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Home My WebLink AboutAGENDA 1999 1020 CC REG yPpK cq�,.e �01. 9 � � Ordinance No. 266 irtv�� Resolution No. 99-1668 09404,TFD ub.4^�4 CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, OCTOBER 20, 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 : Presentation of Colors and Pledge of Allegiance by Moorpark Boy Scout Troop 604 . 4 . ROLL CALL: 5. PROCLAMATIONS AND COMMENDATIONS: A. Introduce New City Employee, Joan Fretz, Human Resources Assistant. B. Recognize Red Ribbon Week, October 24 - 30, 1999 (Proclamation) . C. City Manager' s Monthly Report. 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 20, 1999 Page 2 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 REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure, Section 2. 9, Items to be withdrawn from the Consent Calendar shall be identified at this time.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 Resolution No. 99- Finding and Declaring That Certain Private Roads Generally Held Open for Public Use Shall Be Subject to the Provisions of the California Vehicle Code [ref. : Tract 5053 [RPD 96-1] - Pacific Communities] . Staff Recommendation: Adopt Resolution No. 99- declaring certain private roads within Tract 5053, which are generally held open for use by the public, to be subject to the provisions of the California Vehicle Code. 10. PRESENTATION/ACTION/DISCUSSION: A. Consider Zoning Ordinance Amendment ZOA 99-05, Lighting Standards . (Continued from October 6, 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 Exhibit A. B. Consider Urban Growth Boundary (UGB) Education Program and Request for City Co-Sponsorship of an Informational Workshop. Staff Recommendation: Approve City co- sponsorship of a UGB informational workshop to be held at the Moorpark Community Center, and designate the Director of Community Development as the staff support person for the UGB Education Program. City Council Agenda October 20, 1999 Page 3 10. PRESENTATION/ACTION/DISCUSSION (Continued) C. Consider Resolution No. 99- Establishing a Hardship Assistance Program for Mobile Home Tenants for Calendar Year 2000 . Staff Recommendation: Adopt Resolution No. 99- establishing a hardship assistance program for mobile home tenants for calendar year 2000 . D. Consider Use of the Eastern Portion of Arroyo Vista Community Park by Southern California Edison (SCE) and Performance Nursery. Staff Recommendation: Direct staff to negotiate agreements with Southern California Edison and Performance Nursery consistent with the content of the staff report for subsequent approval by the City Council . E. Consider Award of Contract to Robert W. Stanhope Company for Construction and LDM Associates for Compliance Monitoring for the Senior Center Expansion Project and Approval of a Budget Amendment Transferring Community Development Block Grant Funds from Affordable Housing Purposes to the Senior Center Expansion Project. Staff Recommendations : 1) Approve the defined Scope of Work for the construction of the Senior Center Expansion Project as the Base Bid Component as identified in the Project Manual; 2) Award a contract to Robert W. Stanhope Company for construction of the Senior Center Expansion at a cost not to exceed $360, 000 and provide for contingencies in the amount of $66, 000, and authorize the City Manager to execute said contract; 3) Award a contract to LDM Associates for CDBG and Davis Bacon compliance monitoring at a cost not to exceed $8, 000 and authorize the City Manager to execute said contract; 4) Adopt Resolution No . 99- Amending the FY 1999/00 Budget by appropriating $137, 000 of CDBG Funds by the transfer of (a) $55, 000 in CDBG funds from CDBG Affordable Housing (2701 . 5440 . 5002 . 9620) to the Senior Center Expansion Project (2701 . 7610 . 7010 . 9600) ; (b) the transfer of $17, 000 in CDBG funds from CDBG Public Improvement (2701 . 5440 . 5003 . 9621) to the Senior Center Expansion Project (2701 . 7610 . 7010. 9600) ; (c) the transfer of $65, 000 in CDBG funds from Economic Development (2701 . 3588) to the Senior Center Expansion Project (2701 . 7610. 7010 . 9600) ; and 5) Authorize staff to draft a letter to FEMA declining the grant funds for the seismic retrofit work. (ROLL CALL VOTE REQUIRED. ) F. Consider Status of the City' s Year 2000 Preparedness . Staff Recommendation: Receive and File this Report . City Council Agenda October 20, 1999 Page 4 11 . CONSENT CALENDAR: A. Consider Approval of Minutes of Special City Council Meeting of October 6, 1999. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register - October 20, 1999. Fiscal Year 1999/00 Manual Warrants 100019, 100206 & $ 38, 336. 36 100251 & 100648 - 100662 Voided Warrant 100778 0 . 00 Regular Warrants 100664 - 100814 V $1, 736, 433 . 72 100815 - 100820 D $ 15, 333 .23 Staff Recommendation: Approve the Warrant Register. C. Consider Revisions to City Council Policies Resolution. (Continued from October 6, 1999) . Staff Recommendation: Approve Resolution No . 99- , adopting Council policies and rescinding Resolution No. 98-1509. D. Consider Rejection of Claim Submitted by Southern California Edison. Staff Recommendation: Reject the claim and authorize staff to notify claimant in writing of this action. E . Consider Revisions to Contract for Engineering Services to a) Adjust the Hourly Rate for Engineering Services and to b) Change the Effective Date for Any Such Future Rate Adjustments . Staff Recommendations : 1) Approve a 2. 4% increase in the rates for Engineering Services to be made effective November 1, 1999; 2) Approve a revision to the Engineering Services Agreement changing the effective date for all future rate adjustments and fee adjustments, to December 1; 3) Authorize the City Manager to execute an Amendment to the Engineering Services Agreement effecting the above described adjustments and changes . City Council Agenda October 20, 1999 Page 5 11 . CONSENT CALENDAR: (continued) F. Consider Declaring Arroyo Vista Recreation Center and Community Center Tables as Surplus . Staff Recommendation: Staff recommends that the City Council declare 20 folding tables, a table storage rack, and a chair storage rack as surplus and authorize staff to dispose of them in an appropriate manner. G. Consider Award of Contract for Community Center Re- Roofing Project. Staff Recommendation: Award a contract to Star-Wes Roofing, Inc. to re-roof the Community Center for $37, 195, plus a contingency of $2, 445, and authorize the City Manager to execute said contract. H. Consider Resolution 99- Amending the FY 1999/00 Budget Appropriating Funds from the General Fund (1000) for Campus Park Repairs . Staff Recommendation: Approve Resolution No . 99- Amending the FY 1999/00 Budget by Appropriating $6, 000 to the Park Maintenance Budget (2400 . 7800) for repairs at Campus Park. (ROLL CALL VOTE REQUIRED. ) I . Consider Engagement of Financing Team and Setting of TEFRA Hearing Re: Issuance of Financing for Villa Del Arroyo Mobile Home Park. Staff Recommendations : 1) Appoint the staff-recommended financing team of (A) Bond Counsel : Quint & Thimmig LLP, (B) Disclosure Counsel : Richards, Watson & Gershon, (C) Co-Underwriters : Miller & Schroeder Financial, Inc. and Kinsell, Newcomb & DeDios, and (D) Trustee: U.S . Bank. (Written proposals for each of the above listed firms are on file in the office of the Assistant City Manager. Urban Futures, Inc. , the City' s financial advisor, is already under contract with the City/Agency) ; and 2) Set November 3, 1999, as the time to hold a public hearing (TEFRA) on this matter and direct staff to take those actions necessary to initiate said public hearing. J. Consider Rebate of Business Registration Fee for Businesses Approved for the Business Emergency Loan Program. Staff Recommendation: Approve a one time rebate of the Business Registration fee for businesses approved to receive loans through the Business Emergency Loan Program. 12 . ORDINANCES: City Council Agenda October 20, 1999 Page 6 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) 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) City Council Agenda October 20, 1999 Page 7 13. CLOSED SESSION: (continued) 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 REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956. 8) Property: Arroyo Vista Community Park, 4550 Tierra Rejada Road, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties : City of Moorpark, Southern California Edison, and Performance Nursery Under Negotiation: Price and terms of payment 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 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 City Council Agenda October 20, 1999 Page 8 13. CLOSED SESSION: (continued) 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 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) . �►K c„q a ?P' 4�� : 1nropp.. % 4WWITNTipelte', tit • mt 404 ^'N -�r Q JOS 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, October 20, 1999, at 6:30 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on October 15, 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 October 15, 1999. La-Dell VanDeren, Deputy City Clerk