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CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, JUNE 6, 2001
6 :30 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2 . INVOCATION:
Pastor Dave Wilkinson, Moorpark Presbyterian Church.
3 . PLEDGE OF ALLEGIANCE:
4 . ROLL CALL:
5 . PROCLAMATIONS AND COMMENDATIONS:
A. Recognition of Outgoing Teen Council .
B. Introduction of Abigail Fisher, Assistant Planner,
Community Development Department .
C. Introduction of Margaret Rothschild, Senior Center
Coordinator, Community Services Department .
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.
City Council Agenda
June 6, 2001
Page 2
6. PUBLIC COMMENT:
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withdrawn from the Consent Calendar shall be identified at this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 Report and Recommendation of the Affordable
Housing/Community Development Committee concerning
General Plan Pre-Screening Applications for L.T.
Development, LLC. and DeeWayne Jones . (General Plan
Amendment Pre-Screening Applications No. 2000-04 and
No. 2000-03) . Staff Recommendation: The Affordable
Housing/Community Development Committee, by consensus,
recommends to the City Council : 1) Pre-Screening
General Plan Application No. 2000-04 (L.T.
Development, LLC. ) be allowed to be submitted and
authorized for processing subject to the conditions
recommended by the Committee, as specified in the
agenda report, and 2) Pre-Screening General Plan
Application No. 2000-03 (DeeWayne Jones) be continued
to the next cycle of Pre-Screening Application review
and that the applicant work together with staff to
address the issues identified by the Committee at
their meeting of April 18, 2001 .
B. Consider Final Review and Changes to the Engineer' s
Report for Assessment District 01-1 [Wilshire Builders
- Tract 5201] and the Adoption of a Resolution
Confirming the Assessment Amounts for Fiscal Year
2001/02 . Staff Recommendation: 1) Open the public
hearing, receive testimony and close the public
hearing; 2) Approve the Engineer' s Report for AD01-1
for FY 2001/02 , with no changes from the report
approved by City Council Resolution No. 2001-1837; and
3) Adopt Resolution No. 2001- confirming the
assessments for AD01-1 for FY 2001/02 .
City Council Agenda
June 6, 2001
Page 3
9. PUBLIC HEARINGS: (continued)
C. Consider Final Review and Changes to the Engineer' s
Report for Assessment District 01-2 [Toll Brothers -
Tentative Tract 4928] and the Adoption of a Resolution
Confirming the Assessment Amounts for Fiscal Year
2001/02 . Staff Recommendation: 1) Open the public
hearing, receive testimony and close the public hearing;
2) Approve the Engineer' s Report for AD01-2 for FY
2001/02, with no changes from the report approved by
City Council Resolution No. 2001-1824 ; and 3) Adopt
Resolution No. 2001- confirming the assessments for
AD01-2 for FY 2001/02 .
D. Consider Resolution No. 2001- Revising the Fees for
the Gabbert Road - Casey Road Area of Contribution
(Gabbert-Casey AOC) . Staff Recommendation: 1) Open the
public hearing on the proposed adjustment to the Gabbert
Road/Casey Road AOC fees, receive all input regarding
said proposed fee increase and close said public
hearing; and 2) Adopt Resolution No. 2001-
increasing the fees for the Gabbert Road/Casey Road AOC
and re-adopting the Spring Road/Tierra Rejada Road AOC
fees .
E. Consider Updating the Los Angeles Avenue Area of
Contribution (L. A. Ave. AOC) . Staff Recommendation: 1)
Open the public hearing on the proposed adjustment to
the Los Angeles Avenue AOC fees, receive all input
regarding said proposed fee increase and close said
public hearing; and 2) Adopt Resolution No. 2001-
increasing the fees for the Los Angeles Avenue AOC.
10. PRESENTATION/ACTION/DISCUSSION:
A. Consider Appeal of Decision of the Director of Public
Works Denying an Application from the County of
Ventura for a Street Encroachment Permit to Construct
Modifications to Street Improvements Related to a
Proposed Project by the County to Realign Moorpark
Road. (Continued from May 16, 2001. ) Staff
Recommendation: Continue to June 20, 2001 .
City Council Agenda
June 6, 2001
Page 4
10 . PRESENTATION/ACTION/DISCUSSION: (continued)
B. Consider Approval of Resolution No. 2001-
Approving the Preliminary Assessment Engineer' s
Report, the Parks and Recreation Maintenance and
Improvement Assessment District Levy Amount, and
Setting the Date for the Public Hearing for June 20,
2001 . Staff Recommendation: Adopt Resolution No. 2001-
, approving the preliminary Engineer' s Report and
assessment amount contained within, and setting the
public hearing date.
C. Consider Caltrans Route 23 Freeway Widening Project .
Staff Recommendation: Provide staff with any
additional information to be included in the project
comment letter to Caltrans, and direct the City
Manager to prepare and transmit said letter.
D. Consider Establishing a Summer Beach Bus Pilot Program
Providing Public Transportation from Moorpark to Zuma
State Beach. Staff Recommendation: 1) Approve the
summer Beach Bus as a pilot program, authorizing the
City Manager to make final approval of the most
qualified proposal and execute an Agreement with the
successful bidder, and 2) Direct staff to make the
necessary adjustment within the Transit Fund (TDA
Article 8c) revenue for the proposed FY 2001-02
budget, not to exceed $10, 000 .
E. Consider Request to Provide $15 , 000 Loan for Country
Days to "High Street Events A Nonprofit Corporation" .
Staff Recommendation: 1) Accept a promissory note from
High Street Events (HSE) in exchange for a $15, 000
loan, with no interest, from the City' s General Fund
Reserve, due and payable on December 31, 2002, and 2)
authorize an agreement between the City and HSE, with
both documents subject to final language approval of
the City Manager and City Attorney. (ROLL CALL VOTE
REQUIRED)
F. Consider Resolution No. 2001- Revising the Amount
of the Appropriation and Budget for Traffic Signal
Maintenance [Gas Tax Fund 2605, Division 1810, Object
9253] to Install Battery Backup Systems and LED
City Council Agenda
June 6, 2001
Page 5
10. PRESENTATION/ACTION/DISCUSSION: (continued)
Conversion (Phase 3 , Amber) at City-Maintained Traffic
Signals . Staff Recommendation: 1) Adopt Resolution No.
2001- , and 2) Direct staff to pursue efforts to
expedite battery backup units for all Caltrans signals
in the City.
11. CONSENT CALENDAR:
A. Consider Approval of Minutes of Regular Meeting of
February 21, 2001 .
Consider Approval of Minutes of Regular Meeting of
March 7 , 2001 .
Consider Approval of Minutes of Regular Meeting of
March 21, 2001 .
Consider Approval of Minutes of Regular Meeting of
April 18 , 2001 .
Staff Recommendation: Approve minutes as processed.
B. Consider Approval of Warrant Register-June 6 , 2001 .
Manual Warrants 105764 - 105769 & $ 79, 650 . 82
105874 - 105887 &
105899 - 105904
Voided Warrants 103193 & 103367 & $ (3 , 645 . 14)
104886 & 105587
(Pentamation additional 105875 & 105897 & 105898
remittance copies)
Payroll Liability 105888 - 105896 $ 14 , 978 . 70
Warrants
Regular Warrants 105908 - 106064 $762 , 244 . 72
Staff Recommendation: Approve the Warrant Register.
City Council Agenda
June 6, 2001
Page 6
11. CONSENT CALENDAR: (continued)
C. Consider Thousand Oaks Cab Company Subsidized Taxi
Paratransit Service Agreement . Staff Recommendation:
Approve the continuation of the subsidized taxi
service with Thousand Oaks Cab Company, and authorize
the City Manager to finalize and execute the three-
year Agreement .
D. Consider Approval of a Resolution Authorizing the
Destruction of Certain Records . Staff Recommendation:
Adopt Resolution No. 2001-
E. Consider Rejection Of Claim: Asplundh Tree Expert Co.
Staff Recommendation: Reject the claim and direct
staff to send a standard rejection letter to the
claimant .
F. Consider Rejection Of Claim: Heirs of Sergio Mendoza,
et al . Staff Recommendation: Reject the claim and
direct staff to send a standard rejection letter to
the claimant .
G. Consider Resolution No. 2001- Establishing
Holidays to be Observed by the City and Rescinding
Resolution No. 85-182 . Staff Recommendation: Adopt
Resolution No. 2001-
H. Consider Resolution No. 2001- Establishing a
Hardship Assistance Program for Mobilehome Tenants and
Rescinding Resolution No. 2000-1695 and Resolution No.
2001-1835 . Staff Recommendation: Adopt Resolution No.
2001-
I . Consider Resolution No. 2001- Approving the State-
Local Transportation Partnership Program Supplemental
Agreement No. 006 . Staff Recommendation: Adopt
Resolution No. 2001-
J. Consider Budget Amendment for the Design of Backup
Power System for Arroyo Vista Recreation Center. Staff
Recommendation: 1) Adopt Resolution No. 2001-
amending the FY 2000/01 Budget by allocating $8, 000
from the General Fund Reserve for the design of a
City Council Agenda
June 6, 2001
Page 7
11. CONSENT CALENDAR: (continued)
backup power system for the Arroyo Vista Recreation
Center and sewer pump, and 2) authorize the City
Manager to execute an amendment to the City' s
Agreement with Lundeen and Associates to perform the
design work. (ROLL CALL VOTE REQUIRED)
K. Consider Resolution in Support of San Nicolas Island
Surface Transportation Facility and Four Additional
C130-J Aircraft for California Air National Guard,
Channel Islands Station, Port Hueneme . Staff
Recommendation: Adopt Resolution No. 2001-
L. Consider Resolution Appointing a City Attorney and
Rescinding Resolution No. 84-108 and Approval of a
Third Addendum to Agreement for City Attorney
Services . Staff Recommendation: 1) Adopt Resolution
No. 2001- , appointing Joseph M. Montes as City
Attorney and rescinding Resolution No. 84-108, and 2)
Authorize the Mayor to approve the Third Addendum to
the Agreement for City Attorney Services with Burke,
Williams & Sorensen, with final language approval by
the City Manager.
12 . ORDINANCES:
A. Consider Re-Introduction of Ordinance No. 271 for
First Reading--An Ordinance Adopting Zoning Ordinance
Amendment ZOA 2001-02 to Title 17, Zoning, of the
Municipal Code of the City of Moorpark, by Amending
Chapter 17 .44 "Entitlement Process And Procedure" and
Chapter 17 . 60 "Amendments to this Title" . (Continued
from City Council Meeting of May 16, 2001. ) Staff
Recommendation: Introduce Ordinance No. 271 for first
reading.
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)
City Council Agenda
June 6, 2001
Page 8
13 . CLOSED SESSION: (continued)
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)
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 Co. , an Illinois corporation;
WAUSAU, a Mutual Company, a Wisconsin corporation; and
City of Moorpark, a California public entity (Case No.
SC CIV198723)
City Council Agenda
June 6, 2001
Page 9
13 . CLOSED SESSION: (continued)
H. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956 . 8)
Property: (APN 511-0-050-175)
City Negotiator: Steven Kueny, City Manager
Negotiating Parties : The City of Moorpark and In Young
Kim
Under Negotiation: Price and terms of payment
Property: (APN 512-0-150-765)
City Negotiator: Steven Kueny, City Manager
Negotiating Parties : The City of Moorpark and Louis L.
Borick
Under Negotiation: Price and terms of payment
I . PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title : Assistant City Manager, Assistant to 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, and Director of Public Works
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, ATCM/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) 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, 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, June 6, 2001, at 6 : 30 p.m. in the Council
Chambers of the Moorpark Community Center, 799 Moorpark Avenue,
Moorpark, California, was posted on June 1, 2001, 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 June 1, 2001 .
fY ,
La-Dell VanDeren, Deputy City Clerk