HomeMy WebLinkAboutAGENDA 2000 1206 CC REGOrdinance No. 270
Resolution No. 2000 -1790
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, DECEMBER 6, 2000
6:30 P.M.
Moorpark Community Center
1. CALL TO ORDER:
2. INVOCATION:
799 Moorpark Avenue
Pastor Steven Day, Community Christian Church
3. PLEDGE OF ALLEGIANCE:
4. ROLL CALL:
5. PROCLAMATIONS AND COMMENDATIONS:
A. Consider City Council Resolution No. 2000- Reciting
the Fact of the General Municipal Election Held on
November 7, 2000, and Declaring the Election Results
and Such Other Matters as Required By Law. Staff
Recommendation: Adopt Resolution No. 2000-
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
December 6, 2000
Page 2
5. PROCLAMATIONS AND COMMENDATIONS:
B. City Presentation to Councilmember Evans.
C. Comments from Councilmember Evans.
D. City Presentation to Councilmember Rodgers.
E. Comments from Councilmember Rodgers.
F. City Clerk administers the Oath of Office to
Councilmember elect Roseann Mikos.
G. City Clerk administers the Oath of Office to
Councilmember elect Keith Millhouse.
H. City Clerk administers the Oath of Office to Mayor
Patrick Hunter.
I. Comments from Councilmember Mikos.
J. Comments from Councilmember Millhouse.
K. Comments from Mayor Hunter.
L. Consider Nomination and Selection of Mayor Pro
Tempore.
AT THIS POINT IN THE MEETING, THE COUNCIL WILL RECESS.
6. PUBLIC COMMENT:
THE REGULARLY SCHEDULED REDEVELOPMENT AGENCY MEETING WILL
BE CONVENED AT THE CONCLUSION OF THE CITY COUNCIL MEETING.
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:
City Council Agenda
December 6, 2000
Page 3
9. PUBLIC HEARINGS:
A. Consider General Plan Amendment (GPA) 99 -5 to Change
the Land Use Designation From C -2 (General Commercial)
to I -2 (Medium Industrial) and Zone Change 99 -5 to
Change the Zoning Designation From CPD (Commercial
Planned Development) to M -2 (Limited Industrial) on
the Application of Triliad Development, Inc.
(Continued from the City Council Meeting of 11/15/00).
Staff Recommendation: 1) Open the public hearing,
accept public testimony, and then close the public
hearing; 2) consider the Negative Declaration prepared
for the requested General Plan Amendment and Zone
Change prior to making a decision on the General Plan
Amendment and Zone Change; 3) approve staff report
Alternative 1, including limitation of the development
rights as outlined; and 4) continue this item to
December 20, 2000, to allow preparation of the
appropriate resolution and ordinance to amend the
General Plan and rezone the subject property.
B. Consider General Plan Amendment 2000 -02 - Updated
Housing Element to the General Plan; City of Moorpark,
Applicant. Staff Recommendation: Open the public
hearing, take public testimony, close the public
hearing and direct staff to re- advertise this item for
public hearing at such time that the Planning
Commission has adopted recommendations to forward to
City Council based upon final Department of Housing
and Community Development (HCD) comments.
C. Public Hearing to Consider the Use of 1999 and 2000
Local Law Enforcement Block Grants (LLEBG). Staff
Recommendation: 1) Conduct a public hearing, accepting
testimony regarding the Local Law Enforcement Block
Grants as necessary; and 2) accept the 1999 and 2000
LLEBG awards and direct staff to use the funds to
partially fund one new uniformed patrol officer in the
City Manager's Recommended Budget for Fiscal Year
2001/2002.
D. Consider Resolution No. 2000- to Enable the
Enforcement Of The California Vehicle Code in the
Privately Owned Parking Facilities at 5950 Condor
Drive. Staff Recommendation: Adopt Resolution No.
RNMU9 0
City Council Agenda
December 6, 2000
Page 4
10. PRESENTATION /ACTION /DISCUSSION:
A. Consider Appointments to the City Council Standing
Committees, Ad Hoc Committees and Other Assignments.
Staff Recommendation: Waive Council Policy No. 6.2 and
make appointments to City Council Committees on
December 6, 2000.
B. Consider Granting an Extension of Time for Commercial
Planned Development No. 96 -3 (CPD 96 -3), and
Conditional Use Permit No. 96 -2 (CUP 96 -2), for
Development of the Westgate Plaza on the North Side of
Los Angeles Avenue, West of Mission Bell Plaza and
East of Shasta Avenue, on the Request of A. Dee Wayne
Jones. Staff Recommendation: Approve an extension of
time for six (6) months to March 17, 2001, contingent
upon payment of all outstanding project processing
fees by December 29, 2000, and direct staff upon
receipt of outstanding project processing fees to
prepare a Resolution granting the six (6) month
extension of time to March 17, 2001, for adoption by
the City Council.
C. Amendment of Condition No. 16 of Resolution No. 2000-
1687, [Minor Modification for Pads B & C of Mountain
Meadows Plaza] Pertaining to the Construction of a
Double Left -Turn Lane at the Intersection of Los
Angeles Avenue and Tierra Rejada Road. Staff
Recommendation: Adopt Resolution No. 2000-
D. Consider Revisions to Park Improvement Zones and the
Disposition of the Parkland Fees from the Archstone
Multi - Family Residential Project and Pacific
Communities Single Family Residential Project. Staff
Recommendation: 1) Approve the proposed Park
Improvement Zone revisions as identified on Attachment
B; 2) confirm the deposit of 100 percent of the park
fees collected from the Archstone project to the
Community Park Improvement Zone; 3) direct that 80
percent of the park fees to be collected from the
Pacific Communities project be deposited in the
Community Park Improvement Zone and 20 percent in a
future neighborhood zone; 4) appropriate $120,000 from
City Council Agenda
December 6, 2000
Page 5
10. PRESENTATION /ACTION /DISCUSSION: (continued)
the Community Zone for the design and construction of
a restroom and concession facility at Arroyo Vista
Community Park; and 5) indicate intent to allocate
$1.2 million to the community pool. (ROLL CALL VOTE
REQUIRED).
E. Consider Bids for the 2000 Asphalt Overlay Project
[Including Spring Road & Los Angeles Avenue
Rehabilitation Projects]. Staff Recommendation:
Approve the selection of Nye & Nelson, Inc. to
construct the subject project and adopt Resolution No.
2000- amending the budget to fully fund said
work. (ROLL CALL VOTE REQUIRED)
F. Consider Conditional Approval of Hauling Excess Soil
from Tracts 4975, 4976, 4977, and 4980 to Archstone
Communities Site, Residential Planned Development
Permit No. 97 -01 (RPD 97 -1) and Other Locations Within
the City of Moorpark. Staff Recommendation: Authorize
staff to approve: 1) the removal of up to 35,000 cubic
yards of surplus soils from Tract 4975; 2) the removal
of up to 50,000 cubic yards of surplus soil from Tract
4976; 3) the removal of up to 5,000 cubic yards of
surplus soil from Tract 4977; 4) the removal of up to
20,000 cubic yards of surplus soil from Tract 4980; 5)
hauling up to 60,000 cubic yards of soils either, or a
combination of both Tracts 4975 and Tract 4976 to the
Archstone Apartments project; and 6) hauling up to
40,000 cubic yards of soils from either, or a
combination of both Tracts 4976, 4977, and Tract 4980
to Arroyo Vista Park or other sites within the City as
approved by the City Engineer and the Director of
Community Development.
G. Consider Approval of Plans and Specifications and
Authorization to Advertise for Receipt of Bids for the
Light Emitting Diode Traffic Signal Conversion
Project. Staff Recommendation: 1) Adopt Resolution
No. 2000- revising the amount of the
appropriations and budget for the Traffic Signal
Maintenance account; 2) approve Plans and
Specifications for the Traffic Signal LED Conversion
Project; and 3) authorize staff to advertise for
City Council Agenda
December 6, 2000
Page 6
10. PRESENTATION /ACTION /DISCUSSION: (continued)
receipt of bids for said project. (ROLL CALL VOTE
REQUIRED).
H. Consider Purchase of Fifteen Street Lights for Los
Angeles Avenue. Staff Recommendation: 1) Approve
Resolution No. 2000- amending the FY 2000 -2001
Budget by appropriating an additional $10,533 from the
Los Angeles Area of Contribution (A.O.C.) Fund; and 2)
authorize the purchase of fifteen street lights at a
cost of $10,533 to be placed at the direction of the
City. (ROLL CALL VOTE REQUIRED)
I. Extend City Solid Waste Franchise Agreements Three
Years and Annual Update of Solid Waste Collection
Fees. Staff Recommendation: 1) Approve an extension of
the City's Franchise Agreements with Moorpark Rubbish
Disposal and GI Industries for up to three years; 2)
authorize the City Manager to execute amendments to
the Solid Waste Franchise Agreements changing the
residential franchise fee rate from 4% to 50; 3)
approve the annual solid waste fee adjustment with the
City of Moorpark Franchise Haulers, as show in
Attachment "A "; and 4) adopt Resolution No. 2000- ,
which extends the term of the Franchise Agreements for
three years, and updates the 2001 Solid Waste
Collection Fees, and replaces Exhibit G of the
Franchise Agreements with a new rate schedule,
effective January 1, 2001. (ROLL CALL VOTE REQUIRED)
11. CONSENT CALENDAR:
A. Consider Approval of Minutes of a Joint Special
Meeting of the City Council and Planning Commission on
April 26, 2000.
Consider Approval of Minutes of a Regular Meeting of
November 1, 2000.
Staff Recommendation: Approve minutes as processed.
City Council Agenda
December 6, 2000
Page 7
11. CONSENT CALENDAR: (continued)
B. Consider Approval of Warrant Register - December 6
2000. Fiscal Year 2000/2001
Manual Warrants
Voided Warrants
Payroll Liability
Warrants
104218 - 104225 &
104235 - 104240
101484
104226 - 104234
$ 66,847.14
$ (66.00)
$ 14,337.97
Regular Warrants 104241 - 104341 $655,264.05
Staff Recommendation: Approve the Warrant Register.
C. Consider Rejection Of Claim: Gretchen Diederich,
Charles Diederich, and the Estate of Drew Diederich.
Staff Recommendation: Reject the claim and direct
staff to send a standard rejection letter to the
claimants.
D. Consider Rejection Of Claim: Lois J. Blair, Lynn
Blair, Brittany Blair, Breanna Blair, and Susan Blair
Ames, Lynda Blair Burns and Ross Blair. Staff
Recommendation: Reject the claim and direct staff to
send a standard rejection letter to the claimants.
E. Consider Resolution No. 2000 - Amending the
Conflict of Interest Code of the City of Moorpark and
Rescinding Resolution No. 98 -1535. Staff
Recommendation: Adopt Resolution No. 2000-
F. Selection of a Landscape Architect to Prepare Design
Plans and Specifications for Certain Parkway and
Median Landscape Improvement Projects and Amendment of
Budget to Fund Project 8033: Los Angeles Avenue /Tierra
Rejada Road Parkway Project. Staff Recommendation:
Approve the selection of Meeks and Associates to
provide certain landscape architectural design
services and adopt Resolution No. 2000- amending
the budget. (ROLL CALL VOTE REQUIRED)
City Council Agenda
December 6, 2000
Page 8
11. CONSENT CALENDAR: (continued)
G. Consider Approval of Sale or Disposal of Surplus City
Vehicles and Purchase of New Vehicles. Staff
Recommendation: Adopt Resolution No. 2000 -
approving the sale of surplus City vehicles by sale or
other permitted means and amending the 2000/2001
budget for the purchase of two pool vehicles.
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)
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)
City Council Agenda
December 6, 2000
Page 9
13. CLOSED SESSION: (continued)
F. 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)
G. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
A Trucking Crane Rental & Repair Company dba A.T.C.
Rentals & Repairs, Inc., a California Corporation vs.
TM Engineering, a California joint venture; Washington
International Insurance Company, an Illinois
corporation; WAUSAU, a Mutual Company, a Wisconsin
corporation; and City of Moorpark, a California public
entity (Case No. SC CIV198723)
H. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 203 E. Los Angeles Ave., Moorpark, CA 93021
and 213 E. Los Angeles Avenue., Moorpark, CA 93021
Agency Negotiator: Steven Kueny, City Manager
Negotiating Parties: The City of Moorpark and Steven
A. Valenza
Under Negotiation: Price and terms of payment
Property: 500 Block (East Side) of Spring Rd.,
Moorpark CA 93021; (7.52 Acre portion of Lot A, Tract
1266 -1, Moorpark Industrial Tract)
Agency Negotiator: Steven Kueny, City Manager
Negotiating Parties: The City of Moorpark and M.V.S,
Inc.
Under Negotiation: Price and terms of payment
I. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: Assistant City Manager, Assistant to the City
Manager /City Clerk, City Manager, City Attorney, City
Engineer, Chief of Police, Director of Administrative
Services, Director of Community Development, Director
of Community Services, Director of Public Works.
City Council Agenda
December 6, 2000
Page 10
13. CLOSED SESSION: (continued)
J. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Government Code Section 54957.6)
Agency Designated Representative: Steven Kueny
Employee Organization: Service Employees International
Union, AFL -CIO, CLC, Local 998
K. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Government Code Section 54957.6)
Agency Designated Representative: Steven Kueny
Unrepresented employees: Assistant City Manager,
Director of Administrative Services Manager, Assistant
to the City Manager /City Clerk, Director of Community
Development, Director of Community Services, Director
of Public Works, Finance /Accounting Manager, Planning
Manager, Principal Planner, Recreation Superintendent,
and Senior Management Analyst
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).