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HomeMy WebLinkAboutAGENDA 1999 0519 CC REG , C9� a clailippir eOrdinance No. 254 Firt"\V-� Resolution No. 99-1608 4410177 CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, MAY 19, 1999 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: Junior Girl Scout Troop No. 418 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 May 19, 1999 Page 2 5 . PROCLAMATIONS AND COMMENDATIONS: A. Recognition of City 1998 Employees of the Year (Teresa Jones, Jordan Gastwirth, and Stephanie Casillas) B. Recognition of Moorpark High School Future Business Leaders of America C. Recognition of Kiwanis "Hope of America" Award Recipients (Mary Adrian, Jonathan Panossian, and Eric Reich) D. Recognition of City Park Essay Contest Winners (Andrew Carrillo, Kevin Grasel, and Matt Shenkman) E. City Manager' s Monthly Report 6 . PUBLIC COMMENT: 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 REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure, Section 2. 9, Items to be withdrawn from the Consent Calendar shall be identified at this time.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 Residential Planned Development (RPD) Permit Nos . 98-3 , 98-4, 98-5 and 98-6, in the Carlsberg Specific Plan Area by Authorizing Residential Planned Development, Modifying or Establishing Architectural Design and Development Standards, and Landscaping Concepts for the Four Residential Subdivisions Previously Approved on the Subject Property on the Application of Lennar Homes of California. (Continued from May 5, 1999 with public hearing open) Staff Recommendation: 1) Accept public testimony; close the public hearing on Residential Planned Development Permit Nos . 98-3 , 98-4 , 98-5, and 98-6; and 2) Adopt Resolution No. 99- approving Residential Planned Development Permit Nos . 98-3 , 98-4 , 98-5, and 98-6 . City Council Agenda May 19, 1999 Page 3 9 . PUBLIC HEARINGS: (Continued) B . Consider Request by Archstone Communities for Approval of General Plan Amendment No. 97-3 for a Change in the Land Use Designation of the General Plan from General Commercial (C-2) to Very High Density Residential (VH) , Zone Change No. 97-7 to Change the Zoning Designation of the Property from CPD (Commercial Planned Development) to RPD 16 . 2 (Residential Planned Development - 16 .2 Units Per Acre Maximum) , and Residential Planned Development Permit No. 97-1 for Construction of 312 Apartment Units . (Continued from May 5, 1999 with public hearing open) . Staff Recommendation: 1) Accept public testimony and close the public hearing on General Plan Amendment No. 97-3 , Zone Change No. 97-7 and Residential Planned Development Permit No. 97-1; 2) Direct staff to schedule a public hearing for Planning Commission review and recommendation to the City Council regarding Development Agreement No. 97-4 ; and 3) Continue the public hearing regarding Residential Planned Development Permit No. 97-1, General Plan Amendment No. 97-7 and Zone Change No. 97-7 to June 2 , 1999 . C. Consider Adoption of Ordinance No. 253 Amending the Municipal Code by Adopting the Current Editions of the Uniform Building Code, National Electrical Code, Uniform Plumbing Code, Uniform Mechanical Code, Uniform Housing Code, Uniform Code for the Abatement of Dangerous Buildings and the Uniform Administrative Code. Staff Recommendation: 1) Open the public hearing and receive testimony on Ordinance No. 253 ; 2) Close the public hearing; and 3) Waive full reading and declare Ordinance No. 253 read for the second time and adopted as read. D. Consider Resolution No. 99- to Enable the Enforcement of the California Vehicle Code in the Privately Owned Parking Facilities Located at 5260 Bonsai Avenue (IPD-98-4 : Parcel 14 of LDM-8) and 5395 Kazuko Court (IPD-98-5 : Parcel 15 of LDM-8) . Staff Recommendation: Adopt Resolution No. 99- declaring certain privately owned parking facilities to be subject to certain provisions of the California Vehicle Code . City Council Agenda May 19, 1999 Page 4 9 . PUBLIC HEARINGS: (Continued) E . Consider Resolution No. 99- Approving the Change of Control of the Cable Communications Franchise Held by TCI Cablevision of California to Century Communications Corporation. Staff Recommendation: 1) Open the public hearing and take testimony; 2) Close the public hearing and enter into discussion on the matter; and 3) Adopt Resolution No. 99- approving the change of control of the cable communications franchise held by TCI Cablevision of California, Inc. to Century Communications Corporation. 10 . PRESENTATION/ACTION/DISCUSSION: A. Consider Request for the Construction of a Traffic Signal at the Intersection of Los Angeles Avenue (State Route 118) and Montair Drive (American Products, Inc . ) (Continued from April 21, 1999) . Staff Recommendation: Take no action on the subject request . B. Consider Minor Modification No. 2 to Specific Plan 92- 1 (Carlsberg Specific Plan) to Modify the Specific Plan Text and Maps by: A) Amending the Architectural Theme, Design/Development Standards and Landscape Concept; B) Reduction in the Length of the Trail System; C) the Addition of a Secondary Monument Sign to Identify Residential Neighborhoods - Applicant : Lennar Homes of California. (Continued from May 5, 1999) . Staff Recommendation: Adopt Resolution No. 99- approving Minor Modification No. 2 to Specific Plan No. 92-1 (Carlsberg Specific Plan) . C. Consider Report on Condition Compliance for Moorpark Collage Swap Meet, Temporary Use Permit No. 99-1 . Staff Recommendation: Direct staff as deemed appropriate . City Council Agenda May 19, 1999 Page 5 10 . PRESENTATION/ACTION/DISCUSSION: (Continued) * D. Consider Vote on Park and Recreation Maintenance and Improvement Assessment District Ballot . Staff Recommendation: Authorize the City Manager to sign the Park and Recreation Maintenance and Improvement Assessment Ballots for City owned property on behalf of the City and in support of the assessment . * E. Consider Introduction of Ordinance No. Amending Section 5 . 52 . 140 of the Municipal Code Pertaining Only to the Hardship Provision at Mobile Home Parks . Staff Recommendation: Introduce on first reading Ordinance No. amending Section 5 . 52 . 140 of the Municipal Code pertaining only to hardship provision. F. Consider Establishing Public Works Supervisor/Inspector Position. Staff Recommendation: Direct staff to: 1) Leave the currently vacant position of Maintenance Worker II unfilled; 2) Proceed with recruitment efforts necessary to fill the position of Public works Supervisor/Inspector; and 3) Direct staff to present the Budget for Public Works for FY 1999/00 with the addition of the position of Public Works Supervisor/ Inspector and with a reduction in the number of Maintenance Worker II positions from two (2) to one (1) . * G. Consider City Council Resolution No. 99- , Authorizing the City to Obtain State Summary Criminal History Information of Prospective Employees and Volunteers . Staff Recommendation: Adopt Resolution No. 99- . H. Consider Resolution No. 99- , Adopting Revised Rules of Procedure for Council Meetings and Related Functions and Activities and Rescinding Resolution No. 98-1495, and Ordinance No. Amending Section 2 . 04 . 010, Meetings-Time, of Chapter 2 . 04, Title 2 , of the Moorpark Municipal Code . Staff Recommendation: 1) Adopt Resolution No. 99- ; and 2) Waive full reading of Ordinance No. and declare the ordinance introduced for first reading. * Items deemed by the City Manager to be High Priority. City Council Agenda May 19, 1999 Page 6 10 . PRESENTATION/ACTION/DISCUSSION: (Continued) I . Consider the Issue of an Additional Police Officer at the Moorpark High School . Staff Recommendation: Direct staff as deemed appropriate . * J. Consider City Manager' s Recommended Operating and Capital Improvements Budget and City Goals and Objectives for Fiscal Year 1999/2000 . (Continued from May 12, 1999 adjourned meeting) . Staff Recommendation: Set date for next Budget Study Session. 11. CONSENT CALENDAR: A. Consider Approval of Minutes of Special Joint City Council and Parks and Recreation Meeting of March 24, 1999 . Consider Approval of Minutes of Special City Council Meeting of May 6, 1999 . Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register of May 19, 1999 . Fiscal Year 1998/99 Manual Warrants 44453 - 44458 $ 20, 549 . 61 Regular Warrants 44460 - 44485 - D $279, 649 . 13 44486 - 44554 - V $ 47, 955 . 74 Staff Recommendation: Approve the Warrant Register. C. Consider Request for Amicus Support in California Supreme Court Case of Haggis Versus City of Los Angeles - Issues Related to Property Inspections. Staff Recommendation: Direct the City Attorney to sign a letter authorizing the City of Moorpark to be added to the amicus brief . * Items deemed by the City Manager to be High Priority. City Council Agenda May 19, 1999 Page 7 11. CONSENT CALENDAR: (Continued) D. Consider Authorizing Mayor to Approve Membership for the City of Laguna Woods in the California Joint Powers Insurance Authority (JPIA) . Staff Recommendation: Authorize the Mayor, as the California JPIA Director for the City of Moorpark, to approve membership for the City of Laguna Woods . E. Consider Notice of Completion for Peach Hill Road Widening Project . Staff Recommendation: 1) Accept the work as complete; 2) Instruct the City Clerk to file the Notice of Completion for the project; and 3) Authorize the release of the retention upon satisfactory clearance of the thirty five (35) day lien period. F. Consider a Proposal to Install and Maintain Beverage Vending Machines at the Moorpark Metrolink Station. Staff Recommendation: Decline the proposal . G. Consider Section 4 of Resolution No. 98-1486 Pertaining to Vacation Leave Cash Out . Staff Recommendation: Approve the cash out of accrued vacation leave pursuant to Section 4 of Resolution No. 98-1486 . H. Consider Appointment of Rusty Reed of Charles Abbott Associates, Inc . , as City Engineer. Staff Recommendation: Receive and file the report . 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) City Council Agenda May 19, 1999 - Page 8 13 . CLOSED SESSION: (Continued) 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 and City Council of the City of Moorpark (Case No. SCO21825) E . CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956 . 9) The Environmental Coalition of Ventura County vs . City of Moorpark and City Council of the City of Moorpark (Case No. SCO22256) F. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956 . 9) Villa Del Arroyo, LTD. , a limited partnership vs . City of Moorpark G. 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 (Case No. SCO21959) H. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956 . 9) Hidden Creek Ranch, LP, a California Limited Partnership and Messenger Investment Company, Inc . , a California Corporation vs . The City of Moorpark and City Council of the City of Moorpark City Council Agenda May 19, 1999 Page 9 13 . CLOSED SESSION: (Continued) I . CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956 . 9) The Environmental Coalition of Ventura County vs . City of Moorpark, the City Council of the City of Moorpark, and Ventura Local Agency Formation Commission (Case No. SCO23378) J. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956 . 9) Alice Rowan vs . City of Moorpark (Case No. SH089680) K. CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957 . 6) Agency Designated Representative : Steven Kueny Employee Organization: Service Employees International Union, AFL-CIO, CLC, Local 998 L. 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, May 19, 1999, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on May 14, 1999, 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 May 14, 1999. Lisa Pope,Pope, Deputy City Clerk