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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. --------------------------------------------------------------------------------------- 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 REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure Section 2.9, Items to be withdrawn from the Consent Calendar shall be identified at this time.) 8.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: ----------------------------------------------------------------------------- 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).