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HomeMy WebLinkAboutAGENDA 2002 0821 CC REG cd< 0.44 <011011111P*_ %:.4•0 "AmMEMINFAIr.A. 1PlittlAINT Illkaoe; 0 P. 4, 4 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 REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure Section 2. 9, Items to be withdrawn from the Consent Calendar shall be identified at this time.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) .