HomeMy WebLinkAboutAGENDA 2004 0519 CC REGResolution No. 2004 -2191
Ordinance No. 302
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, MAY 19, 2004
7:00 P.M.
Moorpark Communitv Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. PROCLAMATIONS AND COMMENDATIONS:
A. Proclamation Acknowledging May 16th to May 22nd as
National Public Works Week.
B. City Manager's Monthly Report.
5. PUBLIC COMMENT:
(AT THIS POINT IN THE MEETING, THE COUNCIL WILL CONVENE THE
REGULAR REDEVELOPMENT AGENCY MEETING, UNLESS CANCELED.)
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withdrawn from the Consent Calendar shall be identified at this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.)
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
May 19, 2004
Page 2
7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
8. PUBLIC HEARINGS:
A. Consider Resolution for Conditional Use Permit (CUP)
No. 2004 -01 to Allow a Warehouse/ Distribution Facility
in an Existing Building in the M -1 (Industrial Park)
Zone, Located at 5316 Kazuko Court, on the Application
of Warren Distributing. Staff Recommendation: 1)
Open the public hearing, take public testimony and
close the public hearing; 2) Adopt Resolution No.
2004- , approving CUP No. 2004 -01. (Staff: Barry
Hogan)
B. Consider General Plan Amendment No. 2001 -05, Specific
Plan No. 2001 -01, and Zone Change No. 2001 -02 for
1,650 Housing Units on 3,586.3 Acres Located Generally
North of Moorpark College and State Route 118 on Land
Immediately Outside City of Moorpark Municipal
Boundaries, on the Application of North Park Village
LP. Staff Recommendation: Open the public hearing,
take public testimony, direct staff to prepare
materials appropriate for the schedule in Option 3 of
the agenda report, and continue the agenda item with
the public hearing open, to June 16, 2004. (Staff:
Barry Hogan)
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider Whether Appliance Sales, Distribution and
Warehousing are Commercial Uses in Compliance with the
Existing SDI Development Agreement for the Land
Located on the East Side of State Route 23,
Immediately North and South of New Los Angeles Avenue
(Lots 1 and 2 of Tract 5004) . Staff Recommendation:
Find that the Distribution Use is not within the uses
of Section 6.k. of the Development Agreement and that
the Distribution Use is inconsistent with the General
Commercial Land Use and the CPD Zone. (Staff: Barry
Hogan)
B. Consider Ventura County Transportation Commission
Ordinance for a One -Half Cent Transportation Sales Tax
Proposition. Staff Recommendation: Direct staff as
deemed appropriate. (Staff: Mary Lindley)
Regular City Council Meeting Agenda
May 19, 2004
Page 3
9. PRESENTATION /ACTION /DISCUSSION: (continued)
C. Consider Resolution Directing the Planning Commission
to Hold a Public Hearing and Provide a Recommendation
on Zoning Ordinance Amendments to Chapters 17.20 (Uses
by Zone) and 17.44 (Entitlement- Process and
Procedures). Staff Recommendation: Adopt Resolution
No. 2004- directing the Planning Commission to
study revisions to the Zoning Code concerning
entitlement permit processing, and provide a
recommendation to the City Council. (Staff: Barry
Hogan)
D. Consider Resolution Amending the Fiscal Year 2003/04
Budget by Appropriating Funds for the Purchase of
Digital Security Video Monitoring System and
Authorizing the City Manager to Sign All Related
Agreements. Staff Recommendation: Adopt Resolution
No. 2004- f and waive the bid requirement
consistent with Moorpark Municipal Code Section
3.04.120 for purchase of Digital Security Video
Monitoring System. ROLL CALL VOTE REQUIRED (Staff:
John Hartnett)
E. Consider Affordable Housing Agreement and Affordable
Housing Implementation and Rental Restriction Plan for
USA Properties Fund, Inc. for Vintage Crest Senior
Apartments, L.P. (GPA 2002 -01, ZC 2002 -01, RPD 2002-
02). Staff Recommendation: 1) Approve the Affordable
Housing Implementation and Rental Restriction Plan,
subject to final language approval by the City Manager
and City Attorney; and 2) Approve the Affordable
Housing Agreement, subject to final language approval
by the City Manager and City Attorney, and direct the
City Clerk to record the document with the County of
Ventura. (Staff: Nancy Burns)
F. Consider Agreement Regarding Subordination of Deed of
Trust by Vintage Crest Senior Apartments, L.P., in
Favor of U.S. Bank N.A. (GPA 2002 -01, ZC 2002 -01, RPD
2020 -02) Staff Recommendation: Approve Agreement
regarding Subordination of Deed of Trust, subject to
final language approval by the City Manager and City
Attorney; and direct the City Clerk to record the
document with the County of Ventura. (Staff: Nancy
Burns)
Regular City Council Meeting Agenda
May 19, 2004
Page 4
9. PRESENTATION /ACTION /DISCUSSION: (continued)
G. Consider Proposed Operating and Capital Improvements
Budgets for the Fiscal Year 2004/2005. Staff
Recommendation: Receive the budgets and set a
workshop for May 26, 2004. (Staff: Steven Kueny)
H. Consider Mission Statement, Priorities, Goals and
Objectives for Fiscal Year 2004/2005. Staff
Recommendation: Consider the priorities, goals and
objectives on May 26, 2004. (Staff: Steven Kueny)
10. CONSENT CALENDAR:
A. Consider Approval of Minutes of Special Joint Cit
Council /Park and Recreation Commission Meeting of
March 31, 2004.
Consider Approval of Minutes of Regular Meeting of
April 21, 2004.
Consider Approval of Minutes of Special Meeting of May
5, 2004.
Staff Recommendation: Approve the minutes.
B. Consider Approval of Warrant Register for Fiscal Year
2003 -2004 - Mav 19, 2004.
Manual Warrants
Voided Warrant
116067 - 116068
112410 & 113015 &
113300 & 113430 &
113621 & 114048 &
116191
$ 39,444.03
$ (96.00)
Payroll Liability 116069 - 116073 $ 2,645.28
Warrants
Regular Warrants 116074 - 116189 & $ 51,483.52
116190 - 116209 $ 954,623.05
Staff Recommendation: Approve the warrant register.
Regular City Council Meeting Agenda
May 19, 2004
Page 5
10. CONSENT CALENDAR: (continued)
C. Consider Resolution Approving the Preliminary
Assessment Engineer's Report, the Parks and Recreation
Maintenance and Improvement Assessment District Levy
Amount, and Setting the Date for the Public Hearing
for June 2, 2004. Staff Recommendation: Adopt
Resolution No. 2004- (Staff: Mary Lindley)
D. Consider Resolution Amending the Fiscal Year 2003/04
Annual Operating Budget to Provide for the Costs of
Additional CalHome Loans and Administration of the
Program. Staff Recommendation: Adopt Resolution No.
2004- ROLL CALL VOTE REQUIRED (Staff: Hugh
Riley)
E. Consider Ventura Intercity Service Transit Authority
(VISTA) East Cooperative Agreement for Commuter Bus
Services. Approve the Addendum and authorize the Mayor
to sign the Addendum to the VISTA -East Cooperative
Agreement. (Staff: John Brand)
F. Consider Resolution Amending the Fiscal Year 2003/2004
Building and Safety Division Budget by Appropriating
$27,400 from the General Fund Reserve for Continuation
of and Addition to Contract Work with California CD
Creations, Inc. Staff Recommendation: Adopt
Resolution No. 2004- ROLL CALL VOTE REQUIRED
(Staff: Barry Hogan)
G. Consider Bond Reduction and Release of Letter of
Credit for Performance Nursery. Staff Recommendation:
1) Authorize the City Clerk to reduce surety
#B34230829 and release the Letter of Credit
#306S234832; and 2) Authorize the City Clerk to fully
exonerate the surety for Performance Nursery one year
after this approval of the reduction of surety bond
and upon written confirmation from the City Engineer
that no warranty work is required. (Staff: Brad
Miller)
H. Consider Corporation Yard Design: North Fence. Staff
Recommendation: Approve a change to the project
design to include a block wall along the northerly
property line. (Staff: Kenneth Gilbert)
Regular City Council Meeting Agenda
May 19, 2004
Page 6
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
(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 19, 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).