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HomeMy WebLinkAboutMIN 1998 1216 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California December 16, 1998 A Regular Meeting of the City Council of the City of Moorpark was held on December 16, 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 7:06 p.m. 2. INVOCATION: Pastor Errol Hale, of Shiloh Community Church gave the invocation. 3. PLEDGE OF ALLEGIANCE: Councilmember Evans led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Evans, Harper, Rodgers, Wozniak and Mayor Hunter Staff Present: Steven Kueny, City Manager; John Nowak, Assistant City Manager; Nelson Miller, Director of Community Development; Ken Gilbert, Director of Public Works; Mary Lindley, Director of Community Services, Capt. Mike Lewis, Sheriff's Department; Dirk Lovett, Assistant City Engineer; John Brand, Senior Management Analyst; Deborah Traffenstedt, City Clerk; Susan Meyer, Deputy City Clerk S. PROCLAMATIONS AND COMMENDATIONS: A. Presentation by Senator Cathie Wright. Senator Wright discussed the State budget process and annual report information. She provided for the City Council a copy of California Spending Plan for 1998 -99 and a Budget Highlights pamphlet. Minutes of the City Council Moorpark, California Page 2 December 16, 1998 B. City Manager's Monthly Report Mr. Kueny deferred the City Manager's Monthly Report to the second regular Council meeting in January 1999. 6. PUBLIC COMMENT: Jim Hartley, 5905 Gabbert Road, expressed concern regarding the City Attorney not being present at all City Council Meetings. He also commented on e -mail for the Council and the potential for a Brown Act violation. Bill Messenger, 959 South Coast Drive, Costa Mesa, invited the public to a community forum on January 5, 1999, at the Moorpark Melodrama, beginning 7:00 p.m., to provide an opportunity for questions and answers regarding the Hidden Creek Ranch Project Gerald Goldstein, 11932 Los Angeles Avenue, commented on the new city bus and expressed concern regarding purchasing procedures. Lori Rutter, 11611 Pinedale Road, announced an upcoming fund - raiser for SOAR taking place on Saturday, December 19, at the Chevron Station from 9:00 a.m. to 3:00 p.m. Roseann Mikos, 14371 East Cambridge Street, spoke in support of the fundraiser for SOAR and commented on the January 12 election and her support for Measure S and opposition to Measure T. Eloise Brown, 13193 Annette Street, commented on the character generator improvement. She stated that signage was needed to advertise the Spring Road closure. She also commented on the Christmas Decorating Contest. AT THIS POINT in the meeting, the Council recessed to convene the Industrial Development Authority meeting. The time was 8 :45 p.m. The Council reconvened the Regular City Council meeting at 8:47 p.m. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Minutes of the City Council Moorpark, California Page 3 December 16, 1998 (Pursuant to Council Rules of Procedure Section 2.9, Items to be withdrawn from the Consent Calendar shall be identified at this time.) 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Rodgers discussed the need for toys for Catholic Charities and commented on the cooperation of the Police Department, School District and the Conejo Valley Board of Realtors. She also thanked those who were supporting the "Catch A Star" program. Mayor Hunter requested a future agenda item for an ordinance to return to Council regarding the use of the billboard on Moorpark Avenue and prohibiting certain types of advertisements. Mayor Hunter announced the Police Department would be conducting the third annual Safe Driver Program that would be in effect until December 21, 1998. Mayor Hunter announced the deadline to submit absent voter ballot applications to the County Clerk for the January 12, 1999 special election would be January 5, 1999. Mayor Hunter also announced the Winter Camp Moorpark dates. 9. PUBLIC HEARINGS: A. Consider Request by A -B Properties and Southern California Edison Company for Approval of General Plan Amendment No. 97 -2 to Amend the Land Use Element of the General Plan from AG -1 (Agricultural) to I -2 (Medium Industrial), on Undeveloped Land Located West of Gabbert Road and North of the Southern Pacific Railroad (Continued from December 2, 1998 with the Public Hearing Closed). Staff Recommendation: Approve General Plan Amendment No. 97 -2 with adoption of Resolution No. 98 -1556 also approving General Plan Amendment No. 96 -1 (Pacific Communities). Mr. Kueny gave a brief staff report and requested discussion of the General Plan Amendment Minutes of the City Council Moorpark, California Page 4 December 16, 1998 resolution be considered after discussion of Item 9.B. CONSENSUS: By consensus the Council determined to table this item until after discussion of Item 9.B. B. 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 Angeles Avenue in the vicinity of Maureen Lane and Goldman Avenue. (Continued from December 2, 1998, with Public Hearing Open). Staff Recommendation: 1) Accept public testimony and close the public hearing; 2) Review, consider, and approve the Mitigated Negative Declaration and Mitigation Monitoring Program; 3) Adopt Resolution No. 98- , approving General Plan Amendment No. 96 -1 (Pacific Communities) and General Plan Amendment No. 97 -2 (A -B Properties) and Southern California Edison Company); 4) Introduce Ordinance No. approving Zone Change No. 96 -2 for first reading; 5) Introduce Ordinance No. approving the Development Agreement between the City and Pacific Communities for first reading; and 6) Adopt Resolution No. 98- , approving Residential Planned Development No. 96 -1 and Vesting Tentative Tract Map No. 5053. Mr. Miller gave the staff report. Elaine Freeman, 2509 East Thousand Oaks Boulevard, representing the applicant, discussed the background regarding the current design proposal. She stated this project would provide 46 low and very low income affordable units. She also discussed other project design features. Minutes of the City Council Moorpark, California Page 5 December 16, 1998 In response to Councilmember Evans, Ms. Freeman stated a wall would be built on the top of the slope of the new easterly property line and would be 8 feet to 11 feet high when viewed from the Maureen Lane properties. In response to Councilmember Evans, Ms. Freeman said the new residents and buyers of homes in this project would be required to sign a legal document acknowledging the adjacent rural properties. In response to Mayor Hunter, Ms. Freeman said that the proposed gated entrance could be left open or could be eliminated from the project proposal. She also stated the gate could be left open during peak hours and that there were three lanes available for traffic to enter the project site and eliminate stacking of cars. In response to Councilmember Harper, Ms. Freeman commented that based on prior meetings she believed that the proposed buffer mitigation was acceptable and had not considered alternative buffering. Mr. Nelson Chung, President Communities, 1,000 Dove Street, Newport Beach, discussed the benE proposed project and highlighted features of the units adjacent to Lane properties. of Pacific Suite 100, fits of the the design the Maureen In response to Councilmember Harper, Mr. Chung stated that due to the grading requirements, most of the existing trees on the site could not be saved. In response to Councilmember Evans, Mr. Chung confirmed the number of windows facing Maureen Lane based on the various proposed housing types. In response to Councilmember Rodgers, Mr. Chung stated that the total stacking capacity from the street to the proposed gate was approximately five cars. Minutes of the City Council Moorpark, California Page 6 December 16, 1998 Mr. Miller clarified that the actual stacking distance was 140 to 150 feet, allowing for stacking of approximately 6 vehicles. He also stated that all of the trees on the site were proposed to be removed, due to geotechnical requirements to excavate and recompact the soil. Vera Sorrels, 4789 Maureen Lane, stated that she would like to see the rural living conditions preserved on Maureen Lane and believed the project was an incompatible land use for this area. Paul Farley, 4833 Maureen Lane, spoke in opposition to the project stating there was an inadequate buffer zone proposed and that the houses were too tall and too close. He asked that the Council require redesign of the project. George Daily, 4832 Maureen Lane, spoke in opposition to the project and expressed concerns regarding proper drainage. He requested that the Council require one -story houses adjacent to Maureen Lane. Karen Schott, 4865 Maureen Lane, commented on the lack of an adequate buffer zone and expressed concern regarding the height of the homes proposed adjacent to Maureen Lane and drainage and traffic impacts. She referenced a petition submitted to the City Clerk in opposition to the project. Vanessa Chadwick, 4833 Maureen Lane, commented that she would like the rural lifestyle maintained for Maureen Lane and expressed opposition to the project. Joe Padilla, 4864 Maureen Lane, spoke in opposition to the proposed project. Gerald Goldstein, commented on his opposition to the proposed project. Ms. Traffenstedt indicated that one written statement card had been received in favor of the project. Minutes of the City Council Moorpark, California Page 7 December 16, 1998 In response to Mayor Hunter, Mr. Miller stated that the Redevelopment Agency goal is to obtain 15 percent affordable housing units for each new residential project in the Redevelopment Area, and that the Redevelopment law did not require that percentage for each individual project. In response to Mayor Hunter, Mr. Kueny clarified that pursuant to State law, 15 percent of the total new units in the Redevelopment Area must be affordable to low and moderate income, and that 40 percent of those units were to be affordable to very low income. He stated that for the proposed project, 46 units should be affordable and that the Council's policy was to require the affordable units for each project to be at the low and very low income categories. In response to Councilmember Wozniak, Mr. Miller stated that driveways could be modified from the 16 feet proposed to a length of 20 feet to make it easier to maneuver automobiles. In response to Councilmember Wozniak, Mr. Miller stated that an additional pedestrian access to Liberty Bell Road, not vehicular access, was recommended by the Planning Commission. Councilmember Wozniak stated that a block wall and additional landscaping should be provided along the Arroyo Simi to discourage shortcuts and vandalism, that he was concerned regarding the inadequate buffer proposed adjacent to the Maureen Lane residences and the 40 -foot animal setback issue, that one pool may not be adequate and that the private recreation area may need to be relocated so as to have less impact on the traffic circulation. Councilmember Evans stated that the 40 -foot setback requirement should be reviewed, and that he was concerned regarding more peak hour trips on Los Angeles Avenue and the inadequate buffer adjacent to Maureen Lane residences. He also stated that the project may need to be scaled down to result in a lower volume of traffic. Minutes of the City Council Moorpark, California Page 8 December 16, 1998 Councilmember Harper stated that concerns as Councilmember Evans. incompatible land use is a probl( one -story homes would have issues. He suggested sending the the committee for redesign. he had similar He stated that �m and that even incompatibility project back to Councilmember Rodgers stated that she agreed with the circulation concerns, although she didn't have a problem with the recreation amenities proposed. She stated that she was concerned with affordability due to the homeowner association fees required to provide private streets, recreation areas, and landscaping as proposed. She also expressed concern with the potential for on- street parking problems due to the planned driveway lengths. She said she supported sending the project back to committee. In response to Councilmember Rodgers, Mr. Kueny suggested reactivating the ad hoc committee, to address development agreement and site plan issues. Mayor Hunter stated his three problems with the project were the buffer zone, amenities, and density. He stated that the project now is at 303 units, 26 of which back to Maureen Lane. He suggested elimination of those 26 units as well as 5 more units on the west side to allow room for a second recreation area. He further suggested that a road could be created next to Maureen Lane residences to provide access to a private recreation area, and that use of east -to -west streets in the development would further reduce the number of units near Maureen Lane. He asked that the project be referred to the Community Development Committee. Councilmember Harper suggested allowing input from the residents to the committee. Mr. Kueny suggested the project be referred to an ad hoc committee that could choose to meet publicly. Minutes of the City Council Moorpark, California Page 9 December 16, 1998 In response to Mayor Hunter, Ms. Freeman commented that she would like to work quickly with staff to bring this item back to Council within three months. In response to Mayor Hunter, Mr. Chung stated that to bring a revised full set of plans back to the Council or committee would require approximately 30 to 45 days. Mr. Kueny suggested setting a date certain for continuance of the public hearing to the second meeting in February and that the ad hoc committee meetings be noticed. Mayor Hunter suggested continuing the public hearing to the first meeting in March. CONSENSUS: By consensus the Council determined that Councilmembers Evans and Harper would serve on a new Ad Hoc Committee for the Pacific Communities Project. MOTION: Councilmember Evans moved and Councilmember Rodgers seconded a motion to continue the public hearing to March 3, 1999. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, the Council recessed. The time was 9:30 p.m. The Council reconvened at 9:55 p.m. A. Consider Request by A -B Properties and Southern California Edison Company for Approval of General Plan Amendment No. 97 -2 to Amend the Land Use Element of the General Plan from AG -1 (Agricultural) to I -2 (Medium Industrial), on Undeveloped Land Located West of Gabbert Road and North of the Southern Pacific Railroad (Continued from December 2, 1998 with the Public Hearing Closed). Staff Recommendation: Approve General Plan Amendment No. 97 -2 with adoption of Resolution No. 98 -1556 also approving General Plan Amendment No. 96 -1 (Pacific Communities). Mr. Kueny gave the staff report. He stated that the reference to Pacific Communities should be deleted from the resolution. Minutes of the City Council Moorpark, California Page 10 December 16, 1998 In response to Councilmember Evans, Mr. Kueny stated that there are no offsite improvements required until 40 percent buildout is reached; that the Los Angeles Avenue connection must be built before any building permit issuance above the 70 percent; and that the bonding must be in place by the first final map. In response to Councilmember Evans, Mr. Kueny stated that public hearing signs would now be required to be posted at a visible location offsite, if there are no visible locations onsite. In response to Councilmember Harper, Mr. Kueny stated that any substantive project change would require a new public hearing. He also stated that a meeting has already been set up regarding forming an assessment district for the project site and adjacent properties to finance road improvements. Councilmember Harper commented that the Board of Supervisors is looking at Highway 118 in a different light and possibly to maintain it as more rural. He said the project is inconsistent with that direction. He also said there is a need to have Highway 118 taken off the State list as a truck route. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to adopt revised Resolution 98 -1566, approving General Plan Amendment No. 97 -2 and amending the Land Use Element of the General Plan from AG -1 (Agricultural) to I -2 (Medium Industrial). The motion carried by voice vote 4 -1, Councilmember Harper dissenting. C. Consider Resolution No. 98- Approving a Change of Control of the Cable Communications Franchise held by TCI Cablevision of California, Inc. Staff Recommendation: Adopt Resolution No. 98- approving a change of control of the Cable Communications franchise held by TCI Cablevision of California, Inc. Minutes of the City Council Moorpark, California Page 11 December 16, 1998 John Nowak gave the staff report and indicated that TCI had requested a continuance. Mayor Hunter opened the public hearing; there were no public speakers. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to continue the public hearing to the January 20, 1999 meeting. The motion carried by unanimous voice vote. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Appointment to the Teen Council. Staff Recommendation: Appoint one member to the Teen Council to fill the unexpired term to expire June 30, 1999. CONSENSUS: By consensus the Council determined to continue this item to the January 20, 1999 meeting. B. Consider Canceling City Council Regular Meeting of January 6, 1999. Staff Recommendation: Direct staff to schedule a Council recess for January 6, 1999, and post a notice of meeting cancellation. Mr. Kueny gave the staff report. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to cancel the January 6, 1999 City Council meeting. The motion carried by unanimous voice vote. C. Consider Appointments to the Budget Citizens Advisory Committee and Extending Application Period. Staff Recommendation: Direct staff to extend the application period to December 30, 1998, 5:00 p.m. and allow for non - resident business persons to apply for the position. Ms. Traffenstedt gave the staff report. In response to Mayor Hunter, Mr. Kueny indicated that personal outreach within the community can be done and that a draft mission statement can be provided to the Council. He also stated that he Minutes of the City Council Moorpark, California Page 12 December 16, 1998 anticipated that approximately six committee meetings could be held over an eight -week period. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to extend the application period to December 30, 1998 at 5:00 p.m. to allow for non - resident business persons to apply for the position, and to continue this item to the January 20, 1999 meeting. The motion carried by unanimous voice vote. D. Consider A Request from Cabrillo Economic Development Corporation for a Modification to the Fee Payments for Tentative Tract Map No. 5161 and RPD No. 98 -07 (Gisler Field). Staff Recommendation: Approve the fee modification requests submitted by Cabrillo Economic Development Corporation for Tentative Tract Map No. 5161 and RPD No. 98 -07 (Gisler Field) as follows: 1) Development fees for the 15 affordable housing units are to be paid in full prior to the issuance of a Certificate of Occupancy; 2) Development fees for the market rate housing units are to be paid in full prior to the issuance of a building permit; 3) The development fees for the Gisler Field project shall be those in effect on July 8, 1998; and 4 ) The Quimby fees for the 15 affordable housing units are to be capped at a $3,000 per unit. John Nowak gave the staff report. In response to Mayor Hunter, Mr. Nowak clarified that Quimby fees will be required for all 59 units, with a cap of $3,000 for the 15 affordable units as previously approved. Karen Flock, 1011 Azahar St., Saticoy, representing Cabrillo Economic Development Corporation, commented on the Quimby fees and requested a cap on the Quimby fees for all of the units. She also requested support for the fee modification requests. Mr. Kueny stated that the trade off would be less park money if the Quimby fees are less. Minutes of the City Council Moorpark, California Page 13 December 16, 1998 MOTION: Councilmember Harper moved that the $3,000 cap be applied to all units for Quimby fees. The motion failed for lack of a second. MOTION: Councilmember Evans moved and Councilmember Rodgers seconded a motion to approve the fee modification requests submitted by Cabrillo Economic Development Corporation for Tentative Tract Map No. 5161 and RPD No. 98 -07 (Gisler Field) as follows: 1) Development fees for the 15 affordable housing units are to be paid in full prior to the issuance of a Certificate of Occupancy; 2) Development fees for the market rate housing units are to be paid in full prior to the issuance of a building permit; 3) The development fees for the Gisler Field project shall be those in effect on July 8, 1998; and 4) The Quimby fees for the 15 affordable housing units are to be capped at a $3,000 per unit. The motion carried by unanimous voice vote. E. Consider Resolution No. 98 -1557 Approving a Waiver to Setback Requirements Requested by Cabrillo Economic Development Corporation for Tentative Tract Map No. 5161 and RPD No. 98 -07 (Gisler Field). Staff Recommendation: Adopt Resolution No. 98 -1557 approving waivers to the setback requirements for Tentative Tract Map No. 5161 and RPD No. 98 -07. John Nowak gave the staff report. In response to Councilmember Evans, Mr. Kueny stated that the proposed setbacks were within the range approved by the Redevelopment Agency but a larger number of units were now affected. In response to Mayor Hunter, Ms. Flock indicated that the setbacks are consistent with the plan presented to the Redevelopment Agency. Mr. Nowak confirmed that the setback variances were shown in the original plans. Mr. Miller stated that all two -story units have windows facing side yards, which would require a 10 -foot setback unless a waiver is approved. Minutes of the City Council Moorpark, California Page 14 December 16, 1998 MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to adopt Resolution No. 98- 1557 approving waivers to the setback requirements for Tentative Tract Map No. 5161 and RPD No. 98 -07. The motion carried by unanimous voice vote. F. Consider Resolution No. 98 -1558 Approving a Request from Cabrillo Economic Development Corporation for Modifications to Street Design Standards for Tentative Tract Map No. 5161 and RPD No. 98 -07 (Gisler Field). Staff Recommendation: Adopt Resolution No. 98 -1558 approving modifications to the street design standards for Tentative Tract Map No. 5161 and RPD No. 98 -07. John Nowak gave the staff report. In response to Councilmember Rodgers, Mr. Nowak stated that the sidewalks and curb would be adjusted within the entire development. In response to Councilmember Evans, Mr. Nowak stated that the Fire Department would approve if the curbs were painted red and /or no stopping at any time signs were installed. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adopt Resolution No. 98- 1558 approving modifications to the street design standards for Tentative Tract Map No. 5161 and RPD No. 98 -07. The motion carried by unanimous voice vote. G. Consideration of Traffic Signals at Maureen Lane and Shasta Avenue at Los Angeles Avenue. Staff Recommendation: Direct staff to prepare warrant studies for both Maureen Lane and the proposed 4- way Shasta Avenue intersections (the Los Angeles Avenue Area of Contribution to pay one half of the cost of the studies and the developer to pay the other one half). Dirk Lovett gave the staff report. In response to Councilmember Harper, Mr. Lovett agreed that the warrant studies should wait until Minutes of the City Council Moorpark, California Page 15 December 16, 1998 the Council has reviewed the redesign of the Pacific Communities Project. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to direct staff to prepare warrant studies for both Maureen Lane and the proposed 4 -way Shasta Avenue intersections (the Los Angeles Avenue Area of Contribution to pay one half of the cost of the studies and the developer to pay the other one half), with the warrant studies to be delayed until after the redesign of the Pacific Communities Project has been reviewed by the Council. The motion carried by unanimous voice vote. H. Consider Resolution No. 98 -1559 Amending the Fiscal Year 1998 -99 Budget to make Adjustments Related to the State Controller's Gas Tax Fund Audit. Staff Recommendation: Adopt Resolution No. 98 -1559 making various budget adjustments in response to the State Controller's Gas Tax Fund audit. (ROLL CALL VOTE REQUIRED) John Nowak gave the staff report. In response to Mayor Hunter, Mr. Nowak explained the dollar amounts given in the staff report for required fund adjustments. In response to Councilmember Harper, Mr. Nowak stated that no cash would be leaving the City, and that this was simply an accounting function. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adopt Resolution No. 98- 1559 making various budget adjustments in response to the State Controller's Gas Tax Fund audit. The motion carried by unanimous roll call vote. I. Consider Approval of the 1997 Annual Report to the California Integrated Waste Management Board (CIWMB) on the City's Waste Reduction Status. Staff Recommendation: Approve the 1997 Annual Report to the California Integrated Waste Management Board (CIWMB) with the revised base year waste generation calculations. John Brand gave the staff report. Minutes of the City Council Moorpark, California Page 16 December 16, 1998 In response to Mayor Hunter, Mr. Brand stated that the base year waste generation calculations that were originally calculated in 1990 for Moorpark underestimated the total waste generation at that time. Councilmember Harper commented on the inefficiency of trash separation and pick up methods and stated that the current size of the recycling containers was too small and hindered recycling efforts. He also stated that when the waste hauler contracts are renewed, the size of containers should be looked at. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to approve the 1997 Annual Report to the California Integrated Waste Management Board (CIWMB) with the revised base year waste generation calculations. The motion carried by unanimous voice vote. J. Consider Resolution No. 98 -1560 Rescinding Resolution No. 97 -1414, Updating Solid Waste Collection Fees. Staff Recommendation: 1) Approve the annual solid waste fee adjustment with the City of Moorpark Franchise Haulers and 2) Adopt Resolution No. 98 -1560, Rescinding Resolution 97 -1414, approving new 1999 Solid Waste Collection Fees, and updating Exhibit G of the Franchise Agreements, effective January 1, 1999. (ROLL CALL VOTE REQUIRED) John Brand gave the staff report. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to: 1) Approve the annual solid waste fee adjustment with the City of Moorpark Franchise Haulers and 2) Adopt Resolution No. 98 -1560, Rescinding Resolution 97 -1414, approving new 1999 Solid Waste Collection Fees, and updating Exhibit G of the Franchise Agreements, effective January 1, 1999. The motion carried by unanimous roll call vote. K. Consider Request from the Moorpark Unified School District (MUSD) for the City Council to Authorize the Execution of Certain Agreements and to Minutes of the City Council Moorpark, California Page 17 December 16, 1998 Authorize Advertisement for Receipt of Bids for the Construction of a Traffic Signal and Related Improvements at the Intersection of Casey Road and Walnut Canyon Road (State Route 23). Staff Recommendation: 1) Authorize the Mayor to sign the City /Caltrans Cooperative Agreement, subsequent to execution of the City /MUSD Agreement and subject to final language approval by the City Attorney and the City Manager; 2) Authorize the Mayor sign the City /MUSD Agreement subject to final language approval by the City Attorney and the City Manager; and 3) Authorize staff to advertise for receipt of bids for the construction of the subject project upon completion of the prerequisites for such action noted in Section H of the report. Ken Gilbert gave the staff report. In response to Councilmember Harper, Mr. Gilbert stated that City Council approval of the design plans is a safety measure in regard to potential litigation. MOTION: Councilmember Harper moved and Councilmember Evans seconded a motion to: 1) Authorize the Mayor to sign the City /Caltrans Cooperative Agreement, subsequent to execution of the City /MUSD Agreement and subject to final language approval by the City Attorney and the City Manager; 2) Authorize the Mayor to sign the City /MUSD Agreement subject to final language approval by the City Attorney and the City Manager; and 3) Authorize staff to advertise for receipt of bids for the construction of the subject project upon completion of the prerequisites for such action noted in Section H of the report. The motion carried by unanimous voice vote. L. Consider Regional Monitoring and Implementation Committee Relating to County Advisory Measure A. Staff Recommendation: Direct staff as deemed appropriate. Nelson Miller gave the staff report and recommended that the item be taken off calendar due to the action taken by the County Board of Supervisors. Minutes of the City Council Moorpark, California Page 18 December 16, 1998 CONSENSUS: By consensus the Council determined to take this item off calendar. M. Consider Review of E1 Rodeo Conditional Use Permit. Staff Recommendation: Direct staff as deemed appropriate. Mayor Hunter stated that he had requested this item be placed on the agenda due to recent incidents at the restaurant. He also stated that a letter had been received requesting continuance. Councilmember Wozniak suggested referring the matter to the Community Development Committee. Mayor Hunter commented on a memorandum from Senior Deputy Martinelli regarding continuing non - compliance with conditions of approval. He questioned the need to refer the matter to the Community Development Committee. Councilmember Wozniak stated the Committee could direct Captain Lewis to monitor condition compliance. Mayor Hunter stated he Development Committee Committee is directed safety or police issues. In response to CouncilmE stated the owners were compliance. could support Community involvement if the to not address public ember Evans, Captain Lewis willing to work towards Mr. Kueny stated the Community Development Committee was not scheduled to meet before January 20, 1999, unless a special meeting is called. MOTION: Mayor Hunter moved and Councilmember Evans seconded a motion to continue this item to the January 20, 1999 meeting and directed staff to schedule a special meeting of the Community Development Committee to address condition compliance. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 19 December 16, 1998 N. Consider Sheriff's Department 5 Year Strategic Planning Process. Staff Recommendation: Consider the designation of two Councilmembers to participate in the Public Safety Forum to be held January 13, 1999. Captain Mike Lewis gave a brief staff report. Mayor Hunter and Councilmember Wozniak each volunteered to participate in the Public Safety Forum to be held January 13, 1999. 11. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to pull Item ll.A. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. B. Consider Approval of Warrant Register of December 6, 1998. Fiscal Year 1998/99 Manual Warrants 43308 - 43318 $ 37,067.43 Voided Warrants 43039 $ (14,552.26) Regular Warrants 43320 - 43358 - D $ 52,286.45 43359 - 43418 - V $ 122,419.82 C. Consider Resolution No. 98 -1561 Related to the City's Trust Accounts with Bank of New York (BNY) Western Trust Company. Staff Recommendation: Adopt Resolution No. 98 -1561 pertaining to trust accounts with the Bank of New York Western Trust Company. D. Consider Agreement Between County of Ventura and City of Moorpark Pertaining to Distribution of Cash and Personal Assets of the Moorpark Mosquito Abatement District. Staff Recommendation: Approve the agreement for the Distribution of Cash and Personal Assets of the Moorpark Mosquito Abatement District subject to final language approval of the City Attorney and City Manager, Minutes of the City Council Moorpark, California Page 20 December 16, 1998 and authorize the Mayor to sign the Agreement on behalf of the City. The following item was pulled from the Consent Calendar for individual consideration: A. Consider Approval of Minutes of the November 18, 1998 Regular City Council Meeting. Consider Approval of Minutes of the December 2 1998 Reaular Citv Council Meetina. Staff Recommendation: Approve the minutes as processed. Councilmember Rodgers stated that the November 18 minutes should be corrected for Item 9.B. to add the word "retail ", so that the minutes read that she did not believe retail commercial development on the site would help High Street. She also stated that the December 2 minutes should be corrected for Item 9.B. to add the word "retail ", so that the minutes read that she stated that she did not envision retail commercial on the site. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to approve the minutes of November 18, 1998, as amended. The motion carried by voice vote 4 -0, Councilmember Harper abstaining. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to approve the minutes of December 2, 1998, as amended. The motion carried by unanimous voice vote. 12. ORDINANCES: A. Consider Ordinance No. 249, An Ordinance of the City Council of the City of Moorpark, California, approving Zone Change No. 97 -6 to Change the Zoning Designation on Undeveloped Land Located West of Gabbert Road and North of the Southern Pacific Railroad from A -E (Agricultural Exclusive) to M -2 (Medium Industrial) on the Application of A -B Properties and Southern California Edison Company (Continued from Minutes of the City Council Moorpark, California Page 21 December 16, 1998 December 2, 1998) . Staff Recommendation: Adopt on Second Reading Ordinance No. 249. MOTION: Councilmember Evans moved and Councilmember Rodgers seconded a motion to waive full reading of Ordinance No. 249. The motion carried by unanimous voice vote. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to adopt on second reading Ordinance No. 249. The motion carried by voice vote 4 -1, Councilmember Harper dissenting. B. Consider Ordinance No. 250, An Ordinance of the City Council of the City of Moorpark, California, Adopting a Development Agreement between the Cites of Moorpark and A -B Properties and a Development Agreement between the City of Moorpark and the Southern California Edison Company. Staff Recommendation: Adopt on Second Reading Ordinance No. 250. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to waive full reading of Ordinance No. 250. The motion carried by unanimous voice vote. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to adopt on second reading Ordinance No. 250. The motion carried by voice vote 4 -1, Councilmember Harper dissenting. 13. CLOSED SESSION: The City Manager announced that the City Council would be going into closed session for discussion of Item 13.C. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to adjourn to closed session for a discussion of Item 13.C. The motion carried by unanimous voice vote. The time was 11:12 p.m. A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Minutes of the City Council Moorpark, California Page 22 December 16, 1998 Government Code: (Number of cases to be discussed - 4) 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Assistant City Manager, City Attorney, City Clerk, City Manager, City Engineer, Chief of Police, Director of Community Development, Director of Community Services, Public Works Director Present in closed session were all Councilmembers and Steven Kueny, City Manager. The Council reconvened into open session at 12:17 p.m. Mr. Kueny reported that there was no action to report for Item 13.C. 14. ADJOURNMENT: Mayor Hunter adjourned the meetirq at 12:18 p.m. ATTEST: ter, Mayor 0 Deborah S. Traffenste t, City Clerk