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Resolution No. 2001-1909
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, NOVEMBER 7, 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. Proclamation Recognizing November 2001 as National
Hospice Month.
B. Introduction of New Employee Joseph Fiss, Principal
Planner, in the Community Development Department .
6 . PUBLIC COMMENT:
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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
November 7, 2001
Page 2
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withdrawn from the Consent Calendar shall be identified at this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 Final Environmental Impact Report (SCH-
1994081075) , General Plan Amendment No. 99-01, Zone
Change No. 99-01, Residential Planned Development No.
99-02 and Vesting Tentative Tract Map No. 5187, to
Develop 250 Single-family Homes on a Portion of a 350-
acre Site, Located on the West Side of Walnut Canyon
Road, Approximately 3, 500 feet North of Casey Road.
Applicant : West Pointe Homes . (Continued Open Public
Hearing from City Council meeting of October 17, 2001)
Staff Recommendation: 1) Accept public testimony; and
discuss any outstanding issues; and 2) Continue this
item, Public Hearing open to December 5, 2001, or to a
date as determined by the City Council .
B. Consider Zoning Ordinance Amendment (ZOA) No. 2001-01,
Amending Chapters 17 . 08, 17 .20, 17 . 24, and 17 . 28 of
the Municipal Code Related to Recreational Vehicle
Storage and Parking. Staff Recommendation: 1) Open
public hearing; accept testimony; continue the public
hearing open to December 5, 2001 .
C. Consider Mitigated Negative Declaration/Environmental
Assessment for the Los Angeles Avenue Widening Project :
Spring Road to Moorpark Avenue [Project 80131 . Staff
Recommendation: Continue to December 5, 2001 .
10 . PRESENTATION/ACTION/DISCUSSION:
A. Consider Compressed Natural Gas (CNG) Fuel Option in
Procurement of Two (2) Transit Buses . (Continued from
City Council meeting of October 17, 2001. ) Staff
Recommendation: Authorize staff to: 1) Purchase two
new conventional fuel buses, not to exceed $300, 000,
using the State Department of General Services
contract with Creative Bus Sales; 2) Obtain an
inspection services agreement, subject to final
City Council Agenda
November 7, 2001
Page 3
10 . PRESENTATION/ACTION/DISCUSSION: (continued)
approval by the City Manager; 3) Surplus the 1995 GMC
Champion Bus; and 4) evaluate the City' s future
alternative fueling needs and provide the Council with
a recommendation on a possible future CNG fueling
station.
B. Consider a Resolution Finding and Determining that the
Public Interest, Convenience and Necessity Require the
Acquisition for Public Purposes of Certain Property
Described as a Portion of APNs 506-0-050-295 and 506-
0-050-420 and located along the South Side of Los
Angeles Avenue and West of Moorpark Avenue. Staff
Recommendation: 1) Conduct a hearing on the Resolution
of Necessity and review the evidence presented,
including this staff report and public comments and
close the hearing; and 2) Adopt Resolution No. 2001-
authorizing the commencement of eminent domain
proceedings so as to acquire the fee simple interest
in real property described therein. (FOUR-FIFTH'S
[4/5' s] AFFIRMATIVE VOTE REQUIRED)
C. Consider Approval of Proposed Development and
Financing Plan for New Civic Facilities Including City
Hall, Police Services Center and Public Works/Parks
Corporation Yard. Staff Recommendation: 1) Authorize
staff to retain necessary consulting services for the
issuance of $11 , 095, 000 in tax allocation bonds within
the next 90 days to take advantage of the present low
interest rates; 2) Prepare documents necessary for the
issuance of the tax allocation bonds for consideration
by the Redevelopment Agency Board at a special meeting
on November 13, 2001; 3) Initiate the appraisal
process for the existing buildings in the civic center
complex in anticipation of its ultimate purchase by
the Redevelopment Agency; 4) Initiate the appraisal
process for the privately-owned properties on Moorpark
Avenue, High Street, and Fitch Avenue (update of
previous appraisal) referenced in the agenda report;
5) Continue or initiate the development of plans and
specifications for the identified projects at the
recommended sites; 6) Solicit bids for the design and
construction of City Hall and the Public Works/Parks
yard; and 7) Discuss City Hall financing options with
the Budget and Finance Committee.
City Council Agenda
November 7, 2001
Page 4
10 . PRESENTATION/ACTION/DISCUSSION: (continued)
D. Consider Canceling the Regular City Council Meetings
of November 21, 2001 and January 2 , 2002 and Deferring
Selection of the Mayor Pro Tem until the December 5,
2001 Meeting. Staff Recommendation: 1) Direct staff to
post a notice of meeting cancellation for the November
21, 2001 , and January 2, 2002 regular City Council
meetings; and 2) Waive City Council Rules of Procedure
and direct staff to schedule selection of the Mayor
Pro Tem for the December 5, 2001 regular meeting.
E. Consider Proposed Development Agreement with West
Pointe Homes, Inc . Staff Recommendation: Refer the
Development Agreement to the Planning Commission for
a public hearing on November 26, 2001, and set
December 5, 2001, as the City Council public hearing
date.
11. CONSENT CALENDAR:
A. Consider Approval of Minutes of Special Meeting of
October 17, 2001 .
Staff Recommendation: Approve minutes as processed.
B. Consider Approval of Warrant Register for Fiscal Year
2001-2002 - November 7, 2001 .
Manual Warrants 107394 - 107400 & $403 , 434 . 31
107538 - 107541 $ 2 , 245 . 77
Voided Warrant 105996 & 106927 $ (1, 584 . 82)
(Pentamation additional
remittance copies)
Payroll Liability 107401 - 107411 $ 15, 289 . 84
Warrants
Regular Warrants 107412 - 107537 & $ 34, 750 . 32
107542 - 107583 $346, 192 . 79
Staff Recommendation: Approve the warrant register.
City Council Agenda
November 7, 2001
Page 5
11. CONSENT CALENDAR: (continued)
C. Consider a Cooperative Agreement with the State
Department of Health Services and Agencies Applying
Pesticides for Public Health Purposes . Staff
Recommendation: Approve the cooperative agreement and
authorize Mayor and staff to execute the Agreement .
D. Consider Participation by Moorpark Residents at
Monthly Household Hazardous Waste (HHW) Events Hosted
by the City of Thousand Oaks . Staff Recommendation:
Decline to approve a Household Hazardous Waste (HHW)
Agreement with the City of Thousand Oaks, and direct
staff to look into the desirability and feasibility of
securing small business and HHW disposal opportunities
with other jurisdictions.
E. Consider Budget Amendment and Agreements for the
Design Development of Arroyo Vista Community Park
(AVCP) Phase II . Adopt Resolution No. 2001-
amending the FY 2001/02 budget by transferring $31, 000
from the Community Zone of the Park Improvement Fund
to the AVCP Phase II project budget, and authorize the
City Manager to execute an agreement with Community
Works Design Group. (ROLL CALL VOTE REQUIRED)
F. Consider a Resolution Revising the Appropriation and
Budget for Project 8007, the Construction of a Double
Left-Turn Lane [West-to-South] and Other Improvements
in the Vicinity of the Intersection of Los Angeles
Avenue and Tierra Rejada Road [Albertson` s] . Staff
Recommendation: Adopt Resolution No. 2001-
Revising the Appropriation and Budget for Project 8007
- Los Angeles Avenue and Tierra Rejada Road Double
Left Turn Lane [Fund 25021 . (ROLL CALL VOTE REQUIRED)
G. Consider Exoneration of Improvement Bonds for Mobil
Automotive Service Station and Car Wash - Los Angeles
Avenue/Liberty Bell Road (CPD 97-1) . Staff
Recommendation: 1) Accept the improvements as
complete; and 2) Authorize the City Clerk to exonerate
the bonds outlined in the agenda report .
City Council Agenda
November 7, 2001
Page 6
11. CONSENT CALENDAR: (continued)
H. Consider Reconveyance of Certain Street Rights-of-Way
Required for the Construction of the Casey Road/
Walnut Canyon Road Traffic Signal Project . Staff
Recommendation: 1) Authorize the City Manager to
execute a Quitclaim Deed for the right-of-way,
relinquishing to Moorpark Unified School District
(MUSD) all interest in the right-of-way, and direct
the City Clerk to provide for the recordation of that
document; 2) Direct the City Clerk to execute a
Certificate of Acceptance for a new Grant Deed for the
right-of-way from MUSD to the City, and direct the
City Clerk to provide for the recordation of those
documents; and 3) Adopt Resolution No. 2001-
authorizing the City Manager to execute a Grant Deed
to Caltrans for the right-of-way and directing the
City Clerk to forward said document to Caltrans for
acceptance and recordation.
I . Consider Resolution Supporting Application by Santa
Monica Mountains Conservancy for Grant Funds for
Tierra Rejada Greenbelt Open Space Preservation and
Wildlife Corridor Protection Efforts . Staff
Recommendation: Adopt Resolution No. 2001-
12 . ORDINANCES:
A. Consider Ordinance No. 274 to Revise and Update
Chapter 10 . 04 of the Moorpark Municipal Code Regarding
Parking Prohibitions . Staff Recommendation: Declare
Ordinance No. 274 read for the second time and adopted
as read.
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
November 7, 2001
Page 7
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 REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956 . 8)
Property: 30 Flory Avenue
City Negotiator: Steven Kueny, City Manager
Negotiating Parties : The City of Moorpark and Moorpark
Unified School District
Under Negotiation: Price and terms of lease
City Council Agenda
November 7, 2001
Page 8
13 . CLOSED SESSION: (continued)
H. 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 .
14 . ADJOURNMENT:
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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) .