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Resolution No. 2002-2023
Ordinance No. 290
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, NOVEMBER 6, 2002
6:30 P.M.
Moorpark Community Center 799 Moorpark Avenue
1 . CALL TO ORDER:
2 . PLEDGE OF ALLEGIANCE:
3 . ROLL CALL:
4 . PROCLAMATIONS AND COMMENDATIONS:
A. Introduce new City Employee, Maureen Benson, Deputy
City Clerk I .
5. PUBLIC COMMENT:
(AT THIS POINT IN THE MEETING, THE COUNCIL WILL CONVENE THE
REGULAR REDEVELOPMENT AGENCY MEETING, UNLESS CANCELLED. )
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.
Regular City Council Meeting Agenda
November 6, 2002
Page 2
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
(Pursuant to Council Rules of Procedure Section 2. 8, Items
to be withdrawn from the Consent Calendar shall be
identified at this time. )
7 . ANNOUNCEMENTS AND FUTURE AGENDA ITEMS :
8 . PUBLIC HEARINGS:
A. Consider Major Modification No. 3 to CPD No 89-01
(Mission Bell Plaza) to Allow Tenant Improvements in
the existing Theater Building for a 26, 000 Square Foot
Fitness/Sports Club with a 8, 500 Square Foot, Three
Theater Cinema, with 500 Seat Maximum, and Outdoor
Swimming Pool with Decking and Fencing. Staff
Recommendation: 1) Open the public hearing, accept
public testimony, and close the public hearing; 2)
Adopt Resolution No. 2002- approving Major
Modification 3 to Commercial Planned Development 89-01
subject to Conditions of Approval . (Staff: Barry
Hogan)
B. Consider General Plan Amendment No. 2002-04, Zone
Change No. 2002-04, Major Modification No. 1 to
Tentative Tract Map No. 5307, and Minor Modification
No. 1 to Residential Planned Development No. 2001-01,
a Request for a Change in Land Use Designation from M
(Medium Density Residential) to VH (Very High Density
Residential) , Zone Change from R-1 (Single Family
Residential) to RPD 9 . 1 Dwelling Units/Acre, the
Addition of Three Lots to an Approved 22-Lot Single-
Family Residential Subdivision, and the Construction
of Three Single Family Detached Affordable Units, on
Property Located at the Northwest Corner of Millard
Avenue and Los Angeles Avenue, on the Application of
Colmer Development Company and the City of Moorpark.
Staff Recommendation: 1) Open the public hearing,
accept public testimony, and close the public hearing;
2) Adopt the proposed Mitigated Negative Declaration;
Regular City Council Meeting Agenda
November 6, 2002
Page 3
8 . PUBLIC HEARINGS: (Continued)
3) Adopt Resolution No. 2002- approving General
Plan Amendment No. 2002-04 ; 4) Introduce Zoning
Ordinance No. for first reading; 5) Adopt
Resolution No. 2002- , approving Tract 5307 - Major
Modification No. 1, and Residential Planned
Development Permit No. 2001-01 - Minor Modification
No. 1 . (Staff: Barry Hogan)
C. Consider Re-Allocating Proceeds from Sale of 6479-B
Penn Street (Community Block Grant Funds) . Staff
Recommendation: 1) Continue this item to the City
Council meeting of November 20, 2002; and 2) Refer the
matter to the Budget and Finance Committee for
consideration prior to the City Council meeting of
November 20, 2002 . (Staff: Nancy Burns)
9. PRESENTATION/ACTION/DISCUSSION:
A. Consider Report Pertaining to the Efforts Required to
Seek a Restriction of Non-Local Truck Traffic on Route
118 between Route 23 and Route 34 . Staff
Recommendation: Direct staff to instruct Parsons to:
1) Delete the prior Task 2 (removal of the NHS
designation) from the Scope of Work; 2) Add a Revised
Task 2 to the Scope of Work to conduct a Safety
Analysis of the subject Highway Segment for the fee
amount indicated in this report; and 3) Defer work on
Tasks 3 and 4 until after the Safety Analysis has been
reviewed by the City Council . (Staff: Ken Gilbert)
B. Consider Underground Conversion of Electrical
Transmission Lines on Los Angeles Avenue. Staff
Recommendation: Direct staff to proceed with steps
necessary to develop a project for the undergrounding
of the transmission lines between Shasta Avenue and
Millard Street (Segments D & E) . (Staff: Ken Gilbert)
C. Consider Art in Public Places Project for Moorpark
Marketplace (CPD No. 2002-01) . Staff Recommendation:
Approve Zelman' s (CPD 2001-01) Art in Public Places
project as submitted. (Staff: Mary Lindley)
Regular City Council Meeting Agenda
November 6, 2002
Page 4
10 . CONSENT CALENDAR:
A. Consider Approval of Minutes of Regular Meeting of
October 8, 2002 . Staff Recommendation: Approve
minutes .
B. Consider Approval of Warrant Register for Fiscal Year
2002-2003 - November 6, 2002 .
Manual Warrants 110895 - 110895 & $ 737 . 44
110896 - 110901 $ 61, 463 . 22
Voided Warrant 110028 & $ (62 . 06)
110872 & 110875 & $ (14, 758 . 46)
111044 $ 0 . 00
Payroll Liability 110902 - 110909 $ 13, 193. 32
Warrants
Regular Warrants 110910 - 111036 & $ 29, 896. 78
111037 - 111075 $ 410, 303. 73
Staff Recommendation: Approve the warrant register.
C. Consider Amicus Support in Barden v. City of
Sacramento. Staff Recommendation: Direct the City
Attorney to sign the representation form authorizing
the City of Moorpark to be added to the amicus curiae
petition. (Staff: Deborah Traffenstedt)
D. Consider Selection of a Consultant to Prepare the
Arroyo Simi Trail Study. Staff Recommendation:
Approve selection of RRM Design Group to prepare the
subject study for a fee amount not to exceed $125, 000,
and authorize the City Manager to sign the Agreement
for this work, subject to final language approval by
the City Manager and the City Attorney. (Staff: Ken
Gilbert)
E. Consider Adjustment to the Hourly Rates Charged for
Engineering Services . Staff Recommendation: Approve a
1 . 8% increase to the rates charged for Engineering
Services, effective December 1, 2002 . (Staff: Ken
Gilbert)
Regular City Council Meeting Agenda
November 6, 2002
Page 5
10. CONSENT CALENDAR: (Continued)
F. Consider Notice of Completion for the Miller Parkway
Widening Project (Project 8032) . Staff Recommendation:
Accept the work as complete and direct the City Clerk
to record the Notice of Completion. (Staff: Ken
Gilbert)
G. Consider Adoption of Resolution Establishing the
Annual Investment Policy for the City of Moorpark.
Staff Recommendation: Adopt Resolution No. 2002-
establishing the City of Moorpark' s Investment Policy.
(Staff: Johnny Ea)
H. Consider Bond Exoneration for Burger King Project
(Cimms Inc. ) . Staff Recommendation: Authorize the
City Clerk to exonerate bonds 3SM88956900 and
3SM88957000 . (Staff: Walter Brown)
I . Consider Adoption of a Resolution Revising Rules and
Regulations Governing the Use of City Facilities and
Rescinding Resolution No. 99-1582 and Adoption of a
Resolution Revising Use Fees for the Use of City
Facilities and Rescinding Resolution No. 99-1583 .
Staff Recommendation: Adopt Resolution No. 2002-
and Resolution No. 2002- . (Staff: John Harnett)
11 . ORDINANCES:
None.
12 . 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)
Regular City Council Meeting Agenda
November 6, 2002
Page 6
12 . CLOSED SESSION: (Continued)
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
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
Regular City Council Meeting Agenda
November 6, 2002
Page 7
12 . CLOSED SESSION: (Continued)
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.
13 . 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, Maureen Benson, 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, November 6, 2002, at 6: 30 p.m. in the Council
Chambers of the Moorpark Community Center, 799 Moorpark Avenue,
Moorpark, California, was posted on November 1, 2002, at a
conspicuous place at the Moorpark Community Center, 799 Moorpark
Avenue, Moorpark, California.
I declare under penalty of perjury that the foregoing is true and
correct .
Executed on November 1, 2002 .
Maureen Benson, Deputy City Clerk
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NOTICE OF CONTINUANCE OF PUBLIC HEARING
A duly noticed public hearing regarding:
Consider Re-Allocating Proceeds from Sale of 6479-B Penn
Street (Community Block Grant Funds) .
was held on November 6, 2002, at which time the City Council
continued the open public hearing to the City Council meeting to be
held on November 20, 2002, at 6:30 p.m. , in the Community Center
located at 799 Moorpark Avenue, Moorpark, California.
Dated: November 7, 2002
)6-1'
Maureen Benson, Deputy City Clerk