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Ordinance No. 274
Resolution No. 2001-1879
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, SEPTEMBER 5, 2001
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:
4 . ROLL CALL:
5 . PROCLAMATIONS AND COMMENDATIONS:
A. Certificate of Recognition for Mike Chilton.
B. Certificate of Recognition for Kurt Fasmer.
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
September 5, 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to be withdrawn from the Consent Calendar shall be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:
10 . PRESENTATION/ACTION/DISCUSSION:
A. Consider County of Ventura' s Moorpark Road Realignment
Project . (Continued from August 1, 2001) . Staff
Recommendation: Direct staff as deemed appropriate .
B. Consider Revisions to Mobilehome Rehabilitation Loan
Program. Staff Recommendation: Modify City' s
Mobilehome Rehabilitation Loan Program Guidelines as
follows : 1) Incorporate credit history and mortgage
history standards from Housing and Community
Development (HCD) Rehabilitation Loan Underwriting
requirements; 2) Increase loan term to 15 years, both
for 0% deferred loans (for Very Low Income households)
and for 3% amortizing loans (for Low Income
households) ; 3) Lien position to be no lower than 2nd
position, in order of recording, unless HCD loan or
combined HCD/City loan has already been made to
borrower, in which case City loan position may be in
no lower position than 3rd, behind an HCD loan or
combined HCD/City loan in 2nd position; 4) Increase
maximum loan-to-value for all liens (including
anticipated loans of HCD funds and City Housing Trust
funds) to 70% of current appraised value; and 5)
Increase maximum City loan amount to $10, 000, and
maximum total loan amount to $20, 000, of combined HCD
and City funds .
City Council Agenda
September 5, 2001
Page 3
10 . PRESENTATION/ACTION/DISCUSSION: (continued)
C. Consider Adopting a Resolution of Necessity to Acquire
Fee Title by Eminent Domain Certain Vacant Real
Property Owned by Louis L. Borick located at the
Terminus of Fitch Avenue in the City of Moorpark.
Staff Recommendation: 1) Make the findings of public
necessity as described in the staff report; and 2)
adopt Resolution No. 2001- .
D. Consider Report of Annual Development Agreement
Review, Established in Connection with 43 . 32 Acres of
Land Located West of Gabbert Road, North of the
Westerly Extension of Poindexter Avenue (A-B
Properties and Southern California Edison Company) .
Staff Recommendation: 1) Accept the Director of
Community Development ' s Report and recommendation
that, on the basis of substantial evidence, A-B
Properties and Southern California Edison Company have
complied in good faith with the terms and conditions
of the agreement; and 2) Deem the annual review
process complete for the Southern California Edison
Company' s Development Agreement and for A-B
Properties ' Development Agreement contingent upon
receipt of the outstanding entitlement processing
balance by September 30, 2001 .
E. Consider Authorizing the City Manager to Sign an
Amendment to the Revised Agreement with the Planning
and Consulting Firm of Cotton/Bridges/Associates, Inc .
(previously Cotton/Beland/Associates) for the Update
of the Housing Element of the General Plan. Staff
Recommendation: Authorize the City Manager to sign the
Amendment to the Revised Agreement for professional
services with Cotton/Bridges/Associates, Inc .
(previously Cotton/Beland/Associates) to complete the
update to the Housing Element of the General Plan.
F. Consider Approval of a Professional Services Agreement
between the City of Moorpark and Professional Design
Associates for Landscape Review and Inspection
Services . Staff Recommendation: Approve the
Professional Services Agreement between the City of
Moorpark and Professional Design Associates, subject
to final language approval of the City Manager and
City Council Agenda
September 5, 2001
Page 4
10 . PRESENTATION/ACTION/DISCUSSION: (continued)
City Attorney, and authorize the City Manager to sign
the agreement.
11. CONSENT CALENDAR:
A. Consider Approval of Minutes of Regular Meeting of
May 2, 2001 .
Consider Approval of Minutes of Regular Meeting of
May 16, 2001 .
Consider Approval of Minutes of Special Meeting of
August 1, 2001 .
Staff Recommendation: Approve minutes as processed.
B. Consider Approval of Warrant Register for the 2000-
2001 Fiscal Year - August 15, 2001 .
Voided Warrant 106433 $ (47 . 77)
Regular Warrants 106631 - 106649 & $ 6, 552 . 19
106779 - 106789 $153 , 457 . 17
Staff Recommendation: Approve the warrant register.
Consider Approval of Warrant Register for the 2001-
2002 Fiscal Year - August 15, 2001 .
Manual Warrants 106612 - 106619 $ 33 , 490 . 81
Voided Warrant 106615 $ - 0 -
Payroll Liability 106620 - 106627 & $ 16, 910 . 35
Warrants 106747 - 106755 $ 18, 174 . 94
Regular Warrants 106650 - 106746 & $ 22 , 806 .43
106756 - 106778 $1, 199, 997 . 63
Staff Recommendation: Approve the warrant register.
City Council Agenda
September 5, 2001
Page 5
11. CONSENT CALENDAR: (continued)
Consider Approval of Warrant Register for the 2000-
2001 Fiscal Year - September 5, 2001 .
Voided Warrant 106448 $ (2, 500 . 00)
Regular Warrants 106795 - 106802 & $ 3 , 246 . 18
106927 - 106936 $40 , 712 . 94
Staff Recommendation: Approve the warrant register.
Consider Approval of Warrant Register for the 2001-
2002 Fiscal Year - September 5, 2001 .
Manual Warrants 106628 - 106630 & $ 899, 253 . 00
106791 - 106794 & $ 2, 797 . 92
106916 - 106919 $ 758 , 788 . 29
Voided Warrants 106588 & 106629 & $ (751, 676 . 00)
106762 & 106771
Payroll Liability 106790 & $ 34 . 68
Warrants 106920 - 106926 $ 13 , 429 . 50
Regular Warrants 106803 - 106915 & $ 27, 670 . 96
106937 - 107009 $ 194, 695 . 62
Staff Recommendation: Approve the warrant register.
C. Consider the General Plan Annual Report, Including
Housing Element Progress Report from Year 2000 .
(Continued from City Council Meeting of July 18, 2001)
Staff Recommendation: Receive and file the attached
revised report .
D. Consider Proposed Priorities, Goals and Objectives for
Fiscal Year 2001/2002 . (Continued from August 1, 2001)
Staff Recommendation: Approve Fiscal Year 2001/2002
Mission Statement, Priorities, Goals and Objectives .
E. Consider Resolution Appointing Officers of the City to
the California Joint Powers Insurance Authority Board
of Directors and Committees and Rescinding Resolution
City Council Agenda
September 5, 2001
Page 6
11. CONSENT CALENDAR: (continued)
No. 89-594 . Staff Recommendation: Adopt Resolution No.
2001- .
F. Consider Acceptance of Storm Drain Easement at Arroyo
Vista Community Park, from the Southern California
Edison Company [SCE] . Staff Recommendation: Authorize
the City Clerk to sign the Certificate of Acceptance
for the subject Easement Deed.
G. Consider Notice of Completion for the 2000 Slurry Seal
Project . Staff Recommendation: 1) Adopt Resolution
No. 2001- approving an amendment to the FY
2000/2001 Budget by revising the appropriation and
budget for the subject project as follows : General
Fund [Fund 1000] : $8, 575 increase; and 2) Accept the
work as completed. [ROLL CALL VOTE REQUIRED]
H. Consider Notice of Completion for the Widening of Los
Angeles Avenue East of Leta Yancy Road. Staff
Recommendation: Accept the work as completed.
I . Consider Conceptual Design for the Los Angeles
Avenue/Beltramo Ranch Road Widening Project . Staff
Recommendation: Approve the conceptual design and
authorize staff to proceed with right of way
acquisition.
J. Consider Resolution Amending the Salary Plan for
Competitive Service, Non-Competitive Service, and
Hourly Employees and Rescinding Resolution No. 2001-
1861 and Consider Resolution Amending the
Classification Plan and Rescinding Resolution No.
1843 . Staff Recommendation: 1) Adopt Salary Plan
Resolution No. 2001- , and 2) Adopt Classification
Plan Resolution No. 2001-
K. Consider Approval of Resolution Adopting a Revised
Benefit Program for Management Employees and
Rescinding Resolution No. 2001-1863 . Staff
Recommendation: Adopt Resolution No. 2001- .
City Council Agenda
September 5, 2001
Page 7
11. CONSENT CALENDAR: (continued)
L. Consider Rejection Of Claim: Westfield Farms, Inc . ,
and/or Nishiden, Inc . Staff Recommendation: Reject the
claim and direct staff to send a standard rejection
letter to the claimant .
M. Consider Adoption of Resolutions Approving Future
Applications for Safe Neighborhood Parks, Clean Water,
Clean Air, and Coastal Protection Bond Act of 2000
Funds . Staff Recommendation: Adopt Resolution No.
2001- and Resolution No. 2001- approving
future Proposition 12 (Safe Neighborhood Parks, Clean
Water, Clean Air, and Coastal Protection Bond Act of
2000) grant applications (Roberti-Z'Berg-Harris Funds
and Block Grant I and II Funds) .
N. Consider FY 2001/2002 Budget Amendment for Past
Electrical Use at Arroyo Vista Community Park. Staff
Recommendation: Adopt Resolution No. 2001- ,
amending the FY 2001/2002 budget to appropriate
$24 , 829 from the General Fund Reserve Balance to the
Community Services Park Budget to pay for previously
unbilled electrical use at AVCP. (ROLL CALL VOTE
REQUIRED)
O. Consider Budget Amendment for Landscape Improvements
on Miller Parkway, AD 84-2, Zone 12 . Staff
Recommendation: Adopt Resolution No. 2001- ,
amending the FY 2001/2002 budget by transferring
$25, 000 from the Landscape and Lighting Assessment
District fund balance reserve to the Community
Services Department landscape maintenance expenditure
budget to perform landscape improvements on Miller
Parkway. (ROLL CALL VOTE REQUIRED)
P. Consider Approval of Disposal of Surplus Computer and
Related Equipment . Staff Recommendation: Adopt
Resolution No. 2001- declaring computer and
related equipment as surplus . (ROLL CALL VOTE
REQUIRED)
City Council Agenda
September 5, 2001
Page 8
11. CONSENT CALENDAR: (continued)
Q. Consider Approval of Plans and Authorization to
Advertise for the Los Angeles Avenue Median
Landscaping Project [Project 8025] and the Tierra
Rejada Road Parkway Project [Project 8019] . Staff
Recommendation: 1) Approve the project plans and
specifications for purposes set forth in Section F. of
the agenda report; and 2) authorize staff to advertise
for receipt of bids for construction.
R. Consider Acceptance of Grant Deed for Lots 4 and D,
Special Devices Business Park, Tract 5004 in
Accordance with the Development Agreement between the
City of Moorpark and Special Devices, Inc . Staff
Recommendation: Accept the grant deed for Lots 4 and
D, Amended Map of Tract Map No. 5004 .
S . Consider Amendment to Five-Year Memorandum of
Agreement (MOA) with Service Employees International
Union AFL-CIO, CLC Local 998 . Staff Recommendation:
Authorize the City Manager to approve the final
language and sign the revised MOA ending June 30,
2004 , on behalf of the City.
T. Consider Resolution Amending Personnel Rules and
Regulations for the Positions in the Competitive
Service and Rescinding Resolution No. 99-1632 . Staff
Recommendation: Adopt Resolution No. 2001- .
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)
City Council Agenda
September 5, 2001
Page 9
13 . CLOSED SESSION: (continued)
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
September 5, 2001
Page 10
13 . CLOSED SESSION: (continued)
H. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956 . 8)
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, Information Systems
Supervisor, 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, September 5, 2001, at 6 : 30 p.m. in the Council
Chambers of the Moorpark Community Center, 799 Moorpark Avenue,
Moorpark, California, was posted on August 31, 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 August 31, 2001 .
La-Dell VanDeren, Deputy City Clerk