, 2001. Staff Recommendation: Authorize the closing of City Hall on December 31, 2001, with the requirement that employees take leave time as specified in the agenda report. Ms. Traffenstedt gave the staff report. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to authorize the closing of City Hall on December 31, 2001, and not require staff to use leave time, and to authorize the City Manager to amend the necessary documents to permit December 31 to be designated as a City holiday when it falls on a Monday. The motion passed by unanimous voice vote. C. Consider Pre - Qualification of Bidders for Major Construction Projects. Staff Recommendation: Review the proposed draft program and, if the City Council wishes to implement the program, direct staff to present a Resolution to the City Council amending the City Council Policies to formally establish the program. Ken Gilbert gave the staff report. Councilmember Millhouse asked if this would slow down community pool construction. Mr. Kueny stated that the pool project could be exempted. In response to Mayor Hunter, Mr. Gilbert recommended a minor language change. Minutes of the City Council Moorpark, California Page 17 December 5, 2001 MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to direct staff to bring back this item with supporting documents and requested modifications. 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 in its entirety. The motion carried by unanimous roll call vote. A. Consider Approval of Warrant Register for Fiscal Year 2001 -2002 - November 21, 2001. Manual Warrants Voided Warrants Payroll Liability Warrants Regular Warrants None None 10756 - 107595 107598 - 107715 & 107716 - 107745 $ 17,624.43 $ 26,767.56 $723,901.24 Staff Recommendation: Approve the warrant register. B. Consider Approval of Warrant Register for Fiscal Year 2001 -2002- December 5, 2001. Manual Warrants 107584 - 107585 & $ 87,828.94 107596 - 107597 & 107746 - 107748 Voided Warrant Payroll Liability Warrants 107541 107749 - 107757 $ (304.00) $ 10,947.14 Regular Warrants 107758 - 107844 $ 19,862.31 107845 - 107869 $219,139.94 Staff Recommendation: Approve the Warrant Register Minutes of the City Council Moorpark. California Paae 18 December 5, 2001 C. Consider Repayment of General Fund and Inter Fund Park Improvement Loans. Staff Recommendation: Approve the repayment of all outstanding loans ($486,000) in the Park Improvement Fund as follows: 1) Initiate the immediate repayment of the $176,000 loan from the Community Zone to the General Fund; 2) Upon receipt of $85,000 in Community Zone fees, initiate the repayment of $85,000 from the Community Zone to Zone 2; 3) Upon receipt of an additional $225,000 in Community Zone fees, initiate the repayment of $22.5,000 from the Community Zone to Zone 1; and 4) Upon receipt of $40,000 in Zone 3 fees, initiate the repayment of $30,423 to the community Zone and $3,947 to Zone 2. D. Consider Moorpark Library Expenditures and the Adoption of a Resolution Amending the FY 2001/2002 Budget for Certain Library Expenditures. Staff Recommendation: Approve the proposed two -year library expenditures, as outlined in the agenda report, and adopt Resolution No. 2001 -1917, appropriating $49,300 from the City's Library Facility Fee for FY 2001/2002. E. Consider Ventura Council of Governments (VCOG) Reorganization. Staff Recommendation: Support Model .. A.. F. Consider Request for Use of the City's Social Services Account. Staff Recommendation: Approve payment request for $200 from the City's Social Services Account. G. Consider Quarterly Treasurer's Report. Staff Recommendation: Receive and file Quarterly Treasurer's Report. H. Consider Conveying Fee Title to 500 Spring Road to the Moorpark Redevelopment Agency. Staff Recommendation: Authorize the conveyance of fee simple title for the property at 500 Spring Road to the Moorpark Redevelopment Agency. I. Consider Resolution to Rescind Resolution No. 2000- 1784 and Adopting New and /or Revised Engineering Policies and Standards. Staff Recommendation: Adoption Resolution No. 2001 -1918. Minutes of the City Council Moorpark, California Page 19 December 5, 2001 J. Consider Resolution to Revise the Amount of the Appropriation and Budget for Traffic Signs (Gas Tax Fund 2605, Division 7310, Object 8310, Object 9303) to Acquire Fluorescent Yellow -Green School Area Traffic Signs. Staff Recommendation: Adopt Resolution No. 2001 -1919 revising the amount of the appropriations and budget for the Sign Maintenance account. K. Consider Resolution Establishing a "Parking in Excess of One -Hour by Permit Only" Zone on Summerglen Court. Staff Recommendation: Adopt Resolution No. 2001 -1920 establishing a "One -Hour Parking - Permits Exempt" zone on Summerglen Court. L. Consider Reduction of Improvement Bonds for Subdivision Improvement and Grading of Carlsberg Tract Map 4973. Staff Recommendation: Authorize the City Clerk to reduce the grading, landscape, storm drain and street improvement bonds for Tract 4973 to 500 of their original amount. M. Consider Reduction of Improvement Bonds for Subdivision Improvement and Grading of Carlsberg Tract Map 4974. Staff Recommendation: 1) Accept the park improvements as complete; and 2) Authorize the City Clerk to reduce the bond for park improvements to the amounts shown in the agenda report and said bond shall remain in effect for a one -year maintenance period. Authorize the City Engineer to accept the replacement surety for damaged sidewalks in the amount of $50,160.00, adjusted by the Engineering News - Record Construction Cost Index. N. Consider the Conceptual Plan for the Realignment of Flinn Avenue (Project No. 8037). Staff Recommendation: Approve the conceptual design for the realignment of Flinn Avenue. 12. ORDINANCES: None. Minutes of the City Council Moorpark, California Page 20 December 5, 2001 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.G. 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.G. and 13.H. The motion carried by unanimous voice vote. The time was 10:08 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 - 1) G. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: Portion of Arroyo Vista Community Park Address: 4550 Tierra Rejada Road City Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and Moorpark Unified School District Under Negotiations: Price and terms of lease Property: 203 E. Los Angeles Ave., Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and Wayne Colmer Under Negotiation: Price and terms of payment 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. Present in closed session were all Councilmembers; Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Mary Lindley, Community Services Director; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. Ms. Lindley left the closed session at 10:30 p.m. Minutes of the City Council Moorpark, California Paae 21 December 5, 2001 The Council reconvened into open session at 11:05 p.m. Mr. Kueny stated that one case under Item 13.B., and Items 13.G. and 13.H. were discussed and that there was no action to report. 14. ADJOURNMENT: Mayor Hunter adjourned ATTEST: Deborah S. Traffenste'Ldt City Clerk