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HomeMy WebLinkAboutMIN 1999 0602 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California June 2, 1999 A Regular Meeting of the City Council of the City of Moorpark was held on June 2, 1999 in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Pro Tem Evans called the meeting to order at 7 :02 p.m. 2. INVOCATION: A silent moment of reflection was held. 3. PLEDGE OF ALLEGIANCE: Councilmember Wozniak led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Evans, Harper, Rodgers, and Wozniak. Absent: Mayor Hunter Staff Present: Steven Kueny, City Manager; John Nowak, Assistant City Manager; Cheryl Kane, City Attorney; Wayne Loftus, Acting 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; John Libiez, Principal Planner; Paul Porter, Principal Planner; Deborah Traffenstedt, City Clerk and Lisa Pope, Deputy City Clerk. S. PROCLAMATIONS AND COMMENDATIONS: A. Recognize Celia LaFleur for 15 years of service as a City employee Mayor Pro Tem Evans commended Celia LaFleur, Administrative Secretary, for fifteen years of service to the City. Minutes of the City Council Moorpark, California Page 2 June 2, 1999 B. Recognize Start of Moorpark Centennial Celebration Debbie Ryono discussed the history of Moorpark and the Centennial Celebration. She invited the community to participate in planning the celebration. C. Introduction of Starrett Kreissman, Director of Library Services Mayor Pro Tem Evans introduced Starrett Kreissman, Director of Library Services. Ms. Kreissman complimented the City and stated she looked forward to working with the Council. 6. PUBLIC COMMENT: Eloise Brown, 13193 Annette Street, discussed her concerns regarding the Parks and Recreation Assessment Ballot. Mark DiCecco, 3922 Hatfield Court, discussed "sustainability". He stated 22 acres were necessary to sustain a single person. He discussed development in the City. He discussed ranchette style homes. He discussed sprawl within the San Fernando Valley. He suggested reasonable size homes, clustered together be built. He discussed the need to attract and maintain businesses. AT THIS POINT in the meeting, a recess was declared to convene the Redevelopment Agency. The time was 7 :21 p.m. The Council reconvened at 7 :27 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.) Mayor Pro Tem Evans stated Item 9.E. would be continued to June 16, 1999. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Wozniak requested a resolution directing the Planning Commission to begin the process of rezoning Specific Plan 8. Mayor Pro Tem Evans announced that the City is requesting applications for the Teen Council. He also announced that the City is holding a community forum on Tuesday, June 15 on the future desires for cable communication services in the City. Minutes of the City Council Moorpark, California Page 3 June 2, 1999 This is an opportunity for residents and businesses to indicate what they would like to be provided through cable television franchises beginning January 2001. 9. PUBLIC HEARINGS: A. Consider General Plan Amendment No. 96 -1, Zone Change No. 96 -2, Vesting Tentative Tract No. 5053, Residential Planned Development Permit No. 96 -1, and Development Agreement No. 98 -2 (Pacific Communities) Relating to Proposal for 303 Residential Lots Located on the South Side of Los Angeles Avenue in the Vicinity of Goldman and Shasta Avenues (Assessor Parcel Nos.: 506 -0 -03 -135, 145, 155, 165 and 185). (Continued from March 3, 1999, with public hearing open.) Staff Recommendation: 1) Accept public testimony and close the public hearing on General Plan Amendment No. 96 -1, Zone Change No. 96 -2, Residential Planned Development Permit No. 96 -1, and Development Agreement No. 98 -2; 2) Review, consider, and approve the Mitigated Negative Declaration and Mitigation Monitoring Program; 3) Adopt Resolution No. 99- , approving General Plan Amendment No. 96 -1; 4) Introduce Ordinance No. approving Zone Change No. 96 -2 for first reading; 5) Adopt Resolution No. 99- approving Vesting Tentative Tract No. 5053 and Residential Planned Development Permit No. 96 -1; and 6) Introduce Ordinance No. approving the Development Agreement between the City and Pacific Communities, for first reading. Mr. Loftus gave the staff report. In response to Councilmember Rodgers, Mr. Loftus stated the gated entranceways would deter the public from entering and using the private streets. He stated maintenance was the main purpose for recommending private streets. Councilmember Wozniak asked about the deletion of patio covers, accessory structures and second story decks. Mr. Loftus stated there had been concern regarding buffering on the adjacent properties on Maureen Lane. He stated the current project included landscaping and a street and therefore the condition was unnecessary. In response to Councilmember Wozniak, Mr. Loftus stated the sprinklers were initially a requirement placed by Ventura County Fire Department due to restricted access. He stated the circulation of the plan had been revised and sprinklers were no longer necessary which the Fire Department agreed with. Minutes of the City Council Moorpark, California Page 4 June 2, 1999 In response to Mayor Pro Tem Evans, Mr. Loftus stated the residential units would not have sprinklers but he was unsure about the recreational building. In response to Mayor Pro Tem Evans, Mr. Loftus stated there is a condition requiring a gate at the cul -de -sac, to be kept locked until legal access to the Arroyo Simi is obtained. In response to Councilmember Harper, Mr. Loftus stated the ad hoc committee had suggested the homes closest to Maureen Lane be single story and have side yards. He stated the southwest corner of the project was a passive recreation area separating the project from the Maureen Lane homes. He explained that staff had suggested those units be limited to one story in height due to the proximity to the recreation area. He stated the Commission had felt the condition was unnecessary and therefore deleted the condition. Elaine Freeman, 2509 E. Thousand Oaks Blvd., Thousand Oaks, discussed the history of the project design. She identified the lots that would have two -story homes in the vicinity of existing homes on Maureen Lane. She discussed changes that had been made to the project to eliminate concerns presented by the City. Nelson Chung, 1000 Dove Street, Newport Beach, presented photographs of the design of the project. He discussed the reasons for proposing the streets as private, to save the City maintenance costs and their desire to enhance the entrances. He discussed the design of the homes adjacent to Maureen Lane. He discussed the proposed linkage to Liberty Bell Road and the Walnut Canyon drain that requires him to dedicate an easement. He stated the County would install the drainage facility. Ms. Freeman stated the Ventura County Fire District required sprinklers unless direct access to homes was provided. Carla K. Ryhal, 280 N. Westlake Blvd., Suite 200, Westlake Village, attorney representing Pacific Communities, discussed the development agreement and presented their requested amendments. Mayor Pro Tem Evans stated his concern with receiving the suggested revisions and not having adequate time for review. Mr. Kueny stated if the item were to be continued, it should be continued to July 21, 1999, due to the heavy Council calendar and vacation schedule. Minutes of the City Council Moorpark, California Page 5 June 2, 1999 Susan Mittleton, 832 Maureen Lane, thanked the Council and Mr. Chung for creating a development that they were satisfied with. Mr. Chung stated the development agreement was an effort between the City and developer. He stated the requested amendments were not substantial, only minor language changes. He requested the Council approve the project if the development agreement is to be continued. Councilmember Harper indicated his support for private streets. In response to Councilmember Harper, Mr. Chung stated Mayor Hunter had not supported the gates. Mayor Pro Tem Evans stated the concern was with stacking of cars. Mr. Chung stated removing the gate would eliminate stacking. In response to Councilmember Harper, Mr. Chung stated the alternate access might eliminate the stacking problem. In response to Councilmember Harper, Mr. Chung discussed the amenities to be included in the recreation facility. Councilmember Harper suggested a wading pool be included. He discussed the disruption to the neighbors on Maureen Lane by allowing access to the arroyo. In response to Councilmember Wozniak, Mr. Loftus stated the conditions required the linkage on the eastern portion of the project for roadway construction be accomplished. He stated Council could incorporate phasing so that the linkage may be implemented consistent with the access needs of the project. In response to Councilmember Wozniak, Mr. Loftus stated future General Plan amendments would not be impacted by the project. In response to Councilmember Harper, Mr. Loftus stated the applicant had indicated that it was their full intent to proceed with the property to the east, therefore, the condition should be acceptable to the applicant. In response to Councilmember Rodgers, Mr. Chung stated he was currently in escrow for the property to the east, with a closing date of July 15. Mr. Chung stated his intention was to build the same type of project, just as a later phase of development. Mr. Kueny indicated that Mayor Pro Tem Evans had submitted a memorandum to the Council with two additional items and that the applicant has previously agreed to the language. Minutes of the City Council Moorpark, California Page 6 June 2, 1999 In response to Mayor Pro Tem Evans, Mr. Kueny stated he could finalize the requested amendments after a brief discussion with applicant. Mr. Kueny suggested tabling the item until later in the meeting. Councilmember Harper suggested the wall along the arroyo and enhanced amenities in the recreational area be addressed. In response to Councilmember Harper, Mr. Kueny stated it would be difficult to reach consensus regarding a wall to be constructed along the arroyo, and the private recreational area design did not need to be included in the Development Agreement. Mayor Pro Tem Evans suggested tabling the item to follow the Presentation /Action /Discussion portion of the agenda. MOTION: Mayor Pro Tem Evans moved and Councilmember Harper seconded a motion to table the item to follow Item 10.G. The motion carried by voice vote 4 -0, Mayor Hunter absent. B. Consider Request by Archstone Communities for Approval of General Plan Amendment No. 97 -3 for a Change in the Land Use Designation of the General Plan from General Commercial (C -2) to Very High Density Residential (VH), Zone Change No. 97 -7 to Change the Zoning Designation of the Property from CPD (Commercial Planned Development) to RPD 16.2 (Residential Planned Development 16.2 Units per Acre Maximum) Residential Planned Development Permit No. 97 -1 for Construction of 312 Apartment Units, Property Located on the West Side of Moorpark Avenue, South of Los Angeles Avenue Adjacent to the Arroyo Simi (APN 506 -0- 050 -275). (Continued from May 19, 1999, with public hearing open.) Staff Recommendation: 1) Close the public hearing on General Plan Amendment No. 97 -3, Zone Change No. 97 -7 and Residential Planned Development Permit No. 97 -1; 2) Review, consider and approve the Mitigated Negative Declaration and Mitigation Monitoring Program; 3) Adopt Resolution No. 99- approving General Plan Amendment No. 97 -3; 4) Introduce Ordinance No. approving Zone Change No. 97 -7 for first reading; and 5) Adopt Resolution No. 99- approving Residential Planned Development Permit No. 97 -1. Mr. Loftus gave the staff report. In response to Councilmember Wozniak, Mr. Gilbert stated they had meet with the applicant and Caltrans regarding access design for Los Angeles Avenue near the Moorpark Avenue intersection. Mr. Gilbert stated the double - double Minutes of the City Council Moorpark, California Page 7 June 2, 1999 yellow line would eliminate left turns out of Flory Avenue. In response to Councilmember Wozniak, Mr. Kueny stated the City could work with Caltrans to determine alternatives to prevent left turns out of Flory Avenue. He stated Caltrans has denied the use of a raised median and oversized Bots dots. Councilmember Wozniak discussed a location in Simi Valley with a large plastic extension arm. In response to Councilmember Wozniak, Mr. Gilbert stated he would discuss the possibility with Caltrans. Councilmember Wozniak stated it was necessary to consider Flory Avenue in making changes to the Moorpark Avenue intersection. In response to Councilmember Harper, Mr. Loftus stated the current language in Condition No. 68 was adequate. Councilmember Rodgers stated Condition No. 68 is an occupancy condition. John Luedtke, Archstone Communities, stated he was available to answer questions. Mayor Pro Tem Evans closed the public hearing. Mr. Kueny suggested deferring action on the project until considering the development agreement. CONSENSUS: By consensus, the Council tabled the item to be taken concurrently with Item 9.C. C. Consider Request by Archstone Communities for Development Agreement No. 97 -1 for Property Located on the West Side of Moorpark Avenue, South of Los Angeles Avenue Adjacent to the Arroyo Simi (APN. 506 -0- 050 -275). Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing on Draft Development Agreement 97 -1; 2) Introduce Ordinance No. , approving Development Agreement No. 97 -1 between the City of Moorpark and Archstone Communities, for first reading. Mr. Kueny gave the staff report. He stated they had agreed on the amendments with the exception of Section 6.10, Affordable Housing, and the calculation of rent for affordable tenants. He explained that the question is whether it should be based on actual income or 30 percent of the median income for low and very -low income households. He requested continuing the matter for one Minutes of the City Council Moorpark, California Page 8 June 2, 1999 week to discuss the issue with the applicant and ad hoc committee. In response to Mayor Pro Tem Evans, Mr. Kueny stated the only rental project including affordable housing was Le Club Apartments, which did not necessarily provide the best approach. He discussed density bonuses, which he stated was not necessarily the model to look at for the project. He suggested returning to Item 9.B. to address any Council questions. Mr. Kueny stated the applicant had suggested 12 months rather than 18 months for improvements on Park Lane. He stated Section 7.f. could be deleted and the remaining point for discussion was Section 6.10. He stated the intended party to the development agreement is the current property owner, not Archstone. Mr. Luedtke concurred with the City Manager's suggestion for continuance. He stated he was confident that the owner would sign the agreement. Mr. Kueny suggested continuing Item 9.C. to June 9 with the public hearing open, close the hearing on Item 9.B., and receive any directions/ changes from Council with specific action deferred until reading of the ordinance for the Development Agreement. Councilmember Wozniak requested returning to Item 9.B. to discuss concerns regarding Flory Avenue and his proposed changes. Councilmember Rodgers concurred that the intersection was dangerous and supported investigating other alternatives. Mr. Kueny stated the prohibition of left turns in and out of Flory Avenue was not on the agenda, and suggested placing the matter on the June 16 agenda. He asked if it was the Council's intent to restrict left turns from Flory Avenue to Los Angeles Avenue prior to any agreements. Councilmember Wozniak stated yes. Mr. Kueny discussed the City's experience with the Burger King and Blockbuster entrances, and stated no improvements or striping could be placed in the Caltrans right -of -way. In response to Councilmember Harper, Mr. Kueny stated if the Council so directed, notice would be provided to the residents on Flory Avenue, as well as to the School District. Minutes of the City Council Moorpark, California Page 9 June 2, 1999 MOTION: Councilmember Wozniak moved and Councilmember Rodgers seconded a motion to continue Item 9.B. to June 9 with the public hearing closed and to continue Item 9.C. to June 9 with the public hearing open. The motion carried by voice vote 4 -0, Mayor Hunter absent. AT THIS POINT in the meeting, the Council took a recess. The time was 8 :47 p.m. The Council reconvened at 8:57 p.m. D. Consider Final Review and Changes to the Engineer's Report for AD84 -2 and the Adoption of a Resolution Confirming the Assessment Amounts for Fiscal Year 1999/00. Staff Recommendation: 1) Open the public hearing, receive testimony and close the public hearing; 2) Continue all other matters to the date of the Budget Workshops and /or June 16, which ever occurs first. (Note: Subsequent to the budget workshop meetings, but no later than June 30, 1999, staff recommends that the City Council take the following actions: a) make the changes to the Engineer's Report listed in Exhibit 3 of the Agenda Report; b) make any other final desired changes to the Engineer's Report and to the proposed assessments for FY 1999/00; and, c) adopt Resolution No. 99- (Exhibit 4) making certain changes to AD84 -2 and confirming the assessments for Fiscal Year 1999/00. Mr. Gilbert gave the staff report. In response to Councilmember Wozniak, Mr. Gilbert stated the assessment was the same as last year. Mayor Pro Tem Evans opened the public hearing. There being no one wishing to speak, the public hearing was closed. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to continue the item to June 16 or the Budget Study Session, if earlier. The motion carried by voice vote 4 -0, Mayor Hunter absent. E. Consider Appeal of Planning Commission Decision to Approve a Request to Construct Fifteen (15) 6 -Foot High Cellular Antennas and a 320 Square Foot Equipment Shelter on Property Located at 13931 East Los Angeles Avenue on the Application of Air Touch Cellular (APN 512 -0- 160 -300) Conditional Use Permit 99 -5. Staff Recommendation: Direct staff as deemed appropriate. Minutes of the City Council Moorpark, California Page 10 June 2, 1999 Ms. Traffenstedt indicated that the applicant had requested the item be continued to the next available meeting. Mr. Loftus gave the staff report and recommended continuing the item to July 7, 1999. Terri White, representing Ron White, 2800 Moraga Drive, Los Angeles, CA 90077, indicated opposition to the proposed installation of the cellular sites due to degradation of property values. Eloise Brown, 13193 Annette Street, asked what other location sites were reviewed by the applicant, and asked if the other sites involved a different cost. Mayor Pro Tem Evans recommended continuing the item to July 21, 1999. Councilmember Wozniak requested a box item regarding the location of other cellular antennas within residential areas. In response to Councilmember Harper, Mr. Loftus discussed examples of cellular antennas disguised to look like trees. Mr. Loftus stated the Federal Legislation would not allow the City to preclude cellular sites but did allow the City to control impacts to the community. He stated there was opportunity for local government to deal with siting and location. He stated there was not conclusive evidence relative to health impacts due to cellular antennas. He stated the applicant had requested continuance to bring an expert to provide information to the Council. Councilmember Harper requested information from neighboring communities regarding placement of antennas and their distance from residences. Mr. Loftus stated that distance from residences could be regulated. Mayor Pro Tem Evans requested pictures of the antennas. MOTION: Councilmember Wozniak moved and Councilmember Rodgers seconded a motion to continue the item to July 21 with the public hearing open. The motion carried by voice vote 4- 0, Mayor Hunter absent. AT THIS POINT in the meeting, the Redevelopment Agency reconvened to jointly hear Item 9.F. on the City Council's agenda and Item 4.A. on the Redevelopment Agency's agenda. The time was 9:14 p.m. Minutes of the City Council Moorpark, California Page 11 June 2, 1999 9.F. Conduct Public Hearing on Proposed City of Moorpark Operating and Capital Improvements Budgets for Fiscal Year 1999 -2000. Staff Recommendation: 1) Open the public hearing and receive community comments; and 2) Continue the public hearing to a date certain for adoption of the Operating and Capital Improvements Budgets for Fiscal Year 1999/2000. 4.A. Conduct Public Hearing on Proposed City of Moorpark Redevelopment Agency Operating and Capital Improvements Budgets for Fiscal Year 1999 -2000. Staff Recommendation: 1) Open the public hearing and receive community comments; and 2) Continue the public hearing to a date certain for adoption of the Operating and Capital Improvements Budgets for Fiscal Year 1999/2000. Mr. Nowak gave the staff report. Mr. Kueny stated it was not necessary to continue the public hearing. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to close the public hearing and refer Item 9.F, to the Council's Budget Study Session on June 9. The motion carried by voice vote 4 -0, Mayor Hunter absent. MOTION: Agency Member Harper moved and Agency Member Wozniak seconded a motion to close the public hearing and refer Item 4.A. to the Budget Study Session on June 9. The motion carried by voice vote 4 -0, Chair Hunter absent. AT THIS POINT in the meeting, the Redevelopment Agency recessed to closed session to be held at the conclusion of the City Council meeting. The time was 9:17 p.m. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Approval of Design and Specifications for the Senior Center Expansion Project and the Adoption of Resolution No. 99 -1614 Appropriating Funds to Complete the Project. Staff Recommendation: 1) Approve the bid plans and specifications for the Senior Center Expansion Project, including the base bid, Alternates A, B, and C, and termite extermination work as outlined in the Agenda Report, and direct staff to advertise and release said bid; 2) Authorize the reallocation of CDBG Funds in the amount of $28,646 from Affordable Housing to the Senior Center Expansion Project; and 3) Adopt Resolution No. 99- 1614, appropriating $27,925 from the AAA Grant, $244,930 from previous year's CDBG funding allocations, and Minutes of the City Council Moorpark, California Page 12 June 2, 1999 $27,355 FEMA funding (all from Fund (245), and transferring $28,646 in CDBG Funds from General Fund Reserves (100) to the Senior Center Expansion Project (400.702.5021.804.xxxx). ROLL CALL VOTE REQUIRED Ms. Lindley gave the staff report. In response to Councilmember Harper, Ms. Lindley stated automatic front doors were not required under the Americans with Disabilities Act. She stated the front door would be lighter and would accommodate a wheelchair. Gerald Goldstein, 11932 Los Angeles Avenue, discussed the need for diffusion guards on the florescent lamps. He discussed a crack in the asphalt tile, which indicates structural damage to the foundation. He suggested a sound proof enclosure to allow the piano and organ to be played without disturbing others. He discussed above - ground power lines. Councilmember Wozniak requested clarification on the allocation of funds. Ms. Lindley explained the recommendation and stated that the dollar amounts shown in the resolution were correct. MOTION: Councilmember Wozniak moved and Councilmember Rodgers seconded a motion to 1) Approve the bid plans and specifications for the Senior Center Expansion Project, including the base bid, Alternates A, B, and C, and termite extermination work as outlined in the Agenda Report, and direct staff to advertise and release said bid; 2) Authorize the reallocation of CDBG Funds in the amount of $56,570 from Affordable Housing to the Senior Center Expansion Project; and 3) Adopt Resolution No. 99 -1614, appropriating $244,930 from previous year's CDBG funding allocations, and $27,355 FEMA funding (all from Fund (245), and transferring $56,570 in CDBG Funds from the Affordable Housing Program (245.511) and $9,145 from General Fund Reserves (100) to the Senior Center Expansion Project (400.702.5021.804.xxxx). The motion carried by voice vote 4 -0, Mayor Hunter absent. B. Consider Retaining Wall Alternatives on Los Angeles Avenue East. Staff Recommendation: Authorize staff to proceed with the design and right of way acquisition for a non - landscaped "Keystone" type retaining structure. Mr. Lovett gave the staff report. In response to Councilmember Wozniak, Mr. Lovett stated 12 feet of right of way was required for a 20 -foot high Minutes of the City Council Moorpark, California Page 13 June 2, 1999 wall. He stated additional right of way would be required along the entire length of the wall. Councilmember Harper suggested the wall be landscaped. In response to Mr. Kueny, Mr. Lovett explained that the wall has small plant holders, which require drip irrigation systems. Councilmember Wozniak concurred with the staff recommendation with the addition of landscaping. He stated it was necessary to determine costs for maintenance. He indicated his support for the additional cost for landscaping the wall. Mr. Kueny recommended bringing back additional information on landscaping, to determine annual maintenance costs. He stated Gas Tax funds or General Funds could be used for landscape maintenance. Councilmember Harper suggested looking into low - maintenance landscaping. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to authorize staff to proceed with the design and right of way acquisition for a "Keystone" type retaining structure. The motion carried by voice vote 4 -0, Mayor Hunter absent. C. Consider Resolution No. 99 -1615 Ratifying the Ventura County Fire Protection District Ordinance No. 23 Appendix VII Pertaining to Building Standards for Application within the City of Moorpark. Staff Recommendation: Adopt Resolution No. 99 -1615 ratifying Ventura County Fire Protection District Ordinance No. 23 Appendix VII pertaining to building standards for application within the jurisdictional boundaries of the City of Moorpark. Mr. Nowak gave the staff report. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to Adopt Resolution No. 99 -1615 ratifying Ventura County Fire Protection District Ordinance No. 23 Appendix VII pertaining to building standards for application within the jurisdictional boundaries of the City of Moorpark. The motion carried by voice vote 4 -0, Mayor Hunter absent. D. Consider Approval of Request for Proposals (RFP) for Design Services for a Traffic Signal Interconnect System on New Los Angeles Avenue /Los Angeles Avenue and on Minutes of the City Council Moorpark, California Page 14 June 2, 1999 Tierra Rejada Road. Staff Recommendation: Approve the subject Request for Proposals (RFP) for the design of the Traffic Signal Interconnect project and authorize staff to distribute said document to interested firms. Mr. Gilbert gave the staff report. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to approve the subject Request for Proposals (RFP) for the design of the Traffic Signal Interconnect project and authorize staff to distribute said document to interested firms. The motion carried by voice vote 4 -0, Mayor Hunter absent. E. Consider Refund of Swap -Meet Vendor Business Registration Fees. Staff Recommendation: Authorize a 100% refund of the Business Registration fees paid by Moorpark swap -meet vendors. Mr. Reynolds gave the staff report. In response to Mayor Pro Tem the event manager had paid vendors and had attempted to vendors. Evans, Mr. Reynolds stated the fees on behalf of the recover the fees from the In response to Mayor Pro Tem Evans, Mr. Loftus stated the costs for enforcement and visits were being computed. He stated there was an application fee for the Conditional Use Permit (CUP) from which costs incurred for review should be deducted. He stated the applicant has requested return of those fees. In response to Councilmember Harper, Mr. Loftus stated the total amount deposited for the CUP was $4,400. Mr. Kueny explained that the letter submitted by the swap meet vendor had incorporated business registration fees and CUP fees. Councilmember Harper indicated his support for the staff recommendation. Councilmember Wozniak agreed that the business registration fees should be refunded but costs incurred by the City should be deducted from the fee deposit paid for the CUP. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to authorize a 100 percent refund of the Business Registration fees paid by Moorpark swap -meet vendors. The motion carried by voice vote 4 -0, Mayor Hunter absent. Minutes of the City Council Moorpark, California Page 15 June 2, 1999 F. Consider Approval of Cooperative Agreements between the City and Caltrans Pertaining to the State's Relinquishment to the City of Spring Road from New Los Angeles Avenue Northerly to High Street, and Los Angeles Avenue from High Street Easterly and Northerly to the Route 118 Freeway at Princeton Avenue, said Street Segments Being the Prior Alignment of State Route 118. Staff Recommendation: Authorize the Mayor to execute the subject two Agreements pertaining to the relinquishment to the City by Caltrans of that portion of Spring Road and Los Angeles Avenue previously used as the alignment of a portion of State Route 118, subject to final language approval by the City Attorney and City Manager. Mr. Gilbert gave the staff report. In response to Councilmember Wozniak, Mr. Gilbert stated the total cost for Spring Road would be $750,000, which would upgrade the street to City standards for a minimum ten -year lifespan. Mr. Gilbert explained that the proposal for East Los Angles Avenue was for Caltrans to buy out with work to be completed by the City. Mr. Kueny stated the funds would be invested and earn slightly more than 5 percent, which is greater than the construction cost index. He stated the idea was to begin with the realignment and then complete repairs of the road. In response to Councilmember Harper, Mr. Kueny stated the design included 14 feet wide painted medians, rather than landscaped medians. He stated landscaped medians were expensive and would require a landowner approved citywide assessment, but that Council could direct the bid to include a design alternative for landscaped medians. Councilmember Harper requested looking at the costs for landscaped medians. Mr. Gilbert stated the Los Angeles Avenue improvements would have a 20 -30 year life. MOTION: Councilmember Wozniak moved and Councilmember Harper a motion to authorize the Mayor to execute the subject two Agreements pertaining to the relinquishment to the City by Caltrans of that portion of Spring Road and Los Angeles Avenue previously used as a portion of State Route 118, subject to final language approval by the City Attorney and City Manager. The motion carried by roll call vote 4 -0, Mayor Hunter absent. Minutes of the City Council Moorpark, California Page 16 June 2, 1999 G. Consider City Council Meeting Summer Recess. Staff Recommendation: Determine date for Council summer recess, and direct staff to post a notice of meeting cancellation for the selected date. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to cancel the first meeting in August. The motion carried by voice vote 4 -0, Mayor Hunter absent. Mayor Pro Tem Evans announced that tabled Item 9.A. would be considered at this time. 9. PUBLIC HEARINGS: A. Consider General Plan Amendment No. 96 -1, Zone Change No. 96 -2, Vesting Tentative Tract No. 5053, Residential Planned Development Permit No. 96 -1, and Development Agreement No. 98 -2 (Pacific Communities) Relating to Proposal for 303 Residential Lots Located on the South Side of Los Angeles Avenue in the Vicinity of Goldman and Shasta Avenues (Assessor Parcel Nos.: 506 -0 -03 -135, 145, 155, 165 and 185). (Continued from March 3, 1999, with public hearing open.) Staff Recommendation: 1) Accept public testimony and close the public hearing on General Plan Amendment No. 96 -1, Zone Change No. 96 -2, Residential Planned Development Permit No. 96 -1, and Development Agreement No. 98 -2; 2) Review, consider, and approve the Mitigated Negative Declaration and Mitigation Monitoring Program; 3) Adopt Resolution No. 99- , approving General Plan Amendment No. 96 -1; 4) Introduce Ordinance No. 256 approving Zone Change No. 96 -2 for first reading; 5) Adopt Resolution No. 99- approving Vesting Tentative Tract No. 5053 and Residential Planned Development Permit No. 96 -1; and 6) Introduce Ordinance No. 257 approving the Development Agreement between the City and Pacific Communities, for first reading. Mr. Kueny stated the language changes, which had been agreed upon following discussions with the applicant. He discussed Section 6.10 and stated the applicant is meeting the City's required 15 percent affordable housing requirement. He explained that buying out for the very low- income housing requirement would provide the City $900,000 to be used for affordable housing at the Council's discretion. Mr. Chung indicated they concurred with the staff recommendation. He discussed the conditions requiring recreational amenities. Minutes of the City Council Moorpark, California Page 17 June 2, 1999 Mr. Kueny stated the ordinance for the development agreement could be introduced. Mayor Pro Tem Evans closed the public hearing for the project and development agreement. Councilmember Harper requested inclusion of a heated wading pool and a masonry wall adjacent to the Maureen Lane properties that back to the arroyo. In response to Councilmember Wozniak, Mr. Kueny explained the location of the proposed masonry wall, to be at the rear of the three lots on Maureen Lane, would be dependent upon the acquisition of right of way by the Flood Control District. Mayor Pro Tem Evans stated the applicant has made substantial additions as required by the City and the block wall should not be the responsibility of the applicant. Councilmember Harper stated the lifestyle of the existing properties would be changed and the applicant should provide an amenity. Mr. Kueny suggested requiring the wall be completed prior to last occupancy, if the Flood Control District has acquired the property for its widening project. Councilmember Harper concurred with the suggestion. Councilmember Rodgers stated the homeowners had not supported a block wall. She suggested continuing the current wall with slump stone and wrought iron. Councilmember Harper stated it does not afford the residents much privacy. Councilmember Rodgers stated she was not convinced of the need for a wall. Councilmember Wozniak suggested allowing staff the flexibility to work out the language for obtaining the property needed for this project to have a pedestrian access to Liberty Bell. Mr. Kueny stated the original condition still stands, and if nothing happens on the property to the east, the applicant is obligated to either seek the easement or approach the City to obtain the easement at the applicant's expense. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to approve the Mitigated Negative Minutes of the City Council Moorpark, California Page 18 June 2, 1999 Declaration and Mitigation Monitoring Program and continue action on the General Plan Amendment, Vesting Tentative Tract Map and Residential Planned Development Permit to June 16, 1999. The motion carried by voice vote 4 -0, Mayor Hunter absent. Ms. Kane read the ordinance title for Ordinance No. 256, approving Zone Change No. 96 -2. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to waive further reading. The motion carried by voice vote 4 -0, Mayor Hunter absent. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to declare Ordinance No. 256 introduced for first reading. The motion carried by voice vote 4 -0, Mayor Hunter absent. Ms. Kane read the ordinance title for Ordinance No. 257, approving the Development Agreement between the City of Moorpark and Pacific Communities. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to waive further reading. The motion carried by voice vote 4 -0, Mayor Hunter absent. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to declare Ordinance No. 257 introduced for first reading. The motion carried by voice vote 4 -0, Mayor Hunter absent. 11. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to approve the Consent Calendar, with Councilmember Wozniak abstaining from the minutes of March 31 under Item No. ll.A. The motion carried by roll call vote 4- 0, Mayor Hunter absent. A. Consider Approval of Minutes of Regular City Council Meeting of January 20, 1999. Consider Approval of Minutes of Special Joint Citj Council and Planning Commission Meeting of March 31, 1999. Consider Approval of Minutes of Special City Council Meeting of May 12, 1999. Consider Approval of Minutes of Adjourned Citv Council Minutes of the City Council Moorpark, California Page 19 Meetinq of May 12, 1999. June 2, 1999 Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Reqister of June 2, 1999. Fiscal Year 1998/99 Manual Warrants Voided Warrants 44459 44556 - 44559 42533 & 42658 42705 & 44267 44555 $ 2,259.21 $ (475.50) Regular Warrants 44560 - 44604 - D $112,263.12 44605 - 44676 - V $340,653.16 Staff Recommendation: Approve the Warrant Register. C. Consider Bids for the Tierra Rejada Road Storm Drain Inlet Project. Staff Recommendation: 1) Award a contract to J &H Engineering General Contractors, Inc. in the amount of $34,641 for the construction of the subject project; 2) Approve a construction contingency in the amount of $4,359 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 necessary contract documents. D. Consider a One -Year Extension to an Agreement with Coach USA Antelope Valley Bus to Provide Operations and Maintenance Services for the Moorpark City Transit Bus. Staff Recommendation: Approve exercising a one -year extension to the Agreement and direct staff to execute a letter of extension. E. Consider Resolution No. 99 -1616 Approving Program Supplement No. M003 to City /State Agreement No. 07 -5436 related to the 1999 Asphalt Overlay Project. Staff Recommendation: Adopt Resolution No. 99 -1616 approving the subject Supplemental Agreement and authorizing the Mayor to execute said document on behalf of the City Council. F. Consider Bids for the 1999 Asphalt Overlay Project. Staff Recommendation: 1) Adopt Resolution No. 99 -1617 approving an amendment to the FY 1998/99 Budget by increasing the appropriation and budget for the subject project as follows: a) Fund 244: from $480,000 to $663,999 ($183,999 Minutes of the City Council Moorpark, California Page 20 June 2, 1999 increase) ; b) Fund 246: from $0 to $77,154 ($77,154 increase); c) Fund 203: from $334,477 to $691,847 ($357,370 increase); 2) Award a contract to Nye & Nelson, Inc. in the amount of $1,306,148.25 for the construction of the subject project; 3 ) Approve a ten percent (10%) contingency for the project and authorize the City Manager to approve additional work, if required, for a cost not to exceed said contingency; and 4) Authorize the City Manager to sign necessary contract documents. ROLL CALL VOTE REQUIRED G. Consider Adoption of a Resolution Directing Planning Commission to Set a Public Hearing and Provide a Recommendation on a Code Amendment Related to Provision for Retail Commercial Uses Within the Commercial Office (C -O) Zone Within the Downtown Specific Plan Area. Staff Recommendation: Adopt Resolution No. 99 -1618. H. Consider Acceptance of Planning Technician Job Classification Description and Adoption of Resolution No. 99 -1619 Amending the City's Classification Plan by Adding the Job Description of Planning Technician. Staff Recommendation: Adopt Resolution No. 99 -1619, Establishing a Classification Plan and Job Descriptions for Non - Competitive and Competitive Service Employees, including the job description of Planning Technician, and Rescinding Resolution No. 98 -1460 (all other existing job descriptions will be included with the new resolution and remain unchanged). 12. ORDINANCES: A. Consider Ordinance No. 254 Amending Section 5.52.140 of the Municipal Code Pertaining Only to the Hardship Provision. Staff Recommendation: Waive full reading and declare Ordinance No. 254 read for the second time and adopted as read. Ms. Kane read the ordinance title for Ordinance No. 254. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to waive further reading and read the ordinance title only. The motion carried by voice vote 4 -0, Mayor Hunter absent. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to declare Ordinance No. 254 read for the second time and adopted as read. The motion carried by voice vote 4 -0, Mayor Hunter absent. Minutes of the City Council Moorpark, California Page 21 June 2, 1999 B. Consider Ordinance No. 255 Amending Section 2.04.010, Meetings -Time, of Chapter 2.04, Title 2, of the Moorpark Municipal Code. Staff Recommendation: Waive full reading and declare Ordinance No. 255 read for the second time and adopted as read. Ms. Kane read the ordinance title for Ordinance No. 255. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to waive further reading and read the ordinance title only. The motion carried by voice vote 4 -0, Mayor Hunter absent. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to declare Ordinance No. 255 read for the second time and adopted as read. The motion carried by voice vote 4 -0, Mayor Hunter absent. 13. CLOSED SESSION: Mr. Kueny announced that the City Council would be going into closed session for discussion of Item 13.H. on the agenda. MOTION: Mayor Pro Tem Evans moved and Councilmember Wozniak seconded a motion to adjourn to closed session for a discussion of Item 13.H. on the agenda. The motion carried by voice vote 4 -0, Mayor Hunter absent. The time was 10:41 p.m. A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the 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 D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark and City Council of the City of Moorpark (Case No. SCO21825) Minutes of the City Council Moorpark, California Page 22 June 2, 1999 E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark and City Council of the City of Moorpark (Case No. SCO22256) F. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Villa Del Arroyo, LTD., a limited partnership vs. City of Moorpark G. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Hidden Creek Ranch, LP, a California Limited Partnership vs. The City of Moorpark and to Real Parties in Interest: Clint Harper, Roseann Mikos, Andrew Prokopow, and Committee to Qualify Hidden Creek Referendum Controlled by Clint Harper and Roseann Mikos (Case No. SCO21959) H. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Hidden Creek Ranch, LP, a California Limited Partnership and Messenger Investment Company, Inc., a California Corporation vs. The City of Moorpark and City Council of the City of Moorpark I. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark, the City Council of the City of Moorpark, and Ventura Local Agency Formation Commission (Case No. SCO23378) J. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Alice Rowan vs. City of Moorpark (Case No. SH089680) K. CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6) Agency Designated Representative: Steven Kueny Employee Organization: Service Employees International Union, AFL -CIO, CLC, Local 998 Present in closed session were Mayor Pro Tem Evans; Councilmember Harper; Councilmember Wozniak; Councilmember Rodgers; Steven Kueny, City Manager; Cheryl Kane, City Attorney; and John Nowak, Assistant City Manager. Minutes of the City Council Moorpark, California Page 23 June 2, 1999 The Council reconvened into open session at 10:59 p.m. Mr. Kueny reported that Councilmember Rodgers abstained from participation on Item 13.H. and that there was no action to report. 14. ADJOURNMENT: MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adjourn to June 9, 1999 at 7:00 p.m. The motion carried by voice vote 4 -0, Mayor Hunter absent. The time was 11:00 p.m. ATTEST: Deborah S. Traffe stedt City Clerk