HomeMy WebLinkAboutAGENDA 1998 1202 CC REG oP' Ordinance No. 249
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CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, DECEMBER 2, 1998
7 :00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1 . CALL TO ORDER:
2 . INVOCATION:
Pastor Dave Wilkinson, Moorpark Presbyterian 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. Written Statement
Cards may be submitted in lieu of speaking orally for open
Public Hearings and Presentation/Action/Discussion items . 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
December 2, 1998
Page 2
5. PROCLAMATIONS AND COMMENDATIONS:
A. Consider City Council Resolution No. 98- Reciting
the Fact of the General Municipal Election Held on
November 3, 1998, and Declaring the Election Results
and Such Other Matters as Required By Law. Staff
Recommendation: Adopt Resolution No. 98-
B. Comments from Councilmember Perez .
C. Special City Presentation to Councilmember Perez .
D. Presentation from Supervisor Mikels
E. City Clerk administers the Oath of Office to
Councilmember John Wozniak.
F. City Clerk administers the Oath of Office to
Councilmember elect Clint Harper.
G. City Clerk administers the Oath of Office to Mayor
Patrick Hunter.
H. Comments from Councilmembers Wozniak and Harper.
I . Consider Nomination and Selection of Mayor Pro
Tempore.
The Council will recess at this point for a brief reception.
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:
(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:
City Council Agenda
December 2, 1998
Page 3
9. PUBLIC HEARINGS:
A. Consider Request by A-B Properties and Southern
California Edison Company for General Plan Amendment
No. 97-2 from AG-1 to I-2, for Zone Change No. 97-6
from AE to M-2, and Proposed Development Agreements
between the City and A-B Properties and the City and
Southern California Edison, on Property Located West
of Gabbert Road and North of the Southern Pacific
Railroad (Continued from November 18, 1998 with the
Public Hearing Open for the Development Agreements) .
Staff Recommendation: Consider General Plan Amendment
No. 97-2, Zone Change No. 97-6 and Development
Agreements 98-4 and 98-5, which would be the final
amendment to the General Plan Land Use Element allowed
this year: 1) Defer adoption of Resolution No . 98- ,
approving General Plan Amendment No. 97-2 until second
reading of Ordinances approving the Zone Change and
Development Agreement; 2) Introduce Ordinance No.
approving Zone Change No. 97-6 for 1st reading; 3)
Introduce Ordinance No. approving the Development
Agreement between the City and A-B Properties and the
City and Southern California Edison Company for 1st
reading.
B. Consider Resolution of the City Council of the City of
Moorpark, California Approving Industrial Planned
Development Permit Number IPD 97-4, Conditional Use
Permit No. CUP 98-4, and Parcel Map No. 5123 for
Development of a Self Storage Facility with On-Site
Managers Residence and Subdivision of a 7 . 5 Acre Site,
Located on the Northeast Corner of Spring Road and
Flinn Avenue - William Bromiley (Continued from
November 18, 1998 with Public Hearing Closed) . Staff
Recommendation: 1) Consider the Negative Declaration
prepared for the requested entitlements prior to
approval or denial of the projects; and 2) Adopt
Resolution No. 98- approving the Industrial
Planned Development Permit, the Conditional Use Permit
and Parcel Map subject to conditions .
C. Consider Request by Pacific Communities for General
Plan Amendment No. 96-2 from High Density Residential
(7 du/acre maximum) and Very High Density Residential
(15 du/acre maximum) to High Density Residential, for
Zone Change No. 96-2 from RPD 13 and 5. 3 units per
acre to RPD 8 .7 units per acre, Vesting Tentative
Tract Map No. 5053 for 309 lots, Residential Planned
City Council Agenda
December 2, 1998
Page 4
9. PUBLIC HEARINGS: (Continued)
Development Permit No. 96-1 for 303 residential units,
and Development Agreement No. 98-2, on 35.23 acres
located on the south side of Los Angeles Avenue in the
vicinity of Maureen Lane and Goldman Avenue. Staff
Recommendation: 1) Open the public hearing and accept
public testimony and close the public hearing; 2)
Review, consider, and approve the Mitigated Negative
Declaration and Mitigation Monitoring Program; 3)
Defer action of adoption of Resolution No . 98- ,
approving General Plan Amendment No. 96-1 until time
of second reading of Zone Change and Development
Agreement; 4) Introduce Ordinance No. approving
Zone Change No. 96-2 for first reading and defer
second reading until time of second reading or until
the City Council takes action on the General Plan
Amendment and second reading of Ordinance approving
Development Agreement; 5) Introduce Ordinance No.
approving the Development Agreement between the City
and Pacific Communities for first reading; 6) Adopt
Resolution No. 98- , approving Residential Planned
Development No. 96-1 and Vesting Tentative Tract Map
No. 5053
D. Consider Resolution No. 98- Approving Modifications
to the Cable Television Franchise Held by
Entertainment Express Limited and Extending Said
Modified Franchise to December 20, 2000 . Staff
Recommendation: Adopt Resolution No. 98-
approving modifications to the cable television
franchise held by Entertainment Express Ltd. and
extending said modified franchise to December 20,
2000. (ROLL CALL VOTE REQUIRED)
E. Consider Revisions to the Land Use Development Fee
Rate. Staff Recommendation: Adopt Resolution No. 98-
, establishing the Community Development staff
rate per hour at $88, the Code Enforcement rate per
hour at $82, and the Administrative Services rate per
hour at $90 and rescinding Resolution No. 97-1405.
10. PRESENTATION/ACTION/DISCUSSION:
A. Appointments to City Council Standing Committees, Ad
Hoc Committees and Other Assignments . Staff
Recommendation: Make appointments to Committees
consistent with City Council Policies .
City Council Agenda
December 2, 1998
Page 5
10. PRESENTATION/ACTION/DISCUSSION: (Continued)
* B. Consider Objecting to Sale of Tax-Defaulted
Properties . Staff Recommendation: Authorize staff to
object to the sale of the tax-defaulted properties
identified in the staff report, and authorize the City
Manager to sign the related documents on behalf of the
City.
C. Consider the Authorization of Sale of Certain City
Owned Property to the Moorpark Redevelopment Agency.
Staff Recommendation: Approve the sale of three (3)
parcels of land, identified as APN' s 506-0-020-490,
506-0-020-500 and 506-0-020-525 to the Moorpark
Redevelopment Agency in the amount of $45, 000 (ROLL
CALL VOTE REQUIRED) .
* D. Consider Bids for the Widening of Peach Hill Road East
of Spring Road to Provide for the Addition of a
Westbound Left-Turn Lane. Staff Recommendation: 1)
Adopt Resolution No. 98- approving an amendment to
the FY 1998/99 Budget for the subject project A)
revising the current year appropriation and budget for
the subject project (Gas Tax Fund (Fund 240) : $81, 000
increase) and B) approving a reimbursement of prior
year Gas Tax funded expenditures ($8, 514) from the
Traffic Mitigation Fund; 2) Award a contract to E & M
Constructors in the amount of $59, 176. 00 for the
construction of the subject project; 3) Approve a
construction contingency in the amount of $59, 176. 00
for the construction of the subject project; and 4)
Authorize the City Manager to sign necessary contract
documents (ROLL CALL VOTE REQUIRED) .
E. Consider Comments Related to Ventura County
Application for Parcel Map 5166 and Zone Change 2927 .
Staff Recommendation: Direct staff as deemed
appropriate.
11 . CONSENT CALENDAR:
A. Consider Approval of Minutes of the November 4, 1998
Regular City Council Meeting.
Staff Recommendation: Approve the minutes as
processed.
* Items Deemed by the City Manager to be High Priority
City Council Agenda
December 2, 1998
Page 6
11 . CONSENT CALENDAR: (Continued)
B. Consider Approval of Warrant Register of December 2,
1998 .
Fiscal Year 1998/99
Manual Warrants 43197 - 43202 $ 2, 074 . 40
Voided Warrants 42698 $ ( 360. 00)
Regular Warrants 43203 - 43240 - D $ 98, 921 . 83
43241 - 43307 - V $ 53, 782 . 41
C. Consider Resolution No. 98- Making Application to
LAFCO to Undertake Proceedings for Annexation of
Certain Property into the City of Moorpark; and
Consider Resolution No. 98- Making Application to
LAFCO to Undertake Proceedings for Amendment to the
City' s Sphere of Influence; and Consider Resolution
No. 98- Amending the City' s Operating Budget to
Fund Application Costs to LAFCO. Staff
Recommendation: 1) Adopt Resolution No. 98- making
application to the Ventura Local Agency Formation
Commission to take proceedings for the annexation of
certain property into the City of Moorpark; 2) Adopt
Resolution No. 98- making application to the
Ventura Local Agency Formation Commission to take
proceedings for the amendment of the City of
Moorpark' s sphere of influence; and 3) Adopt
Resolution No. 98- amending the FY 1998-99
Operating Budget to appropriate $1, 750 from the Tierra
Rejada Area of Contribution Fund. (ROLL CALL VOTE
REQUIRED)
D. Consider Request from Moorpark Unified School District
(MUSD) for the City to administer the Caltrans/MUSD
project for the construction of traffic signal and
related improvements at the intersection of Walnut
Canyon Road and Casey Road. Staff Recommendation:
Approve request.
E. Consider Program Guidelines - Down Payment Assistance
Program Using HOME Funds . Staff Recommendation: Adopt
the Guidelines as itemized in the staff report for the
Down Payment Assistance Program using HOME funds .
City Council Agenda
December 2, 1998
Page 7
11. CONSENT CALENDAR: (Continued)
F. Consider Bids for the Construction of Alley
Improvements Phase 2 . Staff Recommendation: 1) Award
a contract to Channel Islands Paving, Inc. in the
amount of $39, 431 for the construction of the subject
project; 2) Approve a construction contingency in the
amount of $5, 169 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 the contract documents for the subject
project (ROLL CALL VOTE REQUIRED) .
G. Consider Co-Sponsoring Moorpark Community Arts
Committee December 1998 Home Decorating and Lighting
Contest. Staff Recommendation: Approve the request
for the City to act as co-sponsor of the Home
Decorating and Lighting Contest, with the City' s
participation limited to advertisement on the Channel
10 character generator.
12 . ORDINANCES:
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 LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956. 9)
The Environmental Coalition of Ventura County vs . City
of Moorpark
City Council Agenda
December 2, 1998
Page 8
13. CLOSED SESSION: (Continued)
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)
City of Moorpark, et al vs . The Environmental
Coalition of the Ventura County
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, December 2, 1998, at 7:00 p.m. in the
Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark,
California, was posted on November 25, 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 November 25, 1998.
PC14..
Lisa Pope, Deputy City Clerk