Loading...
HomeMy WebLinkAboutAGENDA REPORT 1993 0224 CC ADJ ITEM 11DBY 7/.A . '91 CP.LIFORNIA it, ITEM OORPARK pi;k- Ave nue' Moorpar�, California 93021 L ri A G E N D A R E P O R T (805 A 529 -6864 ^^K, Cy,!.` - Counc' MCC 1 ::.7 n `•� ACTION: - L TO: The Honorable City Council FROM: Jaime Aguilera, Director of Community Development4#01" Prepared by Deborah S. Traffenstedt, Senior Planner f:DK- i DATE: February 12, 1993 (CC Meeting of 2- 17 -93) SUBJECT: CONSIDER DRAFT MEMORANDUM OF UNDERSTANDING FOR SPECIFIC PLAN NO. 8 (HIDDEN CREEK RANCH) BACKGROUND Messenger Investment Company (MIC), also known as Hidden Creek Ranch Partners, has requested City Council consideration of the attached draft Memorandum of Understanding (MOU). Refer to the Recitals of the attached MOU for the expressed intent. DISCUSSION The primary benefit to the City following approval of the MOU is that the City will receive $78,000 from MIC to pay off the current General Plan Update deficit and will receive $26,067.56 to pay for the total cost of the sphere of influence expansion study (that was conducted concurrently with the General Plan Update). The attached MOU obligates the City to process the Project applications and planning documents. The only time schedule commitment contained in the MOU is an agreement for the City to file an application for a Sphere of Influence Amendment within 30 days after approval of the MOU. The attached MOU specifies that the Developer's consultant(s) will prepare the specific plan and that the City will hire the environmental impact report (EIR) consultant. The City would enter into an agreement with MIC for preparation of the EIR prior to the approval of an agreement with the jointly selected EIR consultant. Recital A and Section 1.2(a) of the MOU identify the intended Project applications. One of the identified applications is a possible General Plan Amendment (if required by the City to ensure General Plan consistency). At a minimum, staff expects that the Specific Plan No. 8 Project will require an update to the General Plan Safety Element, since the Project area is currently outside PAUL W. LAWRASON JR. SCOTT MONTGOMERY PATRICK HUNTER BERNARDO M. PEREZ JOHN E. WOZNIAK Mayor Mayor Pro Tern Counalmember Counalmember Counalmember PrOwed on Reryded Pgoer The Honorable City Council February 12, 1992 Page 2 the City limits and is not addressed in the current document. The Specific Plan No. 8 developer(s) should be responsible for all costs related to updating the Safety Element to address the project area, since no other specific plan development within the City limits is expected to require an update to the Safety Element. Following or in conjunction with approval of Specific Plan No. 8, updates may also be required to other General Plan elements such as Noise; Open Space, Conservation, and Recreation (OSCAR); and Housing to ensure consistency. RECOMMENDATION 1. Direct staff to incorporate any City Council comments into the Memorandum of Understanding (MOU) and then authorize the City Manager to approve the MOU subject to final language approval by the City Attorney. 2. Direct staff to submit an application to LAFCO for a Sphere of Influence Amendment for the Specific Plan No. 8 area within 30 days after both of the following two actions are accomplished: A) The Developer provides the City with the entire financial contribution and deposit of funds as required by the MOU; and B) The Developer signs the City approved MOU. Attachment: Draft MOU JRA /DST Revision #10 (2/12/93) D R A F T MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ( "Memorandum ") is entered into this day of , 1993 by and among the CITY OF MOORPARK, a municipal corporation (the "City ") and HIDDEN CREEK RANCH PARTNERS L.P., a California limited partnership ( "Developer "). RECITALS This Memorandum is entered into in contemplation of the following: A. Developer is the owner of certain real property within the area designated by City's General Plan Land Use Element as Specific Plan No. 8 ( "Project Area "), as shown on Exhibit A. The Project Area is located adjacent to the City limits, and the City's Land Use Element proposes this specific plan area for expansion of the City's sphere of influence. A specific plan for the Project Area is required by the adopted Land Use Element. Developer will make application to the..City for Ind use entitlements required to develop the Project Area, including, but not limited to, the specific plan, Environmental Impact Report (19IR), zoning, development agreement, vesting master tentative map and General Plan amendment (if required by City to ensure General Plan Consistency), for a mixed -use, planned community project known as Hidden Creek Ranch (the "Project "). B. In order to allow the Project to proceed, the City's sphere of influence must be modified to include the Project Area prior to being annexed to the City. The City is the municipality in whose Area of Interest the Project Area is located, and is therefore responsible for requesting LAFCO to approve modification of the sphere of influence and annexation of the Project Area. Iti is understood that both the City and the Developer are desirous of cooperating in order to achieve annexation of the Project Area. Therefore, the City and Developer intend to apply to the Ventura County Local Agency Formation Commission ("LAFCO ") for permission to modify the City's sphere of influence and annex the Project Area into the City. . 6 MEMORANDUM OF UNDERSTANDING Page 2 C. City financial records as of September 30, 1992, reflect a deficit of $78,000 remaining from the costs of completing an update to the Land Use and Circulation Elements of the General Plan and zoning consistency. Additionally, the total cost of a sphere of influence expansion study, conducted in conjunction with the General Plan Update, was $26,067.56. NOW, THEREFORE, IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. Agreements by Developer: The Developer hereby covenants and agrees as follows: 1.1 Financial Contribution and Deposit of Funds (a) As Developer was not a financial participant in the General Plan Update process but received a specific plan designation on the updated General Plan and benefitted from the sphere of influence expansion study, both City and Developer have agreed that Developer will make a contribution equal to the sum of $78,000 plus $26,067.56 (totaling $104,067.56). The Developer will make this contribution after this Memorandum is approved by the Moorpark City Council and prior to either party to this Memorandum initiating any of the matters included herein. (b) Developer will deposit $25,000 into a Project trust account to be established by the City for disbursement to defray costs incurred by the City in the course of administering and processing the Project, consistent with the tasks identified in attached Exhibit "B ". Said deposit will be replenished in accordance with City Council Resolution No. 92 -893, or any superseding resolution, to reimburse the City for services required to administer and process the Project. 1.2 Preparation and Submittal of Project Applications and Planning Documents. (a) In accordance with the policies and direction established by City Council on August 19, 1992 (Exhibit C), Developer intends to submit to the City for processing: Project applications for a specific plan, development agreement, pre - zoning, vesting master tentative map, LAFCO sphere of influence amendment and annexation, and General Plan amendment (if required by City to ensure General Plan consistency). Using consultants pre - qualified and approved by City staff, Developer intends to prepare all Project applications and planning documents related thereto. MEMORANDUM OF UNDERSTANDING Page 3 (b) Developer will enter into a contract agreement with City for preparation of a Draft and Final EIR for the Project. The City shall then enter into a contract agreement with the environmental consultant determined acceptable by both the Developer and City. The Developer shall be responsible for all costs of preparation of the Project EIR, including environmental consultant and City staff costs. (c) As required by City Council's policy, Developer will notify City staff at least 30 days in advance of the proposed date of submission of the draft specific plan. (d) In addition, Developer will provide all Project related information as requested by City staff or other involved governmental entities (including but not limited to Caltrans, Ventura County Transportation Commission, County Resource Management Agency, Air Pollution Control District, and Local Agency Formation Commission) to make sure that the required planning documents meet the relevant statutory requirements. 1.3 Processing of Proiect Applications and Planning Documents (a) Developer agrees to reimburse the City for costs incurred by the City that are attributed to the Project. These funds will be used to pay for the costs of project management by City staff and outside consultant fees and costs required by the City to review and process the Project applications, planning documents, and EIR that are necessary to entitle the property for development and annexation to the City as identified in Section 1.2(a). Reimbursement will be drawn from the Project account identified in Section 1.1(b) in accordance with City Council Resolution No. 92 -893. (b) Developer agrees to respond promptly to any n inquiries from the City concerning draft planning documents or +/� tasks to be performed. Developer may terminate this Memorandum at L any time, provided, however, Developer will remain liable for !G*-4 payment of sums previously committed or "close- down" costs which z„ cannot be reasonably avoided. Payment of such costs not covered by the funds in the Project account identified in Section 1.1(b) will be due and payable within 30 days of the date of written notice of termination, provided for in Section 3, below. , Developer's termination of this Memorandum shall be deemed a withdr�w l of all applications. ((//��LLII PC i MEMORANDUM OF UNDERSTANPI Page 4 (c) Developer accepts responsibility for all Project applications and planning documents submitted by it and will, to the extent possible, make changes and alterations deemed necessary to any Project applications and planning documents prepared by Developer's consultants after consultation with the City. Developer acknowledges that consultants employed by the City to assist the City in the review of the planning documents and /or liconsultants preparation of the EIR are independent contractors of the City, and Developer will not enter into any contract or agreement with said on any other pro ecL during the term of this Memorandum and for one -year time period following approval of Project applic ons and planning documents, without the prior written cons t of the City. (d) Developer a es not file a applicat' for subdivision mZ 'th they ity unt' after S cific P1 No. 8 h 14 been approve the Ckty Coun and th statute limita 'ons� for court nges Kas elap d. The D eloper f ther ag es to allow th Ciup o a 90- y time a ension om the atutory proces ng t eriod r fired by t e Subdi ision Map Act and Perm' Streaing Act. 1.4 Planning Documents (a) Planning documents prepared pursuant to this Memorandum of Understanding will strive to achieve an innovative mixed residential /commercial community which integrates mixed density residential and non - residential uses as an alternative to standard subdivision development configurations. (b) The 1992 City of Moorpark General Plan Land Use Element requires that a specific plan be prepared for the Project Area to include a maximum density of 2,400 dwelling units, unless the Developer agrees to provide public improvements, public services and /or financial contributions that the City Council determines to be of substantial public benefit to the community, in which event, the number of dwelling units shall not exceed a 0.z , density limit of 3,221 dwelling units. The appropriate amount of v land to be designated as Open Space, Park, School, Agricultural, or any other appropriate land use designation, will be determined at,� -•.,- the time of specific plan processing. (c) The planning documents submitted by Developer shall incorporate clustering and a range of residential products and densities, and include parks and open space; affordable housing; school site(s); and recreation and commercial facilities such as, but not limited to, golf courses, attendant club house facilities, a hotel, swimming /tennis club, equestrian center, and retail facilities. MEMORANDUM OF UNDERSTANDING Page 5 1.5 Planning Workshops Developer agrees to conduct two or more patMTng workshops to obtain public reaction and input related to Project alternat' es under consideration as well as planning concepts propos partic staf f� City' for incorporation into the specific plan. The City may ate at its discretion. Any assistance provided by City ith respect to a workshop shall be reimbursed as part of the servic s descri] a i Developer agrees to include the approximately 588 acres of property not owned by Developer but located within Specific Plan Area No. 8 in the draft specific plan and supporting documents and to allow those property owners to participate in the development of the specific plan to be prepared by Developer and his consultants. However, Developer's costs of preparing the portion of the specific plan, EIR and other planning documents on those 588 acres not owned by Developer that may be required in support of the specific plan shall be included in a fair -share reimbursement agreement, between the Developer and the City. The reimbursement agreement shall specify how fair -share specific plan, EIR, and other planning document costs for the other property owners within Specific Plan No. 8 will be collected by the City and refunded to the Developer, and at what time only to the extent allowed by law. Under no circumstances under the reimbursement agreement or development agreement for the Project, shall the City be responsible for reimbursing the Developer. The reimbursement agreement shall be prepared by the City at Developer's expense, at such time that the City receives a deposit from the Developer which covers the full cost of preparation of the reimbursement agreement. 2. Performance by the City: The City hereby covenants and agrees as follows: 2.1 Processing of Project Application (s� (a) Exhibit "B" contains the list of tasks required to review and process the Project applications and planning documents. The City agrees to provide the services described therein in furtherance of the Developer's Project applications and planning documents. The City shall use its best efforts to commit the necessary time and resources of City staff to work with the Developer to process the Project applications and planning documents. This does not constitute a waiver of the Permit Streamlining Act or the Subdivision Map Act time limits. No guarantee is provided that the City Council will certify the Final EIR or approve the specific plan or other Project applications and planning documents. MEMORANDUM OF UNDERSTANDING Page 6 (b) All costs incurred by the City will be reported and accounted for monthly. City staff costs will be billed using the City's schedule(s) of hourly rates and charges in effect at the time the work is done. City consultant and contract employee costs, and any other costs incurred, will be billed at the invoiced amount plus any required administrative charge, as set forth in the applicable City fee schedule(s). 2.2 Expediting the ntitlemen Process T i n -_ a me.e. ng +-hat / both parties shall use their best efforts to cooperate with one another in order to complete the process as expeditiously as possible while adhering strictly to the requirements set forth herein and by all applicable laws and statutes and City policies. 2.3 Applications to LAFCO The City agrees to proceed with applications to LAFCO and to provide needed follow -up with LAFCO to modify the City's sphere of influence and seek approval to annex the Project Area in conjunction with the processing of other Project applications and planning documents referred to in Section 1.2(a). The City agrees to submit an application to LAFCO for a Sphere of Influence Amendment for the Specific Plan No. 8 area within 30 days after both of the following two actions are accomplished: 1) The Developer provides the City with the entire financial contribution and deposit of funds as required by this Memorandum; and 2 ) The Developer signs the City approved Memorandum. 2.4 Delays and Suspensions ��are The Ci ty agrees not to delay, su ��er a moratorium or 'se stop processing of the c plan while a hillside or growth control ordinanc proposed ordinances are being prepared, modified, extended, adopted or proposed for placement on a future ballot, unless specifically required to do so by a voter - approved initiative. 3. Termination: This Memorandum of Understanding may be terminated with or without cause by City or Developer at any time with no less than 10 days written notice of such termination. In the event of such �1 termination, City shall be compensated for all costs incurred by the City to process Project applications and planning documents up to the date of termination or until such time that the Project applications are formally withdrawn by the Developer. MEMORANDUM OF UNDERSTANDING Page 7 4. Miscellaneous Provisions: 4.1 Should interpretation of this Memorandum, or any portion thereof, be necessary, it is deemed that this Memorandum was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Memorandum or caused it to be prepared. 4.2 No waiver of any provision of this Memorandum shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver. 4.3 In no event or circumstance shall this Memorandum be deemed to limit or otherwise be deemed a waiver of any right, obligation, claim, cause of action or defense that either party may have under any applicable California or federal law. 4.4 In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Memorandum or as a result of any alleged breach of any provision of this Memorandum, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. 4.5 The Developer shall be required to defend at its sole expense any action brought against the City related to this Memorandum. Developer will reimburse the City for any court costs and /or attorney's fees which the City may be required by a court to pay as a result of any such action. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve Developer of its obligation under this Memorandum. 4.6 The Developer shall hold harmless, indemnify and defend the City and its officers, employees, servants, and agents, including but not limited to the City Manager, Deputy City Manager, Director of Community Development or City Attorney, from any claim, demand, damage, liability, loss, cost or expense, for any damage whatsoever, including but not limited to death or injury to any person and injury to any property, resulting from misconduct, negligent acts, errors or omissions of Developer or any of its officers, employees or agents in the performance of this Memorandum, except such damage as is caused by the negligence of the City or any of its officers, employees, servants, or agents. MEMORANDUM OF UNDERSTANDING Page 8 4.7 This Memorandum is made, entered into, and executed in Ventura County, California, and any court action arising from this Memorandum shall be filed in the applicable court in Ventura County, California. Executed the day and year first above written. City: CITY OF MOORPARK, a municipal corporation By: Its: Developer: HIDDEN CREEK RANCH PARTNERS, L.P., a California limited partnership By: Its: MEMORANDUM OF UNDERSTANDING Page 9 EXHIBIT "A" Map showing Specific Plan No. 8 area ( "Project Area ") CITY OF MOOR PARK • • • Ilex to Exhibit 3 for City Area Land Use Plan) 6#06 • g�/9 14 6666• 1J • • • • • Planning Area Land Use Plan CITY OF MOORPARK GENERAL PLAN NO SPF(:IFK; SCALE TABLE OF CONTENTS 0604000606•• CURRENT CRY L IM(TS AND SPHERE OF INFLUENCE 600960006 AREA OF INTEREST ar. m a! — — SPECIFIC PLAN NO 8 BOUNDARY ( "Project Area ") VENTURA COUNTY LAND USE DESIGNATIONS FOR AREAS OUTSIDE THE CURRENT CRY UMITS: EXISTING COMMUNITY IPrR wRf w P..N OR (,OUMUMI r u.�l +uPAL 1� AGRICULTURAL 5 ACRES MWIMUM NOTE" Please refer to the text of the Lard Use Element for a description of the designated SPeCW -C Plan No. 8 area AREA OF INTEREST 000 1 � • t SP #g 70 0 / 0 ` TOTAL ACRES - 4.200 1 • 1 MAXWUM DWELLING UN(TS - 2.400 1, CURRENT CRy UMrrg µDI. • SPHERE OF INFLUENCE CITY OF MOOR PARK • • • Ilex to Exhibit 3 for City Area Land Use Plan) 6#06 • g�/9 14 6666• 1J • • • • • Planning Area Land Use Plan CITY OF MOORPARK GENERAL PLAN NO SPF(:IFK; SCALE TABLE OF CONTENTS 0604000606•• CURRENT CRY L IM(TS AND SPHERE OF INFLUENCE 600960006 AREA OF INTEREST ar. m a! — — SPECIFIC PLAN NO 8 BOUNDARY ( "Project Area ") VENTURA COUNTY LAND USE DESIGNATIONS FOR AREAS OUTSIDE THE CURRENT CRY UMITS: EXISTING COMMUNITY IPrR wRf w P..N OR (,OUMUMI r u.�l +uPAL 1� AGRICULTURAL 5 ACRES MWIMUM NOTE" Please refer to the text of the Lard Use Element for a description of the designated SPeCW -C Plan No. 8 area MEMORANDUM OF UNDERSTANDING Page 10 EXHIBIT "B" Following is a list of City of Moorpark staff tasks and services required to administer and process the Project as defined herein. Tasks will be completed in the sequence determined appropriate by the City. Sphere of Influence Amendment The Community Development Department will prepare, with Developer's assistance, an application to LAFCO for a Sphere of Influence -amendment for the Specific Plan No. 8 area. flowing author�zat ion b the Cit Counci he Community Developm nt wil l submit the reso ution of intent, the application, and the initial study to LAFCO to amend the City's Sphere of Influence for the Specific Plan No. 8 area. 3. The Director of Community Development, or his designee, along with the Developer's consultant, will attend any LAFCO meetings or hearings pertaining to the Sphere of Influence amendment application for the Specific Plan No. 8 area. Annexation 1. The Community Development Department will prepare, with Developer's assistance, an application to LAFCO for annexation of the Specific Plan No. 8 area. 2. Following authorization by the City Council, the Community Development Department will submit the City Council resolution of intent, the application, and the initial study to LAFCO for annexation of the Specific Plan No. 8 area. 3. The Developer will prepare the plan for services and all other pertinent documents and maps with the assistance of the Community Development Department. 4. The Director of Community Development, or his designee, along with the Developer's consultant, will attend any LAFCO meetings or hearings pertaining to the annexation application for the Specific Plan No. 8 area. 5. Following a positive annexation action by LAFCO, the Director of Community Development will submit to the City Council the LAFCO action for approval. MEMORANDUM OF UNDERSTANDING Page 11 6. The City will submit all appropriate annexation documents to the Secretary of State. EIR 1. The City will execute an Agreement with Developer for Preparation of an EIR. That contract will identify the environmental consulting firm ( "EIR consultant ") that the City will enter into a separate contract with for actual preparation of the EIR. A copy of the EIR consultant contract will be attached to, and incorporated by reference into, the Agreement with Developer for Preparation of an EIR. 2. The Community Development Department will review a draft Notice of Preparation (NOP), Initial Study, and mailing list prepared by the EIR consultant and will coordinate City Attorney review. Once the NOP and Initial Study have been approved by the Department of Community Development, the EIR consultant will be authorized to distribute those documents to responsible agencies and other interested parties. 3. Community Development Department staff will attend scoping meetings with responsible agencies and will attend any meetings pertaining to the EIR, if determined appropriate by the Director of Community Development. 4. Upon receipt of an Administrative Draft EIR (including mitigation monitoring program) from the EIR consultant, the Community Development Department will review and prepare written comments on that document and will also distribute it to responsible City staff for comments, including but not limited to City Manager, City Attorney, City Engineer, Community Services Director, Public Works Director, and Police Chief. 5. The Community Development Department will forward all appropriate comments on the Administrative Draft EIR to the EIR consultant. The Director of Community Development will not authorize public circulation of the Draft EIR until all required corrections have been made. Consistent with the City's CEQA Procedures, the Draft EIR will be reviewed and analyzed by the Director of Community Development before it is sent out for public review to ensure its adequacy and objectivity and that the Draft EIR reflects the City's independent judgment. The Community Development Department shall assist the EIR consultant in the development of the Draft EIR distribution list. MEMORANDUM OF UNDERSTANDING Page 12 6. The Community Development Department will schedule and notice at least one Planning Commission public hearing for the Draft EIR, during the public review period, consistent with the City's CEQA Procedures. 7. Upon receipt of the draft Final EIR (including Mitigation Monitoring Program), CEQA Findings, and Statement of Overriding Considerations (if required) from the EIR consultant, the Community Development Department will review and prepare written comments on those documents and will also forward them to the City Attorney for review and comment. 8. The Community Development Department will forward all appropriate comments on the draft Final EIR, CEQA Findings, and Statement of Overriding Considerations (if required) to the EIR consultant. 9. After the Director of Community Development determines that the Final EIR document has been completed in compliance with CEQA, the EIR consultant will be authorized to distribute the Final EIR. The distribution list for the Final EIR shall include, but not be limited to, appropriate City staff (as determined by the Director of Community Development), the Planning Commission, the City Council, the Developer, and any public agency from which the City received comments on the Draft EIR. Distribution of the Final EIR will be completed at least 10 days prior to City Council consideration of certification of the Final EIR, consistent with the City's CEQA Procedures. 10. The Community Development Department will arrange for the City Council to consider certification of the Final EIR prior to City Council final action on the specific plan or any related land use entitlement. No guarantee is provided that the City Council will certify the Final EIR. Specific Plan and Related Land Use Entitlements 1. The Community Development Department will process land use entitlement applications including but not limited to specific plan, General Plan amendment, pre- zoning, development agreement, and Vesting Tentative Tract Map, consistent with City Codes, policies, and procedures and State law. Any subdivision map application will not be accepted for filing or processing until after Specific Plan No. 8 has been approved by the City Council and the statute of limitations for court challenges has elapsed. MEMORANDUM OF UNDERSTANDING Page 13 2. The Community Development Department shall periodically arrange for the Community Development Committee to review preliminary Project information received from the Developer and assist in the development of the specific plan and Project alternatives. 3. Community Development Department staff will attend public workshops or meetings arranged by the Developer pertaining to the specific plan, if determined appropriate by the Director of Community Development. The City will not be responsible for providing the public notice for public workshops or meetings pertaining to the specific plan; however, the Community Development Department will be responsible for providing the legal public notice for formal Project public hearings, with the exception of sign posting. The Director of Community Development shall require the Developer to post a minimum of two off -site public notice signs, which advertise the Project public hearings. 4. Upon receipt of an administrative draft specific plan from the Developer, the Community Development Department will review and prepare written comments on this document, and at the discretion of the Director, may contract with an independent planning consultant to review and prepare written comments on this document. The Community Development Department will also be responsible for distributing the draft specific plan to responsible City staff for comments, including but not limited to City Manager, City Attorney, City Engineer, Community Services Director, Public Works Director, and Police Chief. The Community Development Department will forward all comments on the draft specific plan to the Developer. 5. The Director of Community Development will not authorize public distribution of the draft specific plan until concurrence has been obtained from the City Council. 6. The Community Development Department will schedule the public hearings for the Project. Both Planning Commission and City Council public hearings will be required. EXHIBIT "C" Minutes of the City Council Moorpark, California Page 14 August 19, 1992 Eloise Brown, 13193 Annette Street, addressed the Council saying that it was not the City's responsibility to determine what is profitable. She indicated that the recommendations in the Staff Report would result in too lengthy a process. Dee Boysen, 24005 Ventura Blvd., #102, Calabasas, representing the Building Industry Association, addressed the Council. She indicated that she was in disagreement with the staff recommendations as outlined in the Staff Report. After Council discussion and concurrence of their dissatisfaction with the staff recommendations as presented in the Report, the following motion was heard: MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to direct staff that for the Specific Plan Processing Procedure, the applicant will be allowed to choose between two options: 1) Applicant contacts the City and there is joint selection of a single consultant to prepare EIR and Specific Plan documents under a three -party agreement -- applicant, city, consultant; or 2) Applicant will be allowed to select their own consultant to prepare the EIR and Specific Plan documents for submittal to the City; the applicant shall be required, at least 30 days prior to submission of a Specific Plan prepared by an unilateral consultant, to notify the City of their intent to submit such an application; the City will make a determination whether to review the submission in -house or contract with a second consultant to perform the review. With regard to either option, the applicant shall deposit an initial amount equal to the estimated staff processing costs for such submission. Staff to be involved in noticing of preparation of EIRs and distribution to appropriate agencies as per CEQA. The motion carried by unanimous voice vote. E. Consider Extension of Growth Control Ordinance. Staff Recommendation: Direct staff as deemed appropriate. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to continue this matter to the first Regular meeting in September. The motion carried by unanimous voice vote. G. Consider SB 844 Regarding Booking Fees Extension. Staff Recommendation: Direct Mayor to send a letter of opposition to the State legislators.