HomeMy WebLinkAboutAGENDA 2004 0707 CC REGResolution No. 2004 -2212
Ordinance No. 302
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, JULY 7, 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. Proclamation Declaring the Month of July as `Parks and
Recreation Month ".
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to be withdrawn from the Consent Calendar shall be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
July 7, 2004
Page 2
7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
8. PUBLIC HEARINGS:
A. 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. (continued open public hearing from
June 2, 2004) Staff Recommendation: 1) Take public
testimony, and close the public hearing; 2) Adopt
Resolution No. 2004- f 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 July 21, 2004; and 4) Adopt Resolution
No. 2004- 01 approving Residential Planned
Development Permit Nos. 2002 -03, 2002 -04, and 2002 -05,
subject to Conditions of Approval. (Staff: Barry
Hogan)
B. Consider Zoning Ordinance Amendment No. 2004 -04: An
Amendment to Chapter 17.12 (Establishment of Zones,
Boundaries, and Maps), Chapter 17.20 (Uses by Zone)
and Chapter 17.44 (Entitlement - Process and
Procedures) of the Moorpark Municipal Code Related to
Entitlement Review Requirements for Certain Uses.
Staff Recommendation: 1) Open the public hearing,
take public testimony, and close the public hearing;
and 2) Introduce Ordinance No. for first reading,
approving Zoning Ordinance Amendment No. 2004 -04, and
schedule second reading and adoption for July 21,
2004. (Staff: David Bobardt)
Regular City Council Meeting Agenda
July 7, 2004
Page 3
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider Resolution Establishing Landscape Design
Standards and Guidelines. (continued from June 2,
2004) Staff Recommendation: Adopt Resolution No.
2004- (Staff: Barry Hogan)
B. Consider Mission Statement, Priorities, Goals and
Objectives for Fiscal Year 2004/2005. (continued from
June 16, 2004) Staff Recommendation: Consider the
priorities, goals and objectives. (Staff: Steven
Kueny)
C. Consider Appointment of Ventura County Area Agency on
Aging Representative and Alternate Representative.
Staff Recommendation: Ratify the election results
from June 21, 2004, and appoint Anthony Bellasalma as
the City's representative to VCAAA and appoint Floyd
Rhoades as the alternate, both to serve a two -year
term from July 1, 2004 through June 30, 2006; and
authorize the City Clerk to send a certification
letter on behalf of the City Council to the Director
of the Ventura County Area Agency on Aging. (Staff:
Deborah Traffenstedt)
D. Consider Action to Change the Name of the Los Angeles
Avenue Located East of Collins Drive. Staff
Recommendation: Direct staff to schedule a public
meeting to consider changing the name for the subject
street segment to Arroyo Drive. (Staff: Kenneth
Gilbert)
E. Consider an Ordinance Amending Chapter 5.06 of the
Moorpark Municipal Code Regulating Cable Television
Systems. Staff Recommendation: Introduce Ordinance
No. for first reading. (Staff: Hugh Riley)
F. Consider Approval of an Implementation Plan for the
Improvements of Vesting Tentative Tract No. 5187
(William Lyon Homes) . Staff Recommendation: Approve
the implementation plan for improvements to Vesting
Tentative Tract No. 5187, subject to final language
revisions by the City Manager and City Attorney.
(Staff: Barry Hogan)
Regular City Council Meeting Agenda
July 7, 2004
Page 4
9. PRESENTATION /ACTION /DISCUSSION: (continued)
G. Consider Report of Annual Review and Request for
Amendment of Development Agreement Established in
Connection with a 35 Acre, Detached Single Family
Residential Unit Project Located on the South Side of
Los Angeles Avenue, West of Leta Yancy Road (Formerly
Liberty Bell Road) (Tract 5053, Pacific Communities)
Staff Recommendation: 1) Accept the Community
Development Director's Report and recommendation that,
on the basis of substantial evidence, Pacific
Communities has complied in good faith with the terms
and conditions of the agreement; 2) Deem the annual
review process complete; and 3) Direct staff to meet
with Pacific Communities concerning potential language
changes and to set a public hearing for the Planning
Commission to consider the draft First Amendment to
Development Agreement and provide a recommendation to
the City Council. (Staff: Barry Hogan)
H. Consider Reinstating an Agreement Between the City and
Caltrans Pertaining to City Maintenance of State
Highways within the City. Staff Recommendation: 1)
Authorize the Mayor to send a letter to Caltrans
approving the reinstatement of the 1985 Agreement
effective August 1, 2004, said letter to include the
clarifying and qualifying language set forth in the
agenda report; 2) Direct staff to re- establish
negotiations with Caltrans for the purpose of
developing a new mutually acceptable Agreement related
to the City maintenance of State Highways, with terms
and conditions consistent with the requirements set
forth in the Mayor's letter and with final language to
be approved by the City Attorney and City Manager; and
3) Authorize the Mayor to sign said Agreement if and
when successful negotiations have been completed.
(Staff: Kenneth Gilbert)
I. Consider a Name for the Undeveloped Park on the Corner
of Magnolia and Charles Streets. Staff
Recommendation: Approve the name of Magnolia Park.
(Staff: Mary Lindley)
Regular City Council Meeting Agenda
July 7, 2004
Page 5
10. CONSENT CALENDAR:
A. Consider Approval of Minutes of Regular Meeting of May
5, 2004.
Consider Approval of Minutes of Special Meeting of May
26, 2004.
Consider Approval of Minutes of Special Meeting of
June 2, 2004.
Consider Approval of Minutes of Special Meeting of
June 9, 2004.
Consider Approval of Minutes of Special Meeting of
June 16, 2004.
Staff Recommendation: Approve the minutes.
B. Consider Approval of Warrant Register for Fiscal Year
2003 -2004 - July 7,
2004.
Manual Warrants
116439
- 116440 &
$
33,004.88
116433
$
15,913.75
Voided Warrant
114373
& 114540 &
$
(5,420.63)
114647
& 116009 &
116466
- 116467
Payroll Liability
116434
- 116438
$
2,645.28
Warrants
Regular Warrants 116442 - 116616 $2,447,464.60
Staff Recommendation: Approve the warrant register.
C. Consider Award of Agreement for Food and Beverage
Vending Machine Services. Staff Recommendation: Award
an agreement to Glendale Amusements for food and
beverage vending machine services and authorize the
City Manager to sign the agreement on behalf of the
City. (Staff: John Hartnett)
Regular City Council Meeting Agenda
July 7, 2004
Page 6
10. CONSENT CALENDAR: (continued)
D. Consider Resolution Determining and Levying the
Special Tax in Community Facilities District (CFD) No.
97 -1 for Fiscal Year 2004/05. Staff Recommendation:
Adopt Resolution No. 2004- to levy the special
taxes in CFD 97 -1 for the 2004/05 fiscal year, as
shown in the agenda report. (Staff: Cynthia
Borchard)
E. Consider Resolution
Special Assessment fo
92 -1 for Fiscal Year
Adopt Resolution
assessments for
fiscal year, as
Cynthia Borchard)
Determining and Levying the
r Assessment District (CFD) No.
2004/05. Staff Recommendation:
2004- to levy the special
parcels in AD 92 -1 for the 2004105
shown in the agenda report. (Staff:
F. Consider Resolutions for Interim Extension of Cable
Television Franchise. Staff Recommendation: Adopt
Resolutions Nos. 2004- and 2004- extending
Cable Television Franchise Agreements with Adelphia
Communications Corporation until September 1, 2004.
(Staff: Hugh Riley)
G. Consider Personal Care Attendants on Moorpark City
Transit Fixed Route. Staff Recommendation: Establish
a policy that allows Personal Care Attendants (PCAs)
accompanying an ADA qualified rider on Moorpark City
Transit fixed route, to ride the bus at no charge.
(Staff: John Brand)
H. Consider Amendment to Agreement for Services with the
Moorpark Chamber of Commerce. Staff Recommendation:
Approve Amendment to the Agreement for Services with
the Moorpark Chamber of Commerce subject to final
language approval by the City Manager and City
Attorney. (Staff: Hugh Riley)
I. Consider Awarding a Contract to Thomsen Landscape for
the Construction of the Metrolink Landscape
Improvement Project. Staff Recommendation: Award the
Metrolink Landscape Improvement construction contract
to Thomsen Landscape and authorize the Mayor to
execute said contract. (Staff: Mary Lindley)
Regular City Council Meeting Agenda
July 7, 2004
Page 7
10. CONSENT CALENDAR: (continued)
J. Consider Request from Roam'n Relics Car Club to Hold
Car Show on October 24, 2004, from 8:00 a.m. to 3:00
p.m. on High Street and Pay Reduced City Fees for the
Event. Staff Recommendation: 1) Waive fee for use of
Redevelopment Agency property, charge Club the
contract billing rate for police services charged by
the County of Ventura, and charge Club the direct cost
of other staff to plan the event; 2) Require Club to
pay an encroachment permit fee ($100) and a temporary
special use permit fee ($88); and 3) Require Club to
provide the City and Agency with an indemnification
agreement and name the City and Agency as additional
insureds in the Club's insurance policy. (Staff: Kim
Chudoba)
K. Consider Bond Reduction for Tract 4980 (Western
Pacific). Staff Recommendation: 1) Authorize the
City Clerk to reduce sureties #SD00100545,
#SD00100546, and #SD00100543 to 10 %; and 2) Authorize
the City Clerk to fully exonerate sureties for Tract
4980 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: Norman Miller)
L. Consider Approval of Selection of Consultant to
Prepare a Preliminary Design Report for the North
Hills Parkway Improvement Project and Adoption of a
Resolution Amending the Fiscal Year 2004/05 Budget to
Fund the Work. Staff Recommendation: Approve the
selection of Parsons to prepare the subject report,
authorize the Mayor to sign an agreement subject to
final language approval by the City Manager and City
Attorney, and adopt Resolution No. 2004- ,
appropriating $300,000 from the Citywide Traffic
Mitigation Fund. ROLL CALL VOTE REQUIRED (Staff:
Norman Miller)
M. Consider Rescinding Ad Hoc Committee for Cardservice
International. Staff Recommendation: Rescind Ad Hoc
Committee for Cardservice International. (Staff:
Steven Kueny)
Regular City Council Meeting Agenda
July 7, 2004
Page 8
10. CONSENT CALENDAR: (continued)
N. Consider Authorizing Staff to Seek Proposals for a New
Five -Year Service Contract for Traffic Signal
Maintenance. Staff Recommendation: Authorize staff
to seek proposals for a five -year Traffic Signal
Maintenance contract. (Staff: Kenneth Gilbert)
0. Consider Authorization of Recordation of the Notice of
Completion for the Villa Campesina Park Improvement
Project. Staff Recommendation: Authorize the City
Clerk to file the Notice of Completion for the project
and authorize the release of the balance of payment,
due upon satisfactory clearance, thirty -five (35) days
after Notice of Completion records, release bonds in
accordance with the contract, and completion of
closeout contractual obligations on the part of the
contractor. (Staff: Mary Lindley)
P. Consider Awarding a Contract for the Spring Road
Parkway Tree Replacement Project (Project 8054) and
the Adoption of a Resolution Amending the Fiscal Year
2004/05 Budget to Fully Fund the Project. Staff
Recommendation: 1) Approve the award of a
construction contract to M &R Landscaping for the
construction of the subject project; and 2) Adopt
Resolution No. 2004- amending the FY 2004/05
Budget for this project. ROLL CALL VOTE REQUIRED
(Staff: Kenneth Gilbert)
Q. Consider Memorandum of Agreement (MOA) with Service
Employees International Union AFL -CIO, CLC Local 998.
Staff Recommendation: Authorize approval of a new
one -year MOA for the time period from July 1, 2004,
through June 30, 2005, and authorize the City Manager
to sign the new MOA following final language approval
by the City Manager and City Attorney. (Staff:
Deborah Traffenstedt)
R. Consider Resolution Amending Personnel Rules and
Regulations for the Positions in the Competitive
Service and Rescinding Resolution No. 2002 -2000.
Staff Recommendation: Adopt Resolution No. 2004- ,
subject to final language changes approved by the City
Manager and City Attorney. (Staff: Deborah
Traffenstedt)
Regular City Council Meeting Agenda
July 7, 2004
Page 9
10. CONSENT CALENDAR: (continued)
S. Consider Approval of Resolution Adopting a Revised
Benefit Program for Management Employees and
Rescinding Resolution No. 2004 -2161. Staff
Recommendation: Adopt Resolution No. 2004 -
(Staff : Deborah Traffenstedt)
T. Consider Resolution Amending the Salary Plan for
Competitive Service, Non - Competitive Service, and
Hourly Employees and Rescinding Resolution No. 2003-
2108. Staff Recommendation: Adopt Resolution No.
2004- (Staff: Deborah Traffenstedt)
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)
Regular City Council Meeting Agenda
July 7, 2004
Page 10
12. CLOSED SESSION: (continued)
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
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
July 7, 2004
Page 11
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, July 7, 2004, at 7:00 p.m. in the Council
Chambers of the Moorpark Community Center, 799 Moorpark Avenue,
Moorpark, California, was posted on July 2, 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 July 2, 2004.
Maureen Benson, Deputy City Clerk