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HomeMy WebLinkAboutAGENDA 1998 1216 CC REG ? 04 CA V slippy .1\� d1176 AP. Ordinance No. 251 n``���1 Resolution No. 98-1556 4 TFD �vy1 CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, DECEMBER 16, 1998 7 :00 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2 . INVOCATION: Pastor Errol Hale, Shiloh Community 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 16, 1998 Page 2 5. PROCLAMATIONS AND COMMENDATIONS: A. Presentation by Senator Cathie Wright . B. City Manager' s Monthly Report 6 . PUBLIC COMMENT: AT THIS POINT IN THE MEETING, THE COUNCIL WILL RECESS TO CONVENE THE INDUSTRIAL DEVELOPMENT AUTHORITY. 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 REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure Section 2. 9, Items to be withdrawn from the Consent Calendar shall be identified at this time.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: 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 from AG-1 (Agricultural) to I-2 (Medium Industrial) , on Undeveloped Land Located West of Gabbert Road and North of the Southern Pacific Railroad (Continued from December 2, 1998 with the Public Hearing Closed) . Staff Recommendation: Approve General Plan Amendment No. 97-2 with adoption of Resolution No. 98- also approving General Plan Amendment No. 96-1 (Pacific Communities) . B. 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 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. (Continued from December 2, 1998, with Public Hearing City Council Agenda December 16, 1998 Page 3 9 . PUBLIC HEARINGS: (Continued) Open) . Staff Recommendation: 1) Accept public testimony and close the public hearing; 2) Review, consider, and approve the Mitigated Negative Declaration and Mitigation Monitoring Program; 3) Adopt Resolution No. 98- , approving General Plan Amendment No. 96-1 (Pacific Communities) and General Plan Amendment No. 97-2 (A-B Properties) and Southern California Edison Company) ; 4) Introduce Ordinance No. approving Zone Change No. 96-2 for first reading; 5) Introduce Ordinance No. approving the Development Agreement between the City and Pacific Communities for first reading; and 6) Adopt Resolution No. 98- , approving Residential Planned Development No. 96-1 and Vesting Tentative Tract Map No. 5053 . C. Consider Resolution No. 98- Approving a Change of Control of the Cable Communications Franchise held by TCI Cablevision of California, Inc. Staff Recommendation: Adopt Resolution No. 98- approving a change of control of the Cable Communications franchise held by TCI Cablevision of California, Inc. 10 . PRESENTATION/ACTION/DISCUSSION: A. Consider Appointment to the Teen Council . Staff Recommendation: Appoint one member to the Teen Council to fill the unexpired term to expire June 30, 1999 . * B. Consider Canceling City Council Regular Meeting of January 6, 1999 . Staff Recommendation: Direct staff to schedule a Council recess for January 6, 1999, and post a notice of meeting cancellation. * C. Consider Appointments to the Budget Citizens Advisory Committee and Extending Application Period. Staff Recommendation: Direct staff to extend the application period to December 30 , 1998, 5 : 00 p.m. and allow for non-resident business persons to apply for the position. * Items Deemed by the City Manager to be High Priority City Council Agenda December 16, 1998 Page 4 10 . PRESENTATION/ACTION/DISCUSSION: (Continued) * D. Consider A Request from Cabrillo Economic Development Corporation for a Modification to the Fee Payments for Tentative Tract Map No. 5161 and RPD No. 98-07 (Gisler Field) . Staff Recommendation: Approve the fee modification requests submitted by Cabrillo Economic Development Corporation for Tentative Tract Map No. 5161 and RPD No. 98-07 (Gisler Field) as follows : 1) Development fees for the 15 affordable housing units are to be paid in full prior to the issuance of a Certificate of Occupancy; 2) Development fees for the market rate housing units are to be paid in full prior to the issuance of a building permit; 3) The development fees for the Gisler Field project shall be those in effect on July 8, 1998; and 4) The Quimby fees for the 15 affordable housing units are to be capped at a $3 , 000 per unit (ROLL CALL VOTE REQUIRED) . * E. Consider Resolution No. 98- Approving a Waiver to Setback Requirements Requested by Cabrillo Economic Development Corporation for Tentative Tract Map No. 5161 and RPD No. 98-07 (Gisler Field) . Staff Recommendation: Adopt Resolution No. 98- approving waivers to the setback requirements for Tentative Tract Map No. 5161 and RPD No. 98-07 . * F. Consider Resolution No. 98- Approving a Request from Cabrillo Economic Development Corporation for Modifications to Street Design Standards for Tentative Tract Map No. 5161 and RPD No. 98-07 (Gisler Field) . Staff Recommendation: Adopt Resolution No. 98- approving modifications to the street design standards for Tentative Tract Map No. 5161 and RPD No. 98-07 . * G. Consideration of Traffic Signals at Maureen Lane and Shasta Avenue at Los Angeles Avenue. Staff Recommendation: Direct staff to prepare warrant studies for both Maureen Lane and the proposed 4-way Shasta Avenue intersections (the Los Angeles Avenue Area of Contribution to pay ' of the cost of the studies and the developer to pay the other ' ) . * Items Deemed by the City Manager to be High Priority City Council Agenda December 16, 1998 Page 5 10 . PRESENTATION/ACTION/DISCUSSION: (Continued) * H. Consider Resolution No. 98- Amending the Fiscal Year 1998-99 Budget to make Adjustments Related to the State Controller' s Gas Tax Fund Audit. Staff Recommendation: Adopt Resolution No. 98- making various budget adjustments in response to the State Controller' s Gas Tax Fund audit. (ROLL CALL VOTE REQUIRED) I . Consider Approval of the 1997 Annual Report to the California Integrated Waste Management Board (CIWMB) on the City' s Waste Reduction Status . Staff Recommendation: Approve the 1997 Annual Report to the California Integrated Waste Management Board (CIWMB) with the revised base year waste generation calculations . J. Consider Resolution No. 98- Rescinding Resolution No. 97-1414, Updating Solid Waste Collection Fees . Staff Recommendation: 1) Approve the annual solid waste fee adjustment with the City of Moorpark Franchise Haulers and 2) Adopt Resolution No. 98- Rescinding Resolution 97-1414 , approving new 1999 Solid Waste Collection Fees, and updating Exhibit G of the Franchise Agreements, effective January 1, 1999 . (ROLL CALL VOTE REQUIRED) * K. Consider Request from the Moorpark Unified School District (MUSD) for the City Council to Authorize the Execution of Certain Agreements and to Authorize Advertisement for Receipt of Bids for the Construction of a Traffic Signal and Related Improvements at the Intersection of Casey Road and Walnut Canyon Road (State Route 23) . Staff Recommendation: 1) Authorize the Mayor to sign the City/Caltrans Cooperative Agreement, subsequent to execution of the City/MUSD Agreement and subject to final language approval by the City Attorney and the City Manager; 2) Authorize the Mayor sign the City/MUSD Agreement subject to final language approval by the City Attorney and the City Manager; and 3) Authorize staff to advertise for receipt of bids for the construction of the subject project upon completion of the prerequisites for such action noted in Section H of the report . * Items Deemed by the City Manager to be High Priority City Council Agenda December 16, 1998 Page 6 10 . PRESENTATION/ACTION/DISCUSSION: (Continued) L. Consider Regional Monitoring and Implementation Committee Relating to County Advisory Measure A. Staff Recommendation: Direct staff as deemed appropriate. M. Consider Review of El Rodeo Conditional Use Permit . Staff Recommendation: Direct staff as deemed appropriate . * N. Consider Sheriff' s Department 5 Year Strategic Planning Process . Staff Recommendation: Consider the designation of two Councilmembers to participate in the Public Safety Forum to be held January 13 , 1999 . 11. CONSENT CALENDAR: A. Consider Approval of Minutes of the November 18, 1998 Regular City Council Meeting. Consider Approval of Minutes of the December 2 , 1998 Regular City Council Meeting. Staff Recommendation: Approve the minutes as processed. B. Consider Approval of Warrant Register of December 16, 1998 . Fiscal Year 1998/99 Manual Warrants 43308 - 43318 $ 37, 067 .43 Voided Warrants 43039 $ (14, 552 .26) Regular Warrants 43320 - 43358 - D $ 52 , 286 .45 43359 - 43418 - V $ 122 , 419 . 82 * Items Deemed by the City Manager to be High Priority City Council Agenda December 16, 1998 Page 7 11. CONSENT CALENDAR: (Continued) C. Consider Resolution No. 98- Related to the City' s Trust Accounts with Bank of New York (BNY) Western Trust Company. Staff Recommendation: Adopt Resolution No. 98- pertaining to trust accounts with the Bank of New York Western Trust Company. D. Consider Agreement Between County of Ventura and City of Moorpark Pertaining to Distribution of Cash and Personal Assets of the Moorpark Mosquito Abatement District . Staff Recommendation: Approve the agreement for the Distribution of Cash and Personal Assets of the Moorpark Mosquito Abatement District subject to final language approval of the City Attorney and City Manager, and authorize the Mayor to sign the Agreement on behalf of the City. 12 . ORDINANCES: A. Consider Ordinance No . 249, An Ordinance of the City Council of the City of Moorpark, California, approving Zone Change No. 97-6 to Change the Zoning Designation on Undeveloped Land Located West of Gabbert Road and North of the Southern Pacific Railroad from A-E (Agricultural Exclusive) to M-2 (Medium Industrial) on the Application of A-B Properties and Southern California Edison Company (Continued from December 2 , 1998) . Staff Recommendation: Adopt on Second Reading Ordinance No. 249 . B. Consider Ordinance No. 250, An Ordinance of the City Council of the City of Moorpark, California, Adopting a Development Agreement between the City of Moorpark and A-B Properties and a Development Agreement between the City of Moorpark and the Southern California Edison Company. Staff Recommendation: Adopt on Second Reading Ordinance No. 250 . City Council Agenda December 16, 1998 Page 8 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 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 16, 1998, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on December 11, 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 December 11, 1998. P Lisa Pope, Deputy t ity Clerk 0000pCy 11i MOORPARK o` oo tiWe 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 � NOTICE OF CONTINUANCE OF PUBLIC HEARING A duly noticed public hearing regarding: 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 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, was held on December 16, 1998, at which time the City Council continued the hearing to a Regular City Council meeting to be held on March 3, 1999, at 7:00 p.m., in the Community Center located at 799 Moorpark Avenue, Moorpark, California. Dated: December 17, 1998 Deborah S. Traffenstedt,''ty Clerk M:\LPope\M\Agendas\noticecontph.doc PATRICK HUNTER CHRISTOPHER EVANS CLINT D.HARPER DEBBIE RODGERS JOHN E. WOZNIAK Mayor Mayor Pro Tern Councilmember Councilmember Councilmember „.„ MOORPARK Ai/14,41% iiravvida var. 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 % Eiww NOTICE OF CONTINUANCE OF PUBLIC HEARING A duly noticed public hearing regarding: Consideration of Resolution No. 98- Approving a Change of Control of the Cable Communications Franchise held by TCI Cablevision of California, Inc. was held on December 16, 1998, at which time the City Council continued the hearing to a Regular City Council meeting to be held on January 20, 1999, at 7:00 p.m., in the Community Center located at 799 Moorpark Avenue, Moorpark, California. Dated: December 17, 1998 S.iLU Deborah S. Traffenstedt,rity Clerk MALPope\M\Agendas\noticecontph.doc PATRICK HUNTER CHRISTOPHER EVANS CLINT D.HARPER DEBBIE RODGERS JOHN E. WOZNIAK Mayor Mayor Pro Tern Councilmember Councilmember Councilmember