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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 REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure, Section 2.8, Items to be withdrawn from the Consent Calendar shall be identified at this time.)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).