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Home My WebLink AboutAGENDA 1998 0902 CC REG Foo��92 Ordinance No. 247 4°." Resolution No. 98-1507 -dralketdo. . 1111601 1111V TFo CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, SEPTEMBER 2, 1998 7 : 00 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2 . INVOCATION: Father John Love, Holy Cross Church 3 . PLEDGE OF ALLEGIANCE: 4 . ROLL CALL: Any member of the public may address the Council during the Public Comments portion of the Agenda, unless it is a Public Hearing or a Presentation/Action/Discussion item. Speakers who wish to address the Council concerning a Public Hearing or Presentations/Action/Discussion item must do so during the Public Hearing or Presentations/ Action/Discussion portion of the Agenda for that item. Speaker cards must be received by the City Clerk for Public Comment prior to the beginning of the Public Comments portion of the meeting and for Presentation/Action/Discussion items prior to the beginning of the first item of the Presentation/Action/Discussion portion of the Agenda. Speaker Cards for a Public Hearing must be received prior to the beginning of the Public Hearing. A limitation of three minutes shall be imposed upon each Public Comment and Presentation/Action/Discussion item speaker. Copies of each item of business on the agenda are on file in the office of the City Clerk and are available for public review. Any questions concerning any agenda item may be directed to the City Clerk at 529-6864 . City Council Agenda September 2 , 1998 Page 2 5 . PROCLAMATIONS AND COMMENDATIONS: 6 . PUBLIC COMMENT: AT THIS POINT IN THE MEETING THE COUNCIL WILL RECESS TO CONVENE THE REDEVELOPMENT AGENCY. 7 . REORDERING OF, AND ADDITIONS TO, THE AGENDA: 8 . ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 9 . PUBLIC HEARINGS: A. Consider Request by A-B Properties and Southern California Edison Company for Approval of General Plan Amendment No. 97-2 to Amend the Land Use Element of the General Plan on 43 .32 Acres of Undeveloped Land Approximately 1, 300 Feet West of Gabbert Road and North of the Railroad Tracks (APN. 500-34-22 and -23) From "AG-I" (Agricultural 1DU. /10-40 Acres) to "I-2" (Medium Industrial) and Zone Change No. 97-7 to Change the Zoning on the Property From AE (Agricultural Exclusive) to M-2 (Limited Industrial) . Staff Recommendation: 1) Open the public hearing, accept public testimony and continued to September 16, or October 7, 1998; and 2) Refer these items to Ad Hoc Committee to negotiate with A-B Properties and Southern California Edison to prepare a Draft Development Agreement that addresses infrastructure and transportation needs, area wide drainage needs, and design and land use criteria for this site as well as other matters germane to the project that should be included in a Development Agreement . 10 . PRESENTATION/ACTION/DISCUSSION: * A. Consider Proposed Sale of Real Property at Flory Avenue and New Los Angeles Avenue by Moorpark Unified School District . Staff Recommendation: Make a determination if City is interested in the purchase or lease of the real surplus property offered by the Moorpark Unified School District . * Items deemed by the City Manager to be High Priority City Council Agenda September 2 , 1998 Page 3 10. PRESENTATION/ACTION/DISCUSSION: (Continued) * B. Consider Proposal By Tri-Valley Roller Hockey League for Arroyo Vista Community Park (AVCP) . Parks and Recreation Commission and Staff Recommendation: 1) Approve contracting with Tri Valley Roller Hockey League to make improvements to the multi purpose court at AVCP and to operate roller hockey leagues as outlined in the agenda report, and 2) Approve the License Agreement between the City and Tri Valley Roller Hockey League, pending final language changes by the City Manager and City Attorney, and authorize the City Manager to sign the Agreement on behalf of the City. C. Consider the Status of Virginia Colony Park. Staff Recommendation: 1) Direct staff to continue operating and maintaining Virginia Colony Park for one more month through December 9, 1998 ; 2) Direct staff to close the park, as outlined in the staff report, if an agreement with Moorpark Unified School District (MUSD) to operate and maintain the park is not reached by October 7 . * D. Consider General Plan Amendment Screening Process . Staff Recommendation: Refer the draft procedure and any comments to the Affordable Housing/Community Development Committee to develop recommendations, and direct staff to work with the Committee to prepare a final process and criteria for Council future consideration. E. Consider Minor Modification No. 1 to Major Modification No. 1 to Commercial Planned Development Permit No. 95-1 for Approval of a Sign Program for the Rite Aid Drug Store and Kindercare Day Care Center, Located at the Northwest Corner of Spring and Tierra Rejada Roads (Marketplace Partners) . Staff Recommendation: Adopt Resolution No. 98- denying Minor Modification No. 1 to Commercial Planned Development No. 95-1 . F. Consider Appointment of a City Council Ad Hoc Committee to Prepare a Draft Development Agreement for Specific Plan No. 2 (Morrison-Fountainwood-Agoura) . Staff Recommendation: Appoint City Council Ad Hoc Committee . * Items deemed by the City Manager to be High Priority City Council Agenda September 2 , 1998 Page 4 10 . PRESENTATION/ACTION/DISCUSSION: (Continued) * G. Consider Authorization to Advertize for Receipt of Bids for the Construction for the Widening of Peach Hill Road at Spring Road. Staff Recommendation: Approve the plans and specifications and authorize staff to advertise for receipt of bids for the construction for the subject project . * H. Consider Agreement and Escrow Instructions Pertaining to Early Payment of Fees; Consider Resolution No. 98- Adopting an Interpretation of the Intent of Certain Provisions of the Development Agreement; and Consider an Accord Agreement Related to the Moorpark Country Club Estates Project . Staff Recommendation: 1) Approve the Agreement and Escrow Instructions related to the early payment of fees, subject to final language approval by the City Attorney and City Manager; and authorize the Mayor to execute said documents; 2) Adopt Resolution No. 98- pertaining to an interpretation of the intent related to the Development Agreement with Bollinger Development Corporation; and 3) Approve the Accord Agreement, subject to final language approval by the City Attorney and City Manager, pertaining to the early payment of certain golf course related fees . 11. CONSENT CALENDAR: A. Consider Approval of Minutes of the May 20, 1998 Regular City Council Meeting. Consider Approval of Minutes of the June 17, 1998 Special City Council Meeting. Consider Approval of Minutes of the July 15, 1998 Special City Council Meeting. Consider Approval of Minutes of the July 15, 1998 Regular City Council Meeting. Consider Approval of Minutes of the August 6, 1998 Special City Council Meeting. Staff Recommendation: Approve the minutes as processed. * Items deemed by the City Manager to be High Priority City Council Agenda September 2 , 1998 Page 5 11. CONSENT CALENDAR: (Continued) B. Consider Approval of Warrant Register of September 2, 1998 . Fiscal Year 1997/98 Regular Warrants 42452 - 42454 - D $ 24 , 947 . 07 42455 - 42461 - V $ 27, 267 . 10 C. Consider Approval of Warrant Register of September 2 , 1998 . Fiscal Year 1998/99 Manual Warrants 42447 - 42451 $ 3 , 166 . 03 42572 - 42573 Voided Warrants 40415, 40460 & $ ( 649 . 67) 42031, 42123 Regular Warrants 42462 - 42495 - D $ 310, 618 . 61 42496 - 42571 - V $ 52, 712 . 52 D. Consider Wild Animal Service Response . Staff Recommendation: Receive and file. E. Consider the Final Appropriation of the Local Law Enforcement Block Grant Moneys ("LLEBG") for Fiscal Year 1998/99, (Estimated to be $15, 649) . Staff Recommendation: Consider the input from the Local Law Enforcement Block Grant Advisory Committee as presented in the staff report, and concur with these recommendations for the use of LLEBG funds in fiscal year 1998/99 . F. Consider Resolution No. 98- Adopting Council Policies and Rescinding Resolution No. 98-1454 . Staff Recommendation: Adopt Resolution No. 98- . 12 . ORDINANCES: City Council Agenda September 2 , 1998 Page 6 13 . CLOSED SESSION: 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 REAL PROPERTY NEGOTIATOR Property: Northeast corner of New Los Angeles Avenue and Flory Avenue, Moorpark, CA 93021 Negotiating Parties: The City of Moorpark and Moorpark Unified School District . Under Negotiation: Price and Terms of payment E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956 . 9) City of Moorpark vs . Theresa L. Dillon 14. ADJOURNMENT: In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk's Department at (805) 529-6864. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (CFR 35 .102-35 .104 ADA Title II) STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING I, Lisa Pope, declare as follows: That I am the Deputy City Clerk of the City of Moorpark and that an agenda of the Regular Meeting of the Moorpark City Council to be held on Wednesday, September 2, 1998, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on August 28, 1998, at a conspicuous location near the place of the meeting. Moorpark Community Center 799 Moorpark Avenue Moorpark, California I declare under penalty of perjury that the foregoing is true and correct. Executed on*August 28, 1998 Lisa Pope, Deputy ciity Clerk