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HomeMy WebLinkAboutAGENDA REPORT 1994 0420 CC REG 0 1Allrfik Next Res. No. 94-1028 Next Ord. 192 CITY COUNCIL / MEETING AGENDA J WEDNESDAY, APRIL 20, 1994 7:00 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Recognition of Library Telethon Essay and Poster Contests. B. Proclamation to recognize May, 1994 as Clean Air Month. C. Proclamation to recognize April 29, 1994 as Arbor Day, 1994. D. Proclamation to recognize May 2 through May 7, 1994 as HIRE A VETERAN WEEK. E. MAAC Presentation. F. Presentation by Dixie Adeniron, Director of Ventura County Library Services, relative to State Senate Bill 1448. AT THIS POINT IN THE MEETING THE COUNCIL WILL RECESS AND THE REDEVELOPMENT AGENCY WILL BE CONVENED. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: 6. PUBLIC COMMENT: 7. COMMITTEE REPORTS: Any member of the public may address the Council during the Public Comments portion of the Agenda, unless it is a Public Hearing or Discussion/Action item. Speakers who wish to address the Council concerning a Public Hearing or Discussion/Action item must do so during the Public Hearing or Discussion/Action 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 Discussion/Action items prior to the beginning of the first item of the Discussion/Action 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 Discussion/Action item speaker. A City Council Agenda April 20, 1994 Page 2 8. CONSENT CALENDAR (Roll Call Vote) : A. Consider Approval of Minutes of Regular City Council Meeting of March 16, 1994. Consider Approval of Minutes of the Special City Council Meeting of April 6, 1994. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register. Manual Warrants 22735 - 22736 $ 443 . 16 Regular Warrants 22875 - 22992 $653, 162 .42 Staff Recommendation: Approve the Warrant Register. C. Consider Authorizing Recordation of the Notice of Completion for Charles Street Rehabilitation and Storm Drain Improvement (Phase II) . Staff Recommendation: 1) Accept the work as complete; 2) Authorize the City Clerk to file the Notice of Completion; 3) Authorize the release of the retention upon clearance of the thirty-five (35) day lien period. D. Consider Resolution No. 94- of the City Council of the City of Moorpark Approving and Authorizing the City Manager to Execute a Cooperation Agreement By and Between the Moorpark Redevelopment Agency and the City of Moorpark (Metrolink Block Wall) . Staff Recommendation: Adopt Resolution No. 94- authorizing the City Manager to execute the Cooperation Agreement by and between the City of Moorpark and the Moorpark Redevelopment Agency. RESOLUTION NO. 94- E. Consider In-House Parking Citation Hearing Officer. Staff Recommendation: Authorize the City Manager to execute a service agreement for Hearing Officer Services with Robert Coughlon, Jr. , and initiate an in-house program. City Council Agenda April 20, 1994 Page 3 8. CONSENT CALENDAR (Roll Call Vote) : (Continued) F. Consider Approval of the Agreement Between the City of Moorpark and Easy Oil for the Lease of Equipment for the Collection of Used Oil and Authorize the City Manager to Sian the Agreement on Behalf of the City. Staff Recommendation: Approve the Agreement between the City of Moorpark and Easy Oil for the lease of used oil collection equipment and authorize the City Manager to sign the Agreement on behalf of the City, pending final language approval by the City Manager and City Attorney. G. Consider Opposing a Proposal to Transfer Solid Waste Permitting and Enforcement Authority to the State. Oppose the proposal to transfer solid waste permitting and enforcement authority to the State and authorize the Mayor to communicate the City's position to Governor Wilson, the appropriate legislative representatives and to the Integrated Waste Management Board. H. Consider Approving Payment for the City's Share of the Ventura Council of Government's Expenses. Staff Recommendation: Approve payment of $209. 00 from line item 01.4. 117. 634 (membership and dues) as membership payment to the Ventura Council of Governments for City's share of expenses. I. Consider Acceptance for Landscape Easement Deed at the Northwest Corner of Shasta Avenue and Los Angeles Avenue (Lopez) . Staff Recommendation: Approve the Certificate of Acceptance and authorize the City Clerk to record the Easement Deed. J. Consider Approval of an Amendment to Increase the Contract Amount for Striping Services with Safety Striping Services, --- Inc. Staff Recommendation: Approve an amendment to the Maintenance Service Contract with Safety Striping Services, Inc. to increase the contract amount from $32 ,764 . 87 to $39, 051.87 ($6,287 increase) . K. Consider Selection of Traffic Counts, Inc. to Prepare a Traffic Speed Study. Staff Recommendation: 1) Approve the selection of Traffic Counts, Inc. to perform a Traffic Speed Study for a fee amount of $7,750. 00; 2) Approve a ten per cent (10%) contingency and authorize the City Manager to approve additional work, if required, not to exceed said contingency; and, 3) Authorize the Mayor to sign necessary contract documents. M1 City Council Agenda April 20, 1994 Page 4 8. CONSENT CALENDAR (Roll Call Vote) : (Continued) L. Consider Minor Modification No. 8 to Commercial Planned Development No. 89-2 (Mission Bell Plaza) on the Application of Shell Oil Company. Staff Recommendation: Receive and file the report. M. Consider Staff's Reauest to Schedule a Joint City Council/Planning Commission Workshop For Specific Plan Number 1 (The Levy Company) . Staff Recommendation: Direct staff to schedule a joint City Council/Planning Commission public workshop for the Specific Plan Number 1 project for May 25, 1994. N. City Manager Approved Contract with William-Steve Moro, In the Amount of $360. 00, for Implementation of the Urban Streams Restoration Grant. Staff Recommendation: Receive and file the report. O. City Manager Approved Contract with Daniel Hoffman, In the Amount of $450.00, for Implementation of the Urban Streams Restoration Grant. Staff Recommendation: Receive and file the report. P. Consider Installation of Security Fence Behind City Hall. Staff Recommendation: 1) Approve the installation of an eight foot chain link security fence behind City Hall and a wrought iron gate and fence to the east of the entrance to the City Council Conference Room; 2) Appropriate $1800 from the General Fund Reserves for the purpose of fence installation as described in the report and transfer to 01. 149. 642, and 3) Authorize the City Manager to sign the agreement. Q. Consider Adoption of Resolution No. 94- Opposing the - - California Uniform Tobacco Control Law. Staff Recommendation: Adopt Resolution No. 94- RESOLUTION NO. 94- R. Consider Opposition of AB 3505, Reallocation of Sales Tax; AB 2673, Water District Oversight; and AB 2983 , Building Standard Appeals. Staff Recommendation: Oppose AB 3505, reallocation of sales tax; AB 2673, water district oversight; and AB 2983, building standard appeals; and direct the Mayor to communicate the Council's position to the appropriate committees and legislators. City Council Agenda April 20, 1994 Page 5 8. CONSENT CALENDAR (Roll Call Vote) : (Continued) S. Consider Amendment of Hidden Creek Ranch Partners (HCRP) Agreement and Professional Services Agreement with Michael Brandman Associates (MBA) Pertaining to Preparation of an Environmental Impact Report and Provision of Related Services for the Specific Plan No. 8 Project. Staff Recommendation: Authorize the Mayor to approve an amendment of: 1) Agreement for Preparation of An Environmental Impact Report and Provision of Related Services for Specific Plan No. 8 Project and Related Entitlements as Requested by Hidden Creek Ranch Partners L.P. , and 2) Professional Services Agreement with Michael Brandman Associates and Scope of Work for Preparation of Environmental Impact Report and Provision of Related Services for Specific Plan No. 8, to reflect the Phase II archaeological work to be completed and increase in the total contract amount from $348, 150. 00 to $404, 641. 05. T. Consider Approval of An Agreement with the Levy Company and the Approval of a Professional Services Agreement with Austin-Foust Associates (AFA) , Inc. , for Preparation of a Traffic Study for the Specific Plan No. 1 Project. Staff Recommendation: Approve an agreement with the Levy Company for preparation of the Traffic Study for Specific Plan No. 1 by AFA subject to final language approval by the City Manager, and authorize the City Manager to sign the agreement; Approve a professional services agreement with AFA for preparation of the Traffic Study for the Specific Plan No. 1 project, subject to final language approval by the City Manager, and authorize the City Manager to sign the agreement. U. Consider Request for Support of AB 2972 Enhancing Civil Liability Protection for Local Government. Staff Recommendation: Support AB 2972 and authorize the Mayor to write to the Assembly indicating the City's position on this legislation. City Council Agenda April 20, 1994 Page 6 9. PUBLIC HEARINGS: A. Consider an Appeal by Sam Atassi (Commercial Planned Development 92-1, Minor Modification Number 1) of the Director of Community Development's Decision to Deny the Applicant's Request to Spread the Payment of $39,309. 00 for Traffic Mitigation, over a five-year period. Staff Recommendation: 1) Approve Mr. Atassi's appeal, and set aside the Director of Community Development's decision rendered on April 5, 1994 to the requested fee extension, 2) Amend Condition of Approval number 65 as stated in the staff report, 3) Allow Mr. Atassi to guarantee payment of the Traffic Mitigation fee with an Irrevocable Letter of Credit submitted in a form approved by the City Attorney and City Manager; 4) Require Mr. Atassi to reimburse the City for City Attorney time to review the matter and prepare the related documents; reimbursement also for any and all outstanding staff time working on this request. B. Consider Major Modification Number 2 (Filed by Kaufman and Broad) to Residential Planned Development Permit Number 1041 (Tract 3963 - Phase 4) , for the Construction of 87 Single-Family Homes, within Campus Hills - Moorpark. Staff Recommendation: 1) Open the public hearing and receive public testimony; 2) Approve Major Modification Number 2 with conditions of approval as noted within Attachment Number 11 of the staff report; 3) Direct staff to prepare a Resolution of Approval to be presented to the Council at the Council meeting of May6 4, 1994. 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 11. ACTION/DISCUSSION ITEMS: * A. Consider Exoneration of Bonds for Tract 4081 (Colmer) . Staff Recommendation: Direct staff as deemed appropriate. * Discussion/Action items which are judged by the City Manager to be of high priority City Council Agenda April 20, 1994 Page 7 11. ACTION/DISCUSSION ITEMS: (Continued) * B. Consider Appropriation for Construction of Office Space. Staff Recommendation: The Budget and Finance Committee and staff recommend that the Council 1) Authorize modification to the Citrus Room for use as an EOC using the funds currently available in Administrative Services (01.4. 117. 629) ; 2) Assign the Budget and Finance Committee to investigate the financial and budget impacts of constructing, leasing or buying required office space; and, 3) Appropriate $2,500 from the General Fund to Administrative Services for professional services (01.4. 117. 641) related to the investigation of the alternatives noted. * C. Consider Revisions to the City's First Time Home Buyer Program for Tract 3963 . Staff Recommendation: Authorize readvertisement of the Tract 3963 First Time Home Buyer Program, based on the revised sales price and Program criteria proposed by staff; and if no qualified first time home buyer is found, authorize the City Manager to sell the home for the highest price that can be obtained, but not less than $190, 000, to any buyer with a qualifying income of 150 percent of the County median income, and with no resale restrictions or equity provisions. D. Consider Resolution No. 94- - Strategies to Encourage Mixed Use Development, Restaurants, and Dry Cleaning Facilities Within Industrially Zoned Parcels, and The Creation of a Social Services Element for Inclusion into the City's General Plan. Staff Recommendation: 1) Adopt Resolution No. 94- instructing the Planning Commission to study, hold a public hearing, and provide recommendations to the City Council pertaining to modifications to the City's Zoning Ordinance for the --- allowance of mixed use development and dry cleaning facilities and restaurants in industrially zoned parcels; 2) On the issue of the Social Services Element for inclusion into the City's General Plan, direct staff as deemed appropriate. RESOLUTION NO. 94- * E. - Consider Funding and Criteria for Low and Moderate Income Housing Rehabilitation Programs. Staff Recommendation: The Budget and Finance Committee and staff recommend adoption of the guidelines proposed in the staff report and direct staff to prepare a plan for implementation of a housing rehabilitation program along the proposed guidelines. City Council Agenda April 20, 1994 Page 8 11. ACTION/DISCUSSION ITEMS: (Continued) * F. Consider Public Works Protects Priority List. Staff Recommendation: It is the recommendation of the Budget and Finance Committee and staff that the projects listed in the combined projects list, (Exhibit I) be accepted for funding by the Moorpark Redevelopment Agency as recommended in the report with design work to proceed. 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 - one) 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 - one) C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (pursuant to Subdivision (a) Government Code Section 54956.9) Name of Case: Moorpark vs. Caltrans D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (pursuant to Government Code Section 54956.8) Property: 675 Moorpark Avenue Moorpark Avenue. Negotiating Parties: City of Moorpark and Betty Moss. Under negotiation: Price E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION --= (pursuant to Subdivision (a) Government Code Section 54956.9) Name of Case: Conejo Freeway Properties, Ltd. vs. City of Moorpark F. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (pursuant to Subdivision (a) Government Code Section 54956.9) Name of Case: City of Moorpark vs. Downs. City Council Agenda April 20, 1994 Page 9 13. CLOSED SESSION: (Continued) G. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (pursuant to Government Code Section 54956.8) Property: 799 Moorpark Avenue (a portion of the Community Center. ) Negotiating Parties: City of Moorpark and Caltrans. Under negotiation: Price H. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (pursuant to Government Code Section 54956. 8) Property: APN 511-0-050-09 Negotiating Partners: City of Moorpark and Kirk Aikens Under Negotiation: Terms 15. ADJOURNMENT: 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/529-6864. CITY OF MOORPARK , ) COUNTY OF VENTURA ) ss STATE OF CALIFORNIA ) I, Dorothy J. Vandaveer, duly appointed Deputy City Clerk of the City of Moorpark, County of Ventura, State of California, do hereby certify under penalty of perjury, that I posted a copy of the Moorpark City Council agenda on April 15, 1994 for the Regular Meeting of the Moorpark City Council held on April 20, 1994 at the following location: Moorpark Community Center 799 Moorpark Avenue Moorpark, California 93021 Said agenda shall remain in place until after the meeting so that it is available for public review for at least 72 hours prior to the meeting, pursuant to Section 54954 et. seq. of the California Government Code. . �." ,A • i iL_i / - _ • Do. othy J� �!ndaveer Deputy C y Clerk Dated: May 12, 1994