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HomeMy WebLinkAboutAGENDA 1999 0818 CC REG sag '1•001114° , �hei% Ordinance No.262 � r��� Resolution No. 99-1640 OQ11. Jy n ep CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, AUGUST 18, 1999 6:30 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: 5 . PROCLAMATIONS AND COMMENDATIONS: A. Recognize Steven Kueny for 15 years of service as a City Employee. B. Introduce new employee La-Dell VanDeren, Deputy City Clerk. 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. A limitation of three to five minutes shall be imposed upon each Public Hearing 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 August 18, 1999 Page 2 5. PROCLAMATIONS AND COMMENDATIONS: (Continued) C. City Manager' s Monthly Report 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 REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure, Section 2. 9, Items to be withdrawn from the Consent Calendar shall be identified at this time.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 : 9. PUBLIC HEARINGS: A. Consider the Moorpark Highlands Specific Plan Project (Specific Plan 95-2/Specific Plan No . 2, General Plan Amendment No. 95-2, and Zone Change 95-4) ; Mitigation Monitoring Program; Statement of Overriding Considerations . Applicant: Morrison-Fountainwood- Agoura. (Continued from July 7, 1999, With Public Hearing Open. ) Staff Recommendation: Continue the public hearing to consider the Specific Plan No . 2 project until September 1, 1999 . B. Consider Appeal 99-1 of Planning Commission Decision to Approve a Request to Construct (15) 6' High Cellular Antennas and a 320 sq. ft. Equipment Shelter on Property Located at 13931 East Los Angeles Avenue. (Assessor Parcel No. 412-0-160-300) Conditional Use Permit 98-5 . Applicant: Airtouch Cellular. (Continued from 7/21/99 with Public Hearing Open) . Staff Recommendation: Direct staff as deemed appropriate . C. Consider Community Development Block Grant (CDBG) FY 1999/2000 - Boys and Girls Club. Staff Recommendation: 1) Conduct public hearing and take public comments; and 2) Authorize the expenditure of CDBG funds from FY 1999/2000 for actual expenditures to re-stucco the Boys and Girls Club in an amount not to exceed fifty- five thousand dollars ($55, 000) . (ROLL CALL VOTE REQUIRED. ) City Council Agenda August 18, 1999 Page 3 9. PUBLIC HEARINGS: (Continued) D. Consider Commercial Planned Development Permit No . 98- 1 to Authorize Construction of a Private School for Pre-School through Elementary School Located on the South Side of Peach Hill Road Between Spring Road and Science Drive (Assessor Parcel No . : 512-0-270-045) Applicant: Three D Enterprises . Staff Recommendations : 1) Open the public hearing, accept public testimony and close the public hearing; 2) Determine that the subsequent Environmental Impact Report prepared for the Amended Carslberg Specific Plan which addressed impacts for institutional uses on this property adequately addresses the proposed impacts of the proposed use (Provided for by Section 15181 of the California Environmental Quality Act) ; and 3) Adopt Resolution No . 99- approving Commercial Planned Development No. 98-1 . E. Consider Resolution No . 99- Approving the Franchise Transfer of the Cable Communications Franchise held by Century Communications Corp. to Century-TCI California L.P. 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 franchise transfer of the cable communications franchise held by Century Communications Corp to Century-TCI California L.P. F. Consider Resolution No . 99- Approving the Change of Control of the Cable Communications Franchise held by Century Communications Corp. as part of Century-TCI California L.P. within the Franchise Area formerly held by Mountain- Meadows Cable Television/ Entertainment Express Ltd. 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 franchise change of control to Adelphia Communications Corporation of the cable communications franchise held by Century Communications Corp. as part of Century-TCI California L.P. within the franchise area formerly held by Mountain Meadows Cable Television/Entertainment Express Ltd. City Council Agenda August 18, 1999 Page 4 9 . PUBLIC HEARINGS: (Continued) G. Consider Resolution No . 99- Approving the Change of Control of the Cable Communications Franchise held by Century Communications Corp. as part of Century-TCI California L.P. within the Franchise Area formerly held by TCI Cablevision of California, Inc. 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 franchise change of control to Adelphia Communications Corporation of the cable communications franchise held by Century Communications Corp. as part of Century-TCI California L. P. within the franchise area formerly held by TCI Cablevision of California Inc. 10 . PRESENTATION/ACTION/DISCUSSION: A. Consider Request from Moorpark Packer Football Regarding Practice Field Lights . (Continued from July 7 , 1999. ) Staff Recommendation: Direct staff as deemed appropriate. B. Consider Appointment to the Area Housing Authority of the County of Ventura. Staff Recommendation: Appoint one Commissioner to the Area Housing Authority for a four-year term to expire August 2003 . C. Consider Request from Carlsberg for Early Construction of the Park in the Carlsberg Specific Plan. Staff Recommendation: 1) Approve Carlsberg' s request to amend the Settlement Agreement allowing them to proceed with the construction of the park in the Carlsberg Specific Plan; and 2) Confirm that the developer shall assume the cost of fully maintaining the improved park, under City Administration, through the occupancy of the 227th dwelling unit, at which time the City will be asked to formally accept the park; and 3) Confirm that. developer, as specified in the Settlement Agreement, will continue to assume maintenance cost for the park, under City Administration, for one full year after the City' s acceptance. City Council Agenda August 18, 1999 Page 5 10 . PRESENTATION/ACTION/DISCUSSION: (Continued) D. Consider Conceptual Master Plan for Arroyo Vista Community Park (AVCP) Phase II . Staff Recommendation: The Parks and Recreation Commission and staff recommend that the City Council approve the conceptual Master Plan for AVCP Phase II as presented in this Agenda Report. * E. Consider Approval in Concept of a Proposed Site for New Fire Station in the Campus Park Area. Staff Recommendation: Approve in concept the location of a proposed fire station at Campus View Avenue, including use of a portion of Paul E. Griffin Park. * F. Consider Resolution No . 99- Rescinding Resolution No . 97-1287 and Approving Prima Facie Speed Limits for Certain Street Segments and Approving the Posting of Speed Limit Signs on Said Streets . Staff Recommendations : 1) Approve the Traffic Speed Zone Survey and Engineering Study dated July 1999; and 2) Adopt Resolution No. 99- Rescinding Resolution No . 97-1287 and Approving Prima Facie Speed Limits for Certain Street Segments and approving the Posting of Speed Limit Signs on Said Streets . G. Consider Installation of Class 2 Bike Lanes on High Street . Staff Recommendation: Direct staff to proceed with the installation of Class 2 Bike Lanes on High Street . H. Consider Reconsideration of the Vote to Adopt Resolution No. 99-1637 and Adopt Revised Resolution Directing the Planning Commission to Set a Public Hearing and Provide a Recommendation on General Plan and Zoning Amendments Necessary to Implement Provisions of Voter Approved Measure "S" upon all Lands Within the Boundaries of Specific Plan No . 8, Hidden Creek Ranch. Staff Recommendation: 1) Consider reconsideration of the vote to adopt City Council Resolution No. 99-1637; and 2) Leave Resolution No . 99-1637 in place. * Items deemed by the City Manager to be High Priority. City Council Agenda August 18, 1999 Page 6 10 . PRESENTATION/ACTION/DISCUSSION: (Continued) I . Consider Action to Rescind Ordinance No . 244 Adopting Specific Plan No . 8 Zoning Designation for Properties Within the Hidden Creek Ranch Specific Plan, (Specific Plan 93-1) including Development Standards for Said Properties . Staff Recommendation: Direct staff as deemed appropriate. J. Consider Minor Modification No . 1 to Planned Development Permit No . 1061 Request for Conversion of 3, 000 Square Feet of Warehouse to Retail Space at an Existing Building Located at 31 Poindexter Avenue. (Applicant: Kahoots Feed and Supply) . Staff Recommendation: Adopt Resolution No . 99- conditionally approving Minor Modification No . 1 to Planned Development Permit No . 1061 for conversion of 3, 000 sq. ft . of floor area from warehouse to retail use . K. Consider Proposed Development Agreement for Specific Plan No . 2 (Moorpark-Highlands/Morrison - Fountainwood - Agoura) . Staff Recommendation: Direct Planning Commission to Consider Proposed Development Agreement and set City Council Public Hearing for September 15, 1999 . L. Consider Report on Options for Processing a Comprehensive General Plan and Zoning Code Work Program. Staff Recommendation: Direct staff as deemed appropriate. 11 . CONSENT CALENDAR: A. Consider Approval of Minutes of Regular City Council Meeting of March 17, 1999. Consider Approval of Minutes of Special City Council Meeting of May 5, 1999 Consider Approval of Minutes of Regular City Council Meeting of May 19, 1999. Staff Recommendation: Approve the minutes as processed. Items deemed by the City Manager to be High Priority. City Council Agenda August 18, 1999 Page 7 11 . CONSENT CALENDAR: (Continued) B. Consider Approval of Warrant Register-August 4, 1999 . Fiscal Year 1998/99 Manual Warrants 44076 - 45148 $ (490 . 00) Regular Warrants 45188 - 45196 - D $ 39, 125 . 15 45197 - 45232 - V $114, 149 . 15 Staff Recommendation: Approve the Warrant Register . C. Consider Approval of Warrant Register-August 4, 1999 . Fiscal Year 1999/00 Manual Warrants 100007 & $10, 089 . 89 100033 - 100038 Voided Warrants 100053 - 100124 & $0 . 00 (Printing Problem) 100188 Regular Warrants 100039 - 100052 & - V $924, 788 . 97 100125 - 100197 Staff Recommendation: Approve the Warrant Register . D. Consider Approval of Warrant Register-August 18, 1999 . Fiscal Year 1998/99 Voided Warrant 45059 $ (240 . 00) Regular Warrant 45233 - 45254 $419, 887 . 83 Staff Recommendation: Approve the Warrant Register . E . Consider Approval of Warrant Register-August 18, 1999 . Fiscal Year 1999/00 Manual Warrants 100198 - 100202 $17, 550 . 23 Voided Warrant 100008 $ (160 . 00) Regular Warrants 100208 - 100294 - V $260, 805 . 88 Staff Recommendation: Approve the Warrant Register. City Council Agenda August 18, 1999 Page 8 11 . CONSENT CALENDAR: (Continued) F. Consider Approval of Final Map Tract 4980 (Lennar Homes/Western Pacific Housing) . Staff Recommendation: 1) Approve the Final Map for Tract 4980 along with the Agreement for Construction of Subdivision Improvements and Reimbursement between the City and Western Pacific Housing and approve the Amended Early Grading Agreement between the City and Lennar Homes of California, Inc. , subject to the review and approval of said agreements as to format and content by the City Manager and City Attorney and the CC&R' s to be approved by the Director of Community Development and City Attorney; and 2) Authorize the Mayor and City Clerk to sign the Final Map Title Sheet, Agreement for Construction of Subdivision Improvements and Reimbursement, Amended Early Grading Agreement for Tract 4980 and, the Release of Covenant Agreement, subject to the requirements of No. 1 above; and 3) Direct the City Clerk to record the Final Map for Tract 4980, the Agreement for Construction of Subdivision Improvements and Reimbursements, Amended Early Grading Agreement and the Release of Covenant and Agreement, subject to the requirements of No . 1 above. G. Consider Request by Roam'n Relics Car Show to Hold Event on October 24, 1999 and to Reduce City Fees . Staff Recommendation: 1) Charge Roam'n Relics Car Club for police direct costs as charged to the City by the County of Ventura, charge the direct costs for staff time to plan the event, and not charge for the use of the Redevelopment Agency' s property; and 2) Require payment of encroachment permit fees ($40 . 00) and Temporary Use Permit ($88 . 00) fees; and 3) Require the Roam'n Relics Car Club to provide the City and Agency an indemnification/hold harmless agreement and name the City and Agency as additional insureds on its insurance policy. H. Consider a Reorganization of the Finance Division. Staff Recommendation: 1) approve the addition of an Account Technician II position in the Finance Division; and 2) authorize the City Manager to fill any vacancy in the Finance Division with either an Account Clerk I or an Account Clerk II position. City Council Agenda August 18, 1999 Page 9 11 . CONSENT CALENDAR: (Continued) I . Consider Resolution No . 99- Rescinding Resolution No. 93-989 Designating Certain Streets as Class II Bike Lanes and Adopting a Revised List of Streets to be so Designated. Staff Recommendation: Adopt Resolution No . 99- rescinding Resolution No . 93-989 designating certain streets as Class II Bike Lanes and adopting a revised list of streets to be so designated. J. Consider Resolution Rescinding Resolution Nos . 85-175 and 93-942 Pertaining to Parking Restrictions on Casey Road and Establishing Revised Parking Restrictions on Said Street. Staff Recommendation: Adopt Resolution No . 99- rescinding Resolution Nos . 85-176 and 93-942 pertaining to parking restrictions on Casey Road and establishing revised parking restrictions on said street . K. Consider Approval of the Plans and Specifications for the 1999 Miscellaneous Curb, Gutter & Sidewalk Repair Project and Authorization to Advertise for Receipt of Bids for the Said Work. Staff Recommendation: 1) Direct staff to revise the plans to include the areas described in Section C of the staff report; 2) Approve the plans and specifications for the subject project, with the above-referenced change; and 3) Authorize staff to advertise for receipt of bids upon receipt of the authorization to proceed from Caltrans . L. Consider Resolution No. 99- Amending the FY 1999/2000 Budget to Add a Project for the Construction of Pavement Rehabilitation and Related Work on Los Angeles Avenue Between Spring Road and the Route 118 Freeway. Staff Recommendation: 1) Adopt Resolution No . 99- amending the FY 1999/00 Budget to fund the subject project; and 2) Direct staff to proceed with the design for both Phase 1 and Phase 2 improvements, as described in the staff report. (ROLL CALL VOTE REQUIRED. ) M. Consider Approval of the Plans and Specifications for the Poindexter Avenue Widening Project and Authorization to Advertise for Receipt of Bids for the Said Work. Staff Recommendation: 1) Approve the plans and specifications and authorize staff to advertise for receipt of bids upon receipt of the authorization to proceed from Caltrans; and 2) Direct staff to make City Council Agenda August 18, 1999 Page 10 11 . CONSENT CALENDAR: (Continued) provisions for the future westerly extension of the parkway landscaping on Poindexter Avenue at Sierra Avenue. N. Consider an Extension of the Franchise Renewal Application Filing Period. Staff Recommendation: Approve an extension of the filing deadline for cable television franchise renewal applications to September 1, 1999 . O. Consider Authorizing City Manager to Approve a Two- Year Contract with Videomax Productions, Inc. , for Provision of Cable Government Channel Production, Operations, Maintenance, and Related Services . Staff Recommendation: Direct City Manager to approve a new two-year agreement with Videomax Productions, Inc. , not to exceed the increase discussed in the staff report. P. Consider Request From Kiwanis of Moorpark to Waive Park Rental Fees for Softball Tournament . Staff Recommendation: Approve the request from the Kiwanis of Moorpark to waive park rental fees associated with their Girls Softball Tournament, provided that they pay any direct costs incurred by the City, and grant permission to operate temporary concession stands . Q. Consider Budget Amendment for Campus Canyon Park. Staff Recommendation: Staff and the Parks and Recreation Commission recommend that the City Council 1) Approve the replacement of the wrought iron fence using the upgraded specification; 2) Adopt Resolution No . 99- , amending the FY 1999/00 Budget by appropriating $20, 000 from the Park Improvement Fund Balance for Zone 3 (2103) ; and 3) Authorize the City Manager to sign an agreement with Pederson Fence Company to perform the work. (ROLL CALL VOTE REQUIRED) . R. Consider Budget Amendment for Villa Campesina Park. Staff Recommendation: Staff and the Parks and Recreation Commission recommend that the City Council approve the purchase of two concrete picnic tables for City Council Agenda August 18, 1999 Page 11 11 . CONSENT CALENDAR: (Continued) Villa Campesina Park, and adopt Resolution No . 99- which amends the FY 1999/00 Budget by appropriating $2, 000 from Assessment District 84-2 (Zone 12) . (ROLL CALL VOTE REQUIRED) . S . Consider Adoption of Resolution No. 99- Amending the City' s Classification Plan by Revising Various Job Descriptions and Rescinding Resolution No . 99-1619 . Staff Recommendation: Adopt Resolution No . 99- establishing a Revised Classification Plan and Job Descriptions for Non-Competitive and Competitive Service Employees and Rescinding Resolution No . 99- 1619 (the final resolution will include the entire Classification Plan) . 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. 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) 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 . SCO22256) City Council Agenda August 18, 1999 Page 12 13. CLOSED SESSION: (Continued) E . CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956. 9) Villa Del Arroyo, LTD. vs . City of Moorpark (Case No . SCO23052) F. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956. 9) Villa Del Arroyo, LTD. , a limited partnership vs . City of Moorpark (Case No. SCO21503) G. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956 . 9) Villa Del Arroyo, a limited partnership, dba Villa Del Arroyo Mobilehome Park vs . City of Moorpark, California Department of Transportation, and Ventura County Flood Control District (Case No . SC 022015) H. 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) I . 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 J. 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) City Council Agenda August 18, 1999 Page 13 13. CLOSED SESSION: (Continued) K. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957 . 6) Agency Designated Representative: Steven Kueny Unrepresented employees: Assistant City Manager, Administrative Services Manager, City Clerk, Director of Community Development, Director of Community Services, Director of Public Works, Finance/Accounting Manager, Planning Manager, Principal Planner, Recreation Superintendent, and Senior Management Analyst 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, La-Dell VanDeren, 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, August 18, 1999, at 6:30 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on August 13, 1999, at a conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California. I declare under penalty of perjury that the foregoing is true and correct. Executed on August 13, 1999. La-Dell VanDeren, Deputy City Clerk