HomeMy WebLinkAboutAGENDA 2004 0602 CC REGResolution No. 2004 -2197
Ordinance No. 302
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, JUNE 2, 2004
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. PROCLAMATIONS AND COMMENDATIONS:
A. Recognition of Outgoing Teen Council Members.
B. Recognition of Efrain Alcaraz, Maintenance Worker III,
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.)
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withdrawn from the Consent Calendar shall be identified at this time.)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:
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
June 2, 2004
Page 2
8. PUBLIC HEARINGS:
A. Consider Resolution for 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. (continued
from May 5, 2004, public hearing closed) Staff
Recommendation: Adopt Resolution No. 2004 -
(Staff: Barry Hogan)
B. Consider Resolution Amending Specific Plan No. 95 -02;
Zoning Ordinance Amendment No. 2002 -02, a Request to
Amend Chapter 17.74 of the Moorpark Municipal Code
Relating to the Development Standards of Specific Plan
No. 95 -02; and Resolution Approving Residential
Planned Development Nos. 2002 -03, -04, and -05, for
Construction of a Total of 318 Single- Family Detached
Residential Units within Specific Plan No. 95 -02,
Located Approximately One -Half Mile North of the
Northerly Terminus of Spring Road and Three - Fourths of
One Mile East of Walnut Canyon Road on the Application
of Pardee Homes. Staff Recommendation: 1) Open the
public hearing, receive public testimony, and close
the public hearing; 2) Adopt Resolution No. 2004- ,
approving an Amendment to Specific Plan No. 95 -02; 3)
Introduce Ordinance No. for first reading to
approve Zoning Ordinance Amendment No. 2002 -02 and
schedule second reading and adoption for June 16,
2004; and 4) Adopt Resolution No. 2004- , approving
Residential Planned Development Permit Nos. 2002 -03,
2002 -04, and 2002 -05, subject to Conditions of
Approval. (Staff: Barry Hogan)
C. Consider Resolution Approving the Final Assessment
Engineer's Report for the Parks and Recreation
Maintenance and Improvement Assessment District and
Confirming the Levy Amount for Fiscal Year 2004/05.
Staff Recommendation: 1) Open the public hearing,
receive public testimony, and close the public
hearing; and 2) Adopt Resolution No. 2004 -
approving the Engineer's Report and setting the
assessment for the Parks and Recreation Maintenance
and Improvement District for Fiscal Year 2004/05.
(Staff: Mary Lindley)
Regular City Council Meeting Agenda
June 2, 2004
Page 3
S. PUBLIC HEARINGS: (continued)
D. Consider Final Review and Chanaes to the Enaineer's
Report for Assessment District 04 -01 (Colmer
Development - Tract 5307) and Resolution Confirming
the Assessment Amount for Fiscal Year 2004/05. Staff
Recommendation: 1) Open the public hearing, receive
public testimony, and close the public hearing; 2)
Approve the Engineer's Report for AD04 -01 for FY
2004/05, with no changes from the report approved by
City Council Resolution No. 200_4 -2188; and 3) Adopt
Resolution No. 2004- confirming the assessments
for AD04 -01 for FY 2004/05. (Staff: Kenneth Gilbert)
E. Consider Final Review and Changes to the Engineer's
Report for Landscaping and Lighting Maintenance
Assessment Districts and Resolution Confirming the
Assessments for Fiscal Year 2004/05. Staff
Recommendation: 1) Open the public hearing, receive
public testimony, and close the public hearing; 2)
Adopt Resolution No. 2004- , making certain changes
to and confirming the assessments for FY 2004/05; 3)
Direct staff that for certain Zones /Districts, the
amount of the assessment to be levied upon the
affected properties shall be a reduced amount as
generally set forth in Section K of the agenda report;
and 4) Direct staff to present to the City Council in
November, 2004, a Resolution amending the FY 2004/05
Budget to fund certain Fund transfers necessary to
eliminate actual FY 2003/04 year -end Fund deficits for
the Assessment District Funds. ROLL CALL VOTE
REQUIRED (Staff: Kenneth Gilbert)
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) . (continued from May 5,
2004) Staff Recommendation: Remove from calendar and
request Selleck Development Group, Inc., to follow the
process provided for in the Development Agreement and
other applicable City procedures. (Staff: Barry
Hogan)
Regular City Council Meeting Agenda
June 2, 2004
Page 4
9. PRESENTATION /ACTION /DISCUSSION: (continued)
B. Consider Changing the Rail Trail Study to a Downtown
Trail Study. Staff Recommendation: Authorize staff
to renegotiate the scope and fee for the consultant
contract for the Rail Trail Study to be re- directed to
become the Downtown Trail Study, as discussed in the
agenda report, contingent upon Ventura County
Transportation Commission approval. (Staff: Kenneth
Gilbert)
C. Consider Resolution Establishing Landscape Desigr
Standards and Guidelines. Staff Recommendation:
Adopt Resolution No. 2004- (Staff: Barry Hogan)
D. Consider Proposed Taqline, Logo, and Color Palette.
Staff Recommendation: Approve the "brand" presented
for the City of Moorpark, including logo, tagline and
color palette as recommended by the City Council
Economic Development Committee. (Staff: Julie C. T.
Hernandez)
E. Consider Surcharge Increase at the Simi Valley Landfill
and Changes to the Collection of Countywide Integrated
Waste Management Plan ( CIWMP) Fees. Staff
Recommendation: Defer the solid waste collection rate
mid -year increase to January, 2005, and approve the
collection of the CIWMP fee as outlined in the agenda
report. (Staff: John Brand)
10. CONSENT CALENDAR:
A. Consider Approval of Warrant Register for Fiscal Year
2003 -2004 - June 2, 2004.
Manual Warrants
Voided Warrant
Payroll Liability
Warrants
116215 - 116217 & $ 2,993.00
$ (0.00)
116210 - 116214 $ 2,645.28
Regular Warrants 116218 - 116316 & $ 102,383.06
116317 - 116330 $ 197,907.14
Staff Recommendation: Approve the warrant register.
Regular City Council Meeting Agenda
June 2, 2004
Page 5
10. CONSENT CALENDAR: (continued)
B. Consider Resolution Amending the Fiscal Year 2003/04
Budget by Appropriating Older Americans Act Grant
Funds for One- Time -Only Older Americans Act Title III -
B Funds for Supportive Services and Senior Centers.
Staff Recommendation: Adopt Resolution No. 2004 -
ROLL CALL VOTE REQUIRED (Staff: John Hartnett)
C. Consider the Ventura County Library Commission's
Legislative Platform. Staff Recommendation: Approve
the Ventura County Library Commission's Legislative
Platform. (Staff: Mary Lindley)
D. Consider Reauest from Moorpark Kiwanis to Waive Park
Rental Fees for Softball Tournament. Staff
Recommendation: Approve the request from Kiwanis of
Moorpark to waive park rental fees associated with
their Girls Softball Tournament, provided that they
comply with the City's Municipal Code and County
Health Department requirements and pay all direct
costs incurred by the City, including one staff person
dedicated to the Tournament. (Staff: John Hartnett)
E. Consider Changes to Current Compost P
Recommendation: Approve the recommended
City Compost Bin Program as outlined
report, and authorize the City Manager
Agreement with Green Culture, Inc.
Brand)
rogram. Staff
changes to the
in the agenda
to execute an
(Staff: John
F. Consider Emergency Management Ad Hoc Committee Report.
Staff Recommendation: Receive and file report.
(Staff: Kim Chudoba)
G. Consider Resolution Supporting a Policy Statement on
"Wildland Urban Interface Fires: A Collaborative Plan
to Decrease Impacts on Public Health and Safety."
Staff Recommendation: Adopt Resolution No. 2004 -
(Staff: Kim Chudoba)
Regular City Council Meeting Agenda
June 2, 2004
Page 6
10. CONSENT CALENDAR: (continued)
H. Consider Resolution Amending the Fiscal Year 2003/04
Budget to Provide Funding for a City Project to
Undertake the Widening of Los Angeles Avenue between
Leta Yancy Road and Maureen Lane (Pacific Communities
Tentative Tracts 5053 and 5204). Staff
Recommendation: Approve Resolution No. 2004 -
ROLL CALL VOTE REQUIRED (Staff: Kenneth Gilbert)
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
June 2, 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
June 2, 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, June 2, 2004, at 7:00 p.m. in the Council
Chambers of the Moorpark Community Center, 799 Moorpark Avenue,
Moorpark, California, was posted on May 28, 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 May 28, 2004.
�h
Maureen Benson, Deputy City Clerk
NOTICE OF CONTINUANCE OF PUBLIC HEARING
A duly noticed public hearing regarding:
Consider Resolution Amending Specific Plan No. 95 -02;
Zoning Ordinance Amendment No. 2002 -02, a Request to
Amend Chapter 17.74 of the Moorpark Municipal Code
Relating to the Development Standards of Specific Plan
No. 95 -02; and Resolution Approving Residential Planned
Development Nos. 2002 -03, -04, and -05, for Construction
of a Total of 318 Single- Family Detached Residential
Units within Specific Plan No. 95 -02, Located
Approximately One -Half Mile North of the Northerly
Terminus of Spring Road and Three - Fourths of One Mile
East of Walnut Canyon Road on the Application of Pardee
Homes
was held on June 2, 2004, at which time the
the open public hearing to the City Council
July 7, 2004, at 7:00 p.m., in the Community
Moorpark Avenue, Moorpark, California.
Dated: June 3, 2004
�h
Maureen Benson, Deputy City Clerk
City Council continued
meeting to be held on
Center located at 799
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 a Notice of Continuance of Open Public Hearing regarding:
Consider Resolution Amending Specific Plan No. 95 -02;
Zoning Ordinance Amendment No. 2002 -02, a Request to
Amend Chapter 17.74 of the Moorpark Municipal Code
Relating to the Development Standards of Specific Plan
No. 95 -02; and Resolution Approving Residential Planned
Development Nos. 2002 -03, -04, and -05, for Construction
of a Total of 318 Single - Family Detached Residential
Units within Specific Plan No. 95 -02, Located
Approximately One -Half Mile North of the Northerly
Terminus of Spring Road and Three - Fourths of One Mile
East of Walnut Canyon Road on the Application of Pardee
HnmPc
continued from June 2, 2004, to July 7, 2004, was posted on
June 3, 2004, at a conspicuous location near the place of the
meeting:
Moorpark Community Center
799 Moorpark Avenue
Moorpark, California
I declare under penalty of perjury that the foregoing is true
and correct.
Executed on June 3, 2004.
Maureen Benson
Deputy City Clerk