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Resolution No. 2002-1993
Ordinance No. 285
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, AUGUST 21, 2002
6:30 P.M.
Moorpark Community Center 799 Moorpark Avenue
1 . CALL TO ORDER:
2 . INVOCATION:
Pastor Mike Woolley, Community Christian Church.
3. PLEDGE OF ALLEGIANCE :
4 . ROLL CALL:
5. PROCLAMATIONS AND COMMENDATIONS:
A. Recognition of Deputy Mike Hartmann, 2001 Moorpark
Police Officer of the Year.
B. City Manager' s Monthly Report .
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
August 21, 2002
Page 2
6. PUBLIC COMMENT:
(AT THIS POINT IN THE MEETING, THE COUNCIL WILL 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to be withdrawn from the Consent Calendar shall be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. )
6. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
9. PUBLIC HEARINGS:
A. Consider Industrial Planned Development Permit No.
2000-10, a Request to Construct an Approximately
113, 994 Square Foot Mini-Warehouse/Office Building on
a 112, 184 Square Foot Parcel Located at 875 Los
Angeles Avenue, at the Northwest Corner of Los Angeles
Avenue and Goldman Avenue, on the Application of
Asadurian Investments (Assessor Parcel No. 511-0-070-
55) . Staff Recommendation: 1) Open the public hearing,
accept public testimony, and continue the public
hearing to October 16, 2002; 2) appoint a Council Ad
Hoc Committee and direct the Committee and staff to
negotiate a proposed Development Agreement for Council
consideration on or before October 16, 2002; and 3)
direct the applicant to prepare revised plans at a FAR
of 0.76 and provide parking/loading adjacent or nearby
the ground floor units and bring back those plans for
consideration of approval by the Council with the
proposed Development Agreement.
B. Zoning Ordinance Amendment Case No. 2002-04 Consider
an Ordinance to Amend Chapter 17 . 30 of the Moorpark
Municipal Code Related to Lighting Regulations. Staff
Recommendation: 1) Open the public hearing, accept
public testimony, and close the public hearing; 2)
adopt Resolution No. 2002- , to adopt the Negative
Declaration prepared on behalf of Zoning Ordinance
Amendment Case No. 2002-04; and 3) introduce Ordinance
No. , for first reading approving Zoning Ordinance
Amendment Case No. 2002-04 . Schedule second reading
and adoption for September 4, 2002 .
City Council Agenda
August 21, 2002
Page 3
10. PRESENTATION/ACTION/DISCUSSION:
A. Consider American Youth Soccer Organization (AYSO) Use
Agreement. Staff Recommendation: Approve five-year use
agreement with American Youth Soccer Organization, as
submitted subject to final language approved by City
Manager and City Attorney and authorize the City
Manager to execute the Agreement on behalf of the
City.
B. Discussion of Traffic Issues on Cedarpine Lane. Staff
Recommendation: Direct staff as deemed appropriate.
C. Consideration of Remaining Outstanding Issues - Toll
Brothers (Moorpark Country Club Estates) . Staff
Recommendation: 1) Direct the applicant to file the
Minor Modifications and direct the Community
Development Director to approve the modifications as
indicated; 2) direct the second amendment to the
Settlement Agreement, subject to final language
approval by the City Manager and City Attorney, and
authorize the Mayor to execute said second amendment;
and 3) direct staff not to issue additional building
permits until Toll files the Minor Modification and
second amendment to the Settlement Agreement; and
staff has determined the Minor Modification
application to be complete and the second amendment to
be consistent with Council action.
D. Adopt Resolution Approving the Funding of Consultant
Services Required to Consider Formation of a New
Citywide Lighting and Landscaping Assessment District
(AD03-1) . Staff Recommendation: Adopt Resolution No.
2002- , approving an appropriation from the General
Fund Reserve to fund the subject efforts .
E. Consider Funding for Fifth Grade DARE Program. Staff
Recommendation: Direct staff as deemed appropriate.
11. CONSENT CALENDAR:
A. Consider Approval of Minutes of Special Meeting of
June 19, 2002 .
City Council Agenda
August 21, 2002
Page 4
11. CONSENT CALENDAR: (continued)
Consider Approval of Minutes of Special Meeting of
July 10, 2002 .
Consider Approval of Minutes of Special Meeting of
July 17, 2002 .
Staff Recommendation: Approve minutes as processed.
B. Consider Approval of Warrant Register for Fiscal Year
2001-2002 - August 21, 2002 .
Manual Warrants 110074 $ 4, 586.24
Voided Warrants 109920 & 110010 & $ (15, 941 .22)
110033
Payroll Liability 109853 - 109860 $ 13, 712 . 97
Warrants
Regular Warrants 109871 - 110053 & $1, 297, 722 . 90
110188 - 110229 & $ 295, 533 . 48
110351 - 110374 $ 6, 908 . 63
Staff Recommendation: Approve the warrant register.
C. Consider Approval of Warrant Register for Fiscal Year
2002-2003 - August 21, 2002 .
Manual Warrants 109744 - 109747 & $ 240, 522 . 47
109861 - 109862 &
110075 - 110079 &
110230 - 110232 $ 2, 116.46
Payroll Liability 109863 - 109870 & $13, 713 .76
Warrants 110080 - 110087 & $13, 975. 90
110233 - 110240 $ 13, 678 .37
Regular Warrants 110054 - 110073 & $ 15, 930. 70
110088 - 110187 & $182, 445. 89
110241 - 110350 $ 26, 356. 74
Staff Recommendation: Approve the warrant register.
City Council Agenda
August 21, 2002
Page 5
11 . CONSENT CALENDAR: (continued)
D. Ventura Council of Governments Revised Joint Powers
Agreement. Staff Recommendation: Ratify the revised
Joint Powers Agreement.
E . Consider Adoption of Resolution Pursuant to Public
Hearing Held July 17, 2002, for Tax Equity Fiscal
Responsibility Act (TEFRA) Related to Vintage Crest
Senior Apartments (GPA 2002-01, ZC 2002-01, RPD 2002-
02) , on Application by USA Properties Fund, Inc. Staff
Recommendation: Approve Resolution No. 2002-
F. Consider Request from Moorpark Kiwanis to Waive Park
Rental Fees for Softball Tournament. Staff
Recommendation: Approve the request from Kiwanis of
Moorpark to waive park rental fees associated with
their Girls Softball Tournament, provided that they
pay all direct costs incurred by the City, including
one staff person dedicated to the Tournament.
G. Adopt Resolution Amending the Fiscal Year 2002/2003
Budget by Establishing Project 8049 for Consultant
Services Required to Investigate the Feasibility and
Cost Related to the Possible Establishment of a
Prohibition or Restriction of Non-Local Truck Traffic
on Route 118 Between the Route 23 Freeway and Route
34 . Staff Recommendation: Adopt Resolution No. 2002-
_
, approving an appropriation and budget amendment
to fund the subject consultant services .
H. Consider Quarterly Treasurer' s Report. Staff
Recommendation: Receive and file Quarterly Treasurer' s
Report.
I . Consider Adoption of a Resolution of Intent Directing
the Planning Commission to Hold a Public Hearing and
Provide a Recommendation on a General Plan Amendment
Related to Agriculture/Residential Setbacks . Staff
Recommendation: Adopt Resolution 2002- , directing
the Planning Commission to study appropriate
amendments to the Land Use Element of the General
Plan, and provide a recommendation to the City
Council .
City Council Agenda
August 21, 2002
Page 6
11. CONSENT CALENDAR: (continued)
J. Consider Adoption of a Resolution Directing the
Planning Commission to Hold a Public Hearing and
Provide a Recommendation on Zoning Ordinance
Amendments to Chapters 17 .20 (Uses by Zone) , 17 .28
(Standards for Specific Uses) , 17. 44 (Entitlement-
Process and Procedures) , 17 . 60 (Amendments to the
General Plan, Specific Plans, Zoning Map and Zoning
Code) , and 17 . 68 (Public Notice) . Staff
Recommendation: Adopt Resolution 2002- , directing
the Planning Commission to study revisions to the
Zoning Code concerning entitlement permit processing,
and provide a recommendation to the City Council.
K. Consider Appointment of New Building Official. Staff
Recommendation: Approve the appointment of Ray Young
as the City' s Building Official under the Charles
Abbott & Associates contract.
L. Consider Rescinding Approval for Agreements with
Southern California Edison Concerning the Unimproved
Road at Arroyo Vista Community Park and Signs and
Banners. Staff Recommendation: Rescind prior approval
for the following agreements with Southern California
Edison: November 17, 1999, Lease Agreement with
Southern California Edison regarding the unimproved
road at AVCP and April 5, 2000, License Agreement for
placement of signs and banners on ornamental street
lights.
M. Consider Setting a Public Hearing to Receive Testimony
to Update the City' s Library Facilities Fee. Staff
Recommendation: Set a Public Hearing date of September
18, 2002, to receive testimony on updating the City' s
Library Facilities Fee.
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)
City Council Agenda
August 21, 2002
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 - 10)
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 and Messenger Investment Company, Inc. , a
California Corporation vs. The City of Moorpark and
City Council of the City of Moorpark (Case No.
SCO23388)
F. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956. 8)
Property: APN 504-0-021-195, Moorpark, CA 93021
Agency Negotiator: Steven Kueny, City Manager
Negotiation Parties: The City of Moorpark and Joe
Fedele
Under Negotiation: Price and terms of payment
G. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956. 8)
Property: APN 506-0-042-015, Moorpark, CA 93021
Agency Negotiator: Steven Kueny, City Manager
Negotiation Parties: The City of Moorpark and Bert and
Placide Curts
Under Negotiation: Price and terms of payment
H. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: Assistant City Manager, Assistant to City
Manager/City Clerk, City Manager, City Attorney, City
City Council Agenda
August 21, 2002
Page 8
13. CLOSED SESSION: (continued)
Engineer, Chief of Police, Director of Administrative
Services, Director of Community Development, Director
of Community Services, and Director of Public Works.
I . 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
J. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Government Code Section 54957 . 6)
Agency Designated Representative: Steven Kueny
Unrepresented employees: Assistant City Manager,
Administrative Services Director, ATCM/City Clerk,
Community Development Director, Community Services
Director, Public Works Director, Accountant I,
Assistant City Clerk, Budget and Finance 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) .