Loading...
HomeMy WebLinkAboutMIN 1999 0203 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California February 3, 1999 A Regular Meeting of the City Council of the City of Moorpark was held on February 3, 1999 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 :18 p.m. 2. INVOCATION: Pastor Dave Wilkinson, Moorpark Presbyterian Church, led the invocation. 3. PLEDGE OF ALLEGIANCE: Boy Scout Troop 706 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; Cheryl Kane, City Attorney; Nelson Miller, Director of Community Development; Ken Gilbert, Director of Public Works; Mary Lindley, Director of Community Services; Charles Abbott, City Engineer; Dirk Lovett, Assistant City Engineer; Captain Mike Lewis, Sheriff's Department; Wayne Loftus, Planning Manager; John Libiez, Principal Planner; Deborah Traffenstedt, City Clerk and Lisa Pope, Deputy City Clerk. S. PROCLAMATIONS AND COMMENDATIONS: 6. PUBLIC COMMENT: James Owens, 4647 Adonis Place, discussed the billing procedures of TCI. He indicated his dissatisfaction regarding the services provided by TCI. Kevin Mauch, 13906 Keisha Drive, discussed the light emitting from the Rite Aid located near the intersection of Tierra Rejada and Spring Roads. He requested requiring different lights that would not cause light pollution. Minutes of the City Council Moorpark, California Page 2 February 3, 1999 Mayor Hunter indicated several complaints had been received regarding lighting at Rite Aid. Mr. Miller stated staff was investigating lighting concerns. He stated the lights installed were in accordance with the approved plans. Councilmember Wozniak suggested low - pressure sodium lighting be used. Councilmember Rodgers stated the lights were unnecessarily bright. In response to Councilmember Rodgers, Mr. Miller stated he had contacted the architect to determine if the lights could be changed in the fixtures to reduce light emission and was awaiting a response. In response to Councilmember Evans, Mr. Miller stated metal halide lights were not prohibited within the City. He stated the lantern -type light fixture used did allow more light spillage. Councilmember Evans suggested a review of the lighting standards in the Zoning Code to reduce light spillage. William Poleri, 6863 Trojan Court, discussed programming on the TCI cable network. 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.) 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Wozniak suggested a review of lighting standards be placed on a future agenda. Councilmember Evans requested a future agenda item regarding tax increment sharing between cities and the County. Mayor Hunter announced the Teen Ski Trip on February 20. He stated the Moorpark Teen Council is hosting a Romantic Movie Festival on February 12, 1999. He announced that registration for Spring recreation classes would begin on February 8. He discussed the Police Department's Selective Traffic Enforcement and Education Campaign. He announced the Minutes of the City Council Moorpark, California Page 3 February 3, 1999 application period for the City's Area Housing Authority Commissioner Appointment is open until February 10. 9. PUBLIC HEARINGS: A. Consider Action Regarding a Change of Control for the Cable Communications Franchise held by TCI Cablevision of California, Inc. (Continued from January 20, 1999 - public hearing open). Staff Recommendation: Determine if the Council desires to disapprove or approve a change in control of the cable communications franchise held by TCI Cablevision of California, Inc. and adopt the appropriate resolution. Mr. Nowak gave the staff report. Marian Jackson addressed the Council as a representative of TCI. She requested the $25,000 franchise fee not be imposed. Dan Deutsch, 6890 Pecan Avenue, addressed the Council as a representative of TCI. He stated the $5,000 equipment grant could be utilized for any type of equipment and that TCI would assist in obtaining any possible discounts. Eloise Brown, 13193 Annette Street, discussed her concern with the franchise fee being passed on to the subscriber. She suggested any offers be obtained in writing. In response to Councilmember Harper, Mr. Deutsch indicated they would assist in purchasing equipment to obtain the lowest possible cost. He stated a brief discussion had occurred with staff regarding the equipment needs of the City. Mayor Hunter asked if there was a threat of litigation regarding the item. Ms. Kane stated yes. Mayor Hunter recommended the item be tabled to allow discussion in closed session. CONSENSUS: By the item to allow in closed session. consensus, the Council determined to table for a discussion of the threat of litigation B. Consider Moorpark Highlands Specific Plan Project (Specific Plan No. 95 -2 /Specific Plan No. 2, General Plan Amendment No. 95 -2, and Zone Change 95 -4), Applicant Morrison - Fountainwood- Agoura (Continued from January 20, 1999 - public hearing open) . Staff Recommendation: Minutes of the City Council Moorpark, California Page 4 February 3, 1999 Accept additional public testimony, discuss the project, and continue hearing to date certain. AT THIS POINT in the meeting, Councilmember Wozniak announced a potential conflict of interest based on the location of his home in proximity to the project, and left the dais. The time was 7:45 p.m. Mr. Loftus gave the staff report. Councilmember Harper suggested hearing the presentation by the applicant in order to generate questions by the Council. Michael Greynald, 711 Daily Drive, #110, Camarillo, addressed the Council as a representative of Morrison - Fountainwood- Agoura. He discussed the possibility of converting Areas 8, 9 and 10 into equestrian -sized lots. He stated they had researched equestrian communities and found the attraction to be the larger lot size rather than the equestrian uses. He discussed the proposed alternative school site location in the southern portion of the project area. He stated the park site would be relocated to be adjacent to the school. He requested Council direction on the proposed circulation, equestrian uses, and location of the school site. Councilmember Harper stated the Ad Hoc Committee had met with the applicant. He indicated his opposition to the use of Spring Road for the State Route (S.R.) 118 bypass. He supported the school site location in Planning Area 2. In response to Councilmember Rodgers, Mr. Greynald discussed the proposed residential density adjacent to the park location. In response to Councilmember Evans, Mr. Greynald discussed the mitigation measures proposed for the intersection of Charles Street and Spring Road. He stated signalization would be installed, and a sound wall and landscaping would be installed along the back of Sir George Court homes. He discussed the proposal to underground the Edison power lines, which would allow expansion of back yards of the homes along Spring Road. He stated the roadway would be 75 feet away from the homes to the east. In response to Mayor Hunter, Mr. Loftus discussed the possibility of a cul -de -sac, removable ballards, or Minutes of the City Council Moorpark, California Page 5 February 3, 1999 restricting right turns on Charles Street from southbound Spring Road. Mr. Miller stated the final Planning Commission recommendation was suggest to the Council that a design be determined to limit westbound traffic on Charles Street. In response to Councilmember Evans, Mr. Miller stated collector and arterial streets were studied in the Environmental Impact Report (EIR). He stated the Traffic Engineer had determined that a signal was warranted at the intersection of Charles Street and Spring Road. Councilmember Evans requested further traffic information be provided for Charles Street. Yolande McAlevey, 735 Sir George Court, discussed the use of speed bumps and potential access problems. She recommended signalization of Charles Street and Spring Road. John Wozniak, 735 Charles Street, discussed his concerns with circulation and the need for an additional way in and out of project. He discussed the use of "D" Street as possible access to the project, as shown in the City's Circulation Element. He recommended a traffic signal at Charles Street and Spring Road. He stated it was necessary to study traffic on Charles Street. Cathy Aiwazian, 7250 Walnut Canyon Road, discussed the impacts to her property that would occur if Spring Road is realigned. She indicated her opposition to the use of Spring Road for a S.R. 118 bypass. Ms. Traffenstedt indicated one written statement card had been received in regarding the project from the following individual: Roseann Mikos Ms. Traffenstedt indicated that Ms. Mikos was suggesting the public hearing remain open. Councilmember Evans stated he had additional concerns that he would provide to staff for response as a box item. He discussed Ventura County's response regarding Los Angeles Avenue improvements and restriction of development if no bypass is constructed. Minutes of the City Council Moorpark, California Page 6 February 3, 1999 Mr. Greynald stated he was aware of Ms. Aiwazian's concerns regarding access to her home and indicated they would work with her to alleviate any problems during construction. He discussed why he believed a "D" Street connection was no longer feasible following construction of the S.R. 23 and S.R. 118 direct connector bridges; however he stated that further review could be done. In response to Mayor Hunter, Mr. Greynald indicated that with Council and School District consensus, all 22 acres of Area 2 would be utilized for the school site. Councilmember Rodgers discussed the proposal for affordable units and indicated her preference for senior units. She stated her concerns with a cul -de -sac on Charles Street and access to Walnut Canyon School. She suggested signalization at Spring Road and Walnut Canyon Road was needed. She also asked if a right -turn prohibition at Charles Street and Spring Road would be an enforcement issue. In response to Councilmember Rodgers, Mr. Miller stated traffic studies did not warrant a signal at Spring Road and Walnut Canyon Road, but that the Council could require installation of a signal at that intersection. In response to Councilmember Rodgers, Captain Lewis stated if right turns were restricted on Charles Street, routine enforcement would occur unless complaints were received. Councilmember Evans discussed the use of Spring Road as a truck route alternate. He stated that he wanted to encourage the applicant to keep all options open regarding the bypass. In response to Councilmember Rodgers, Mr. Greynald discussed the 'T" design for the intersection of Walnut Canyon and Spring Road and stated that the right of way could be dedicated to the City to allow an alternate connection in the future. Councilmember Harper asked for the Council to determine consensus regarding the land use changes as proposed for relocating the school site, park location and equestrian lots. Councilmember Evans discussed his concern with reducing affordable housing. Minutes of the City Council Moorpark, California Page 7 February 3, 1999 Mr. Kueny suggested shifting the internal street loop northerly to allow the park location to move closer to the open space. In response to Councilmember Harper, Mr. Greynald indicated that no geologic feature had been identified in Area 2 that would prohibit a school. He also stated that the School District would be afforded access to the school site in Phase 1. Councilmember Harper stated that staff needs to respond to the traffic concerns expressed. In response to Councilmember Evans, Mr. Greynald stated eight different, potential access roadways had been studied. He explained that "D" Street was not studied, due to the potential conflict with the S.R. 118 bypass, existing home locations, and an oak grove. Councilmember Evans requested further information regarding the "D" Street connection. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to continue the public hearing to March 3, 1999, for the Specific Plan, General Plan Amendment, and Zone Change, with a discussion on the EIR to be provided on February 17, 1999. Ms. Kane confirmed that the California Environmental Quality Act (CEQA) did not require a public hearing be held on the EIR; therefore, the issues can be addressed outside the public hearing for the project. The motion carried by voice vote 4 -0; Councilmember Wozniak absent. AT THIS POINT in the meeting Councilmember Wozniak returned to the dais. The time was 8:42 p.m. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Ordinances to Prohibit Alcohol and Tobacco Advertising on Billboards. Staff Recommendation: Introduce Ordinance No.251 and Ordinance No. 252 for first reading and waive full reading. Mayor Hunter presented the report. Minutes of the City Council Moorpark, California Page 8 February 3, 1999 In response to Councilmember Rodgers, Mayor Hunter stated one ordinance specifically addresses tobacco and the other addresses alcohol. In response to Councilmember Rodgers, Mayor Hunter stated if a Federal law preempts the ordinances, the ordinances could be repealed. In response to Councilmember Wozniak, Mr. Kueny stated information would be provided regarding the possibility of complete removal of the billboard. In response to Councilmember Rodgers, Ms. Kane stated tobacco advertisements would be unlawful from the day the ordinance becomes effective. Councilmember Harper suggested prioritizing the removal of the billboard. Ms. Kane read the ordinance title for Ordinance No. 251. MOTION: Councilmember Rodgers moved and Councilmember Evans seconded a motion to waive further reading. The motion carried by unanimous voice vote. MOTION: Councilmember Rodgers moved and Councilmember Evans seconded a motion to declare Ordinance No. 251 introduced for first reading. The motion carried by unanimous voice vote. Ms. Kane read the ordinance title for Ordinance No. 252. MOTION: Councilmember Rodgers moved and Councilmember Evans seconded a motion to waive further reading. The motion carried by unanimous voice vote. MOTION: Councilmember Rodgers moved and Councilmember Evans seconded a motion to declare Ordinance No. 252 introduced for first reading. The motion carried by unanimous voice vote. B. Consider Adoption of a Resolution Initiating the Proceedings for the Formation of a Parks and Recreation Maintenance and Improvement District. Staff Recommendation: Adopt Resolution No. 99 -1566, authorizing preparation of an Engineer's report for the formation of a Parks and Recreation Maintenance and Improvement District. Ms. Lindley gave the staff report. Minutes of the City Council Moorpark, California Page 9 February 3, 1999 In response to Mayor Hunter, Ms. Lindley stated the consultant was recommending mailing the ballot on May 6, 1999, and staff was recommending mailing the ballot on April 30, 1999. Mayor Hunter discussed the development of the budget and the time frame. Ms. Lindley stated that mailing the ballots on April 30 would still require a delay in the budget process. In response to Councilmember Harper, Ms. Lindley stated the cost of engineering services was contingent upon the results of the assessment and would be chargeable to the district. Eloise Brown, 13193 Annette Street, indicated her concern about a weighted ballot. She asked about the condition in development agreements regarding supporting assessment districts. In response to Mayor Hunter, Mr. Kueny stated staff would discuss the matter with the City Attorney and the language would have to be reviewed. Ms. Brown indicated her objection to the mail ballot assessment. Councilmember Harper stated it was necessary to determine if the consultant can meet the deadline. Mayor Hunter stated he would prefer the earlier date if the consultant can accommodate the time frame. Councilmember Evans stated residents were welcome to provide input regarding the budget due to loss of park maintenance assessment. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion adopt Resolution No. 99 -1566, authorizing preparation of an Engineer's report for the formation of a Parks and Recreation Maintenance and Improvement District. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, the Council took a recess. The time was 8:58 p.m. The Council reconvened at 9:27 p.m. C. Consider Rejection of All Bid Proposals for the Construction of the Eight Lighted Tennis Courts at Arroyo Vista Community Park (AVCP) and Authorize the Release of an Amended Design and Construction Specifications. Staff Recommendation: 1) Reject all bid proposals for the construction of the eight lighted tennis courts at AVCP; Minutes of the City Council Moorpark, California Page 10 February 3, 1999 2) Direct staff to amend the plans and specifications as outlined in the staff report; and 3) Authorize the release of the amended bid document. Ms. Lindley gave the staff report. In response to Councilmember Harper, Ms. Lindley discussed the required maintenance of the courts and indicated it was minimal. Robert Pereir, 4074 Brindisi Place, addressed the Council as President of the Moorpark Tennis Club. He discussed the need for additional tennis courts in the City. He stated he did not support rebidding the project due to the bids being made public and construction time delays. Thomas Duffy, 30 Flory Avenue, Moorpark Unified School District Superintendent, provided a history of the development of the tennis court proposal. He discussed the need for tennis courts by the students and community. He requested Council move forward with the project and not rebid the project. He indicated that the District would pay its 50 percent share of the actual bid cost for the courts. Councilmember Evans asked if there would be any long -term savings to the School District by installing the courts now. Mr. Duffy stated that he saw benefits and service to students, and that cost is a direct relationship. He stated he had discussed the issue with members of the Board and they supported moving forward with the project. Gerald Goldstein, 11932 Los Angeles Avenue, indicated his concern with paving over parkland. He discussed his concern with closing a park in a poor neighborhood to develop a park in a wealthier neighborhood. Ms. Traffenstedt indicated seventeen written statement cards had been received in favor of the project from the following individuals: Vicki Panaro Merry Nell Colborn Wendy Schoenburg Steve Freeman Rita Dubnewych Vera Strang Linda Delange Minutes of the City Council Moorpark, California Page 11 February 3, 1999 Roland Hudgins Lavonne Wilson Christina Benton Bill Harris Joel Gorski Donna Lucky Brigitte Haff Lissa Gillette Terry Gillette Jerry Schoenburg In response to Councilmember Evans, Ms. Lindley explained the possible uses for Community Park Improvement funds and stated these funds could be used only for park improvements, not maintenance. She stated the current assets in the Community Park Improvement fund were $136,000. In response to Councilmember Evans, Ms. Kane explained that the Quimby law requires that funds collected be used for improvements. In response to Councilmember Rodgers, Ms. Lindley explained that 40 percent of Quimby fees collected went into the community park improvement zone and 60 percent went to neighborhood parks. She also stated that the community park improvement zone funds had not been earmarked for a specific project. In response to Councilmember Harper, Ms. Lindley stated the landscape architect had determined the viability and use of the courts would not be reduced if amended. Councilmember Harper indicated his support for the project and suggested moving forward. In response to Mayor Hunter, Ms. Lindley stated the proposed changes to the bid were in brand names of lights and decreasing the height of the windscreens from 8 to 6 feet. In response to Mayor Hunter, Ms. Lindley discussed the possibility of change orders. Mayor Hunter stated he could support moving forward on the base bid. Councilmember Harper stated the project was a good investment for the City. Minutes of the City Council Moorpark, California Page 12 February 3, 1999 Mr. Kueny recommended, if the Council were to award the base bid, that staff be directed to bring back an appropriation of funds at a meeting prior to beginning construction. Councilmember Evans expressed concern that Quimby fees could not be used for maintenance. He indicated his support of the project. In response to Councilmember Harper, Mr. Kueny stated the Council would be awarding a bid to Malibu Pacific Tennis Courts in the amount of $569,000. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to award the base bid to Malibu Pacific Tennis Courts in an amount not to exceed $569,000 and directed staff to bring back an item appropriating the funds. The motion carried by unanimous roll call vote. D. Consider Resolution No. 99 -1567, Establishing the Fares for the City Transit Bus, and Rescinding Resolution No. 98 -1514. Staff Recommendation: Adopt Resolution No. 99- 1567, establishing bus fares as identified as Option 1, and rescinding Resolution No. 98 -1514 (ROLL CALL VOTE REQUIRED). Ms. Lindley gave the staff report. In response to Wozniak, Ms. Lindley stated the fare box return would not be negatively impacted. Councilmember Rodgers suggested $1.00 for regular and $.40 for seniors and disabled. Councilmember Evans suggested $.80 for regular riders and $.40 for seniors and disabled. In response to Councilmember Harper, Ms. Lindley stated for tracking purposes, the student fare was listed separately. Councilmember Harper indicated his support for Councilmember Rodgers' suggestion, so long as the financial viability of program was not negatively impacted. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to adopt Resolution No. 99 -1567, establishing bus fares as identified in Option 1 with senior and disabled fares at $.40, and the regular and student one- Minutes of the City Council Moorpark, California Page 13 February 3, 1999 way fares at $1.00, and rescinding Resolution No. 98 -1514. The motion carried by unanimous roll call vote. E. Consider the Status of Available Library Funds and the Establishment of a Library Advisory Committee. Staff Recommendation: Approve the establishment of a Moorpark Library Advisory Committee and provide direction on its composition. Ms. Lindley gave the staff report. Councilmember Harper indicated his support for the committee. He suggested a partnership be formed with the Moorpark Unified School District (MUSD) and Moorpark College to share library facilities. Mayor Hunter discussed partnering with Moorpark College and stated that the President of the College, Dr. James Walker supported the idea. Gerald Goldstein, 11932 Los Angeles Avenue, volunteered to be a member of the Moorpark Library Advisory Committee. He suggested TCI donate a broadcasting studio. Mayor Hunter indicated his support for the committee and recommended the Council determine its composition. Councilmember Harper suggested two City Councilmembers, a representative from Moorpark College, Moorpark High School, Friends of the Library, and a member of the public. Mayor Hunter recommended the Librarian and suggested removing the High School and College representatives until a partnership is discussed. Councilmember Harper suggested a standing committee with a larger scope. Mr. Kueny suggested determining the purpose of the committee and then inviting the MUSD and College to participate as ex- officio members. Councilmember Evans suggested forming the committee to determine how to spend the money and then working on a partnership. Minutes of the City Council Moorpark, California Page 14 February 3, 1999 In response to Councilmember Harper, Mr. Kueny stated the funds could be carried over and there was not a deadline for spending the funds. Mr. Kueny suggested directing the Mayor or an ad hoc committee to explore a partnership with the three agencies. He suggested the Librarian, and representatives of the College and MUSD be included as ex- officio members. Mayor Hunter suggested the committee be composed of two councilmembers, a representative from Friends of the Library, the Librarian, and three community members, to allow greater public participation. CONSENSUS: By consensus, the Council determined that the Moorpark Library Advisory Committee shall be composed of two councilmembers, a representative from Friends of the Library, the Librarian, and three community members, and that Mayor Hunter and Councilmember Evans shall be appointed to the Councilmember positions. CONSENSUS: By consensus, the the Joint Use Library Committee, and Councilmember Harper, to look City, MUSD, and Moorpark College. CONSENSUS: By consensus, the Item 10.F. and proceed with the hearing Item 10.F. following Discussion items. Council determined to form and appointed Mayor Hunter at partnership between the Council determined to skip remainder of the agenda, the Presentation /Action/ G. Consider Approval of the Plans and Specifications for a Project to Construct Traffic Signal and Related Improvements at the Intersection of Casey Road and Walnut Canyon Road (State Route 23). Staff Recommendation: Direct staff as deemed appropriate. Mr. Gilbert gave the staff report. In response to Mayor Hunter, Mr. Gilbert explained the process and required authorization from Caltrans. Dr. Thomas Duffy, 30 Flory Avenue, thanked Council for its cooperation and asked that the Council help to proceed as quickly as possible. In response to Councilmember Harper, Mr. Kueny stated the plans would be brought back to Council during the bid process. He also stated the City had done everything it Minutes of the City Council Moorpark, California Page 15 February 3, 1999 could and it was a merely a matter of working with Caltrans Mr. Gilbert stated that staff would bring back the plans and specifications for Council approval. In response to Councilmember Harper, Dr. Duffy stated the cooperation by the City had been excellent and he thanked the Council for their support. CONSENSUS: By consensus, the Council received and filed the report. H. Consider Minor Modification No. 2 to Planned Development Permit No. 943 for a Detached Patio Enclosure with Indoor Seating at the Secret Garden Restaurant, located at 255 East High Street (Robert Sofsky). Staff Recommendation: Adopt Resolution No. 99 -1568 approving Minor Modification No. 2 to Planned Development Permit No. 943. Mr. Miller gave the staff report. In response to Councilmember Evans, Mr. Miller explained the current lease for valet parking. Mr. Nowak stated an agreement with the City was in progress for use of the Metrolink lot for parking. Robert Sofsky, 255 High Street, stated staff had been helpful in resolving the parking issues. He stated the proposed patio enclosure could not be seen and would not affect the High Street design requirements. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adopt Resolution No. 99 -1568 approving Minor Modification No. 2 to Planned Development Permit No. 943. The motion carried by unanimous voice vote. I. Consider Minor Modification No. 4 to Residential Planned Development Permit No. 89 -3 for Two Expanded Classroom Buildings (13950 Peach Hill Road, Moorpark Presbyterian Church, Dan Varnum). Staff Recommendation: Adopt Resolution No. 99 -1569 approving Minor Modification No. 4 to Residential Planned Development Permit No. 89 -3. Mr. Miller gave the staff report. Dave Wilkinson, 4791 Elderberry Avenue, addressed the Council as a representative of Moorpark Presbyterian Minutes of the City Council Moorpark, California Page 16 February 3, 1999 Church. He stated the intent was to remove the relocatable building from the site within 90 days. MOTION: Councilmember Evans moved and Councilmember Rodgers seconded a motion to adopt Resolution No. 99 -1569 approving Minor Modification No. 4 to Residential Planned Development Permit No. 89 -3. The motion carried by unanimous voice vote. J. Consider Pre - application No. 99 -1, a Request by Peach Hill LLC to Initiate a Zone Change and Concurrent Processing of a Tentative Tract Map and a Residential Planned Development Permit for the Construction of Ten Single Family Homes at the Northeast Corner of Peach Hill Road and Rolling Knoll Road. Staff Recommendation: 1) Adopt Resolution No. 99 -1570_ authorizing the initiation of a Zone Change request and to allow concurrent processing of a Tract Map and Residential Planned Development Permit and 2) Direct staff regarding affordable housing requirements, or appoint an Ad Hoc Committee to review the affordable housing requirements for the project and to report back to the City Council. AT THIS POINT in the meeting, Councilmember Rodgers announced a potential conflict of interest, due to an agent in her office representing the applicant, and left the dais. The time was 10:45 p.m. Mr. Miller gave the staff report. In response to Councilmember Evans, Mr. Kueny suggested the Ad Hoc Committee for the project review site - specific affordable housing requirements or that the Council direct the Affordable Housing Committee to review small site requirements. Councilmember Harper suggested approving the staff recommendation and directing the Community Development /Affordable Housing Committee to review the affordable housing requirements for small sites. Steve Hull, 4135 Pine Hollow Place, requested Council remove the affordable housing requirements. Tina Hare, 3869 Hidden Pines Court, addressed the Council as the real estate agent representing Peach Hill LLC. She discussed the goal of the partnership to build 10 custom homes. She requested concurrent processing and removal of the affordable housing requirement. Minutes of the City Council Moorpark, California Page 17 February 3, 1999 Thomas Duffy, 30 Flory Avenue, discussed the process the School District follows to sell surplus property. He stated the revenue from sale of the property would be used to reduce the loan for Walnut Canyon School. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to adopt Resolution No. 99 -1570 authorizing the initiation of a Zone Change request and to allow concurrent processing of a Tract Map and Residential Planned Development Permit, and to direct the Affordable Housing Committee to review the affordable housing requirements for the project and to report back to the City Council. 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 10:53 p.m. K. Consider the Annual City Legislative Program Report. Staff Recommendation: Approve the Legislative Program for the year 1999. Mr. Nowak gave the staff report. Mr. Kueny suggested continuance of this item to February 17, 1999. CONSENSUS: By consensus, the Council continued Item 10.K. to February 17, 1999. L. Consider Scheduling Joint City Council /Moorpark Unified School District Board Meeting in 1999. Staff Recommendation: Schedule a joint City Council and School District Board meeting. Mayor Hunter supported continued dialogue between the School District and the City. Mr. Kueny suggested the Mayor schedule the meeting with the Board President. CONSENSUS: By consensus, the Council determined that the Mayor would arrange the meeting. F. Spring Road Bridge Reconstruction Project: a) Consider Bids for the Award of Construction Contract; b) Consider Approval of the Selection of a Civil Engineering Firm to Provide Construction Engineering Services for Said Project; and, c) Consider Adoption of a Resolution Amending the FY 1998/99 Budget by Increasing the Minutes of the City Council Moorpark, California Page 18 February 3, 1999 Appropriations (Fund 244 & Account #210.900) for the Subject Project and Approving an Inter -fund Loan from the Local Transportation 8A (Fund 203) to the Spring Road /Tierra Rejada Road AOC (Account 210.900). Staff Recommendation: 1) Declare Sedcon Engineers, Contractors, Inc. unresponsive to the requirements of the bid documents and, on the basis of said finding, reject the bid submitted by Sedcon Engineers, Contractors, Inc.; 2) Declare TM Engineering the lowest responsive bidder and award a contract to same firm in the amount of $2,352,424.60 for the construction of the subject; 3) Approve a construction contingency in the amount of $235,242 for the project and authorize the City Manager to approve additional work, if required, for an amount not to exceed ten percent of the contract; 4) Authorize the Mayor to sign necessary contract documents; 5) Approve selection of VCE Engineering to provide construction engineering services (contract administration and inspection) for the project for a fee not to exceed $140,599; and 6) Adopt Resolution No. 99- 1571 amending the FY 1998/99 Budget by a) increasing the appropriations (Fund 244 & Account #210.900) for the subject project and b) approving an inter -fund loan from the Los Angeles Avenue AOC Fund (Account 210.901) to the Spring Road /Tierra Rejada Road AOC (Account 210.900) (ROLL CALL VOTE REQUIRED). Mr. Gilbert gave the staff report. In response to Mayor Hunter, Ms. Kane stated the City had legal authority to reject the bids of Sedcon. She stated the low bidder did not meet the 10 percent requirement, due to Sedcon's errors. In response to Councilmember Harper, Mr. Gilbert explained that K -rail was a concrete rail. He stated streetlights would be installed at both ends of the bridge, which would meet the 250 feet maximum spacing for light standards. He stated the lighting design for the area south of the bridge is still being developed. Mr. Kueny stated an agenda item would be brought back regarding street lighting. Councilmember Harper suggested low - pressure sodium lights be used. Mr. Kueny stated high - pressure lights are currently used in the City due to the color distortion from the low - pressure sodium lights. Minutes of the City Council Moorpark, California Page 19 February 3, 1999 MOTION: Councilmember Harper moved and Councilmember Evans seconded a motion to 1) Declare Sedcon Engineers, Contractors, Inc. unresponsive to the requirements of the bid documents and, on the basis of said finding, reject the bid submitted by Sedcon Engineers, Contractors, Inc.; 2) Declare TM Engineering the lowest responsive bidder and award a contract to same firm in the amount of $2,352,424.60 for the construction of the subject; 3) Approve a construction contingency in the amount of $235,242 for the project and authorize the City Manager to approve additional work, if required, for an amount not to exceed ten percent of the contract; 4) Authorize the Mayor to sign necessary contract documents; 5) Approve selection of VCE Engineering to provide construction engineering services (contract administration and inspection) for the project for a fee not to exceed $140,599; and 6) Adopt Resolution No. 99- 1571 amending the FY 1998/99 Budget by a) increasing the appropriations (Fund 244 & Account #210.900) for the subject project and b) approving an inter -fund loan from the Los Angeles Avenue AOC Fund (Account 210.901) to the Spring Road /Tierra Rejada Road AOC (Account 210.900). The motion carried by unanimous roll call vote. 11. CONSENT CALENDAR: MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Warrant Register of February 3, 1999. Fiscal Year 1998/99 Manual Warrants Voided Warrants Regular Warrants 43552 & 43661 - 43665 43020 43666 - 43703 - D 43704 - 43751 - V $ 2,546.21 $ 348,590.82 $ 91,471.03 B. Consider City Council Resolution No. 99 -1572, Reciting the Fact of the Special Municipal Election Held on January 12, 1999, and Declaring the Election Results and Such Other Matters as Required by Law. Staff Recommendation: Adopt Resolution No. 99 -1572. C. Consider Resolution No. 99 -1573, Amending the FY 1998/99 Budget Transferring Funds From the Senior Center Trust Fund to the Senior Center Operating Budget. Staff Minutes of the City Council Moorpark, California Page 20 February 3, 1999 Recommendation: Adopt Resolution No. 99 -1573, amending the FY 1998/99 Budget by transferring $4,400 from the Senior Center Trust Fund (500) to the Senior Center Division operating budget (ROLL CALL VOTE REQUIRED). 12. ORDINANCES: None. 13. CLOSED SESSION: Mr. Kueny announced that the City Council would be going into closed session for discussion of all closed session items on the agenda. Councilmember Harper announced that he would not participate on Hidden Creek Ranch and Environmental Coalition related items. The City Attorney, Ms. Kane, announced that for Item 13.A. the facts and circumstances creating significant exposure to litigation consist of a written communication threatening litigation dated January 27, 1999 received from Richard L. Francis, Esquire, and consist of a claim received from Sean Olney on December 29, 1998. Ms. Kane also announced that for Item 13.A. the facts and circumstances creating significant exposure to litigation, which facts and circumstances are known to potential plaintiffs, consist of requiring a franchise transfer fee for the change of control of the TCI /AT &T cable franchise. MOTION: Mayor Hunter moved and Councilmember Evans seconded a motion to adjourn to closed session for a discussion of all closed session items on the agenda. The motion carried by unanimous voice vote. The time was 11:10 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 Minutes of the City Council Moorpark, California Page 21 February 3, 1999 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 E. 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 F. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark, et al G. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Villa Del Arroyo, LTD., a limited partnership vs. City of Moorpark H. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) City of Moorpark vs. Riddle, City of Moorpark vs. Corona, City of Moorpark vs. Weissbach Present in closed session were Councilmembers Evans, Harper, Rodgers, and Wozniak; Steven Kueny, City Manager; Cheryl Kane, City Attorney; John Nowak, Assistant City Manager; Nelson Miller, Director of Community Development; and Deborah Traffenstedt, City Clerk. The Council reconvened into open session at 11:26 p.m. Mr. Kueny stated that only two items under Item 13.A. were considered and that the Council would take its action in the Council Chambers. The Mayor announced that the Council would return to discussion of Item 9.A. on the agenda. In response to Mayor Hunter, Mr. Deutsch repeated TCI's offer of a $5,000 equipment grant and stressed that the amount was not considered to be a transfer fee. Minutes of the City Council Moorpark, California Page 22 February 3, 1999 Councilmember Harper stated that he found the offer to be acceptable. In response to Mayor Hunter, Mr. Nowak suggested amendments to the resolution to be consistent with the $5,000 offered by TCI. Mr. Kueny stated that the City Attorney was looking at the language and suggested tabling the item. CONSENSUS: By consensus action, the Council determined to table Item 9.A. Mr. Kueny stated that the Council needed to address Item 13.A. pertaining to a claim filed by Sean Olney. He suggested that the Council authorize settlement for a total amount of $650.00. MOTION: Councilmember Harper moved and Councilmember Evans seconded a motion to settle the Sean Olney claim for $650.00. The motion carried by unanimous voice vote. Mayor Hunter announced that the Council would return to Item 9.A. Ms. Kane read the revised language to the seventh recital that TCI has offered to make an equipment grant of $5,000 to be expended at the City's sole discretion, and to Section 2 that the equipment grant of $5,000 shall be due and payable within twenty (20) days of the adoption of this resolution. Mr. Deutsch stated that he concurred with the revised resolution. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to approve Resolution No. 99 -1574 as amended. The motion carried by unanimous voice vote. The Council recessed and then reconvened into closed session. The time was 11:40 p.m. Present in closed session were all Councilmembers; Steven Kueny, City Manager; Cheryl Kane, City Attorney; John Nowak, Assistant City Manager; Nelson Miller, Director of Community Development; and Deborah Traffenstedt, City Clerk. Councilmembers Harper and Rodgers did not participate in the discussion for Items 13.D., 13.E., 13.F., and the one Environmental Coalition case announced under Item 13.A. Councilmember Harper left the meeting at 12:25 a.m. Mr. Minutes of the City Council Moorpark, California Page 23 February 3, 1999 Miller, Mr. Nowak, and Ms. Traffenstedt left the meeting at 12:40 a.m. The Council reconvened into open session at 1:05 a.m. Mr. Kueny announced that one item under Item 13.A, and Items 13.B., 13.C., 13.D., 13.E., 13.F., 13.G., and 13.H. were considered and that there was no action to report. 14. ADJOURNMENT: Mayor Hunter adjourned the meeting at 1:05 a.m. on February 4, 1999. ATTEST: Deborah S. Traffens edt City Clerk