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HomeMy WebLinkAboutAGENDA 2001 0718 CCOrdinance No. 272 Resolution No. 2001-1865 CITY COUNCIL REGULAP, MEETING AGENDA WEDNESDAY, JULY 18, 2001 6:30 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. INVOCATION: Pastor Tony Amatangelo, Life Spring Community Church. 3. PLEDGE OF ALLEGIANCE: 4. ROLL CALL: 5. PROCLAMATIONS AND C004ENDATIONS; A. Recognition of Sergeant Ron Nelson, Moorpark Police Department. B. Ventura County Fair Poster Presentation by Charles Schwabauer. C. Introduction of New Employee, Feljay Ugalde, Planning Technician I, Community Development Department. ----------------------------------------------------------------------------------------- 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 July 18, 2001 Page 2 S. PROCLAMATIONS AND COMMENDATIONS: D. Introduction of New Employee, Melody Johnston, Information Systems Supervisor, Administrative Services Department. E. City Manager's Monthly Report. 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 time.) 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 9. PUBLIC HEARINGS: A. Consider Final Review and Changes to the Engineer's Report for Assessment District AD84-2 and Adoption of a Resolution Confirming the Assessments for Fiscal Year 2001/2002. Staff Recommendation: Open the public hearing, receive testimony, close the public hearing, and take the following actions: 1) Approve the changes to the Engineer's Report summarized in Section J of the agenda report; and 2) Adopt Resolution No. 2001- making certain changes to AD84-2 and confirming the assessments for Fiscal Year 2001/02. 10. PRESENTATION/ACTION/DISCUSSION: A. Consider a Presentation by the Child Care Planning Council of Ventura County. B. Consider Teen Council Appointments and Amendments to Teen Council Guidelines. Staff Recommendationt. 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. City Council Agenda July 18, 2001 Page � 10. PRESENTATION/ACTION/DISCUSSION: (continued) C. Consider a Request to Modify Condition of Approval No. I 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. 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 94-1, and approve Addendum No. 4 to the project certified Environmental Impact Report; and 3) Adopt Resolution No. 2001- granting Minor Modification No. 3 to the Country Club Estates Project. D. Consider Traffic Issues on Sierra Avenue and Shasta Avenue [Moorpark Estates]. Staff Recommendation: Direct staff as deemed appropriate. E. Consider Resolution 'Providing for the Installation of Stop Signs at Designated Entrances to the Intersections of Sierra Avenue/Shasta Avenue [North]; Sierra Avenue/ Shasta Avenue [South]; and Sierra Avenue/Lassen Avenue. Staff Recommendation: Adopt Resolution No. 2001- F. Consider Status Report and Revised Time Line for the Completion of the Arroyo Vista Community Park (AVCP) Phase II Restroom. / Concession / Storage Facility. Staff Recommendation: Approve the revised time line for the design and construction of the AVCP Phase II Restroom Facility as outlined in the agenda report. G. Consider Award of -Contract for Design of the Community Lquatics, Facility to Martinez & Amador Architects, Inc. and Adoption of Resolution. Staff Recommendation; 1) Award a contract to Martinez & Amador Architects, Inc. in,the amount of $164,000 and authorize the City Manager to execute said contract; and 2) Adopt Resolution No. 2001- . amending the FY 2001/2002 Budget, allocating $200,000 for the design of the Community Aquatics Facility. (ROLL CALL VOTE REQUIRED) City Council Agenda July 18, 2001 Page 4 10. PRESENTATION/ACTION/DISCUSSION: (continued) H. Consider Adoption of an Interim Ordinance Enacting for a Period of Forty-five Days a Moratorium on the Issuance of Permits for Construction or Placement of Wireless Telecommunications Facilities in the City, and Declaring the Urgency Thereof. Staff Recommendation: Adopt Interim Ordinance No. (ROLL CALL VOTE REQUIRED: 4/5ths affirmative vote) I Consider Establishing Reward Related to Missing Person Case (Megan Barroso) . Staff Recommendation: Direct staff as deemed appropriate. 11. CONSENT CALENDAR: A. Consider Approval of Minutes of First Special Meeting of May 30, 2001. Consider Approval of Minutes of Special Meeting of June 20, 2001. Consider Approval of Minutes of Special Meeting of June 27, 2001. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register - July 4, 2001. Manual Warrants Voided Warrants (Pentamation additional remittance copies) Payroll Liability Warrants 106197 - 106199 & 106200 - 106202 & 106302 - 106303 105986 & 106086 "[$. 11 106188 — 106196 $ 41,528.54 $ (625.95) $ 15,985.8,6 Regular Warrants 106203 - 106297 $230,072.03 Staff Recommendation: Approve the Warrant Register. City Council Agenda July 18, 2001 Page 5 11. CONSENT CALENDAR: (continued) C. Consider Approval of Warrant Register - July 18, 2001. Voided Warrants 104782 $ (265, 000.00) Regular Warrants 106329 - 106466 $ 566,116.25 Staff Recommendation: Approve-the Warrant Register. D. Consider a Resolution Authorizing the City's FY 2001/2002 Transportation Development Act (TDA) Claim. Staff Recommendation: Adopt Resolution No. 2001- authorizing the FY 2001/2002 Transportation Development Act claim for the City of Moorpark, authorizing the City Manager to sign the claim for submittal to the Ventura County Transportation Commission (VCTC). (ROLL CALL VOTE REQUIRED). E. Consider City of Moorpark General Plan Annual Report Including Housing Element Progress Report for Year 2000. Staff Recommendation: Receive and File the report. F. Consider Report of Annual Development Agreement Review, Established in Connection with Moorpark Country Club Estates, Located Approximately 2,700 Feet South of Broadway between Grimes Canyon Road and Walnut Canyon Road (Tract 4928, Toll Brothers, Inc.). Staff Recommendation: 1) Accept the Director of Community Development's Report and recommendation that, on the basis of substantial evidence, Toll Brothers, Inc. has complied in good faith with the terms and conditions of the agreement; and 2) deem the annual review process complete. G. Consider Report of Annual Development Agreement Review, Established in Connection with Residential Planned Development Permit No. 97-1, a 312-unit Apartment Project, Located on the West Side of Moorpark Avenue, South of Los Angles Avenue and North of the Arroyo Simi (Archstone Communities) . Staff Recommendation: 1) Accept the Director of Community Development's Report and recommendation that, on the basis of substantial evidence, Archstone Communities has complied in good faith with the terms and conditions of the agreement; and 2) deem the annual review process complete. City Council Agenda July 18, 2001 Page 6 11. CONSENT CALENDAR: (continued) H. Consider Report of Annual Development Agreement Review, Established in Connection with Moorpark Highlands Specific Plan No. 2, a Master Planned Community, Located East of Walnut Canyon Road, North of Charles Street (Tentative Tract 5045, Morrison-Fountainwood-Agoura). Staff Recommendation: 1) Accept the Director of Community Development's Report and recommendation that, on the basis of substantial evidence, Morrison- Fountainwood-Agoura has complied in good faith with the terms and conditions of the agreement; and 2) deem the annual review process complete. I. Consider Resolution Extending Franchise Agreements for Cable Television Services with Adelphia Communications Corporation. Staff Recommendation: Adopt Resolution No. 2001- (Moorpark System). J. Consider Resolution Extending Franchise Agreements for Cable Television Services with Adelphia Communications Corporation. Staff Recommendation: Adopt Resolution No. 2001- (Mountain Meadows System). K. Consider Approval of the Engineer's Report for Assessment District AD01-3 [Cabrillo Economic Development Corporation) - Tentative Tract 51611. Staff Recommendation: Adopt Resolution No. 2001- approving the Engineer's Report for AD01-3 for FY 2001/02 and setting August 1, 2001, as the date of a public hearing to consider the levy of the assessments provided for in said Engineer's Report. L. Consider Settlement Agreement with West Pointe Homes, Inc. Regarding Time Extension for Tentative Tract Map 4620. Staff Recommendation: Approve the Settlement Agreement subject to final language approval of the City Manager and City Attorney and authorize the Mayor to execute it on behalf of the City. M. Consider Loan Agreement between the City of Moorpark and the Moorpark Redevelopment Agency. Staff Recommendation: Adopt Resolution No. 2001- approving a Loan Agreement with the Moorpark Redevelopment Agency. City Council Agenda July 18, 2001 Page 7 11. CONSENT CALENDAR: (continued) N. Consider an Agreement Regarding Acquisition of Property Between Archstone Communities and the City of Moorpark to Acquire Certain Real Property for Public Street Purposes. (Residential Planned Development (RPD) No. 97- 1, Archstone Communities) . Staff Recommendation: Approve Agreement regarding Acquisition of Property subject to final language approval of the City Manager and City Attorney, and authorize the City Manager to sign it. 0. Consider Approval of Final Map for Phase 1 of Tract 4928 located East of Grimes Canyon Road and West of Walnut Canyon Road (Toll Brothers, Inc.) . Staff Recommendation: 1) Approve Final Map for Phase 1 of Tract 4928, including the offers of dedication authorizing the abandonment of offers of dedication, access rights and easements shown thereon; 2) authorize the Mayor and City Clerk to sign the Final Map; and 3) Authorize recordation of Final Map for Phase 1 of Tract 4928. P. Consider Approval of Final Map for Phase 2 of Tract 4928 located East of Grimes Canyon Road and West of Walnut Canyon Road (Toll Brothers, Inc.). Staff Recommendation: 1) Approve Final Map for Phase 2 of Tract 4928, including the offers of dedication, rejecting the offer of dedication of the 41 feet wide reservation for future road easement and authorizing the abandonment of offers of dedication, access rights and easements shown thereon; and 2) authorize the Mayor and City Clerk to sign the Final Map; and 3) Authorize recordation of Final Map for Phase 2 of Tract 4928- 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) City Council Agenda July 18, 2001 Page 8 13. CLOSED SESSION: (continued) 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. SC,021959) 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 City Council Agenda July 18, 2001 Page 9 13. CLOSED SESSION: (continued) I. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Assistant City Manager, Assistant to City Manager/City Clerk, City Manager, City Attorney, City Engineer, Chief of Police, Director of Administrative Services, Director of Community Development, Director of Community Services, and Director of Public Works. 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. 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, ATOM /City Clerk, Director of Community Developmentj 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 arrangbments to ensure accessibility to this meeting (28 CFR 35.102-35.104; ADA Title II) .