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HomeMy WebLinkAboutAGENDA 1998 1202 CC REG oP' Ordinance No. 249 qo° P�/��92 Resolution No. 98-1548 iNIMMF AraVgralk 9.0 A4 OQgT s w 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