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HomeMy WebLinkAboutMIN 1998 1202 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California December 2, 1998 A Regular Meeting of the City Council of the City of Moorpark was held on December 2, 1998 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 7:15 p.m. 2. INVOCATION: Pastor Dave Wilkinson, Moorpark Presbyterian Church, led the invocation. 3. PLEDGE OF ALLEGIANCE: Councilmember Perez led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Evans, Perez, Rodgers, Wozniak and Mayor Hunter. Staff Present: Steven Kueny, City Manager; John Nowak, Assistant City Manager; Cheryl Kane, City Attorney; Nelson Miller, Director of Community Development; Ken Gilbert, Director of Public Works; Mary Lindley, Director of Community Services; Dirk Lovett, Assistant City Engineer; Captain Mike Lewis, Sheriff's Department; Don Reynolds, Administrative Services Manager; Nancy Burns, Senior Management Analyst; Wayne Loftus, Planning Manager; John Libiez, Principal Planner; Deborah Traffenstedt, City Clerk and Lisa Pope, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: A. Consider City Council Resolution No. 98 -1548 Reciting the Fact of the General Municipal Election Held on November 3, 1998, and Declaring the Election Results and Such Other Matters as Required By Law. Staff Recommendation: Adopt Resolution No. 98 -1548. MOTION: Councilmember Perez moved and Councilmember Evans seconded a motion to adopt Resolution No. 98 -1548. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 2 December 2, 1998 Mayor Hunter indicated the order of the Proclamations and Commendation Items would vary from the posted agenda to allow presentations to Councilmember Perez prior to comments from Councilmember Perez. C. Special City Presentation to Councilmember Perez. Mayor Hunter presented a City plaque to Councilmember Perez in recognition of his service to the City. D. Presentation from Supervisor Mikels Keith Jajko, representing County Supervisor Mikels' office, made a presentation to Councilmember Perez. Jan Smith, representing State Senator Wright, made a presentation to Councilmember Perez. Arnold Dowdy, representing the Ventura County Local Agency Formation Commission, made a presentation to Councilmember Perez. Warren Tetz, representing the Moorpark Chamber of Commerce, made a presentation to Councilmember Perez. Rodney Fernandez, Executive Director of Cabrillo Economic Development Corporation, made a presentation to Councilmember Perez. Mario Riley, City of Moorpark Code Enforcement Officer, made a presentation to Councilmember Perez on behalf of the City employees. Nancy Truex commended Councilmember Perez on his service and attention to all residents of the community. Gary Cabriales commended Councilmember Perez on his service to the community. Monique Perez thanked Councilmember Perez for his leadership in the community. B. Comments from Councilmember Perez. Councilmember Perez acknowledged the presentations with appreciation, thanked the members of the Council and staff, and made other comments regarding his tenure as Councilmember. Minutes of the City Council Moorpark, California Page 3 December 2, 1998 E. City Clerk administers the Oath of Office to Councilmember John Wozniak. The Oath of Office was administered to John Wozniak by City Clerk, Deborah Traffenstedt. F. City Clerk administers the Oath of Office to Councilmember elect Clint Harper. The Oath of Office was administered to Clint Harper by City Clerk, Deborah Traffenstedt. G. City Clerk administers the Oath of Office to Mayor Patrick Hunter. The Oath of Office was administered to Patrick Hunter by City Clerk, Deborah Traffenstedt. H. Comments from Councilmembers Wozniak and Harper. None. I. Consider Nomination and Selection of Mayor Pro Tempore. MOTION: Councilmember Rodgers moved and Councilmember Wozniak seconded a motion to nominate Councilmember Evans to serve as Mayor Pro Tem. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, the Council recessed for a brief reception. The time was 7:55 p.m. The Council reconvened at 8 :40 p.m. 6. PUBLIC COMMENT: John Newton, 165 High Street, Suite 103, spoke regarding the American Cancer Society "Give a Gift.of Love ". John Sherwood, 4259 Canario Court, representing the Moorpark Teen Council, provided an update on the teen activities. Joe Ahearn, 484 E. Los Angeles Avenue #214, acknowledged Bernardo Perez's service on the Council. Steve Sill, 12329 Arbor Hill, addressed the Council as a "— representative of the Moorpark Rotary Club. He discussed the success of the Monster Maze fundraiser. He thanked Councilmember Wozniak for his time and work on the Maze. He presented commemorative t- shirts to the Council. Minutes of the City Council Moorpark, California Page 4 December 2, 1998 Marjorie Blye, 4122 Oakcliff Drive, discussed the rural lifestyle of Moorpark and stated that the Council should note that the voters want the rural lifestyle maintained. Lori Rutter, 11611 Pinedale Road, discussed the special election on January 12, 1999. She stated the deadline to register to vote is December 14. Roseann Mikos, 14371 E. Cambridge Street, congratulated the new Council. She discussed the need for volunteers to encourage residents to vote. AT THIS POINT in the meeting, a recess was declared to convene the Redevelopment Agency. The time was 9:00 p.m. The Council reconvened at 9:15 p.m. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure Section 2.9, Items to be withdrawn from the Consent Calendar shall be identified at this time.) 0 Councilmember Wozniak suggested reordering the agenda at this point due to its length and the late time. CONSENSUS: By consensus, the Council determined to move through the agenda and reconsider this at 10:30 p.m. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Wozniak discussed a Christmas light display at a residence on Candlewood Court in Moorpark at which they were collecting toys or food donations. Mayor Hunter announced the Metrolink Holiday Train planned for December 13, 1998. 9. PUBLIC HEARINGS: A. Consider Request by A -B Properties and Southern California Edison Company for General Plan Amendment No. 97 -2 from AG -1 to I -2, for Zone Change No. 97 -6 from AE to M -2, and Proposed Development Agreements between the City and A -B Properties and the City and Southern California Edison, on Property Located West of Gabbert Road and North of the Southern Pacific Railroad (Continued from November 18, 1998 with the Public Hearing Open for the Development Agreements). Staff Recommendation: Consider General Plan Amendment No. 97- Minutes of the City Council Moorpark, California Page 5 December 2, 1998 2, Zone Change No. 97 -6 and Development Agreements 98 -4 and 98 -5, which would be the final amendment to the General Plan Land Use Element allowed this year: 1) Defer adoption of Resolution No. 98- , approving General Plan Amendment No. 97 -2 until second reading of Ordinances approving the Zone Change and Development Agreement; 2) Introduce Ordinance No. 249 approving Zone Change No. 97- 6 for 1St reading; 3) Introduce Ordinance No. 250 approving the Development Agreement between the City and A -B Properties and the City and Southern California Edison Company for 1st reading._ Councilmember Wozniak stated he had excused himself from the previous discussion due to accepting a campaign contribution from the applicant, but he had received a ruling from the Fair Political Practices Commission (FPPC) indicating there was no conflict. Councilmember Harper announced that he had reviewed the videos and staff reports and would be participating in the discussion. Mr. Kueny stated the hearing on the Development Agreement -- was still open. Councilmember Evans discussed a meeting that had been held and attended by persons who resided in the Gabbert Road neighborhood. He also discussed recent adjustments to the project Development Agreement. John Newton, 165 High Street, Suite 103, representing A -B Properties discussed the recent amendments to the Development Agreement. In response to Councilmember Harper, Mr. Newton stated the goal was to get the State Route 118 bypass arterial on -line to avoid constructing both Casey Road west of Gabbert Road and the bypass arterial. He also stated that in order for the applicant to finance the arterial, there would need to be at least 40 percent of the development permitted to be constructed. In response to Councilmember Harper, Mr. Newton stated that the project would result in approximately 940 peak hour trips. He also stated that approval of a new at- grade crossing of the railroad tracks was very difficult to obtain. He gave an example that in Simi Valley a new crossing had taken 12 years to obtain and stated that an undercrossing was a better solution. Minutes of the City Council Moorpark, California Page 6 December 2, 1998 Madeline Hartley, 5950 Gabbert Road, discussed the impacts on the neighbors. She urged Council to maintain the current zoning. Diana Caro, 6131 Gabbert Road, requested the underpass be constructed prior to building the project. Richard Stratton, 6049 Darlene Lane, urged Council to maintain zoning of the property as agricultural. Mary Kariouz, 11922 Darlene Lane, suggested the underpass be in place prior to construction of the project and indicated her concerns regarding impacts to Gabbert Road if the underpass was not constructed. Jim Hartley, 5950 Gabbert Road, stated the project should be deemed incomplete due to there being no traffic study on file. He stated that the bypass and underpass should be built first before project occupancy approval. Robert Medrano, 14731 Loyola Street, addressed the Council representing Peach Hill Soils and Organic Recycling. He stated he would be forced to relocate his business outside of Moorpark if the zoning was changed. Roseann Mikos, 14371 E. Cambridge Street, indicated her support for the resident's concerns and stated she did not support the General Plan Amendment. Debby Doolittle, 6086 Gabbert Road, discussed the impact to small ranch owners if the zoning is changed. Joe Ahearn, 484 E. Los Angeles Avenue, discussed the need for industrial property in the City. He stated it was his opinion that the residents were concerned about the bypass. He suggested that property owners of land adjacent to the bypass would need to be compensated for decreased property values. Dennis Hardgrave, 651 Via Alondra, Camarillo, addressed the Council as a representative of Southern California Edison. He stated they concur with the most recent addendums to the Development Agreement. Ms. Traffenstedt indicated five written statement cards had been received in opposition to the project from the following individuals: Michael J. Chilton Lori Rutter Minutes of the City Council Moorpark, California Page 7 Doris Miller Sharon Schieltz Ron Miller December 2, 1998 Ms. Traffenstedt provided a summary of the concerns expressed in the written statement cards. Ricci Franklin Jr., 11855 Darlene Lane, discussed the dangers on Gabbert Road with truck traffic and stated it was not safe to increase traffic. Mr. Newton stated the tract map application and supporting documents had been filed, including the traffic study. He stated the impacts on Gabbert Road have been reduced to a maximum of 940 peak hour trips at 40 percent buildout until the bypass is built, and that traffic from the project on Gabbert Road would not extend beyond 125 feet north of the railroad tracks. He stated grading would be reduced due to the elimination of the proposed Casey Road extension west of Gabbert Road. He also stated the project was consistent with General Plan industrial and agricultural policies and that the property was designated as grazing, non -prime agricultural land on the agricultural maps. In response to Councilmember Harper, Mr. Miller stated the curve radius was proposed to be 150 feet, which would allow a speed of 28 miles per hour for the proposed bypass arterial. He stated the final radius would be determined by the City and that Caltrans approval would be needed. In response to Councilmember Harper's concern regarding spot zoning, Mr. Miller stated the project was a logical extension of the industrial zone. Councilmember Evans discussed changes to the Development Agreement due to community input. He stated that, by removing the Casey Road extension west of Gabbert Road, 1,300 feet of open space would be maintained between the project and Gabbert Road. He also stated that for the long -term good of the City, this project takes 4,000 trucks off of Los Angeles Avenue with a bypass. Councilmember Wozniak stated it was important for the bypass to be built early in the process and that the underpass should be the developer's primary focus. He stated the project changes were positive, and would improve the circulation in the City. Minutes of the City Council Moorpark, California Page 8 December 2, 1998 Councilmember Rodgers stated she concurred with Councilmember Wozniak regarding circulation concerns. She stated the winding portion of Gabbert Road would not be affected by the project. She discussed the shortage of industrial space in the City. She stated the proposed buildings would not be visible from the residential area. She also stated the terms of the Development Agreement were very restrictive. Mayor Hunter closed the public hearing on the Development Agreement. CONSENSUS: By consensus, the Council determined to defer adoption of the resolution approving General Plan Amendment No. 97 -2 until second reading of the Ordinances approving the Zone Change and Development Agreement. Ms. Kane read the ordinance title for Ordinance No. 249, approving the zone change. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to waive further reading. The motion carried by voice vote 4 -1, Councilmember Harper dissenting. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to declare Ordinance No. 249 introduced for first reading. The motion carried by voice vote 4 -1, Councilmember Harper dissenting. In response to Mayor Hunter, Mr. Kueny clarified that there were two separate Development Agreements attached to the one ordinance, and he summarized the recommended Development Agreement amendments addressed in the memorandum to the Council dated'November 30, 1998. Ms. Kane stated the ordinance title should be amended to read as follows: "An Ordinance of the City Council of the City of Moorpark, Adopting a Development Agreement between the City of Moorpark and A -B Properties, and a Development Agreement between the City of Moorpark and the Southern California Edison Company." Mayor Hunter requested a change in the language for Section 6.22 of the Development Agreement to add: "This financing plan may include at City's sole and unfettered discretion use of Citywide Traffic monies." Ms. Kane read the ordinance title for Ordinance No. 250. Minutes of the City Council Moorpark, California Page 9 December 2, 1998 MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to waive further reading. The motion carried by voice vote 4 -1, Councilmember Harper dissenting. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to declare Ordinance No. 250 introduced for first reading. The motion carried by voice vote 4 -1, Councilmember Harper dissenting. CONSENSUS: By consensus, the Council moved Item 9.C. to be the last item prior to the Consent Calendar. B. Consider Resolution of the City Council of the City of Moorpark, California, Approving Industrial Planned Development Permit No. IPD 97 -4, Conditional Use Permit No. CUP 98 -4, and Parcel Map No. 5123 for Development of a Self Storage Facility with On -Site Manager's Residence and Subdivision of a 7.5 Acre Site, Located on the Northeast Corner of Spring Road and Flinn Avenue - William Bromiley (Continued from November 18, 1998 with Public Hearing Closed). Staff Recommendation: 1) Consider the Negative Declaration prepared for the requested entitlements prior to approval or denial of the -- projects; and 2) Adopt Resolution No. 98- approving the Industrial Planned Development Permit, the Conditional Use Permit and Parcel Map subject to conditions. Mr. Miller gave the staff report. Councilmember Evans discussed the changes to the project that the applicant had agreed to. He stated that he did not believe the proposed project was the appropriate use for the site. Councilmember Harper stated he had reviewed the videos and staff reports and felt confident that he could participate in the decision. He asked what was envisioned for the site before the Council looked at denial. Councilmember Wozniak complimented the applicant on their project design, but he questioned whether the proposed site along Spring Road was the right place for a self - storage project. He stated that he did not believe this was the right project for consistency with the Downtown Plan He discussed the possibility of the post office relocating to the Downtown. Minutes of the City Council Moorpark, California Page 10 December 2, 1998 Councilmember Rodgers concurred that this was a beautiful project, but not an appropriate use for the site. She stated that she did not envision retail commercial on the site. She discussed the possibility of the post office at that location. She discussed the importance of pedestrian traffic on High Street. Mayor Hunter discussed sales tax leakage. He stated the project did not provide sales tax or employment. He stated that this project does not provide the highest and best use for the site. He also stated he did not believe industrial use was appropriate due to the site visibility. Mr. Kueny stated that to summarize the Council's comments he would conclude the project was not consistent with the Downtown Specific Plan. In response to Mayor Hunter, Mr. Kueny stated the zone change was in effect as of November 20, and the site was now zoned Commercial Planned Development. AT THIS POINT in the meeting, the Council took a recess. The -- time was 10:52 p.m. The Council reconvened at 11:10 p.m. Mayor Hunter stated that the Council and the applicant had been provided with a copy of a draft resolution for denial. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to adopt Resolution No. 98 -1549 denying Industrial Planned Development Permit No. IPD 97 -4, Conditional Use Permit No. CUP 98 -4, and Parcel Map No. 5123 The motion carried by unanimous voice vote. D. Consider Resolution No. 98 -1550 Approving Modifications to the Cable Television Franchise Held by Entertainment Express Limited and Extending Said Modified Franchise to December 20, 2000. Staff Recommendation: Adopt Resolution No. 98 -1550 approving modifications to the cable television franchise held by Entertainment Express Ltd. and extending said modified franchise to December 20, 2000. (ROLL CALL VOTE REQUIRED) AT THIS POINT in the meeting, Councilmember Rodgers announced that she had an acquaintance working for Entertainment Express and therefore to avoid the appearance of a potential conflict of interest she would leave the dais.. The time was 11:12 p.m. Minutes of the City Council Moorpark, California Page 11 December 2, 1998 Mr. Nowak gave the staff report. He indicated corrections to the draft resolution including the need to insert Mountain Meadows Cable Television /Entertainment Express in the first recital, adding "an administrative fee" in place of "a franchise fee" in Section No. 7, and adding the revisions as suggested by the ad hoc committee. Councilmember Evans discussed comment letters received regarding the extension. He discussed the problem with the reception for Channel 10. He stated the subscribers would benefit by the sale of Entertainment Express to a larger service provider. Councilmember Harper stated that a representative from Moorpark High School was requesting that a condition be included requiring cable service be restored to the high school at the expense of Entertainment Express. In response to Mayor Hunter, Mr. Nowak explained that in order to deny a franchise renewal or a change in ownership, there are certain findings that must be made. Mayor Hunter opened the public hearing. Nyall London, 12509 Springcreek Road, stated there are not currently options available to block stations. He stated he had requested a church conference be broadcast live as was done by other companies, and Entertainment Express had not complied. He discussed the services not provided by Entertainment Express such as high definition television and Internet access. He requested the Council not extend the franchise. Richard Sklar, 303 E. 49th Street, New York, representing Entertainment Express, stated they would restore service to the High School and require the contractor that damaged the cable line to refund the costs to his company. Mr. Kueny stated that the School District had been contacted regarding the renewal and that no comments had been received. He suggested that the applicant be asked to agree to provide cable service to all three school sites within 90 days. Mr. Sklar indicated agreement with the conditions and indicated that service would restored to all three schools. Minutes of the City Council Moorpark, California Page 12 December 2, 1998 Mayor Hunter requested notification to customers indicating the addition of six new channels. Mr. Sklar stated notification would be sent to the customers. Mayor Hunter closed the public hearing. Mayor Hunter discussed the concerns expressed by residents. He stated his support for the extension was not in support of the Entertainment Express service, but was to allow the City to achieve the long -term goal of improving service. Councilmember Harper suggested specifying the minimum hours of operation on Condition No. 7. In response to Councilmember Harper, Mr. Sklar discussed the hours of operation and suggested including language that the hours of operation be those as required by FCC standards. In response to Councilmember Harper, Mr. Kueny suggested amending Condition No. 7 to read as follows: "No later than July 1, 1999, a local office is to be established within a commercial zoned area with hours of operation consistent with Federal Communications Commission guidelines." Mr. Nowak suggested adding language that the hours of operation be consistent with Federal Communication Commission (FCC) regulations. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to adopt Resolution No. 98 -1550, as amended, approving modifications to the cable television franchise held by Entertainment Express Ltd. and extending said modified franchise to December 20, 2000. The motion carried by voice vote 4 -0, Councilmember Rodgers absent. AT THIS POINT in the meeting, Councilmember Rodgers returned to the dais. The time was 11 :40 p.m. E. Consider Revisions to the Land Use Development Fee Rate. Staff Recommendation: Adopt Resolution No. 98 -1551, establishing the Community Development staff rate per hour at $88, the Code Enforcement rate per hour at $82, and the Administrative Services rate per hour at $90 and rescinding Resolution No. 97 -1405. Mr. Reynolds gave the staff report. Minutes of the City Council Moorpark, California Page 13 December 2, 1998 Mayor Hunter announced that the Council was in receipt of a letter from the Building Industry Association (BIA). Mayor Hunter opened the public hearing. There being no speakers, Mayor Hunter closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Evans seconded a motion to adopt Resolution No. 98 -1551, establishing the Community Development staff rate per hour at $88, the Code Enforcement rate per hour at $82, and the Administrative Services rate per hour at $90 and rescinding Resolution No. 97 -1405. The motion carried by unanimous voice vote. 10. PRESENTATION /ACTION /DISCUSSION: A. Appointments to City Council Standing Committees, Ad Hoc Committees and Other Assignments. Staff Recommendation: Make appointments to Committees consistent with City Council Policies. Councilmember Harper indicated his schedule was flexible and he suggested substituting his name for those -- committees that former Councilmember Perez had been appointed to. Councilmember Evans requested appointment to the Affordable Housing /Community Development Committee. CONSENSUS: By consensus, the Council determined to appoint Councilmember Evans to the Affordable Housing /Community Development Committee with Councilmember Harper replacing Councilmember Evans on the Transportation and Streets Committee; appoint Councilmember Harper to replace Councilmember Perez as the alternate on the Budget and Finance Committee, Economic Development Committee, Ad Hoc Day Laborer Committee, Ad Hoc Joint use Facilities and Programs Committee, Ad Hoc Security Capital Pacific Trust Development Agreement Committee, and Ad Hoc Entertainment Express Cable Television Franchise Committee; appoint Councilmember Harper as alternate to the Ad Hoc Casey Road Site and City Participation in Advance Planning of School Facilities Committee, Councilmember Wozniak as alternate to the Ad Hoc Crossing Guard Funding and Circulation and Parking Around Schools Including City Issued Encroachment Permits for District Events Committee, and Councilmember Evans as alternate to the Ad Hoc Joint Use Facilities and Programs Committee; appoint Councilmembers Evans and Harper to a newly created Specific Plan No. 2 Ad Hoc Committee; and appoint Councilmember Harper as first alternate Minutes of the City Council Moorpark, California Page 14 December 2, 1998 and Mayor Hunter as second alternate to the Economic Development Collaborative of Ventura County. Mayor Hunter stated that for other agency appointments he thought the City should express desire to retain membership on the Local Agency Formation Commission ( LAFCO). He also stated that he would be happy to participate on LAFCO and the Fox Canyon Groundwater Management Agency. He asked that staff determine the status of the Commission on Human Concerns. CONSENSUS: By consensus, the Council determined to direct staff to prepare a letter to all mayors of cities in Ventura County to ask for their support at the City Selection Committee meeting on December 14 for Mayor Hunter to complete the term vacated by former Councilmember Perez on LAFCO and for Councilmember Wozniak to be appointed as first alternate for the Ventura County Transportation Commission. B. Consider Objecting to Sale of Tax - Defaulted Properties Staff Recommendation: Authorize staff to object to the sale of the tax - defaulted properties identified in the staff report, and authorize the City Manager to sign the related documents on behalf of the City. Mr. Nowak gave the staff report. Jerry LeAimaguer, 1225 Walnut Canyon Road, discussed financial problems of the American Legion. In response to Councilmember Harper, Mr. Kueny explained that the Council is being asked to object to the sale of the properties with any actual purchase by the City to occur in the future. In response to Councilmember Rodgers, Mr. Kueny stated he had viewed the parcels on Charles and felt they are buildable. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to authorize staff to object to the sale of the tax - defaulted properties identified in the staff report, and authorize the City Manager to sign the related documents on behalf of the City. The motion carried by unanimous voice vote. D. Consider Bids for the Widening of Peach Hill Road East of Spring Road to Provide for the Addition of a Westbound_ Left -Turn Lane. Staff Recommendation: 1) Adopt Resolution No. 98 -1552 approving an amendment to the FY Minutes of the City Council Moorpark, California Page 15 December 2, 1998 ._ 1998/99 Budget for the subject project A) revising the current year appropriation and budget for the subject project (Gas Tax Fund (Fund 240): $81,000 increase) and B) approving a reimbursement of prior year Gas Tax funded expenditures ($8,514) from the Traffic Mitigation Fund; 2) Award a contract to E & M Constructors in the amount of $59,176.00 for the construction of the subject project; 3) Approve a construction contingency in the amount of $8,824.00 for the construction of the subject project; and 4) Authorize the City Manager to sign necessary contract documents (ROLL CALL VOTE REQUIRED). Mr. Gilbert gave the staff report. In response to Mayor Hunter, Mr. Gilbert discussed the relationship between the low bidder and second low bidder. He stated that although the names were similar, they are two separate companies. He discussed the difference between the bid amounts was primarily due to the use of different subcontractors. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to adopt Resolution No. 98 -1552 approving an -- amendment to the FY 1998/99 Budget for the subject project A) revising the current year appropriation and budget for the subject project (Gas Tax Fund (Fund 240): $81,000 increase) and B) approving a reimbursement of prior year Gas Tax funded expenditures ($8,514) from the Traffic Mitigation Fund; 2) Award a contract to E & M Constructors in the amount of $59,176.00 for the construction of the subject project; 3) Approve a construction contingency in the amount of $8,824.00 for the construction of the subject project; and 4) Authorize the City Manager to sign necessary contract documents. The motion carried by unanimous roll call vote. C. Consider the Authorization of Sale of Certain Citv Owned Property to the Moorpark Redevelopment Agency. Staff Recommendation: Approve the sale of three (3) parcels of land, identified as APN's 506 -0- 020 -490, 506 -0- 020 -500 and 506 -0- 020 -525 to the Moorpark Redevelopment Agency in the amount of $45,000 (ROLL CALL VOTE REQUIRED). Mr. Nowak gave the staff report. MOTION: Councilmember Evans moved and Councilmember Rodgers seconded a motion to approve the sale of three (3) parcels of land, identified as APN's 506 -0- 020 -490, 506 -0- 020 -500 and 506 -0- 020 -525 to the Moorpark Redevelopment Agency in the amount of $45,000. The motion carried by unanimous roll call vote. Minutes of the City Council Moorpark, California Page 16 December 2, 1998 E. Consider Comments Related to Ventura County Application for Parcel Map 5166 and Zone Change 2927. Staff Recommendation: Direct staff as deemed appropriate. Mr. Miller gave the staff report. In response to Mayor Hunter, Mr. Miller stated Scott Ellison is the County Planner and the applicant is Kaarin and Jerry Risvold. In response to Councilmember Harper, Mr. Miller stated the request had not been reviewed for compliance to the Countywide Save Open Space and Agricultural Resources (SOAR) measure approved by the voters in November. He indicated comments were actually due to the County Planning Division on the project by December 2. Mr. Kueny stated the item was before the Council due to the zone change request to go from a 40 -acre minimum lot size to 10 -acre minimum parcels. He stated that a 10- acre lot size was consistent with the County General Plan. Councilmember Harper suggested directing staff to send a letter to the County indicating concerns about downsizing parcels in the Tierra Rejada Greenbelt area. Councilmember Rodgers stated the letter should include reference to the work in progress between the County and cities pertaining to open space preservation, which should continue. CONSENSUS: By consensus, the Council determined to direct staff to prepare a letter to the County indicating the City's position. In response to Councilmember Wozniak, Mr. Miller stated the item was received on November 13 after the November 18 agenda deadline. C. Consider Request by Pacific Communities for General Plan Amendment No. 96 -2 from High Density Residential (7 du /acre maximum) and Very High Density Residential (15 du /acre maximum) to High Density Residential, for Zone Change No. 96 -2 from RPD 13 and 5.3 units per acre to RPD 8.7 units per acre, Vesting Tentative Tract Map No. 5053 for 309 lots, Residential Planned Development Permit No. 96 -1 for 303 residential units, and Development Agreement No. 98 -2, on 35.23 acres located on the south side of Los Minutes of the City Council Moorpark, California Page 17 December 2, 1998 Angeles Avenue in the vicinity of Maureen Lane and Goldman Avenue. Staff Recommendation: 1) Open the public hearing and accept public testimony and close the public hearing; 2) Review, consider, and approve the Mitigated Negative Declaration and Mitigation Monitoring Program; 3) Defer action of adoption of Resolution No. 98- , approving General Plan Amendment No. 96 -1 until time of second reading of Zone Change and Development Agreement; 4) Introduce Ordinance No. approving Zone Change No. 96 -2 for first reading and defer second reading until time of second reading or until the City Council takes action on the General Plan Amendment and second reading of Ordinance approving Development Agreement; 5) Introduce Ordinance No. approving the Development Agreement between the City and Pacific Communities for first reading; 6) Adopt Resolution No. 98- , approving Residential Planned Development No. 96 -1 and Vesting Tentative Tract Map No. 5053 The staff presentation was deferred to the December 16 meeting. Mayor Hunter opened the public hearing. Elaine Freeman, 2509 E. Thousand Oaks, representing Urban Strategies, indicated she would waive her presentation until the next meeting. Councilmember Harper stated residents had expressed concerns regarding the interface with the homes on Maureen Lane. In response to Councilmember Harper, Ms. Freeman stated the property owners were encroaching onto the Pacific Communities site and Pacific Communities had agreed to do a lot line adjustment to give the property to those currently utilizing it. She discussed the measures that would be implemented to provide a buffer between the existing and new development. Councilmember Harper requested consideration of one -story units to eliminate the privacy issue. In response to Councilmember Harper, Ms. Freeman stated the grade difference and 8 -foot high wall would reduce the view issue. She also discussed the affordability of the units and the expansion of the recreation area in response to the Planning Commission's concerns. Minutes of the City Council Moorpark, California Page 18 December 2, 1998 In response to Councilmember Harper's concerns regarding recreational amenities, Mr. Kueny stated Villa Campesina is a public park for which park improvement monies for this project could be utilized for enhancements. In response to Councilmember Harper, Ms. Freeman stated they were required to do a study regarding signalization at Maureen Lane and would be paying for signalization at Shasta Avenue. Mr. Kueny stated the City previously completed a warrant study. He suggested a future agenda item to determine if the signal warrant study for Maureen Lane should be funded by the Los Angeles Area of Contribution fund. In response to Councilmember Harper. Mr. Lovett stated Caltrans requirements would have to be met regarding the distance between signals. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to continue the item to December 16, 1998. The motion carried by unanimous voice vote. 11. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Rodgers seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of the November 4, 1998 Regular City Council Meeting. Staff Recommendation: Approve the minutes as processed. B. Consider Approval of Warrant Register of December 2, 1998. Fiscal Year 1998/99 Manual Warrants Voided Warrants 43197 - 43202 42698 $ 2,074.40 $ ( 360.00) Regular Warrants 43203 - 43240 - D $ 98,921.83 43241 - 43307 - V $ 53,782.41 C. Consider Resolution No. 98 -1553 Making Application to LAFCO to Undertake Proceedings for Annexation of Certain Property into the City of Moorpark; and Consider Resolution No. 98 -1554 Making Application to LAFCO to Minutes of the City Council Moorpark, California Page 19 December 2, 1998 Undertake Proceedings for Amendment to the City's Sphere of Influence; and Consider Resolution No. 98 -1555 Amending the City's Operating Budget to Fund Application Costs to LAFCO. Staff Recommendation: 1) Adopt Resolution No. 98 -1553 making application to the Ventura Local Agency Formation 11. Commission to take proceedings for the annexation of certain property into the City of Moorpark; 2) Adopt Resolution No. 98 -1554 making application to the Ventura Local Agency Formation Commission to take proceedings for the amendment of the City of Moorpark's sphere of influence; and 3) Adopt Resolution No. 98 -1555 amending the FY 1998 -99 Operating Budget to appropriate $1,750 from the Tierra Rejada Area of Contribution Fund. (ROLL CALL VOTE REQUIRED) D. Consider Request from Moorpark Unified School District (MUSD) for the City to administer the Caltrans /MUSD project for the construction of traffic signal and related improvements at the intersection of Walnut Canyon Road and Casey Road. Staff Recommendation: Approve request. E. Consider Program Guidelines - Down Payment Assistance -- Program Using HOME Funds. Staff Recommendation: Adopt the Guidelines as itemized in the staff report for the Down Payment Assistance Program using HOME funds. F. Consider Bids for the Construction of Alley Improvements Phase 2. Staff Recommendation: 1) Award a contract to Channel Islands Paving, Inc. in the amount of $39,431 for the construction of the subject project; 2) Approve a construction contingency in the amount of $5,169 and authorize the City Manager to approve additional work, if required, for a cost not to exceed said contingency; and 3) Authorize the City Manager to sign the contract documents for the subject project (ROLL CALL VOTE REQUIRED). G. Consider Co- Sponsoring Moorpark Community Arts Committee December 1998 Home Decorating and Lighting Contest. Staff Recommendation: Approve the request for the City to act as co- sponsor of the Home Decorating and Lighting Contest, with the City's participation limited to advertisement on the Channel 10 character generator. 12. ORDINANCES: None. 13. CLOSED SESSION: Minutes of the City Council Moorpark, California Page 20 December 2, 1998 None was held. 14. ADJOURNMENT: MOTION: Councilmember Harper moved and Councilmember Evans seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 12:26 a.m. ATTEST: Deborah S. Traffens dt, City Cler