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HomeMy WebLinkAboutAGENDA 1999 1006 CC REGOrdinance No. 266 Resolution No. 99 -1658 CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, OCTOBER 6, 1999 6:30 P.M. Moorpark Community Center 1. CALL TO ORDER: 2. INVOCATION: 799 Moorpark Avenue Pastor Dave Wilkinson, Moorpark Presbyterian Church. 3. ROLL CALL: 4. PLEDGE OF ALLEGIANCE: 5. PROCLAMATIONS AND COMMENDATIONS: A. Recognize Moorpark Girls Softball 1999 Southern California A.S.A. All Star 10 and Under State Champions. B. Recognize 1999 Miss Moorpark, Nicole Lipka, and Miss Teen Moorpark, Hilary Gushwa. 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 October 6, 1999 Page 2 5. PROCLAMATIONS AND COMMENDATIONS: (continued) C. Recognize Ride -Share Week: October 4 - October 8, 1999 (Proclamation). D. Recognize Mental Illness Awareness Week: October 3 - October 9, 1999 (Proclamation). E. Recognize Donation from Moorpark Tennis Club. 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 REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure, Section 2.9, Items to be withdrawn from the Consent Calendar shall be identified at this time.) 8.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 Zoning Ordinance Amendment ZOA 99 -05, Lighting Standards. (Continued from September 29, 1999 with Public Hearing Closed.) Staff Recommendations: 1) Make a Motion determining that the proposed Lighting Regulations qualify for a Negative Declaration under CEQA Rules, and Adopt said Negative Declaration; and 2) Introduce Ordinance No. for first reading adding Chapter 17.30, "Lighting Standards" to the Municipal Code as described in Attachment 1. B. Consider Industrial Planned Development Permit No. 99 -1 and No. 99 -2 (Rice Development) Relating to Construction of Two (2) Industrial /Warehouse Buildings located on Lots 15 and 16 of Tract No. 3492 on the Northeast Corner of Condor Drive and Los Angeles Avenue on the Application of Rice Development LLC (Assessor Parcel Nos. 513 -0- 060 -175 (Lot 15) and 513 -0- 060 -185 (Lot 16). Staff Recommendations: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Review, consider and approve the Negative Declaration; 3) Require that the applicant obtain approval of a Minor Modification for the increased City Council Agenda October 6, 1999 Page 3 9. PUBLIC HEARING: (continued) square footage not previously reviewed by the Planning Commission; and 4) Adopt Resolution No. 99- approving Residential Planned Development Permit No. 99- 1 and No. 99 -2 with Conditions of Approval. C. Consider Residential Planned Development Permit 99 -1 and Tentative Tract 5181 to Permit Development of Eight (8) Single Family Homes, and to Create Eight (8) Residential Lots on the East Side of Bard Street and West Side of Millard Street, Adjacent to Flory School. Applicant: Manual Asadurian (Assessor Parcel No. 512 -0 -131 -070). Staff Recommendation: 1) Open the public hearing, accept testimony and close the public hearing; 2) Review, consider and approve the Negative Declaration; and 3), Adopt Resolution No. 99- approving Residential Planned Development Permit No. 99 -1 and Tentative Tract Map No. 5181. D. Consider Resolution No. 99- to Establish a Schedule of Land Use Development Processing Fees for Projects within the Downtown Specific Plan Area, and Rescinding Resolution No. 98 -1551. Staff Recommendation: Adopt Resolution No. 99- adopting Revisions to the Schedule of Land Use Development Preliminary Processing Fee Deposits. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Habitat for Humanitv presentation. B. Consider Report on Options for Processing a Comprehensive General Plan and Zoning Code Work Program. (Continued from August 18, 1999). Staff Recommendation: Direct staff as deemed appropriate. C. Consider Establishment of a Business Emergency Loan Program and Resolution No. 99- Appropriating $100,000 from the Los Angeles Area of Contribution for Businesses within the Gateway Plaza and Moorpark Plaza Shopping Centers. Staff Recommendation: 1) Approve the creation of the Business Emergency Loan Program; 2) Activate the Business Emergency Loan Program for businesses in the Gateway Plaza and Moorpark Plaza City Council Agenda October 6, 1999 Page 4 10. PRESENTATION /ACTION /DISCUSSION: (continued) Shopping Centers; and 3) Adopt Resolution No. 99- Amending Fiscal Year 1999/2000 Operating Budget by appropriating $100,000 from the Los Angeles Area of Contribution for the Business Emergency Loan Program. (ROLL CALL VOTE REQUIRED.) D. Consider the Requirement for Reciprocal Access through Mission Bell Plaza to Liberty Bell by Westgate Plaza (Parcel Map 5056 and CPD 96 -2). Staff Recommendation: Direct staff as deemed appropriate. E. Consider Bids for the Construction of Miscellaneous Curb, Gutter and Sidewalk Construction. Staff Recommendation: 1) Adopt Resolution No. 99- approving an amendment to the FY 1999/2000 Budget for the subject project revising the current year appropriation and budget for the subject project (Fund 2605 - Gas Tax: $39,700 increase; Fund 1000 - General Fund: $10,800 increase); 2) Award a contract to Channel Islands Paving in the amount of $61,830.75 for the construction of the subject project; 3) Approve a construction contingency in the amount of $6,183.00 and authorize the City Manager to approve additional work, if required, for a cost not to exceed said contingency; and 4) Authorize the City Manager to sign necessary contract documents. (ROLL CALL VOTE REQUIRED.) F. Consider Revisions to City Council Policies Resolution and City Council Rules of Procedure for Council Meetings Resolution. Staff Recommendation: Direct staff to bring back draft resolutions, incorporating City Council recommended revisions, for consideration at the October 20, 1999, regular meeting. G. Consider Response from California Transportation Commission Concerning Prohibiting Trucks on State Route 118 from State Route 23 West to State Route 126. Staff Recommendation: Direct staff as deemed appropriate. H. Consider a Reduction in Fee for Rental of the Arroyo Vista Community Park Tennis Courts for a Fundraiser Hosted by the Moorpark Tennis Club. Staff Recommendation: Direct staff as deemed appropriate. City Council Agenda October 6, 1999 Page 5 11. CONSENT CALENDAR: A. Consider Approval of Minutes of Special City Council Meetina of Julv 21, 1999. Consider Approval of Minutes of Regular City Council Meeting of July 21, 1999. Consider Approval of Minutes of Special City Council Meeting of August 18, 1999. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register - October 6, IAAA_ Fiscal Year 1999/00 Manual Warrants 100408 - 100410 & $ 29,458.33 100527 - 100535 43,622.32 Voided Warrant 100616 & 100620 $ 0.00 Regular Warrants 100536 - 100647 V $421,047.91 Staff Recommendation: Approve the Warrant Register. C. Consider Resolution No. 99- for Residential Planned Development Permit No. 98 -01 and Tentative Tract Map No. 5133 (Far West Homes, LLC.) Relating to Proposal for 80 Condominium Dwelling Units and Three Lot Subdivision and the Creation of 80 Air Space Condominiums on Approximately 9.21 Gross Acres located South of Los Angeles Avenue, West of Freemont Street and North of the Arroyo Simi (Assessor Parcel Nos.: 506 -0- 020 -48 and 51) . Continued from September 15, 1999 meeting.) Staff Recommendations: 1) Review, consider, and approve the Mitigated Negative Declaration and Mitigation Monitoring Program; and 2) Adopt Resolution No. 99- approving Residential Planned Development Permit No. 98 -01 and Tentative Tract Map 5133. D. Consider Resolution No. 99- Amending the FY 1999/2000 Operating Budget by Appropriating $11,600 from Various Funds to Purchase Laptop Computers and City Council Agenda October 6, 1999 Page 6 11. CONSENT CALENDAR: (continued) Declaration of Surplus Property. Staff Recommendation: 1) Adopt Resolution No. 99- Amending the FY 99/00 Operating Budget by appropriating $11,600 from various funds for the purchase of laptop computers and declaring three existing laptop computers as surplus property. (ROLL CALL VOTE REQUIRED.) E. Consider Resolution No. 99- Amending the FY 1999/00 Operating Budget by Appropriating $18,030 from the General Fund Reserve to Fund the High School Deputy Sheriff. Staff Recommendation: Adopt Resolution No. 99- amending the FY 1999/00 Budget related to the school Deputy Sheriff. (ROLL CALL VOTE REQUIRED.) F. Consider the Addition of a Code Enforcement Officer I or Code Enforcement Officer II Position and Reclassifying the Management Analyst Position in the Administrative Services Department to a Senior Management Analyst position. Staff Recommendation: 1) Authorize the additional of a Code Enforcement Officer I or Code Enforcement Officer II position, at the City Manager's discretion, and elimination of the Code Enforcement Intern position in FY 99/00; and 2) Authorize the reclassification of the Management Analyst position in Administrative Services to a Senior Management Analyst position. (ROLL CALL VOTE REQUIRED.) G. Consider Resolution No. 99- Amending the Salary Plan for Competitive Service, Non - Competitive Service, and Hourly Employees and Rescinding Resolution No. 99- 1634. Staff Recommendation: Adopt Resolution No. 99- H. Consider Request to Export 13,000 Cubic Yards of Soil from Tentative Tract 4977 and Import and Stockpile to Tentative Tract 4976, in Conjunction with Early Grading for Model Homes (Lennar Homes). Staff Recommendations: 1) Approve the transportation of 13,000 cubic yards of soil from Tract 4977 to Tract 4976 as shown in the model home complex plan and the export /import plan, subject to and as revised pursuant to the conditions contained herein; and 2) Approve an early grading agreement for the model home complex in Tract 4976. City Council Agenda October 6, 1999 Page 7 11. CONSENT CALENDAR: (continued) I. Consider Resolution No. 99- Designating Laurelview Drive to be a Through Street in the Vicinity of Flowercreek Drive, and Directing the Placement of a Stop Sign at the Flowercreek Drive Entrance Thereto. Staff Recommendation: 1) Adopt Resolution No. 99- making certain findings and directing the placement of a STOP sign for westbound traffic on Flowercreek Drive at the intersection of Flowercreek Drive and Laurelview Drive. 12. ORDINANCES: A. An Ordinance of the City Council of the City of Moorpark, California, Adopting a Zoning Designation of Specific Plan (SP) for all Properties within the Moorpark Highlands Specific Plan and Amending the Zoning Map of the City of Moorpark to Reflect the Land Use Designation of Specific Plan (SP) for Said Properties Comprising the Moorpark Highlands Specific Plan, (Specific Plan 2 /Specific Plan 95 -2); Amending Title 17, Zoning, of the Municipal Code of the City of Moorpark Adopting Development Standards for Said Properties and Placing Such Regulations as Chapter 17.74 Within Said Code. Staff Recommendation: Declare Ordinance No. 262 read for the second time and adopted as read. B. An Ordinance of the City Council of the City of Moorpark, California, Adopting Development Agreement No. 98 -01 between the City of Moorpark and Morrison - Fountainwood- Agoura Pertaining to the Development of the Specific Plan No. 2 Project. Staff Recommendation: Declare Ordinance No. 263 read for the second time and adopted as read. C. An Ordinance of the City Council of the City of Moorpark, California Amending Title 17, Zoning, of the Municipal Code by Amending Table 17.20.050 to Add Intermediate Care Facilities for Seven or More Persons as a Conditional Use Within the RO- (Single- Family Estate) Zone. Staff Recommendation: Declare Ordinance No. 264 read for the second time and adopted as read. D. An Ordinance of the City Council of the City of Moorpark, California, Adopting Amendments to Title 17, Zoning, of the Municipal Code of the City of Moorpark, by Amendina Chapter 17.44 "Entitlement- Process and City Council Agenda October 6, 1999 Page 8 12. ORDINANCES: (continued) Procedure" to Incorporate Language Related to Downtown Specific Plan Discretionary Permits, Defining Notice Requirements for Such Permits, and Clarifying Appeal Requirements; and, Amending Table 17.20.060 to Permit Limited Retail Commercial Uses within the C -O (Commercial Office) Zone Only Within the Downtown Specific Plan; and, Amending Section 17.16.080.B. Revising the Purposes of the Downtown Specific Plan Overlay Zone. Staff Recommendation: Declare Ordinance No. 265 read for the second time and adopted as read. 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) 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) City Council Agenda October 6, 1999 Page 9 13. CLOSED SESSION: (continued) 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 (Case No. SCO23388) 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) K. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: 798 Moorpark Avenue, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Laszlo B. Kovacs Under Negotiation: Price and terms of payment Property: 284 Charles Street, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Conrado R. Lopez, et al. Under Negotiation: Price and terms of payment City Council Agenda October 6, 1999 Page 10 13. CLOSED SESSION: (continued) Property: 285 High Street, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Randall - Tracy Marsh Under Negotiation: Price and terms of payment Property: 297 High Street, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Randall - Tracy E. Marsh Under Negotiation: Price and terms of payment Property: 661 Magnolia Street, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Estella Betancourt Under Negotiation: Price and terms of payment 0 it, 00f 0M ---------------------------------------------------------------------------- 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).