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HomeMy WebLinkAboutAGENDA 2002 0918 CC REG PK � FPP��� 9O 2 ilktt '4, Resolution No. 2002-2001 Ordinance No. 286 CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, SEPTEMBER 18, 2002 6:30 P.M. Moorpark Community Center 799 Moorpark Avenue 1 . CALL TO ORDER: 2 . INVOCATION: Pastor Tony Amatangelo, Life Spring Community Church 3 . ROLL CALL: 4 . PLEDGE OF ALLEGIANCE: (Part of Opening Ceremony for Senior Games, Item 5 .A. ) 5 . PROCLAMATIONS AND COMMENDATIONS: A. Opening Ceremony for Senior Games . B. Recognize Country Days Logo Contest Winner - Emily Sarpolus. C. 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 September 18, 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 REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure Section 2. 9, Items to be withdrawn from the Consent Calendar shall be identified at this time. ) 8 . ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 9. PUBLIC HEARINGS: A. Consider Amending Fiscal Year 2002-2003 Annual Action Plan of Ventura County Community Development Block Grant (CDBG) Fiscal Year 2000-2005 Consolidated Plan to Include Theater on High Project; Consider Adoption of Resolution No. 2002- to Apply for Section 108 Loan for Theater on High Project for $500, 000 from the U. S . Department of Housing and Urban Development (HUD) for Furnishings, Fixtures and Equipment (FF&E) for the Theater at 45 East High Street and for the Acquisition of 11-17 East High Street; and Consider Approving Agreement Between City of Moorpark and Janss IV Recreation for Theater on High Project . (Continued with public hearing open from September 4, 2002 meeting. ) Staff Recommendation: Direct staff as deemed appropriate. B. Consider Zoning Ordinance Amendment Case No. 2002-04, an Ordinance to Amend Chapter 17 . 30 of the Moorpark Municipal Code Related to Lighting Regulations. (Continued with public hearing open from August 21, 2002 meeting. ) Staff Recommendation: 1) Continue with the open public hearing and accept additional public testimony, and close the public hearing; 2) Adopt Resolution No. 2002- , adopting the Negative Declaration prepared on behalf of Zoning Ordinance Amendment Case No. 2002-04; 3) Introduce zone change Ordinance No. for first reading. City Council Agenda September 18, 2002 Page 3 9 . PUBLIC HEARINGS: (Continued) C. Consider General Plan Amendment No. 2002-03 and Zone Change No. 2002-03 on the Application of Toll Brothers, Inc. and the City of Moorpark to Amend the Land Use Element, Land Use Map and Zoning Map, in order to: 1) Align Land Use Designations and Zones with Lot Lines in Vesting Tentative Tract Map No . 4928; 2) Allow for a Lot Line Adjustment with an Adjacent Piece of Land for the Development of a Water Tank Site; and 3) Clarify Policy Related to the Separation of Residential Uses from Agricultural Uses . Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; 2) Adopt Resolution No. 2002- to adopt the proposed amendments to the General Plan Land Use Element and Map prepared on behalf of General Plan Amendment Case No. 2002-03; and 3) Introduce zone change Ordinance No. for first reading. D. Consider Minor Modification No. 1 to Tentative Tract Map No. 5181 and Residential Planned Development No. 99-01 to Modify the Conditions of Approval Pertaining to Drainage Matters . Applicant : TR Partners, LLC. (APN 512-0-131-070) . Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolution No. 2002- approving Minor Modification No. 1 to Tentative Tract 5181 and Residential Planned Development No. 99-01 . E. Conduct a Public Hearing to Receive Testimony to Update the City' s Library Facility Fee and Adopt a Resolution Approving the Revised Library Facility Fee. Staff Recommendation: Open the Public Hearing to receive testimony, close the Public Hearing, adopt Resolution No. 2002- revising the Library Facility Fee as identified in the Agenda Report to be effective 60 days hereafter, which will be November 18, 2002 . 10 . PRESENTATION/ACTION/DISCUSSION: A. Consider Proposed Sign Program for Commercial Planned Development Permit No. 2001-01 (Moorpark Marketplace - 357, 621 Square Foot Commercial Center) Located South of New Los Angeles Avenue, East of Miller Parkway and West of the SR-23 Freeway on the Application of Zelman City Council Agenda September 18, 2002 Page 4 10 . PRESENTATION/ACTION/DISCUSSION: (Continued) Retail Partners, Inc. (Assessors Parcel Nos. 512-0- 260-015, 085 and 105) . (Continued from September 4, 2002 meeting. ) Staff Recommendation: Approve the Master Sign Program subject to the staff recommended modifications . B. Consider Solid Waste Franchise Agreements, and Resolution Rescinding Resolution No. 2001-1924 , Updating Solid Waste Collection Fees for 2003 . (Continued from September 4, 2002 meeting. ) Staff Recommendation: 1) Approve the City' s Franchise Agreements with Moorpark Rubbish Disposal and GI Industries, subject to final language approval by the City Manager and City Attorney; and 2) Adopt attached Resolution No. 2002- , updating the Solid Waste Collection Fees effective January 1, 2003 . (ROLL CALL VOTE REQUIRED) C. Consider Ordinance to Amend Municipal Code 12 . 16, Parks, and Adopt a New Park Reservation Fees and Policies Resolution to Limit the Use of Amplified Sound in City Parks and other Use Revisions . Staff Recommendation: Introduce Ordinance No. for first reading, and adopt Resolution No. 2002- D. Consider Scheduling a Council Workshop to Review and Discuss Design of New Police Services Center. Staff Recommendation: Schedule work session to review concept design recommendations for the Police Services Center for October 9, 2002 at 6: 30 p.m. 11 . CONSENT CALENDAR: A. Consider Approval of Minutes of Regular Meeting of April 3, 2002 . Staff Recommendation: Approve minutes as processed. B. Consider Reconsideration of Approval of March 6, 2002, Regular City Council Meeting Minutes and Reconsideration of Vote on July 17, 2002 . Staff Recommendation: 1) Reconsider approval of July 17, 2002, Regular City Council meeting minutes; 2) Reconsider vote on July 17, 2002; and 3) Adopt the corrected March 6, 2002 minutes . City Council Agenda September 18, 2002 Page 5 11 . CONSENT CALENDAR: (Continued) C. Consider Approval of Warrant Register for Fiscal Year 2001-2002 - September 18, 2002 . Voided Warrant 109788 $ (39 . 58) 110375 $ (128, 926. 55) Regular Warrants 110527 - 110528 & $ 25, 599 . 24 110559 - 110565 $ 105, 084 . 59 Staff Recommendation: Approve the warrant register. D. Consider Approval of Warrant Register for Fiscal Year 2002-2003 - September 18, 2002 . Manual Warrants $ 0 . 00 Voided Warrants 110451 & 110624 $ ( 95 . 00) Payroll Liability 110551 - 110558 $ 13, 228 . 90 Warrants Regular Warrants 110529 - 110549 & $ 40, 574 . 14 110566 - 110619 & $ 11, 515 . 92 110620 - 110640 $520, 736 . 12 Staff Recommendation: Approve the warrant register. E. Consider Adoption of a Policy Resolution Regarding Local Government Involvement in the Adelphia Bankruptcy Proceedings . Staff Recommendation: Adopt Resolution No. 2002- . F. Consider Moorpark Soccer Club (MSC) Use Agreement . Staff Recommendation: Approve five-year use agreement with Moorpark Soccer Club (MSC) , 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. G. Consider Resolution Authorizing Access to Sales and Use Tax Records . Staff Recommendation : Approve Resolution No. 2002- , updating the list of City positions that are authorized access to confidential sales and use tax records, and rescinding Resolution No . 95-1108 . City Council Agenda September 18, 2002 Page 6 11 . CONSENT CALENDAR: (Continued) H. City of Moorpark General Plan Annual Report including Housing Element Progress Report - September 2001 to August 2002 . Staff Recommendation: 1) Receive and file the report; and 2) Direct staff to forward a copy of this report to: Governor' s Office of Planning and Research, State Department of Housing and Community Development, and County of Ventura Planning Division. I . Consider California Law Enforcement Equipment Program (CLEEP) Expenditures . Staff Recommendation: Approve purchase of listed equipment with CLEEP funds . ROLL CALL VOTE REQUIRED J. Consider Issues Relating to 323 Casey Road Regarding Grading, Retaining Walls and Driveway Installation. Staff Recommendation: Receive and file the report. K. A Resolution Designating the Intersection of Millard Street and Roberts Avenue to be a Stop Intersection and Directing the Placement of STOP signs at all Entrances Thereto. Staff Recommendation: Adopt Resolution No. 2002- 12 . ORDINANCES: A. Consider Ordinance No. 284, A Ordinance of the City Council of the City Of Moorpark, California, Approving Zone Change No. 2002-01 to Change the Zoning Designation from CPD (Commercial Planned Development) to RPD-20 DU/AC (Residential Planned Development 20 Dwelling Units/Acre) for a 9 . 48 Acre Site (Assessor Parcel No. 506-0-050-185 and a Portion of 506-0-050- 475) Located on Park Crest Lane at Park Lane, on the Application of USA Properties Fund. Staff Recommendation: Declare Ordinance No. 282 read for the second time and adopted as read. B. Consider Ordinance No. 285, An Ordinance of the City Council of the City of Moorpark, California, Adopting a Development Agreement between the City of Moorpark and Vintage Crest Senior Apartments, L. P. , a California Limited Partnership (USA Properties Fund, Inc. ) . Staff Recommendation: Declare Ordinance No. 282 read for the second time and adopted as read. City Council Agenda September 18, 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 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 511-0-050-270, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiation Parties : The City of Moorpark and Colin Velazquez Under Negotiation: Price and terms of payment G. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956 . 8) Property: APN 511-0-050-080, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiation Parties: The City of Moorpark and Monte Louis Abbath Under Negotiation: Price and terms of payment • City Council Agenda September 18, 2002 Page 8 13. CLOSED SESSION: (Continued) H. 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 I . PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Assistant City Manager, Assistant to City Manager/City Clerk, City Manager, City Attorney, City Engineer, Chief of Police, Administrative Services Director, Community Development Director, Community Services Director, and Public Works Director. J. PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) Title: Administrative Services Director 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) .