HomeMy WebLinkAboutAGENDA 2001 1219 CCOrdinance No. 275
Resolution No. 2001 -1921
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, DECEMBER 19, 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. City Manager's Monthly Report.
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withdrawn from the Consent Calendar shall be identified at this time.)
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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
December 19, 2001
Page 2
8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
9. PUBLIC HEARINGS:
A. Consideration of Certification of 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 December 5, 2001.) Staff Recommendation: 1)
Continue to accept public testimony; close the public
hearing; 2) Adopt Resolution No. 2001- certifying
the Final Environmental Impact Report (SCH 1994081075)
for the North Ranch at Moorpark development project
(West Pointe Homes); 3) Adopt Resolution No. 2001 -
approving General Plan Amendment 99 -01 for the North
Ranch at Moorpark development project (West Pointe
Homes); 4) Introduce Ordinance No. for first
reading adopting Zone Change 99 -01 for the North Ranch
at Moorpark development project; and 5) Adopt
Resolution No. 2001- approving Vesting Tentative
Tract Map 5187 and Residential Planned Development
Permit No. 99 -02 for the North Ranch at Moorpark
development project, subject to conditions as
contained therein, and authorize the City Manager to
make final corrections in language.
B. Consider Adoption of Ordinance for Approval of
Development Agreement No. 2001 -01 for West Pointe at
North Ranch (General Plan Amendment 99 -01, Zone Change
99 -01, Residential Planned Development 99 -02 and
Vesting Tentative Tract Map 5187) on the Application
of West Pointe Homes, Inc. (Continued Open Public
Hearing from City Council Meeting of December 5,
2001.) Staff Recommendation: 1) Take public testimony
and close public hearing; and 2) If an approval
decision is made on the related West Pointe project,
introduce Ordinance No. for first reading,
approving Development Agreement No. 2001 -01.
City Council Agenda
December 19, 2001
Page 3
9. PUBLIC HEARINGS: (continued)
C. Consider the Status of Interim Prohibition of Wireless
Telecommunications Facilities and Extension of
Ordinance No. 272 and Amendment of Ordinance No. 273,
Enacting a Moratorium on the Issuance of Permits for
Construction or Placement of Wireless
Telecommunications Facilities. Staff Recommendation:
1) Open the public hearing, take public testimony, and
close public hearing; and 2) Adopt Ordinance No. ,
extending Ordinance No. 272 and amending Ordinance No.
273, enacting a moratorium on the issuance of permits
for construction or placement of Wireless
Communications Facilities in the City and declaring
the urgency thereof. (4/5's vote required for adoption
of ordinance)
D. Consider the Appeal of Planning Commission Decision on
Appeal 2001 -05, Appealing Various Conditions
Established by the Director of Community Development
for Approval of Administrative Permit No. 2001 -10, to
Allow a Second Dwelling Unit at 6086 Gabbert Road.
(Applicant: Cindy Hollister) . Staff Recommendation: 1)
Open the public hearing; accept public testimony;
close the public hearing. 2) Adopt Resolution No.
2001- 1 sustaining the Planning Commission
decision to Deny Appeal No. 2001 -05.
E. Consider Report and Recommendation of the Affordable
Housing /Community Development Committee concerning
General Plan Pre - Screening Application for U.S.A.
Properties Fund, Inc. (General Plan Amendment Pre -
Screening Application No. 2001 -01). Staff
Recommendation: 1) Open public hearing; receive
testimony; close public hearing. 2) Authorize U.S.A.
Properties Fund, Inc, to submit a General Plan
Amendment application and authorize concurrent
processing of all necessary applications to develop
the senior housing project.
F. Consider a General Plan Amendment to Adopt Revised
Housing Element 2000 -2005; General Plan Amendment
2000 -02; Applicant: City of Moorpark. Staff
Recommendation: 1) Open the public hearing, receive
testimony, close the public hearing; 2) Adopt the
City Council Agenda
December 19, 2001
Page 4
9. PUBLIC HEARINGS: (continued)
Negative Declaration for the Housing Element; and 3)
Adopt Resolution No. 2001- adopting a Revised
Housing Element.
10. PRESENTATION /ACTION /DISCUSSION:
A. Consider Affordable Housing Implementation and Rental
Restriction Plan and Affordable Housing Agreement for
Archstone Communities (RPD 97 -1). Staff
Recommendation: 1) Approve the Affordable Housing
Implementation and Rental Restriction Plan; and 2)
Approve the Affordable Housing Agreement, subject to
final language approval by the City Manager, City
Attorney, and Special Legal Counsel.
B. Consider Solid Waste Collection Rate Adjustment and
Franchise Agreement Modification. Staff
Recommendation: 1) Approve an Amendment to the
existing Franchise Agreements with Moorpark Rubbish
Disposal and GI Industries, with a revised Exhibit
"H," making certain changes to the rate calculation
methodology, subject to final language approval by the
City Manager and City Attorney, and 2) Adopt
Resolution No. 2001- which updates the Solid
Waste Collection Fees, effective January 1 2002,
rescinds and replaces last year's rate Resolution No.
2000 -1799, and replaces Exhibit "G" of the Franchise
Agreements with a new rate schedule, effective January
1, 2002. (ROLL CALL VOTE REQUIRED)
11. CONSENT CALENDAR:
A. Consider Approval of Minutes of Special Meeting of
November 13, 2001.
Consider Approval of Minutes of Special Meeting of the
City Council, Redevelopment Agency and Public Finance
Authority of November 13, 2001.
Consider Approval of Minutes of Special Meeting of
December 5, 2001.
Staff Recommendation: Approve minutes as processed.
City Council Agenda
December 19, 2001
Page 5
11. CONSENT CALENDAR: (continued)
B. Consider Approval of Warrant Register for Fiscal Year
2001 -2002 - December 19, 2001.
Manual Warrants
107879 - 107887
$30,785.03
Voided Warrants
107623
$ (141.00)
Payroll Liability
107870 - 107878
$10,926.52
Warrants
Regular Warrants
107888 - 107959
$20,345.66
Staff Recommendation: Approve the warrant register.
C. Consider Letter of Support Authorizing Submittal by
the County of Ventura of a Two -Year (2002/2004)
Regional Used Oil Opportunity Grant Application to the
California Integrated Waste Management Board. Staff
Recommendation: Authorize the Mayor to sign a letter
of support for a Regional Used Oil Recycling
Opportunity Grant.
D. Consider Authorizing the City Manager to Sign an
Extension to the Revised Agreement with the Planning
and Consulting Firm of Cotton /Bridges /Associates, Inc.
(previously Cotton /Beland /Associ ate s) for the Update
of the Housing Element of the General Plan. Staff
Recommendation: Authorize the City Manager to extend
the term of the Agreement for Professional Services to
February 28, 2002, with further authority to extend
the term as deemed necessary.
E. Consider Amendment to Memorandum of Agreement (MOA)
with Service Employees International Union AFL -CIO,
CLC Local 998 Pertaining to adding a December 31
Holiday. Staff Recommendation: Authorize the City
Manager to approve the Addendum to the MOA to add a
December 31 holiday when such date falls on a Monday,
with the final language of the Addendum to be approved
by the City Manager.
City Council Agenda
December 19, 2001
Page 6
11. CONSENT CALENDAR: (continued)
F. Consider the Report Titled "Accounting of Fund
Information as Required by Section 66006 of the
California Government Code for Fiscal Year 2000/2001"
and Receive and File Said Report. Staff
Recommendation: Receive and file said report.
G. Consider a Resolution Rescinding Resolution No. 91 -748
and Revising or Reestablishing Certain Parking
Restrictions on Mountain Meadow Drive. Staff
Recommendation: Adopt Resolution No. 2001-
H. Consider Selection of Design Consultant for the
Traffic Signal Interconnect Project. Staff
Recommendation: Authorize the City Manager to execute
contract documents for the consultant services
described in the agenda report, said services not to
exceed the costs and contingencies set forth in this
report.
I. Consider a Resolution Amending City Council Policies
to Add Provisions for the Pre - Qualification of
Bidders, and Rescinding Resolution No. 99 -1671. Staff
Recommendation: Adopt Resolution No. 2001-
J. Consider Request from Carlsberg Ranch (Tracts 4973 &
4974) for the Reimbursement of Developer Costs for the
Construction of Certain Improvements Funded by the
Spring Road /Tierra Rejada Road Area of Contribution
(STR AOC). Staff Recommendation: Authorize staff to
reimburse Conejo -Simi Properties $625,109.60 for
street improvements constructed on behalf of the City,
said payment to be made upon receipt of payment of
Spring Road /Tierra Rejada Road AOC fees by one or more
developers of the Commercial /Industrial property
located at the southeast and southwest corners of New
Los Angeles Avenue and Miller Parkway.
City Council Agenda
December 19, 2001
Page 7
11. CONSENT CALENDAR: (continued)
K. Consider Caltrans /Amtrak Small Capital Improvement
Grant for a Shelter and Benches at Moorpark Station,
and Resolution No. 2001- to Amend the Fiscal Year
2001/2002 Transit Budget Accepting the Grant Revenue
and Appropriation of Funds. Staff Recommendation: Adopt
Resolution No. 2001- , amending the Fiscal Year
2001/2002 Transit Budget to reflect the grant of
$21,600 for improvements at Moorpark Station. (ROLL
CALL VOTE REQUIRED)
L. Consider Off - Street Parking Improvements for Miller
Park. Staff Recommendation: Direct that no parking
improvements be undertaken for Miller Park.
M. Consider Approval of a Resolution Authorizing the
Destruction of Certain Records. Staff Recommendation:
Adopt Resolution No. 2001-
N. Consider Two Resolutions Extending Franchise Agreements
for Cable Television Services with Adelphia
Communications Corporation. Staff Recommendation: 1)
Adopt Resolution No. 2001- (Moorpark System) ; and
2) Adopt Resolution No. 2001- (Mountain Meadows).
O. Consider Approval of Easement Agreement for the Granite
Fountain Project at the Northwest Corner of Tierra
Rejada and Mountain Trail and the Dedication of the
Public Art Site to the Victims and Heroes of the
September 11 Terrorist Attacks on the United States.
Staff Recommendation: 1) Approve the Easement Agreement
with Moorpark Partners, LLC., subject to final language
approval by the City Manager; and 2) Direct staff to
develop the appropriate September 11, 2001, dedication
message for review by the City Council.
P. Consider Approval of the 2002 Agreement for Services
with the Moorpark Chamber of Commerce. Staff
Recommendation: Authorize the City Manager to sign, the
2002 Agreement for Services between the City of
Moorpark and the Moorpark Chamber of Commerce; and 2)
Authorize funds provided by the City based on this
agreement to be released upon its approval by the City
Council.
City Council Agenda
December 19, 2001
Page 8
11. CONSENT CALENDAR: (continued)
Q. Consider Resolution Adopting Revised Deferred
Compensation Plan and Rescinding Resolution No. 98-
1532. Staff Recommendation: Adopt Resolution No. 2001 -
Amending the City of Moorpark Deferred
Compensation Plan and Trust with National Deferred
Compensation and rescinding Resolution No. 98 -1532.
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 REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 203 E. Los Angeles Ave., Moorpark, CA 93021
and 213 E. Los Angeles Ave., Moorpark, CA 93021
Agency Negotiator: Steven Kueny, City Manager
Negotiating Parties: The City of Moorpark and Wayne
Colmer
Under Negotiation: Price and terms of payment
City Council Agenda
December 19, 2001
Page 9
13. CLOSED SESSION:
F. 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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