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HomeMy WebLinkAboutAGENDA 2000 0105 CC REGOrdinance No. 267 Resolution No. 2000 -1685 CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, JANUARY 5, 2000 6:30 P.M. Moorpark Community Center 1. CALL TO ORDER: 2. INVOCATION: 799 Moorpark Avenue Pastor Errol Hale, Shiloh Community Church. 3. PLEDGE OF ALLEGIANCE: 4. ROLL CALL: 5. PROCLAMATIONS AND COMNENDATIONS: A. Introduce New City Employee: Gwendolyn Indermill, Recreation Superintendent. B. Introduce Sergeant Ron Nelson. C. Introduce Ventura County Transportation Commission (VCTC) Poster Contest Winners: Ken Klimaszewski and Will Vitanza. ------------------------------------------------------------------------------ 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 January 5, 2000 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 REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure, Section 2.9, Items to be withdrawn from the Consent Calendar shall be identified at this time.) 8.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 Conditional Use Permit No. 99 -5, a Request to Allow the Sale of Alcoholic Beverages Other than Beer and Wine at an Eating Place as Proposed for Lalos Restaurant in Moorpark Plaza at the Southeast Corner of New Los Angeles Avenue and Spring Road, Fidel Barcenas, Applicant (APN 512 -0- 150 -700). Staff Recommendations: 1) Open the public hearing, accept public testimony, and close the public hearing; 2) Review, consider, and accept the finding that this request is exempt from provisions of CEQA; and 3) Adopt Resolution No. 2000- approving Conditional Use Permit No. 99 -5. B. Consider the Tax Equity Fiscal Responsibility Act ( TEFRA) Hearing Related to the Villa Del Arroyo Mobile Home Park. Staff Recommendations: 1) Open the public hearing and take testimony from the public; 2) Close the public hearing; and 3) Approve a motion that the TEFRA requirement of the IRS has been met for Augusta Homes, and public comments have been duly recorded. C. Consider Resolution No. 2000- to Enable the Enforcement of the California Vehicle Code in the Privately Owned Parking Facilities at Three D Enterprises /Pinecrest Schools Located at 14100 Peach Hill Road (Tract 4974 Lot 4, CPD 98 -1). Staff Recommendation: Adopt Resolution No. 2000 - declaring the privately owned parking facilities at 14100 Peach Hill Road to be subject to certain provisions of the California Vehicle Code. City Council Agenda January 5, 2000 Page 3 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Request for Centennial Monument to Display an E1 Camino Real Bell on High Street. Staff Recommendation: Consider the request to erect a monument to display an E1 Camino Real bell on High Street and review its location, size, design and construction. B. Consider Name for Park in Specific Plan 92 -1 (Carlsberg). Staff Recommendation: The Parks and Recreation Commission recommends that the City Council approve Sereno Ridge as the name for the park under construction in Specific Plan 92 -1. C. Consider Report on Moorpark Community Events. Staff Recommendation: Direct staff as deemed appropriate. D. Consider August 18, 1999, City Council Minute Action Regarding Early Construction of the Park in the Carlsberg Specific Plan. Staff Recommendations: 1) Reconsider action taken at the August 18, 1999, meeting to require amendment of the Carlsberg Settlement Agreement to allow Carlsberg to proceed with early construction of the park; and 2) Reconsider the vote on August 18, 1999, and approve revised action to approve Carlsberg's request to proceed with early construction of the park without amending the Carlsberg Settlement Agreement. E. Consider Discussion of Requirements Related to the Review of Bids and the Award of Contracts for Public Works Construction Projects. Staff Recommendation: Direct staff as deemed appropriate. F. Consider Use of the Citywide Traffic Mitigation Fee to Fund Efforts to Prohibit Truck Traffic on Los Angeles Avenue (SR 118) West of the Freeway. Staff Recommendation: Authorize use of monies collected through the Citywide Traffic Mitigation Fee to fund City efforts to establish a truck prohibition on State Route 118. City Council Agenda January 5, 2000 Page 4 10. PRESENTATION /ACTION /DISCUSSION: (continued) G. Consider Authorization to Prepare and Distribute Mail Ballots Related to the Levy of Landscape Maintenance Assessments Upon the Properties Within Zone 12 of Assessment District 84 -2 - Carlsberg Specific Plan. Staff Recommendation: Approve Alternate Allocation Formula M as described in the agenda report and direct staff to proceed with the preparation and distribution of Mail Ballots for the Zone 12 assessment for FY 2000/2001. H. Consider Minor Modification Nos. 7 and 8 to Major Modification No. 1 to Commercial Planned Development Permit 90 -2 for Construction of Pad Buildings B and C in Mountain Meadows Plaza Commercial Center Located on the Southwesterly Corner of Mountain Trail Street and Tierra Rejada Road; Moorpark Properties, Applicant (APN 505 -0- 300 -11 and 505 -0- 300 -12). Staff Recommendation: Adopt Resolution No. 2000 - conditionally approving Minor Modification Nos. 7 and 8 of Major Modification No. 1 to Commercial Planned Development Permit No. 90 -2. I. Consider Status of Lighting Issues and Determine if Resolution is Complete at the Marketplace Properties Commercial Center (Rite Aid /Kindercare). Staff Recommendation: Concur that the modified lighting satisfies the conditions of approval. J. Consider Clarification of the Terms and Conditions of the Amended Grading Agreement Approved to Allow Construction of Tentative Tract 4980 Lennar Homes of California and Western Pacific Housing. Staff Recommendation: Receive and file this report. K. Consider the Status of Grading and Soil Export for Tract 4976 and Tract 4977 - Lennar Communities. Staff Recommendations: Approve the transport of the additional 6,600 cubic yards of soil from Tract 4977 to Tract 4976 subject to the following conditions: 1) A grading permit shall be requested and the payment of appropriate grading permit fees for the added yardage transported shall be paid to the City; 100% of which shall be retained by the City; and 2) Payment of a penalty fee equal to twice the amount of the grading City Council Agenda January 5, 2000 Page 5 10. PRESENTATION /ACTION /DISCUSSION: (continued) fee required for the increased yardage of soil transported without appropriate permits; 100% of which shall be retained by the City. L. Consider a Request by Lennar Homes to Increase the Building Pad Elevation on Fifty -Seven (57) Lots in Tract 4977, by up to 3.3 Feet above the Tentative Map Approved Elevation. Staff Recommendation: Approve the proposed changes in lot pad elevation consistent with the plat map of Assistant City Engineer memo of 12/22/99 to a maximum of 3.3 feet above the lot pad elevations on the approved Tentative Map 4977. M. Consider Action on the Citizen Budget Review Committee. Staff Recommendation: Direct staff as deemed appropriate. N. Consider City Council Standing and Ad Hoc Committee Appointments and Other Committee Assignments and Regular Meeting Schedule for Standing Committees in the Year 2000. Staff Recommendation: Approve the Council Standing Committee appointments and a Regular Meeting Schedule for the Year 2000. 11. CONSENT CALENDAR: A. Consider Approval of Minutes of Regular Meeting of August 18, 1999. Consider Approval of Minutes of Special Meeting of October 20, 1999. Consider Approval of Minutes of Special Meeting of November 3, 1999. Consider Approval of Minutes of Regular Meeting of November 3, 1999. Consider Approval of Minutes of Regular Meeting of November 17, 1999 City Council Agenda January 5, 2000 Page 6 11. CONSENT CALENDAR: (continued) Consider Approval of Minutes of Special Meeting of December 1. 1999. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register - December 15, 1999. Fiscal Year 1999/00 Manual Warrants Voided Warrants Regular Warrants 101143 - 101149 101081 & 101129 101115 & 101118 101152 - 101245 $ 25,513.34 $ (257, 254. 34) $ 618, 383 .10 Consider Approval of Warrant Register - January 5, 2000. Fiscal Year 1999/00 Manual Warrants Voided Warrants Regular Warrants 101150 - 101151 & 101246 - 101251 (None) (Warrant Run Pending) $ 29,767.42 $465,053.07 Staff Recommendation: Approve the Warrant Registers. C. Consider Release of HOME Funds to County of Ventura. Staff Recommendation: Authorize the release of its HOME funding allocation to the County of Ventura. D. Consider Report on Los Angeles Avenue Widening Efforts. Staff Recommendation: Receive and file the report. E. Consider Approval of Final Map Tract 4977 (Lennar Homes /Richmond American Homes) . Staff Recommendations: 1) Approve the Final Map for Tract 4977 along with the Agreement for Construction of Subdivision Improvements and Reimbursement between the City and Richmond City Council Agenda January 5, 2000 Page 7 11. CONSENT CALENDAR: (continued) American Homes of California, Inc.; 2) Approve the Early Grading Agreement for Lot 2 of Tract Map No. 4974 between the City and Lennar Homes of California, Inc.; 3) Approve the Partial Release of Covenant and Agreement for the Early Grading Agreement with Lennar Homes; 4) Authorize the Mayor and City Clerk to sign the Final Map Title Sheet, Agreement for Construction of Subdivision Improvements and Reimbursement, Early Grading Agreement for Tract 4977 and, the Partial Release of Covenant Agreement; and 5) Authorize recordation of the Final Map for Tract 4977, the Agreement for Construction of Subdivision Improvements and Reimbursements, Amended Early Grading Agreements and the Partial Release of Covenant and Agreement, subject to City Manager and City Attorney approval of the agreements. F. Consider Resolution No. 2000 - Amending the FY 1999/2000 Budget to Appropriate $1,280.00 for the Mobilehome Hardship Assistance Program. Staff Recommendation: Adopt Resolution No. 2000 - Amending the FY 1999/2000 budget by appropriating $1,280.00 from the City Housing Fund Reserve for the Mobilehome Hardship Waiver Program. (ROLL CALL VOTE REQUIRED). G. Consider Notice of Completion for the Casey Road Traffic Signal. Staff Recommendations: 1) Accept the work as completed; 2) Instruct the City Clerk to record the Notice of Completion for the project; and 3) Authorize the release of the retention upon satisfactory clearance of the thirty -five (35) day lien period. H. Consider Notice of Completion for the Miscellaneous Curb, Gutter and Sidewalk Construction Project. Staff Recommendations: 1) Accept the work as completed; 2) Instruct the City Clerk to record the Notice of Completion for the project; and 3) Authorize the release of the retention upon satisfactory clearance of the thirty -five (35) day lien period. City Council Agenda January 5, 2000 Page 8 11. CONSENT CALENDAR: (continued) I. Consider Authorizing Recordation of the Notice of Completion for the Construction of the Community Center Roof Replacement. Staff Recommendations: 1) Accept the work as complete; 2) Authorize the City Clerk to file the Notice of Completion for the project; and 3) Authorize the release of the balance of payment due upon satisfactory clearance of the 35 days after Notice of Completion records and completion of close out contractual obligations of contractor. J. Consider Renewal of an Agreement to Provide Security Guard Services at the Moorpark Metrolink Station with the Firm of Security Above. Staff Recommendation: Renew the Agreement to provide security guard services at the Moorpark Metrolink Station with the firm of Security Above, and authorize the City Manager to execute the agreement. K. Consider Approval of the Plans and Specifications for the New Los Angeles Avenue Bridge Widening Project and Authorization to Advertise for Receipt of Bids for the Said Work. Staff Recommendations: 1) Approve the plans and specifications for the subject project with the changes referenced in the agenda report; and 2) Authorize staff to advertise for receipt of bids upon receipt of the authorization to proceed from Caltrans. L. Consider Selection of a Consultant to Perform Certain Assessment Engineering Services and Adopt Resolution No. 2000- Initiating the Proceedings Related to the Levy of Assessments for AD 84 -2 for Fiscal Year 2000/20001. Staff Recommendations: 1) Authorize the City Engineer to prepare the FY 2000/2001 Engineer's Reports for AD 84 -2 for a fee not to exceed $7,000.00, including reimbursable expenses; and 2) Adopt Resolution No. 2000- authorizing preparation of an Engineer's Report for the Moorpark Lighting and Landscaping Maintenance Assessment District (AD 84 -2) for FY 2000/2001. City Council Agenda January 5, 2000 Page 9 11. CONSENT CALENDAR: (continued) M. Consider Approval of a Five Year Extension to the Contract for Street Sweeping Services with Pacific Sweep. Staff Recommendation: Approve the five -year street sweeping contract with Pacific Sweep and authorize the Mayor to sign the contract in a form and with language approved by the City Manager. 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) 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 January 5, 2000 Page 10 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 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: 415 High Street, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Sawada and Youko Michitaka 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 City Council Agenda January 5, 2000 Page 11 13. CLOSED SESSION: (continued) K. 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).