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HomeMy WebLinkAboutAGENDA 2004 0505 CC REGResolution No. 2004 -2186 Ordinance No. 302 CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, MAY 5, 2004 7:00 P.M. Moorpark Community Center 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. PROCLAMATIONS AND COMMENDATIONS: A. Proclamation Acknowledging Appreciation Month. 799 Moorpark Avenue May 2004 as Veterans B. Recognition of Paul Porter, Principal Planner, for 15 Years of Service to the city of Moorpark. 5. PUBLIC COMMENT: (AT THIS POINT IN THE MEETING, THE COUNCIL WILL CONVENE THE REGULAR REDEVELOPMENT AGENCY MEETING, UNLESS CANCELED.) Any member of the public may address the uouncii auring Lne ruDiiu t.vmmenc.s yuLuiv- — 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 May 5, 2004 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 REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure, Section 2.8, Items to be withdrawn from the Consent Calendar shall be identified at this time.) 7.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 Resolution Approving Modification No. 1 to Residential Planned Development Permit No. 1998 -05, a Request to Modify a Block Wall to Allow a Tubular Steel View Fence Located at 14143, 14144, 14151, 14152, 14159 and 14160 Maya Circle (Tract 4977), on the Application of Kevin Kleinrath, et al. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. 2004- . (Staff: Barry Hogan) B. Consider General Plan Amendment Pre - Screening Application No. 2003 -04 to Create a New General Plan Land Use Designation: "'Downtown Very High Density Residential" and Convert 2.65 Acres from `High to Very High Density Residential" to "Downtown Very High Density Residential" at the Northeast Corner of Moorpark Avenue and Everett Street on Behalf of John C. Chiu. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Direct staff to accept a General Plan Amendment application for the proposed project, provided a Downtown Specific Plan Amendment application, Zone Change application, Residential Planned Development Permit application, Tentative Tract Map application (if needed), and Development Agreement application are filed for concurrent processing. (Staff: Barry Hogan) C. Consider Resolution Adjusting Real Time Billing Rates, Updating the Schedule for Land Use Development Processing Fees, and Rescinding Resolution No. 99- 1659. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. 2004 - (Staff: Barry Hogan) Regular City Council Meeting Agenda May 5, 2004 Page 3 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Presentation by Girl Scout Troop 132 on "Stranger Danger" B. Consider Appointment of One City Representative to the Board of Commissioners of the Area Housing Authority (AHA) of the County of Ventura. (continued from April 21, 2004) Staff Recommendation: Appoint one City representative to fill the vacancy on the Board of Commissioners of the AHA for a term ending August 31, 2007. (Staff: Deborah Traffenstedt) C. Consider Appointment of One City Representative to the Air Pollution Control District Advisory Committee. Staff Recommendation: Appoint one City representative to fill the vacancy on the Air Pollution Control District Advisory Committee for a term ending January 1, 2007. (Staff: Deborah Traffenstedt) D. Consider Approval of Payment -in- Lieu -of -Taxes (Pilot) Agreement for Vintage Crest Senior Apartment, L.P., (GPA 2002 -01, ZC 2002 -01, RPD 2002 -02). Staff Recommendation: Approve the Agreement between the City of Moorpark and Vintage Crest Senior Apartments, L.P.; authorize the City Manager to execute said Agreement, subject to final language approval by the City Manager and City Attorney; and direct the City Clerk to record the document. (Staff: Hugh Riley) E. Consider Scheduling of the Summer Meeting Recess. Staff Recommendation: Direct staff to post a notice of meeting cancellation for the selected summer recess date(s). (Staff: Deborah Traffenstedt) F. Consider Letter of Support to U.S. Fish and Wildlife Service for a Critical Habitat Designation in Ventura County for California Gnatcatcher. Staff Recommendation: Direct staff as deemed appropriate. (Staff: David Bobardt) 10. CONSENT CALENDAR: A. Consider Approval of Minutes of Special Joint meeting of the City Council and Planning Commission of March 24, 2004. Staff Recommendation: Approve the minutes. Regular City Council Meeting Agenda May 5, 2004 Page 4 10. CONSENT CALENDAR: (continued) B. Consider Approval of Warrant Register for Fiscal Year 2003 -2004 - May 5, 2004. Manual Warrants 115926 - 115927 $ 7,889.56 Voided Warrant 113321 & 113919 & $ (350.00) 114013 & 115531 & $ (198.70) 115960 & 115961 $ (4,300.00) Payroll Liability 115921 - 115925 $ 2,645.28 Warrants Regular Warrants 115928 - 116043 & $ 72,574.95 116044 - 116047 & $ 4,300.00 116048 - 116066 $ 327,985.26 Staff Recommendation: Approve the warrant register. C. Consider Agreement with the California Department of Transportation (Caltrans) for the Maintenance of State Highways in the City of Moorpark. Staff Recommendation: Authorize the Mayor to send a letter to Caltrans giving thirty (30) days notice of cancellation of the "Agreement for Maintenance of State Highways in the City ", pursuant to Section J of said agreement. (Staff: Mike Mathews) D. Consider New Los Angeles Avenue Utility Undergrounding Project. Staff Recommendation: Approve the New Los Angeles Avenue Utility Undergrounding Project. (Staff: Brad Miller) E. Consider Approval of Plans and Specifications and Authorization to Advertise for Receipt of Bids for the Spring Road Parkway Tree Replacement Project. Staff Recommendation: Approve the Plans and Specifications for Spring Road Tree Replacement Project and authorize staff to advertise for receipt of bids for said project. (Staff: Kenneth Gilbert) F. Consider Rejection of Claims: Vickie Bowers, C.J. Shere, Jamie Shere, and Paulette Shere. Staff Recommendation: Reject the claims and direct staff to send a standard rejection letter to the claimants. (Staff: Deborah Traffenstedt) Regular City Council Meeting Agenda May 5, 2004 Page 5 10. CONSENT CALENDAR: (continued) G. Consider Awarding a Contract for the Civic Center Driveway Modification Project (Project 8053) and the Adoption of Resolution Amending Fiscal Year 2003/04 Budget to Fully Fund the Project. Staff Recommendation: 1) Approve the award of a construction contract to Lee Construction Company for the construction of the subject project; and 2) Adopt Resolution No. 2004- amending the FY 2003/04 Budget for this project. ROLL CALL VOTE REQUIRED (Staff: Kenneth Gilbert) H. Consider Resolution Approving the Engineer's Report for Assessment District AD04 -01 (Colmer - Tract 5307). Staff Recommendation: Adopt Resolution No. 2004- , approving the Engineer's Report for AD04 -01 and setting June 2, 2004, as the date of a public hearing to consider the levy of the assessments provided for in said Engineer's Report. (Staff: Kenneth Gilbert) I. Consider Resolution Approving the Engineer's Report for the Landscaping and Lighting Maintenance Assessment Districts for Fiscal Year 2004/2005. Staff Recommendation: Adopt Resolution No. 2004- , approving the Engineer's Report and setting June 2, 2004, as the date of a public hearing to consider the levy of assessments for FY 2004/05. (Staff: Kenneth Gilbert) J. Consider Award of Agreements to Provide Bus Excursion and Charter Transportation Services. Staff Recommendation: Authorize the Mayor to execute the Agreements with Durham School Services and CUSA, LLC, dba Antelope Valley Bus, to provide bus services as outlined in the agenda report and at the per hour costs identified in the contractor's respective proposal, subject to final language approval by the City Manager and City Attorney. (Staff: John Brand) K. Consider Resolution Authorizing Submittal of a Three Year (2004 -2007) Used Oil Recycling Block Grant Application to the California Integrated Waste Management Board. Staff Recommendation: Adopt Resolution No. 2004- (Staff: John Brand) Regular City Council Meeting Agenda May 5, 2004 Page 6 11. ORDINANCES: A. Consider Ordinance No. 301, an Ordinance of the Cit of Moorpark, California, Amending Section 2.12.120 of Chapter 2.12 (City Manager) of the Municipal Code Providing Authority to Sign Written Contracts. Staff Recommendation: Declare Ordinance No. 301 read for the second time and adopted as read. 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 (Pursuant to Subdivision (a) of Section 54956.9 of the Government Code) The Committee to Preserve Historic High Street, an unincorporated association, and Cynthia Hollister vs. City of Moorpark and Moorpark City Council (Case No. SC037584) D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Subdivision (a) of Section 54956.9 of the Government Code) William L. Whitaker, III and James Dale Whitaker vs. City Council of the City of Moorpark, et al (Case No. SC03803) E. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Section 54957.6 of the Government Code) Agency Designated Representative: Steven Kueny Employee Organization: Service Employees International Union, AFL -CIO, CLC, Local 998 Regular City Council Meeting Agenda May 5, 2004 Page 7 12. CLOSED SESSION: (continued) F. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Section 54957.6 of the Government Code) Agency Designated Representative: Steven Kueny Unrepresented employees: Accountant I, Administrative Services Director, Assistant City Manager, Assistant to City Manager /City Clerk, Budget and Finance Manager, City Engineer, Community Development Director, Community Services Director, Information Systems Manager, Planning Manager, Principal Planner, Public Works Director, Public Works Supervisor; Recreation Manager, and Senior Management Analyst G. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Subdivision (b) of Section 54957 of the Government Code) 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). Regular City Council Meeting Agenda May 5, 2004 Page 8 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING I, Maureen Benson, declare as follows: That I am the Deputy City Clerk of the City of Moorpark and that an agenda of the Regular Meeting of the Moorpark City Council to be held on Wednesday, May 5, 2004, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on April 30, 2004, at a conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California. I declare under penalty of perjury that the foregoing is true and correct. Executed on April 30, 2004. Maureen Benson, Deputy City Clerk