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HomeMy WebLinkAboutAGENDA 1999 1117 CC REGOrdinance No. 267 Resolution No. 99 -1678 CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, NOVEMBER 17, 1999 6:30 P.M. Moorpark Community Center 1. CALL TO ORDER: 2. INVOCATION: 799 Moorpark Avenue Pastor Dave Wilkinson, Moorpark Presbyterian Church. 3. PLEDGE OF ALLEGIANCE: Presentation of Colors and Pledge of Allegiance by Moorpark Cub Scout Pack 3601 (Citizenship Achievement). 4. ROLL CALL: 5. PROCLAMATIONS AND COMMENDATIONS: A. Introduce New City Employees, Dana Shigley, Finance Manager, and Ana Cervantes, Account Clerk I. B. Proclamation: Buckle Up for Life Challenge (11/99 through 12/2000). C. City Manager's 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 529 -6864. City Council Agenda November 17, 1999 Page 2 5. PROCLAMATIONS AND COWUMATIONS: (continued) D. Consider Nomination and Selection of Mayor Pro Tem. 6. PUBLIC COWENT: 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 time.) 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 9. PUBLIC HEARINGS: A. Consider the Tax Equity Fiscal Responsibility Act (TEFRA) Hearing Related to the Villa Del Arroyo Mobilehome Park. (Continued open Public Hearing from November 3, 1999.) Staff Recommendations: (1) Take testimony from the public; (2) Close the public hearing; and (3) Approve a motion that the TEFRA requirement of the IRS has been met and public comments have been duly recorded. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider the Requirement for Reciprocal Access through Mission Bell Plaza to Liberty Bell by Westgate Plaza (Parcel Map 5056 and CPD 96 -2). (Continued from October 6, 1999.) Staff Recommendation: Direct staff to initiate a Modification to Parcel Map 5056 to remove Condition No. 59 and Condition No. 113 respectively, which required a reciprocal access agreement, and authorize the Director of Community Development to approve the modification. B. Consider Lease Agreement with Southern California Edison for Unimproved Road at Arroyo Vista Community Park. (Continued from October 20, 1999.) Staff Recommendations: Approve the proposed Lease Agreement with Southern California Edison as outlined in the Agenda Report, subject to final language approval by the City Manager and City Attorney, and authorize the Mayor to sign on behalf of the City. City Council Agenda November 17, 1999 Page 3 10. PRESENTATION /ACTION /DISCUSSION: (continued) C. Consider Resolution No. 99- Rescinding Resolution No. 98 -1560, Updating Solid Waste Collection Fees. Staff Recommendations: 1) Approve the annual solid waste fee adjustment with the City of Moorpark Franchise Haulers as show in Attachment "A "; and 2) Adopt Resolution No. 99- , Rescinding Resolution No. 98 -1560, approving new 2000 Solid Waste Collection Fees, and updating Exhibit G of the Franchise Agreements, effective January 1, 2000. (ROLL CALL VOTE REQUIRED.) D. Status of the City's Year 2000 Preparedness. Staff Recommendation: Receive and file the report. E. Consider Bids for the Poindexter Avenue Widening Project. Staff Recommendation: 1) Adopt Resolution No. 99- approving an amendment to the FY 1999/00 Budget by increasing the appropriation and budget for the subject project from $240,000 to $336,000 ($96,000 increase); 2) Award a contract to Nye & Nelson, Inc. in the amount of $271,682.05 for the construction of the subject project; 3) Approve a contingency for the project in the amount of $28,318 [loo +] 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.) 11. CONSENT CALENDAR: A. Consider Approval of Minutes of Adjourned Meeting of June 23, 1999. Consider Approval of Minutes of Special Meeting of June 23, 1999. Consider Approval of Minutes of Special Meeting of June 23, 1999. Consider Approval of Minutes of Special Meeting of September 2, 1999. Consider Approval of Minutes of Special Meeting of September 29, 1999. Staff Recommendation: Approve minutes as processed. City Council Agenda November 17, 1999 Page 4 11. CONSENT CALENDAR: (continued) B. Consider Approval of Warrant Register - November 17, 1999. Fiscal Year 1999/00 Manual Warrants 100933 & 100943 $ 19,245.56 Voided Warrants 100823 & 100906 & $ 0.00 100908 & 101004 Regular Warrants 100945 - 101030 V $478,447.89 Staff Recommendation: Approve the Warrant Register. C. Consider Approval of an Increase to the Amount of the Construction Contingency for the Spring Road Bridge Reconstruction Project, and the Adoption of Resolution No. 99- Amending the Budget to Fund that Increase. Staff Recommendations: 1) Approve a change to the construction contingency for the subject project from ten percent (10 %) of the bid price [$235,242] to twenty -five (250) of the bid price [$588,105]; and 2) Adopt Resolution No. 99- amending the budget appropriation and amount for the subject project and approving an increase to an inter -fund loan from the Los Angeles Avenue AOC to the Spring Road /Tierra Rejada Road AOC for said project. (ROLL CALL VOTE REQUIRED.) D. Consider a Cooperative Agreement With the State Department of Health Services and Agencies Applying Pesticides for Public Health Purposes. Staff Recommendation: 1) Approve the Cooperative Agreement with the State Department of Health Services and agencies applying pesticides for public health purposes; and 2) Authorize the Mayor and staff to execute the Agreement. E. Consider Notice of Completion for the 1999 Asphalt Overlay Project. Staff Recommendations: 1) Accept the work as completed; 2) Instruct the City Clerk to file the Notice of Completion for the project; and 3) Authorize the release of the retention upon satisfactory clearance of the thirty -five (35) day lien period. City Council Agenda November 17, 1999 Page 5 12. ORDINANCES: A. An Ordinance of the City Council of the City of Moorpark, California, Amending Title 17, Zoning, of the Municipal Code by Adding Chapter 17.30 to Provide Regulations Pertaining to Lighting for Development Projects Within all Zoning Designations Within the City of Moorpark. Staff Recommendation: Declare Ordinance No. 266 read for the second time and adopted as read. 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) Villa Del Arroyo, LTD. vs. City of Moorpark (Case No. SCO23052) F. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Villa Del Arroyo, LTD., a limited partnership vs. City of Moorpark (Case No. SCO21503) City Council Agenda November 17, 1999 Page 6 13. CLOSED SESSION: (continued) G. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Villa Del Arroyo, a limited partnership, dba Villa Del Arroyo Mobilehome Park vs. City of Moorpark, California Department of Transportation, and Ventura County Flood Control District (Case No. SC 022015) H. 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) I. 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) J. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: Arroyo Vista Community Park, 4550 Tierra Rejada Road, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark, Southern California Edison, and Performance Nursery Under Negotiation: Price and terms of payment K. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: 798 Moorpark Avenue, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Laszlo B. Kovacs Under Negotiation: Price and terms of payment Property: 296 Charles Street, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, Executive Director Negotiating Parties: City of Moorpark and Benjamin Duarte Under Negotiation: Price and Terms of payment City Council Agenda November 17, 1999 Page 7 13. CLOSED SESSION: (continued) Property: 285 High Street, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Randall - Tracy Marsh Under Negotiation: Price and terms of payment Property: 297 High Street, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Randall - Tracy E. Marsh Under Negotiation: Price and terms of payment Property: 661 Magnolia Street, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: City of Moorpark and Estella Betancourt Under Negotiation: Price and terms of payment • • 1-i.�15 " 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).