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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 REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure Section 2.9, Items to be withdrawn from the Consent Calendar shall be identified at this time.) -------------------------------------------------------------------------------- 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: ----------------------------------------------------------------------------- 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).