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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to be withdrawn from the Consent Calendar shall be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) .