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HomeMy WebLinkAboutAGENDA 2003 1217 CC REGResolution No. 2003 -2149 Ordinance No. 298 CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, DECEMBER 17, 2003 7:00 P.M. Moorpark Communitv Center 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4 . PROCLAMATIONS AND CObDIUMATIONS : A. City Manager's Monthly Report. 5. PUBLIC COMMENT: 799 Moorpark Avenue 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. Regular City Council Meeting Agenda December 17, 2003 Page 2 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure, Section 2.8, Items to be withdrawn from the Consent Calendar shall be identified at this time.) 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 8. PUBLIC HEARINGS: A. Consider General Plan Amendment No. 98 -01, Zone Change No. 98 -01, Vesting Tentative Tract Map No. 5130, and Residential Planned Development Permit No. 98 -02 for the Construction of One Hundred Ten (110) Houses on Approximately 72.0 Acres on the East Side of Walnut Canyon Road, South of and Immediately Adjacent to the Ventura County Water and Sanitation Services Division Facility, on the Application of Moorpark 150, LLC (SunCal Companies). (Continued public hearing open from November 19, 2003) Staff Recommendation: 1) Accept public testimony, and close the public hearing; 2) Adopt Resolution No. 2003- 11 adopting the Mitigated Negative Declaration and approving General Plan Amendment No. 98 -01; 3) Adopt Resolution No. 2003- , approving Tentative Tract Map No. 5130, and Residential Planned Development Permit No. 98 -02 subject to Conditions of Approval; and 4) Introduce Ordinance No. for first reading to amend the zoning of the project site, and set January 7, 2004, for second reading. (Staff: Barry Hogan) B. Consider Proposed Development Agreement for Vestin Tentative Tract Map No. 5130 (SunCal /Moorpark 150, LLC). Staff Recommendation: 1) Open the public hearing, take public testimony, and close the public hearing; and 2) Introduce Ordinance No. for first reading approving the Development Agreement between the City of Moorpark and Moorpark 150, LLC. (Staff: Steven Kueny) Regular City Council Meeting Agenda December 17, 2003 Page 3 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Police Services Center: 1) Approval of Project Plans and Specifications; 2) Finding the Bid Submitted by Turner Construction to be Non - responsive; 3) Awarding the Construction Contract to Viola Constructors, Inc.; 4) Approving Additional Design Costs; 5) Authorizing Staff to Retain Various Consultant Construction Engineering Services; and 6) Adoption of Resolution Amending the Budget for the Project. (Continued from December 3, 2003) Staff Recommendation: 1) Approve the project plans and specifications; 2) Approve a construction contingency for the project in the amount of ten percent (10 %) of the bid amount; 3) Authorize the City Manager to execute contract documents for required construction engineering services for geotechnical services, materials testing services, and construction surveying, as generally defined and described in the agenda report; 4) Approve the increase in the Architect fees and charges as described in the agenda report; 5) Adopt Resolution No. 2003- 1 amending the Budget for the project; 6) Find the bid submitted by Turner Construction to be non - responsive; and 7) Approve the award of a construction contract for the project to Viola Constructors, Inc. in the amount of $7,248,000. ROLL CALL VOTE REQUIRED (Staff: Kenneth Gilbert) B. Consider Resolution Amending the Fiscal Year Budget to Establish a Project for the Replacement of Parkway Trees on the West Side of Spring Road South of Peach Hill Road. Staff Recommendation: Adopt Resolution No. 2003- and approve project Option 1 as described in the agenda report. ROLL CALL VOTE REQUIRED (Staff: Kenneth Gilbert) C. Consider Draft Legislation Regarding Reorganization of the Ventura County Transportation Commission). Staff Recommendation: Direct staff as deemed appropriate. (Staff: John Brand) Regular City Council Meeting Agenda December 17, 2003 Page 4 9. PRESENTATION /ACTION /DISCUSSION: (continued) D. Consider Permit Adjustment No. 2 to Commercial Planned Development No. 2001 -01 for Approval of Site Plan and Building Elevations for a 3,536 Square Foot Denny's Restaurant on Pad 4 of the Moorpark Marketplace, Located South of New Los Angeles Avenue, East of Miller Parkway and West of the SR -23 Freeway on the Application of Architectronix, Inc. ( Denny's Restaurant). Staff Recommendation: Direct staff to prepare a letter approving Permit Adjustment No. 2 to CPD 2001 -01 for the Denny's Restaurant site plan and building elevations. (Staff: Barry Hogan) E. Consider Waiver of Building Permit Fees for Rebuilding of Homes Destroyed in the Simi Fire and Resolution Amending Fiscal Year 2003/04 Community Development Budget. Staff Recommendation: 1) Adopt Resolution No. 2003- amending the FY 2003/04 Community Development Budget, appropriating a maximum of $4,500 from the General Fund Reserve for waiver of building permit fees for the fire - rebuild homes referenced in the agenda report; and 2) Authorize staff to implement the fee waiver for building permits consistent with the agenda report. ROLL CALL VOTE REQUIRED (Staff: Barry Hogan) 10. CONSENT CALENDAR: A. Consider Approval of Minutes of Regular Meeting of September 3, 2003. Consider Approval of Minutes of Regular Meeting of October 1, 2003. Consider Approval of Minutes of Regular Meeting of November 19, 2003. Consider Approval of Minutes of Special Meeting of December 3, 2003. Consider Approval of Minutes of Regular Meeting of December 3, 2003. Staff Recommendation: Approve the minutes. Regular City Council Meeting Agenda December 17, 2003 Page 5 10. CONSENT CALENDAR: (continued) B. Consider Approval of Warrant Register for Fiscal Year 2003 -2004 - December 17, 2003. Manual Warrants 114708 - 114716 $ 45,179.23 Voided Warrant 114334 - 114335 $ (2,970.00) Payroll Liability 114717 - 114721 $ 2,574.65 Warrants Regular Warrants 114722 - 114823 & $ 40,020.37 114824 - 114843 $783,697.67 Staff Recommendation: Approve the warrant register. C. Consider Report Titled "Accountin( as Required by Section 66006 Government Code for Fiscal Year of Fund Information of the California 2002/2003 ". Staff Recommendation: Receive and file the report. (Staff: Cynthia Borchard) D. Consider Resolution Amending the Fiscal Year 2003/04 Budget to Appropriate Funds for the Mountain Meadows Plaza Fountain. Staff Recommendation: 1) Adopt Resolution No. 2003- amending the FY 2003/04 budget by transferring $15,000 from Citywide Landscape and Lighting Assessment District (AD 84 -2) reserve balance (2300) to the Citywide Landscape Maintenance budget to purchase two benches and cover electrical costs associated with the Mountain Meadow Plaza fountain; and 2) Authorize the City Manager to execute an agreement regarding the Mountain Meadows Plaza fountain. ROLL CALL VOTE REQUIRED (Staff: Mary Lindley) E. Consider Resolution Amending the Fiscal Year 2003/04 Budget to Fund: 1) Additional NPDES Permit Fees; 2) Additional Costs for Engineering Studies; and 3) Installation of a Bicycle Detection Device for the Traffic Signal at Moorpark Road and Tierra Rejada Road Staff Recommendation: Adopt Resolution No. 2003 - ROLL CALL VOTE REQUIRED (Staff: Kenneth Gilbert) Regular City Council Meeting Agenda December 17, 2003 Page 6 10. CONSENT CALENDAR: (continued) F. Consider Adjustment to the Hourly Rates Charged for Engineering Services. Staff Recommendation: Approve a 2.2% increase to the rates charged for Engineering Services, effective retroactively to December 1, 2003. (Staff: Kenneth Gilbert) G. Consider Continuation of Local Emergency. Staff Recommendation: Continue the proclamation of a Local Emergency. (Staff: Kim Chudoba) H. Consider Resolution Revising List of Holidays to be Observed by the City and Rescinding Resolution No. 2001 -1852. Staff Recommendation: Adopt Resolution No. 2003- (Staff: Deborah Traffenstedt) I. Consider Referral to the Planning Commission of Desi n Guidelines for Photovoltaic and Other Solar Energy Systems on New Construction and Existing Facilities within the City. Staff Recommendation: Refer the draft guidelines to the Planning Commission for review and subsequent recommendation to the City Council. (Staff: Barry Hogan) J. Consider Final Map Approval for Tract Map No 5307. Staff Recommendation: Authorize the Mayor and City Clerk to sign and the City Clerk to cause Tract Map 5307 to be recorded in the office of the Ventura County Recorder. (Staff: Walter Brown) K. Consider Approving an Agreement by and between the City of Moorpark and MOON DANCE -MOORPARK L P for the City's Purchase of Three Dwelling Units in Residential Planned Development No. 2001 -01, Tentative Tract No 5307, Variance No. 2002 -01, and Resale of Units to Low Income Households at an Affordable Housing Cost. Staff Recommendation: Authorize the City Manager to execute Purchase and Sale Agreement and approve said Agreement, subject to final language approval by the City Manager and City Attorney. (Staff: Nancy Burns) L. Consider Approval of Program Supplement Aqreement No. 007 -M (Metrolink Landscape Project) to Administering Agency -State Agreement for Federal Aid Project No. 07- 931871. Staff Recommendation: Adopt Resolution No. 2003- (Staff: Mary Lindley) Regular City Council Meeting Agenda December 17, 2003 Page 7 11. ORDINANCES: None. 12. 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 Committee to Preserve Historic High Street, an unincorporated association, and Cynthia Hollister vs. City of Moorpark and Moorpark City Council. D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Assistant City Manager, Assistant to City Manager /City Clerk, City Manager, City Attorney, City Engineer, Chief of Police, Administrative Services Director, Community Development Director, Community Services Director, and Public Works Director 13. ADJOURNMENT: In compliance with the Americans with Disabilities Act, if you need special assistance to review an agenda or participate in this meeting, including auxiliary aids or services, please contact the City Clerk's Department at (805) 517 -6223. Upon request, the agenda can be made available in appropriate alternative formats to persons with a disability. Any request for disability- related modification or accommodation should be made at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting (28 CFR 35.102 - 35.104; ADA Title II).