HomeMy WebLinkAboutAGENDA 2001 0801 CCordinance No. 273
Resolution No. 2001 -1873
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, AUGUST 1, 2001
6:30 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. INVOCATION:
Pastor Errol Hale, Shiloh Community Church.
3. PLEDGE OF ALLEGIANCE:
4. ROLL CALL:
5. PROCLAMATIONS AND COMMENDATIONS:
6. PUBLIC COMMENT:
AT THIS POINT IN THE MEETING, THE COUNCIL WILL RECESS TO
CONVENE THE REDEVELOPMENT AGENCY.
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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 1, 2001
Page 2
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to be withdrawn from the Consent Calendar shall be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 Final Review and Changes to the Engineer's
Report for Assessment District 01 -3 (Cabrillo Economic
Development Corporation - Tentative Tract 5161) and
the Adoption of a Resolution Confirming the Assessment
Amounts for Fiscal Year 2001/02. Staff Recommendation:
1) Open the public hearing, receive testimony, and
close the public hearing; 2) Approve Engineer's Report
for AD01 -3 for FY 2001/02, with no changes from the
report approved by City Council Resolution No. 2001-
1871; and 3) Adopt Resolution No. 2001- confirming
the assessments for AD01 -3 for FY 2001/02.
10. PRESENTATION /ACTION /DISCUSSION:
A. Consider Teen Council Appointments and Amendments to
Teen Council _Guidelines. (Continued from July 18,
2001) Staff Recommendation: 1) Adopt amendments to the
Teen Council Guidelines consistent with the staff
report and direct staff to include the Teen Council
Guidelines in the next update of the City Council
Policies Resolution; and 2) Make appointments to the
Teen Council for a one -year term to begin on July 1,
2001.
B. Consider a Reauest to Modifv Condition of ADDroval No.
1 of Conditional Use Permit No. 94 -01 of Moorpark
Country Club Estates to Reduce the Number of Holes of
Play for the Required Golf Courses from Thirty -six
(36) Holes to Twenty -seven (27) Holes and Addendum No.
4 to the Certified Environmental Impact Report (EIR)
(SCH #9408175) - Toll Bros. Inc., Applicant.
(Continued from July 18, 2001) Staff Recommendation:
1) Accept public comment; 2) Consider the request to
modify the number of holes of play of the golf courses
as conditioned under CUP 94 -01, and approve Addendum
No. 4 to the project certified Environmental Impact
Report; and 3) Adopt Resolution No. 2001- granting
City Council Agenda
August 1, 2001
Page 3
10. PRESENTATION /ACTION /DISCUSSION: (continued)
Minor Modification No. 3 to the Country Club Estates
Project.
C. Consider Approval of Proposed City Goals and
Objectives for Fiscal Year 2001 -2001. (Continued from
June 20, 2001). Staff Recommendation: Approve City
Goals and Objectives for Fiscal Year 2001/2002.
D. Consider Planning Commission Recommendation Concerning
the Alternative Architectural Themes for a Proposed
Retail /Commercial Center Including Target and Kohl
Department Stores at the Southwest Quadrant of New Los
Angeles Avenue and Highway 23. Staff Recommendation:
1) Consider and discuss the presentation by applicant
and recommendation from the Planning Commission; and
2) Direct staff as deemed appropriate.
E. Consider County of Ventura's Moorpark Road Realignment
Project. Staff Recommendation: Direct staff as deemed
appropriate.
F. Consider_ First Amendment to Settlement Agreement among
City of Moorpark, Toll CA GP Corp., and Toll CA, L.P.
Staff Recommendation: Approve First Amendment subject
to final language approval of City Attorney and City
Manager and authorize the Mayor to sign on behalf of
the City.
G. Consider Amendment to Lease Agreement with Moorpark
Unified School District at 30 Flory Avenue for
Expansion of Moorpark Police Services Center. Staff
Recommendation: Approve Amendment subject to final
language approval of City Manager and City Attorney
and authorize City Manager to sign on behalf of the
City.
11. CONSENT CALENDAR:
A. Consider Approval of Minutes of Special Joint Meeting
of City Council and Planning Commission of _May 17,
2001.
Staff Recommendation: Approve minutes as processed.
City Council Agenda
August 1, 2001
Page 4
11. CONSENT CALENDAR: (continued)
B. Consider Approval of Warrant Register for 2000 -2001
Fiscal Year - August 1. 2001.
Manual Warrants 106304 — 106315 & $ 3,705.13
106544
Voided Warrants 106310 & 106311 $ (0.00)
(Pentamation additional 106557
remittance copies)
Regular Warrants 106546 - 106563 $235,181.16
Staff Recommendation: Approve the Warrant Register.
C. Consider Approval of Warrant Register for 2001 -2002
Fiscal Year — August 1, 2001.
Manual Warrants
106298
— 106299
&
$
474,238.94
106301
&
106316
— 106320
&
106531
— 106532
&
106542
— 106543
&
106545
Voided Warrant
106317
$
(23,580.00)
Payroll Liability
106321
— 106328
&
$
13,531.18
Warrants
106533
— 106541
$
16,601.72
Regular Warrants
106467
— 106530
&
$1,018,325.35
106564
— 106611
$
74,715.29
Staff Recommendation: Approve the Warrant Register.
D. Consider Adoption of Resolution Amending the FY
2001/02 Budget for Portable Restroom Rentals. Staff
Recommendation: Adopt Resolution No. 2001 -1, amending
the FY 2001/02 Budget by $1,200 for the rental of
portable restrooms during the Moorpark Packer Football
season.
City Council Agenda
August 1, 2001
Page 5
11. CONSENT CALENDAR: (continued)
E. Consider Request from Moorpark Kiwanis To Waive Park_
Rental Fees for a Softball Tournament. Staff
Recommendation: Approve the requ
Moorpark to waive park rental
their Girls Softball Tournament,
pay all direct costs incurred by
one staff person dedicated to the
est from Kiwanis of
Eees associated with
provided that they
the City, including
Tournament.
F. Consider Request by Roam'n Relics Car Club to Hold Car
Show on October 28, 2001 from 8 a.m. to 3 p.m. on High
Street, and to Reduce City Fees. Staff
Recommendation: 1) Waive fee for use of Redevelopment
Agency property, charge Club the contract billing rate
for police charged by the County, and charge Club the
direct cost of other staff to plan the event; 2)
Require Club to pay an encroachment permit fee ($100)
and a temporary use permit fee ($88); and 3) Require
Club to provide the City and Agency with an
indemnification agreement and name the City and Agency
as additional insureds on the Club's insurance policy.
G. Consider Authorizing the City Manager to Execute an
Amendment to Contract 99 -50; Agreement for
Professional Services Audit Services provided by
Vavrinek, Trine, Day and Company. Staff
Recommendation: Authorize the City Manager to extend
the agreement with Vavrinek, Trine, Day and Company
for audit services for audit year 2000/2001, at a cost
not to exceed $26,475.00 and for audit year 2001/2002
at a cost not to exceed $27,750.00.
H. Consider Notice of Completion for the 2000 Asphalt
Overlay Project (Including Spring Road & Los Angeles
Avenue Rehabilitation Projects]. Staff Recommendation:
1) Adopt Resolution No. 2001 - approving an
amendment to the FY 2000/2001 Budget by revising the
appropriation and budget for the subject project as
follows: General Fund [Fund 1000]: $19,724 increase;
L. A. Ave. AOC (Fund 2501]: $87,490: Total Increase
$107,214; and 2) Accept the work as completed.
City Council Agenda
August 1, 2001
Page 6
11. CONSENT CALENDAR: (continued)
I. Consider Report of Annual Development Agreement
Review, Established in Connection with a 35 Acre,
Detached Single Family Residential Unit Project
Located on the South Side of Los Angeles Avenue, West
of Leta Yancy Road (Formerly Liberty Bell Road) (Tract
5053, Pacific Communities). Staff Recommendation: 1)
Accept the Director of Community Development's Report
and recommendation that, on the basis of substantial
evidence, Pacific Communities has complied in good
faith with the terms and conditions of the agreement;
and 2) Deem the annual review process complete.
J. Consider Adoption of Resolution Amending the Fiscal
Year 2001/02 General Fund Budget for a Reward for
Information Concerning Missing Person Megan Barroso.
Staff Recommendation: Adopt Resolution No. 2001 -
amending the 2001/2002 General Fund Budget by $10,000
for a reward for information concerning mission person
Megan Barroso.
K. Consider ADnroval of Project to Construct a Double
Left -Turn Lane [West -to- South] and Other Improvements
in the Vicinity of the Intersection of Los Angeles
Avenue and Tierra Rejada Road [ Albertson's] . Staff
Recommendation: 1) Approve the Agreement subject to
final language approval of the City Manager and City
Attorney, and authorize the City Manager to sign the
Agreement between the City and Albertson's regarding
project implementation; 2) Approve the project plans
and specifications for construction and for the
purpose of establishing design immunity pursuant to
Section 830.6 of the Government Code of the State of
California; and 3) Authorize staff to advertise for
receipt of bids for the construction of the subject
project.
L. Consider Establishing Program for Employee
Resourcefulness and Creativity. Staff Recommendation:
Approve Program for Employee Resourcefulness and
Creativity and authorize the City Manager to approve
and implement the Program Guidelines.
City Council Agenda
August 1, 2001
Page 7
11. CONSENT CALENDAR: (continued)
M. Consider Approving a Policy Regarding the Placement of
Vertical Street Banners in the Public Rights -of -Way.
Staff Recommendation: 1) Approve the proposed Policy
for Banners in the Public Rights -of -Way.
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)
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 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)
City Council Agenda
August 1, 2001
Page 8
13. CLOSED SESSION: (continued)
F. 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)
G. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
A Trucking Crane Rental & Repair Company dba A.T.C.
Rentals & Repairs, Inc., a California Corporation vs.
TM Engineering, a California joint venture; Washington
International Insurance Co., an Illinois corporation;
WAUSAU, a Mutual Company, a Wisconsin corporation; and
City of Moorpark, a California public entity (Case No.
SC CIV198723)
H. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: (APN 512 -0- 150 -765)
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: The City of Moorpark and Louis L.
Borick
Under Negotiation: Price and terms of payment
I. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: Assistant City Manager, Assi
Manager /City Clerk, City Manager, City
Engineer, Chief of Police,
Administrative Services, Director
Development, Director of Community
Director of Public Works.
stant to City
Attorney, City
Director of
of Community
Services, and
J. 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
August 1, 2001
Page 9
13. CLOSED SESSION: (continued)
K. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Government Code Section 54957.6)
Agency Designated Representative: Steven Kueny
Unrepresented employees: Assistant City Manager,
Director of Administrative Services, ATCM /City Clerk,
Director of Community Development, Director of
Community Services, Director of Public Works,
Finance /Accounting Manager, Information Systems
Supervisor, Planning Manager, Principal Planner,
Recreation Superintendent, and Senior Management
Analyst.
14. ADJOURNMENT:
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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).