HomeMy WebLinkAboutAGENDA 2003 0319 CC REGResolution No. 2003 -2059
Ordinance No. 294
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, MARCH 19, 2003
6:30 P.M.
Moorpark Communitv Center
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. PROCLAMATIONS AND COMMENDATIONS:
A. City Manager's Monthly Report.
5. PUBLIC COMMENT:
799 Moorpark Avenue
(AT THIS POINT IN THE MEETING, THE COUNCIL WILL CONVENE THE
REGULAR REDEVELOPMENT AGENCY MEETING, UNLESS CANCELED.)
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
(Pursuant to Council Rules of Procedure Section 2.8, Items
to be withdrawn from the Consent Calendar shall be
identified at this time.)
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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
517 -6223.
Regular City Council Meeting Agenda
March 19, 2003
Page 2
7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
8. PUBLIC HEARINGS:
Consider Industrial Planned Development Permit No.
2000 -10, a Request to Construct an Approximately
113,994 Square Foot Mini - Warehouse /Office Building on
a 112,184 Square Foot Parcel Located at 875 Los
Angeles Avenue, at the Northwest Corner of Los Angeles
Avenue and Goldman Avenue, on the Application of
Asadurian Investments. (Continued from February 19,
2003, with public hearing open.) Staff
Recommendation: Continue this matter, public hearing
open, to April 2, 2002. (Staff: Barry Hogan)
B. Consider Industrial Planned Development (IPD) No.
2000 -01 for a Ten (10) Building, 464,963 Square Foot
Corporate Industrial Center, and Tentative Tract Map
(TTM) No. 5226 for Subdivision of 33.04 Acres into
Nine (9) Lots, Located West of the 23 Freeway and East
of Miller Parkway, Approximately 230 Feet South of New
Los Angeles Avenue on the Application of Cypress Land
Company. Staff Recommendation: 1) Open the public
hearing, accept public testimony, and close the public
hearing; 2) Determine that this proposed industrial
project is consistent with the Amended Carlsberg
Specific Plan for which an EIR was certified, as the
proposed business park has been determined to be an
allowable use within a BP zone, and is consistent with
the analysis of the land use and impacts in the
Specific Plan EIR; and 3) Adopt Resolution No. 2003 -
approving Industrial Planned Development Permit
No. 2000 -01 and Tentative Tract Map No. 5226. (Staff:
Barry Hogan)
C. Consider General Plan Amendment Pre - Screening
Application No. 2001 -03 to Convert 4.8 Acres from
Rural High Residential Uses to Medium Industrial Uses
at 13991 Los Angeles Avenue on Behalf of Mohammad
Sheshebor and Eddie Gharabaghi. Staff Recommendation:
1) Approve the General Plan Amendment Pre - Screening
application subject to the preparation of a draft
Specific Plan for the study area; and 2) Direct staff
to work with the applicant and other property owners
in the study area seeking entitlements to fund the
cost of the preparation of a draft Specific Plan.
(Staff: Barry Hogan)
Regular City Council Meeting Agenda
March 19, 2003
Page 3
8. PUBLIC HEARINGS: (Continued)
D. Consider General Plan Amendment Pre - Screening
Application No. 2001 -02 to Convert 4.0 Acres from
General Commercial Uses to Very High Density
Residential Uses at 601 -699 West Los Angeles Avenue on
the Application of Grand Moorpark, LLC. Staff
Recommendation: Direct staff to obtain funds from
Grand Moorpark, LLC and Shea Homes for the preparation
of a commercial demand study, and upon completion of
the study, refer the case back to the Affordable
Housing /Community Development Committee for
recommendation to the City Council. (Staff: Barry
Hogan)
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider Award of Contract to Ecology Construction
Inc. and Adoption of a Budget Amendment for Arroyo
Vista Community Park Phase II Construction. Staff
Recommendation: Award a contract to Ecology
Construction Inc. for $1,779,317.68 for construction
of AVCP Phase II; authorize a loan of $590,000 from
the General Fund Reserve Balance, to be repaid with
interest at the LAIF rate; and adopt Resolution No.
2003 - appropriating $180,000 from the Park
Improvement Fund Balance - Community Zone and $590,000
from the General Fund Reserve Balance to the AVCP
Phase II project budget (7022). (ROLL CALL VOTE
REQUIRED) (Staff: Mary Lindley)
B. Consider Boys & Girls Club Loan. Staff
Recommendation: Forgive the loan balance of $47,000
to the Boys & Girls Club effective June 30, 2003, but
retain the right to modify this decision during budget
deliberations. (Staff: Cynthia Borchard)
C. Consider App
Agreement Re
RPD 1994 -01
roval of Second
jarding the Moorp
- Toll Brothers.
Amendment to Settlement
irk Country Club Estates
Staff Recommendation:
Approve the Second Amendment to the Settlement
Agreement and authorize the Mayor to sign the
Agreement subject to the final language approval of
the City Attorney and City Manager. (Staff: Steven
Kueny)
Regular City Council Meeting Agenda
March 19, 2003
Page 4
9. PRESENTATION /ACTION /DISCUSSION: (Continued)
D. Consider Remaining Outstanding Issues - Toll Brothers
(Moorpark Country Club Estates). Staff
Recommendation: Direct the applicant to file the
Modifications to Tract 4928, RPD 1994 -01, and CUP
1994 -01 and authorize the Community Development
Director to bring them back to the Council as a
consent item, in order to bring Conditions of Approval
into consistency with the Second Amendment to the
Settlement Agreement. (Staff: Barry Hogan)
E. Consider Potential Alianments for State Route 23 North
of New Los Angeles Avenue. Staff Recommendation:
Direct staff to proceed with development of Spring
Road as a future alignment for State Route 23.
(Staff: David Bobardt)
F. Consider Resolution Establishing a "Permit Only"
Parking Zone on Flory Avenue. Staff Recommendation:
Adopt Resolution No. 2003- establishing a "Permit
Only" parking zone on Flory Avenue. (Staff: Kenneth
Gilbert)
G. Consider Resolution and Letter in SuoTDort of Santa
Monica Mountains Conservancy (SMMC) Advisory Committee
Exemption from State Directive to Limit Meetings to
Once Annually. Staff Recommendation: Adopt
Resolution No. 2003- and authorize the Mayor to
sign a letter in support of an exemption for the SMMC
Advisory Committee from an order of the Governor to
require State advisory bodies to limit meetings to
once annually. (Staff: Deborah Traffenstedt)
H. Consider Scheduling of the Summer Meeting Recess.
Staff Recommendation: Direct staff to post a notice
of meeting cancellation for either the July 16 or
August 6, 2003, regular meeting. (Staff: Deborah
Traffenstedt)
Regular City Council Meeting Agenda
March 19, 2003
Page 5
10. CONSENT CALENDAR:
A. Consider Approval of Minutes of Regular Meeting of
February 5, 2003.
Consider Approval of Minutes of Special Meeting of
March 5, 2003.
Staff Recommendation: Approve the minutes.
B. Consider Approval of Warrant Register for Fiscal Year
2002 -2003 - March 19, 2003.
Manual Warrants
Voided Warrant
Payroll Liability
Warrants
112133 - 112137 &
112220 - 112221
112074 & 112232
112222 - 112229
$ 7, 646.88
$ 193.00
$ (857.73)
$ 12,498.86
Regular Warrants 112138 - 112219 $ 47,668.87
112230 - 112251 $ 322,675.90
Staff Recommendation: Approve the warrant register.
C. Consider Resolution Funding 1) Speed Feedback Sign
Costs; and 2) Construction of Improvements to the
Medians on Campus Park Drive East of Collins Drive.
Staff Recommendation: Adopt Resolution No. 2003 -
ROLL CALL VOTE REQUIRED. (Staff: Kenneth
Gilbert)
D. Consider Resolution Rescinding Resolution No. 2002-
1998 and Directing the Placement of a STOP Sign at
Only the Deering Lane Entrance to the Intersection of
Cedarpine Lane and Deering Lane. Staff
Recommendation: Adopt Resolution No. 2003 -
(Staff: Kenneth Gilbert)
E. Consider Resolution Amending Fiscal Year 2002/2003
Budget to Fund Certain Assessment Engineering Costs
(Fund 1000 - General Fund). Staff Recommendation:
Adopt Resolution No. 2003- amending the FY 2002/03
Budget to fund the Assessment Engineering costs
defined and described in the agenda report. ROLL CALL
VOTE REQUIRED. (Staff: Kenneth Gilbert)
Regular City Council Meeting Agenda
March 19, 2003
Page 6
10. CONSENT CALENDAR: (Continued)
F. Consider Amendment of City /County Agreement for the
Installation of the Traffic Signal at Tierra Road and
Sunset Valley Road (formerly Moorpark Road); Approval
of City /County Agreement for the Maintenance of
Traffic Signals at Certain Intersections; and Adoption
of a Resolution Amending the Fiscal Year 2002/2003
Budget for the Moorpark Park Road Realignment Project
(Project 8043) (Fund 2002 - Traffic Mitigation Fund) .
Staff Recommendation: 1) Approve an Amendment to
City /County Agreement pertaining to the construction
of a temporary traffic signal at Tierra Rejada Road
and Sunset Valley Road (formerly Moorpark Road),
subject to final language approval by the City Manager
and the City Attorney; 2) Approve a City /County
Agreement pertaining to the sharing of costs for
certain "shared" intersection, subject to final
language approval by the City Manager and the City
Attorney; and 3) Adopt Resolution No. 2003 -
amending the FY 2002/03 Budget for Project 8043 -
Moorpark Road Realignment Project. ROLL CALL VOTE
REQUIRED. (Staff: Kenneth Gilbert)
G. Consider Report of Annual Development Agreement
Review, Established in Connection with Moorpark
Highlands Specific Plan No. 2, a Master Planned
Community, Located East of Walnut Canyon Road and
North of Charles Street, on the Application of
Morrison - Fountainwood- Agoura. Staff Recommendation:
1) Accept the Community Development Director's Report
and recommendation that, on the basis of substantial
evidence, Morri son- Fount ainwood- Agoura has complied in
good faith with the terms and conditions of the
agreement; and 2) Deem the annual review process
complete. (Staff: Barry Hogan)
H. Consider Approval of a Resolution Authorizing the
Destruction of Certain Records. Staff Recommendation:
Adopt Resolution No. 2003- (Staff: Deborah
Traffenstedt)
I. Consider Rejection of Claim: Nancy T. Dion. Staff
Recommendation: Reject the claim and direct staff to
send a standard rejection letter to the claimant.
(Staff: Deborah Traffenstedt)
Regular City Council Meeting Agenda
March 19, 2003
Page 7
10. CONSENT CALENDAR: (Continued)
J. Consider Rescission of Resolution No. 98 -1508
Regarding the Golf Course Commencement Date for
Moorpark Country Club Estates - Toll Brothers. Staff
Recommendation: Adopt the Resolution No. 2003 -
rescinding Resolution No. 98 -1508. (Staff: Barry
Hogan)
K. Consider Resolution Urging the State Legislature to
Reject the Governor's Proposal to Shift Local
Government's Share of Vehicle License Fee (VLF)Revenue
and to Honor the 1998 Commitment to Restore the VLF.
Staff Recommendation: Adopt Resolution No. 2003 -
(Staff: Hugh Riley)
L. Consider Resolution Authorizing the Sale of 284
Charles Street. Staff Recommendation: 1) Approve
Resolution No. 2003- , authorizing the transfer of
284 Charles Street, Moorpark, California, to the
Moorpark Redevelopment Agency for subsequent sale to
the property owner of 661 Magnolia Street; and 2)
Direct the City Manager to request reconveyance of the
City's interest in this property. (Staff: Nancy
Burns)
11. ORDINANCES:
A. Consider Ordinance No. 292, an Ordinance of the City
of Moorpark, California, Amending Title 10, Vehicles
and Traffic, by Adding New Chapter 10.20, Skateboard,
Motorized Skateboard, Scooter, Motorized Scooter,
Roller Skate and In -Line Skate Regulations. Staff
Recommendation: Declare Ordinance No. 292 read for the
second time and adopted as read.
B. Consider Ordinance No. 293, an Ordinance of the City
of Moorpark, California, Amending Section 3.16.050 of
Chapter 3.16, Investment of City Funds, of Title 3,
Revenue and Finance. Staff Recommendation: Declare
Ordinance No. 293 read for the second time and adopted
as read.
Regular City Council Meeting Agenda
March 19, 2003
Page 8
12. 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, Assistant to City
Manager /City Clerk, City Manager, City Attorney, City
Engineer, Chief of Police, Administrative Services
Director, Community Development Director, Community
Services Director, and Public Works Director.
13. ADJOURNMENT:
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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) 517 -6223. Notification 48
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting (28 CFR 35.102- 35.104; ADA Title II).
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
I, Maureen Benson, 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, March 19, 2003, at 6:30 p.m. in the
Council Chambers of the Moorpark Community Center, 799 Moorpark
Avenue, Moorpark, California, was posted on March 14, 2003, 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 March 14, 2003.
J
Maureen Benson, Deputy City Clerk