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HomeMy WebLinkAboutAGENDA 1998 0819 CC REG OPAL c4� e / Ordinance No. 247 Ott��� Resolution No. 98-1498 o`�►fi'r,� 9 / �0 CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, AUGUST 19, 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 : Eagle Scouts Erik and Steen Garnett 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. 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 19, 1998 Page 2 5 . PROCLAMATIONS AND COMMENDATIONS: A. Recognition of Eagle Scouts Erik and Steen Garnett B. 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: 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 9. PUBLIC HEARINGS: A. Consider Adopting Two Resolutions Providing for the Enforcement of the California Vehicle Code Upon Certain Areas Within Tracts 4973, 4974, 4975, 4976, 4977 and 4980 (Lennar Communities and Carlsberg) Generally Described as Follows : A) Future Private Residential Streets; and B) Future Commercial Parking Facilities. Staff Recommendation: 1) Adopt Resolution No. 98- finding all of the future private roads to be constructed within Tracts 4975, 4976, 4977 and 4980 (Lennar Communities) , shall be subject to the provisions of the CVC; and 2) Adopt Resolution No. 98- making the CVC applicable to certain private roads and parking facilities upon the future commercial/industrial property within Tract 4973 and 4974 (Carlsberg) . B. Consider Adopting Three Resolutions Providing for the Enforcement of the California Vehicle Code in Privately Owned Streets and Parking Facilities Located at 3941 and 3987 Spring Road (Marketplace Properties - Commercial Planned Development Permit No. 95-1) , 484 East Los Angeles Avenue (Topa Management Company) , and Tract 4637 Phase I (Mountain Meadows Villaggio Homeowners Association) . Staff Recommendation: 1) Adopt Resolution No. 98- finding all of the future private roads and parking facilities upon the future commercial property to be constructed at 3941 and 3987 Spring Road (Marketplace Properties - Commercial Planned Development Permit No. 95-1) , shall be subject to the provisions of the CVC; 2) Adopt Resolution No. 98- making the CVC applicable to certain private roads and parking facilities upon the commercial City Council Agenda August 19, 1998 Page 3 9. PUBLIC HEARINGS: (Continued) property located at 484 East Los Angeles Avenue (Topa Management Company) ; and 3) Adopt Resolution No. 98- making the CVC applicable to certain private roads and parking facilities upon the multi-family residential property within Tract 4637 Phase I (Mountain Meadows Villaggio Homeowners Association) . C. Consider Conditional Use Permit No. 98-2 to Establish a Nightclub with Live Entertainment Provided by a Band with Dancing and to Commence Use of an Existing Bar at the El Rodeo Restaurant, Located on the North Side of High Street Between Moorpark Avenue and Walnut Street at 79, 83, and 95 E. High Street. Staff Recommendation: 1) Open the public hearing and take testimony; 2) Close the hearing; and 3) Either affirm Planning Commission denial of Conditional Use Permit 98-2, or adopt Resolution No. 98- subject to the conditions of approval included in the resolution. D. Consider General Plan Amendment No. 97-1, to Amend the Land Use and Circulation Elements; Zone Change No. 97-5, to Establish Zone Districts and Controlling Development Standards; and the Moorpark Downtown Specific Plan No. 95-1, Which Includes Land Use and Zoning Maps, a Streetscape Beautification Program, Pedestrian and Traffic Circulation Improvements, Design Guidelines, Development Standards, and Implementation Programs to Guide Future Development (Continued From July 1, 1998) . Staff Recommendation: 1) Discuss issues and recommendations and provide direction to staff regarding any additional revisions to the Downtown Specific Plan; 2) Direct staff to prepare the Final Mitigated Negative Declaration and Mitigation Monitoring Program; 3) Direct staff to prepare a draft resolution approving the Mitigated Negative Declaration and Mitigation Monitoring Program, General Plan Amendment No. 97-1 and the Downtown Specific Plan No. 95-1, subject to incorporation of required revisions; and 4) Direct staff to prepare a draft ordinance approving Zone Change No. 97-5. City Council Agenda August 19, 1998 Page 4 10. PRESENTATION/ACTION/DISCUSSION: * A. Consider Resolution No. 98- Establishing a Bus Loading Zone on Peach Hill Road West of Science Drive. Staff Recommendation: Adopt Resolution No. 98- establishing a Bus Only Loading Zone on Peach Hill Road west of Science Drive. * B. Discussion of Possible Redesign of the Spring Road Bridge Reconstruction Project. Staff Recommendation: 1) Direct staff not to redesign the project; 2) Direct staff to proceed with making certain minor changes to plans and specifications as described in the staff report; and 3) Direct staff to present the revised plans and specifications to the City Council for approval and authorization to advertise, consistent with the schedule set forth in the staff report. * C. Consider Selection of a Consultant to Prepare a Finance/Implementation Plan for the Gabbert Canyon/Walnut Canyon Channels Deficiency Study. Staff Recommendation: Approve the selection of Robert Bein, William Frost & Associates (RBF) to prepare a Finance/Implementation Plan for the Walnut Canyon/Gabbert Canyon drainage improvements, for a fee not to exceed $18, 200; 2) Direct staff to work with the developers of properties within these watersheds to obtain advance payment of the fees required for the subject study and authorize the City Manager to sign an Agreement with one or more of those developers to provide for a credit in favor of said developer (s) , against future payment of development fees or improvement costs; and 3) Authorize the City Manager to execute with RBF for said services, upon receipt of said advance payment. D. 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 early with the construction of park in the Carlsberg Specific Plan; 2) Confirm that the developer shall assume the cost of fully maintaining the improved park through the occupancy of the 227th dwelling unit, at which time the City will be asked to formally accept the park; 3) Confirm that developer, as specified in the Settlement Agreement, will continue to assume maintenance cost for the park for one full year after the City' s acceptance; and 4) * Items Deemed by the City Manager to be High Priority City Council Agenda August 19, 1998 Page 5 10. PRESENTATION/ACTION/DISCUSSION: (Continued) Defer a decision on the funding mechanism for the park until the Budget and Finance Committee has concluded its evaluation of park maintenance options, but prior to the approval of the RPD. E. Consider Food and Beverage Machines in City Parks . Parks and Recreation Commission and Staff Recommendation: Approve the placement of a beverage vending machine at Peach Hill Park, at the location specified, for a period of one year, and authorize the City Manager to offer and sign a contract as outlined in the agenda report. F. Consider Request for a Two Year Time Extension for Vesting Tentative Tract Map No. 4260 on the Application of West Pointe Homes on Property Located West of Walnut Canyon Road and Approximately Mile North of Casey Road (Assessor Parcel Nos. 500-0-260-025, -045, -075, -085; And 500-0-270-050, -090, - 140, -155 and -165 - Site of Vesting Tentative Tract Map No. 4620) . Staff Recommendation: Adopt Resolution No. 98- approving a two year time extension of Vesting Tentative Tract Map No. 4620, to expire on January 9, 2001 . G. Consider Permit Processes and Streamlining for Businesses. Staff Recommendation: Direct staff as deemed appropriate. H. Consider Joint City Council/Planning Commission Workshop for Introduction of Draft Environmental Impact Report and Draft Proposed Specific Plan No. 2 (Morrison-Fountainwood-Agoura) . Staff Recommendation: Direct staff as deemed appropriate. * I . Notice of Public Participation in Cable Television Franchise Renewal Process for Entertainment Express Limited and TeleCommunications, Inc. Of Ventura County. Staff Recommendation: Approve the public participation process for the TCI of Ventura County and Entertainment Express Limited franchise reviews and authorize staff to provide public notice of same. * Items Deemed by the City Manager to be High Priority City Council Agenda August 19, 1998 Page 6 10 . PRESENTATION/ACTION/DISCUSSION: (Continued) J. Consider Appointment of a City Council Ad Hoc Committee to Prepare a Draft Development Agreement for GPA 97-2 (A/B Properties) . Staff Recommendation: Appoint City Council Ad Hoc Committee. K. Consider City Goals and Objectives for FY 1998-99. Staff Recommendation: Discuss the proposed "Mission Statement, Goals and Objectives for FY 1998/99", make such modifications as it deems appropriate, and approve the document. 11 . CONSENT CALENDAR: A. Consider Approval of Minutes of the Regular City Council Meeting of May 6, 1998 . Consider Approval of Minutes of the Adjourned City Council Meeting of May 27, 1998 . Staff Recommendation: Approve the minutes as processed. B. Consider Approval of Warrant Register of August 5, 1998 . Fiscal Year 1997/98 Regular Warrants 42132 - 42160 - D $ 324, 993 . 16 42161 - 42197 - V $ 120, 948 . 89 C. Consider Approval of Warrant Register of August 19, 1998 . Fiscal Year 1997/98 Manual Warrants 42288 - 42295 $ 23, 294 . 80 Voided Warrants 42074 $ (1, 006. 80) Regular Warrants 42321 - 42350 - D $ 80, 111 . 90 42351 - 42446 - V $ 47, 015. 93 D. Consider Approval of Certificate of Acceptance for a Deed Conveying Campesina Park to the City. Staff Recommendation: Approve the Certificate of Acceptance for the subject Deed and direct the City Clerk to record said document. City Council Agenda August 19, 1998 Page 7 11 . CONSENT CALENDAR: (Continued) E. Consider Resolution No. 98- Establishing Miscellaneous City Fees and Charges and Procedures for Annual Review, and Rescinding Resolution No. 97-1369. Staff Recommendation: Adopt Resolution No. 98- establishing miscellaneous City fees and charges and procedures for annual review, and rescinding Resolution No. 97-1369. F. Request for Change in Meeting Time for Council Economic Development Committee. Staff Recommendation: Approve changing the meeting time of the Economic Development Committee to 5: 00 p.m. on the second Tuesday of each month. G. Consider the Modification to Condition Number 67 of Resolution 96-1189 - New Los Angeles Avenue Street Improvements for Tract 4973 - Carlsberg Development. Staff Recommendation: 1) Authorize the revision of Resolution No . 96-1189, Condition No. 67 to eliminate the requirement for a raised median on New Los Angeles Avenue as recommended in the staff report; and 2) Allow the construction of the driveway on New Los Angeles Avenue, east of Science Drive, pending staff approval of the proposed signage and "Rumble Strips" prohibiting left turns out of the driveway. H. Consider the Acceptance of Improvements and Bond Reduction for Tract 4174 - Colmer Development. Staff Recommendation: 1) Accept the improvements as complete; 2) Authorize the City Clerk to exonerate the Grading and Monumentation bonds; and 3) Authorize the City Clerk to reduce the street and drainage bonds to 10% for a one year maintenance period, subject to the Engineering Department' s final approval at that time. I . Consider Approval of a Certificate of Acceptance for an Easement for a Sidewalk on the South Side of Los Angeles Avenue, CPD 97-1 and CUP 97-2 (Gharebaghi) . Staff Recommendation: 1) Approve the Certificate of Acceptance for the public sidewalk and maintenance easement south of New Los Angeles Avenue and; 2) Direct the City Clerk to forward said easement deed and certificate to the County Recorder for recordation. J. Consider Street Names Approval for Tract 4975, 4976, 4977, and 4980 (Lennar Homes) . Staff Recommendation: Approve the street names for tracts 4975, 4976, 4977 and 4980 as shown in Exhibits A, B, C and D. City Council Agenda August 19, 1998 Page 8 11 . CONSENT CALENDAR: (Continued) K. Consider the Reduction and Exoneration of Surety Bonds Related to Peach Hill Road Street Improvements and School Site Improvements . Staff Recommendation: 1) Accept the street grading and drainage improvements as complete; 2) Authorize the City Clerk to reduce the street bonds as set forth in Table 1 of the report; 3) Authorize the City Clerk to release the reduced street bonds after the developer has completed Science Drive and after engineering acceptance of such; and 4) Authorize the City Clerk to exonerate the grading and drainage bonds as set forth in Table 1 of the report. 12 . ORDINANCES: A. Consider Adoption of Ordinance No. 244, Adopting Specific Plan 8 Zoning Designation for Properties Within the Hidden Creek Ranch Specific Plan, (Specific Plan 8/Specific Plan 93-1) ; and, Adopting Development Standards for Said Properties; and, Amending Title 17, Zoning, of the Municipal Code of the City of Moorpark to Place Such Regulations as Chapter 17 . 70 Within Said Code; and, Amending the Zoning Map of the City of Moorpark to Reflect the Land Use Designation Contained Within the Specific Plan. Staff Recommendation: Adopt Ordinance No. 244 in second reading. B. Consider Adoption of Ordinance No. 246, Adopting a Development Agreement Between the City of Moorpark and Hidden Creek Ranch Partners (Messenger Investment Company) Related to the Development of Specific Plan No. 8: Hidden Creek Ranch. Staff Recommendation: Adopt on Second Reading Ordinance No. 246. 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 August 19, 1998 Page 9 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 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, August 19, 1998, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on August 14, 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 August 14, 1998. C . rik__, P Lisa Pope, Deputy Cit Clerk