HomeMy WebLinkAboutAGENDA 2002 0116 CC REG Ft. CA
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111 0/4, e
,� �^ Ordinance No. 276
° /Eo Resolution No. 2002-1932
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, JANUARY 16, 2002
6 :30 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2 . INVOCATION:
Pastor Eric Sweitz, Sonrise Pacific Church.
3 . PLEDGE OF ALLEGIANCE:
4 . ROLL CALL:
5 . PROCLAMATIONS AND COMMENDATIONS:
A. City Manager' s Monthly Report .
6 . PUBLIC COMMENT:
AT THIS POINT IN THE MEETING, THE COUNCIL WILL RECESS TO
CONVENE THE REDEVELOPMENT AGENCY.
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withdrawn from the Consent Calendar shall be identified at this time.)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
January 16, 2002
Page 2
8 . ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
9 . PUBLIC HEARINGS:
A. 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. (Continued Open Public Hearing
from City Council meeting of December 5, 2001. ) Staff
Recommendation: 1) Close the public hearing and
continue this item off calendar; and 2) Direct staff
to re-advertise for public hearing upon completion of
the necessary revisions .
B. Consider Draft Ordinance Regulating Wireless
Communications Facilities within the City of Moorpark
by Adding Chapter 17 .42 and Amending Chapters 17 . 08
and 17 .20 of Title 17, Zoning, of the Moorpark
Municipal Code, and Repealing Ordinance No. 275 upon
the Effective Date of the New Ordinance (Zoning
Ordinance Amendment No. 2001-03) . (Continued Open
Public Hearing from City Council meeting of December
5, 2001) ) . Staff Recommendation: 1) Continue the
public hearing, take public testimony, and close the
public hearing; and 2) Waive full reading and
introduce Ordinance No. for first reading.
C. 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 19, 2001) . Staff Recommendation:
1) At the January 16, 2002, meeting accept public
testimony and continue the public hearing to an
Adjourned City Council meeting in January 2002 ; 2) At
the Adjourned City Council meeting, take the following
approval actions : Adopt Resolution No. 2002-
Certifying the Final Environmental Impact Report (SCH
1994081075) and approving the Mitigation Monitoring
Program; Adopt Resolution No. 2002- approving
City Council Agenda
January 16, 2002
Page 3
9 . PUBLIC HEARINGS: (continued)
General Plan Amendment 99-01; Introduce Ordinance No.
for first reading adopting Zone Change 99-01;
Adopt Resolution No. 2002- approving Vesting
Tentative Tract Map 5187 and Residential Planned
Development Permit No. 99-02 , subject to conditions of
approval, and to become effective upon the effective
date of the Zoning Ordinance; and authorize the City
Manager to make final editorial corrections to final
approval documents to achieve consistency.
D. 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 19,
2001. ) Staff Recommendation: 1) Continue to take
public testimony; and 2) Continue the public hearing
open to an Adjourned meeting in January 2002 .
E. 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) . (Continued Open Public
Hearing from City Council meeting of December 19,
2001) . Staff Recommendation: 1) Continue the public
hearing; accept public testimony; close the public
hearing; 2) Adopt Resolution No. 2002-
sustaining the Planning Commission decision to Deny
Appeal No. 2001-05, and further modifying the
conditions of approval; and 3) Direct Staff to begin
code enforcement action for removal of non-permitted
mobilehome within ninety (90) days .
F. Consider Commercial Planned Development Permit No.
2000-02 for a 2 , 868 Square Foot Jack-in-the-Box
Restaurant with Drive-through Service and a 17, 196
Square Foot Two-story Retail/Office Building on
Property Located on the South Side of Los Angeles
Avenue One Property West of the Southwest Corner of
Los Angeles Avenue / Leta Yancy Road, North of the
City Council Agenda
January 16, 2002
Page 4
9 . PUBLIC HEARINGS: (continued)
Arroyo Simi, on the Application of Jack-in-the-Box
Restaurants and Acres Realty (Assessors Parcel No.
506-0-05-050) . Staff Recommendation: 1) Open the
public hearing, accept public testimony and close the
public hearing; 2) Consider the Mitigated Negative
Declaration and Mitigation Monitoring Plan prepared
for the requested entitlements prior to making a
decision on the project; 3) Direct staff to prepare a
resolution for denial of the project without prejudice
for the reasons discussed in the agenda report .
G. Consider Dedicating Community Development Block Grant
(CDBG) Funds Authorized For Affordable Housing For
Program Year 1998 ($12, 000) to Administrative Costs
For CalHome Mobilehome Rehabilitation. (ROLL CALL VOTE
REQUIRED) Staff Recommendation: 1) Open public
hearing, accept public testimony, and close public
hearing; 2) Authorize $12, 000 in CDBG Affordable
Housing funds to be designated for CalHome mobilehome
rehabilitation program set-up and service delivery
fees for approximately 12 mobilehome rehabilitation
loans; 3) Limit each borrower' s share of the
transaction costs of a mobilehome rehabilitation loan
to the costs of appraisal and loan processing, not to
exceed $750 ; and 4) Stipulate that loan costs for each
CalHome mobilehome rehabilitation loan transaction are
to be paid by the CalHome service delivery fee (5% of
loan amount) ; borrower, subject to a maximum amount of
$750; and CDBG funds .
H. Consider Adoption of an Ordinance to Rescind Existing
Chapter 15 . 24 and Replace with New Chapter 15 .24,
Regarding Flood Damage Prevention. Staff
Recommendation: Open the public hearing, take public
testimony, and continue the public hearing open to
February 6, 2002 .
10 . PRESENTATION/ACTION/DISCUSSION:
A. Consider Approval of the Re-design of the Retaining
Walls for the Los Angeles East Improvement Project
(Project 8012) . Staff Recommendation: 1) Approve the
redesign of the retaining walls to provide for the
construction of reinforced concrete soil nailed
City Council Agenda
January 16, 2002
Page 5
10 . PRESENTATION/ACTION/DISCUSSION: (continued)
simulated rock cut wall; and 2) Use existing easement
documents and defer preparation of new easement
documents unless right-of-way costs exceed the cost of
their preparation.
11. CONSENT CALENDAR:
A. Consider Approval of Minutes of Adjourned Meeting of
December 20, 2001 .
Consider Approval of Minutes of Special Meeting of
January 9, 2002 .
Staff Recommendation: Approve minutes as processed.
B. Consider Approval of Warrant Register for Fiscal Year
2001-2002 - January 16, 2002 .
Manual Warrants 108095 - 108096 $ 28, 325 . 25
Voided Warrants 106042 & 107095 & $ (841 . 50)
107910
(Pentamation additional 107983 & 108084
remittance copy)
Payroll Liability 107960 - 107968 & $ 11, 527 . 02
Warrants 108085 - 108094 $ 16, 632 . 18
Regular Warrants 107969 - 108083 & $748, 940 . 11
108100 - 108156 & $ 11, 499 . 02
108157 - 108183 $269, 785 . 55
Staff Recommendation: Approve the warrant register.
C. Consider Use of Funds Received Pursuant to Memorandum
of Understanding with Hidden Creek Ranch LP, North
Park Village LP, and Messenger Investment Company.
Staff Recommendation: Direct staff to deposit $130, 000
of funds received pursuant to the Memorandum of
Understanding into the City Hall Improvement Fund.
City Council Agenda
January 16, 2002
Page 6
11. CONSENT CALENDAR: (continued)
D. Consider Authorizing City Manager to Approve a
Professional Services Agreement between the City of
Moorpark and California CD Creations, Inc . , for the
Scanning of City Records to Digital/Electronic Image
in the Questys Software Format . Staff Recommendation:
Authorize the City Manager to approve the Agreement
between the City and California CD Creations, Inc .
E . Consider Adjustment to the Hourly Rates Charged for
Engineering Services . Staff Recommendation: Approve a
2 . 7% increase to the rates charged for Engineering
Services, effective January 1, 2002 .
F. Consider an Agreement between the City of Moorpark,
and MSE for Regular Monthly Household Hazardous Waste
(HHW) Event Participation. Staff Recommendation: 1)
Approve the Agreement between the City of Moorpark,
and MSE Environmental Inc. for provision of Regional
Household and Conditionally Exempt Small Quantity
Generator (CESQG) Hazardous Waste Collection Program
Services, subject to final language approval by the
City Attorney and City Manager; and 2) Authorize the
City Manager to execute the Agreement .
G. Consider Resolution Designating Poindexter Avenue to
be a Through Street in the Vicinity of Endeavor Court,
and Directing the Placement of a Stop Sign at the
Endeavor Court Entrance Thereto. Staff Recommendation:
Adopt Resolution No. 2002- .
H. Consider Resolution in Support of Proposition 42, a
Measure to Restrict the Use of Gasoline Taxes to
Transportation Systems Improvements . Staff
Recommendation: Adopt Resolution No. 2002- .
I . Consider Support for Assembly Bill 1145 Regarding
Formation Proceedings for Regional Open-Space District
in Ventura County. Staff Recommendation: Support
Assembly Bill 1145 and authorize the Mayor to sign
letters of support .
12 . ORDINANCES:
City Council Agenda
January 16, 2002
Page 7
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
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 .
G. 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
City Council Agenda
January 16, 2002
Page 8
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, January 16, 2002, at 6 : 30 p.m. in the Council
Chambers of the Moorpark Community Center, 799 Moorpark Avenue,
Moorpark, California, was posted on January 11, 2002, 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 January 11, 2002 .
r
La-Dell VanDeren, Deputy City Clerk