HomeMy WebLinkAboutAGENDA 1999 0602 CC REGOrdinance No. 256
Resolution No. 99 -1614
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, JUNE 2, 1999
7:00 P.M.
Moorpark Community Center
1. CALL TO ORDER:
2. INVOCATION:
Silent Moment of Reflection
3. PLEDGE OF ALLEGIANCE:
4. ROLL CALL:
799 Moorpark Avenue
------------------------------------------------------------------------------
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. 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 529 -6864.
City Council Agenda
June 2, 1999
Page 2
5. PROCLAMATIONS AND COMMENDATIONS:
A. Recognize Celia LaFleur for 15 Years of Service as a
City Employee
B. Recognize Start of Moorpark Centennial Celebration
C. Introduction of Starrett Kreissman, Director of
Library Services
6. PUBLIC COMMENT:
AT THIS POINT IN THE MEETING THE COUNCIL WILL RECESS TO 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be withdrawn from the Consent Calendar shall be identified at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 Lime.)
8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
9. PUBLIC HEARINGS:
A. Consider General Plan Amendment No. 96 -1, Zone Change
No. 96 -2, Vesting Tentative Tract No. 5053,
Residential Planned Development Permit No. 96 -1, and
Development Agreement No. 98 -2 (Pacific Communities)
Relating to Proposal for 303 Residential Lots Located
on the South Side of Los Angeles Avenue in the
Vicinity of Goldman and Shasta Avenues (Assessor
Parcel Nos.: 506 -0 -03 -135, 145, 155, 165 and 185).
(Continued from March 3, 1999, with public hearing
open.) Staff Recommendation: 1) Accept public
testimony and close the public hearing on General Plan
Amendment No. 96 -1, Zone Change No. 96 -2, Residential
Planned Development Permit No. 96 -1, and Development
Agreement No. 98 -2; 2) Review, consider, and approve
the Mitigated Negative Declaration and Mitigation
Monitoring Program; 3) Adopt Resolution No. 99- ,
approving General Plan Amendment No. 96 -1; 4)
Introduce Ordinance No. approving Zone Change No.
96 -2 for first reading; 5) Adopt Resolution No. 99-
approving Vesting Tentative Tract No. 5053 and
Residential Planned Development Permit No. 96 -1; and
City Council Agenda
June 2, 1999
Page 3
9. PUBLIC HEARINGS: (Continued)
6) Introduce Ordinance No. approving the
Development Agreement between the City and Pacific
Communities, for first reading.
B. Consider Request by Archstone Communities for Approval
of General Plan Amendment No. 97 -3 for a Change in the
Land Use Designation of the General Plan from General
Commercial (C -2) to Very High Density Residential
(VH), Zone Change No. 97 -7 to Change the Zoning
Designation of the Property from CPD (Commercial
Planned Development) to RPD 16.2 (Residential Planned
Development 16.2 Units per Acre Maximum) Residential
Planned Development Permit No. 97 -1 for Construction
of 312 Apartment Units, Property Located on the West
Side of Moorpark Avenue, South of Los Angeles Avenue
Adjacent to the Arroyo Simi (APN 506 -0- 050 -275).
(Continued from May 19, 1999, with public hearing
open.) Staff Recommendation: 1) Close the public
hearing on General Plan Amendment No. 97 -3, Zone
Change No. 97 -7 and Residential Planned Development
Permit No. 97 -1; 2) Review, consider and approve the
Mitigated Negative Declaration and Mitigation
Monitoring Program; 3) Adopt Resolution No. 99-
approving General Plan Amendment No. 97 -3; 4)
Introduce Ordinance No. approving Zone Change No.
97 -7 for first reading; and 5) Adopt Resolution No.
99- approving Residential Planned Development
Permit No. 97 -1.
C. Consider Request by Archstone Communities for
Development Agreement No. 97 -1 for Property Located on
the West Side of Moorpark Avenue, South of Los Angeles
Avenue Adjacent to the Arroyo Simi (APN. 506- 0 -050-
275). Staff Recommendation: 1) Open the public
hearing, accept public testimony, and close the public
hearing on Draft Development Agreement 97 -1; 2)
Introduce Ordinance No. approving Development
Agreement No. 97 -1 between the City of Moorpark and
Archstone Communities, for first reading.
City Council Agenda
June 2, 1999
Page 4
9. PUBLIC HEARINGS: (Continued)
D. Consider Final Review and Changes to the Engineer's
Report for AD84 -2 and the Adoption of a Resolution
Confirming the Assessment Amounts for Fiscal Year
1999/00. Staff Recommendation: 1) Open the public
hearing, receive testimony and close the public
hearing; 2) Continue all other matters to the date of
the Budget Workshops and /or June 16, which ever occurs
first. (Note: Subsequent to the budget workshop
meetings, but no later than June 30, 1999, staff
recommends that the City Council take the following
actions: a) make the changes to the Engineer's Report
listed in Exhibit 3 of the Agenda Report; b) make any
other final desired changes to the Engineer's Report
and to the proposed assessments for FY 1999/00; and,
c) adopt Resolution No. 99- (Exhibit 4) making
certain changes to AD84 -2 and confirming the
assessments for Fiscal Year 1999/00.
E. Consider Appeal of Planning Commission Decision to
Approve a Request to Construct Fifteen (15) 6 -Foot
High Cellular Antennas and a 320 Square Foot Equipment
Shelter on Property Located at 13931 East Los Angeles
Avenue on the Application of Air Touch Cellular (APN
512 -0 -160 -300) Conditional Use Permit 99 -5. Staff
Recommendation: Direct staff as deemed appropriate.
F. Conduct Public Hearing on Proposed City of Moorpark
Operating and Capital Improvements Budgets for Fiscal
Year 1999 -2000. Staff Recommendation: 1) Open the
public hearing and receive community comments; and 2)
Continue the public hearing to a date certain for
adoption of the Operating and Capital Improvements
Budgets for Fiscal Year 1999/2000.
10. PRESENTATION /ACTION /DISCUSSION:
* A. Consider Approval of Design and Specifications for the
Senior Center Expansion Project and the Adoption of
Resolution No. 99- , Appropriating Funds to Complete
the Project. Staff Recommendation: 1) Approve the bid
plans and specifications for the Senior Center
Expansion Project, including the base bid, Alternates
* Items Deemed by the City Manager to be High Priority
City Council Agenda
June 2, 1999
Page 5
10. PRESENTATION /ACTION /DISCUSSION: (Continued)
A, B, and C, and termite extermination work as
outlined in the Agenda Report, and direct staff to
advertise and release said bid; 2) Authorize the
reallocation of CDBG Funds in the amount of $28,646
from Affordable Housing to the Senior Center Expansion
Project; and 3) Adopt Resolution No. 99- ,
appropriating $27,925 from the AAA Grant, $244,930
from previous year's CDBG funding allocations, and
$27,355 FEMA funding (all from Fund (245), and
transferring $28,646 in CDBG Funds from General Fund
Reserves (100) to the Senior Center Expansion Project
(400.702.5021.804.xxxx). ROLL CALL VOTE REQUIRED
B. Consider Retaining Wall Alternatives on Los Angeles
Avenue East. Staff Recommendation: Authorize staff to
proceed with the design and right of way acquisition
for a non - landscaped "Keystone" type retaining
structure.
C. Consider Resolution No. 99- Ratifying the Ventura
County Fire Protection District Ordinance No. 23
Appendix VII Pertaining to Building Standards for
Application within the City of Moorpark. Staff
Recommendation: Adopt Resolution No. 99- ratifying
Ventura County Fire Protection District Ordinance No.
23 Appendix VII pertaining to building standards for
application within the jurisdictional boundaries of
the City of Moorpark.
D. Consider Approval of Request for Proposals (RFP) for
Design Services for a Traffic Signal Interconnect
System on New Los Angeles Avenue /Los Angeles Avenue
and on Tierra Rejada Road. Staff Recommendation:
Approve the subject Request for Proposals (RFP) for
the design of the Traffic Signal Interconnect project
and authorize staff to distribute said document to
interested firms.
E. Consider Refund of Swap -Meet Vendor Business
Registration Fees. Staff Recommendation: Authorize a
1009, refund of the Business Registration fees paid by
Moorpark swap -meet vendors.
City Council Agenda
June 2, 1999
Page 6
10. PRESENTATION /ACTION /DISCUSSION: (Continued)
* F. Consider Approval of Cooperative Agreements between the
City and Caltrans Pertaining to the State's
Relinquishment to the City of Spring Road from New Los
Angeles Avenue Northerly to High Street, and Los Angeles
Avenue from High Street Easterly and Northerly to the
Route 118 Freeway at Princeton Avenue, said Street
Segments Being the Prior Alignment of State Route 118.
Staff Recommendation: Authorize the Mayor to execute
the subject two Agreements pertaining to the
relinquishment to the City by Caltrans of that portion
of Spring Road and Los Angeles Avenue previously used
as the alignment of a portion of State Route 118,
subject to final language approval by the City
Attorney and City Manager.
* G. Consider City Council Meeting Summer Recess. Staff
Recommendation: Determine date for Council summer
recess, and direct staff to post a notice of meeting
cancellation for the selected date.
11. CONSENT CALENDAR:
A. Consider Approval of Minutes of Regular City Council
Meetina of January 20, 1999.
Consider Approval of Minutes of Special Joint City
Council and Planning Commission Meeting of March 31,
1ggq_
Consider Approval of Minutes of Special City Council
Meeting of May 12, 1999.
Consider Approval of Minutes of Adjourned City Council
Meetina of Mav 12, 1999.
Staff Recommendation: Approve minutes as processed.
* Items Deemed by the City Manager to be High Priority
City Council Agenda
June 2, 1999
Page 7
11. CONSENT CALENDAR: (Continued)
B. Consider Approval of Warrant Reqister of June 2, 1999.
Fiscal Year 1998/99
Manual Warrants
Voided Warrants
44459
44556 - 44559
42533 & 42658
42705 & 44267
44555
$ 2,259.21
$ (475.50)
Regular Warrants 44560 - 44604 - D $112,263.12
44605 - 44676 - V $340,653.16
Staff Recommendation: Approve the Warrant Register.
C. Consider Bids for the Tierra Rejada Road Storm Drain
Inlet Project. Staff Recommendation: 1) Award a
contract to J &H Engineering General Contractors, Inc.
in the amount of $34,641 for the construction of the
subject project; 2) Approve a construction contingency
in the amount of $4,359 and authorize the City Manager
to approve additional work, if required, for a cost
not to exceed said contingency; and 3) Authorize the
City Manager to sign necessary contract documents.
D. Consider a One -Year Extension to an Agreement with
Coach USA Antelope Valley Bus to Provide Operations
and Maintenance Services for the Moorpark City Transit
Bus. Staff Recommendation: Approve exercising a one -
year extension to the Agreement and direct staff to
execute a letter of extension.
E. Consider Resolution No. 99- Approving Program
Supplement No. M003 to City /State Agreement No. 07-
5436 related to the 1999 Asphalt Overlay Project.
Staff Recommendation: Adopt Resolution No. 99-
approving the subject Supplemental Agreement and
authorizing the Mayor to execute said document on
behalf of the City Council.
City Council Agenda
June 2, 1999
Page 8
11. CONSENT CALENDAR: (Continued)
F. Consider Bids for the 1999 Asphalt Overlay Project.
Staff Recommendation: 1) Adopt Resolution No. 99-
approving an amendment to the FY 1998/99 Budget by
increasing the appropriation and budget for the
subject project as follows: a) Fund 244: from $480,000
to $663,999 ($183,999 increase); b) Fund 246: from $0
to $77,154 ($77,154 increase); c) Fund 203: from
$334,477 to $691,847 ($357,370 increase); 2) Award a
contract to Nye & Nelson, Inc. in the amount of
$1,306,148.25 for the construction of the subject
project; 3) Approve a ten percent (10`0) contingency
for the project and authorize the City Manager to
approve additional work, if required, for a cost not
to exceed said contingency; and 4) Authorize the City
Manager to sign necessary contract documents. ROLL
CALL VOTE REQUIRED
G. Consider Adoption of a Resolution Directing Planning
Commission to Set a Public Hearing and Provide a
Recommendation on a Code Amendment Related to
Provision for Retail Commercial Uses Within the
Commercial Office (C -O) Zone Within the Downtown
Specific Plan Area. Staff Recommendation: Adopt
Resolution No. 99-
H. Consider Acceptance of Planning Technician Job
Classification Description and Adoption of Resolution
No. 99- Amending the City's Classification Plan by
Adding the Job Description of Planning Technician.
Staff Recommendation: Adopt Resolution No. 99- ,
Establishing a Classification Plan and Job
Descriptions for Non - Competitive and Competitive
Service Employees, including the job description of
Planning Technician, and Rescinding Resolution No. 98-
1460 (all other existing job descriptions will be
included with the new resolution and remain
unchanged).
City Council Agenda
June 2, 1999
Page 9
12. ORDINANCES:
A. Consider Ordinance No. 254 Amending Section 5.52.140
of the Municipal Code Pertaining Only to the Hardship
Provision. Staff Recommendation: Waive full reading
and declare Ordinance No. 254 read for the second time
and adopted as read.
B. Consider Ordinance No. 255 Amending Section 2.04.010,
Meetings -Time, of Chapter 2.04, Title 2, of the
Moorpark Municipal Code. Staff Recommendation: Waive
full reading and declare Ordinance No. 255 read for
the second time and adopted as read.
13. CLOSED SESSION:
w
CONFERENCE WITH LEGAL COUNSEL
Significant
Subdivision
Code: (Number
exposure to
(b) of Section
of cases to be
- ANTICIPATED LITIGATION
litigation pursuant to
54956.9 of the Government
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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: Assistant City Manager, City Attorney, City
Clerk, City Manager, City Engineer, Chief of Police,
Director of Community Development, Director of
Community Services, Public Works Director
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. SCO21825)
E. 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)
City Council Agenda
June 2, 1999
Page 10
13. CLOSED SESSION: (Continued)
F. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
Villa Del Arroyo, LTD., a limited partnership vs. City
of Moorpark
G. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
Hidden Creek Ranch, LP, a California Limited
Partnership vs. The City of Moorpark and to Real
Parties in Interest: Clint Harper, Roseann Mikos,
Andrew Prokopow, and Committee to Qualify Hidden Creek
Referendum Controlled by Clint Harper and Roseann
Mikos (Case No. SCO21959)
H. 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
I. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
The Environmental Coalition of Ventura County vs. City
of Moorpark, the City Council of the City of Moorpark,
and Ventura Local Agency Formation Commission (Case
No. SCO23378)
J. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
Alice Rowan vs. City of Moorpark (Case No. SH089680)
K. 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
City Council Agenda
June 2, 1999
Page 11
13. CLOSED SESSION: (Continued)
L. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Government Code Section 54957.6)
Agency Designated Representative: Steven Kueny
Unrepresented employees: Assistant City Manager,
Administrative Services Manager, City Clerk, Director
of Community Development, Director of Community
Services, Director of Public Works, Finance /Accounting
Manager, 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) 529 -6864. Notification 48
hours prior to the meeting will enable the City to make
reasonable arrangements to ensure accessibility to this meeting
(CFR 35.102- 35.104 ADA Title II).
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK
AFFIDAVIT OF POSTING
1, Lisa Pope, 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, June 2, 1999, at 7:00 p.m. in the Council
Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was
posted on May 28, 1999, at a conspicuous location near the place of the meeting:
Moorpark Community Center
799 Moorpark Avenue
Moorpark, California
1 declare under penalty of perjury that the foregoing is true and correct.
Executed on May 28, 1999.
Lisa Pope, Deputy City Clerk