HomeMy WebLinkAboutAGENDA 2004 0901 CC REGResolution No. 2004 -2231
Ordinance No. 304
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, SEPTEMBER 1, 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 3rd of July Event Sponsors.
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to be withdrawn from the Consent Calendar shall be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
September 1, 2004
Page 2
7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
8. PUBLIC HEARINGS:
A. 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.
(continued from July 21, 2004, with public hearing
open) Staff Recommendation: 1) Continue to 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 September 15,
2004. (Staff: Barry Hogan)
B. Consider Resolution for Commercial Planned Development
Permit (CPD) No. 2004 -01 for the Construction of a
131,745 Square Foot Shopping Center Located on the
Southwest Corner of New Los Angeles Avenue and Miller
Parkway on the Application of Nearon Enterprises, LLC.
Staff Recommendation: 1) Open the public hearing,
take public testimony, and close the public hearing;
and 2) Adopt Resolution No. 2004- 1 approving CPD
Permit No. 2004 -01, subject to Conditions of Approval.
(Staff: Barry Hogan)
C. Consider General Plan Amendment Pre - Screening
Application No. 2004 -03 to Convert 8.8 Acres from a
General Commercial (C -2) Designation to Very High
Density Residential (VH) and Public (Pub) Designations
on the West Side of Moorpark Avenue between Lassen
Avenue and Los Angeles Avenue on the Application of
Comstock Homes. Staff Recommendation: 1) Open the
public hearing, accept public testimony and close the
public hearing; 2) Direct staff to accept a General
Plan Amendment application, provided that all other
necessary entitlement applications are filed
concurrently; and 3) Appoint an Ad Hoc Committee for
the project and development agreement. (Staff: Barry
Hogan)
Regular City Council Meeting Agenda
September 1, 2004
Page 3
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider Status Report on the Construction of
Calleguas' Las Posas Feeder No. 3 Waterline Project.
Staff Recommendation: Receive and file the report.
(Staff: Kenneth Gilbert)
B. Consider Approval of a Phase 1 Feasibility Study
Related to the Possible Construction of the Drain No.
2 Trail Segment (Project 8059). Staff Recommendation:
Authorize staff to proceed with the Phase 1 report for
the Drain No. 2 Feasibility Study. (Staff: Kenneth
Gilbert)
C. Consider Adjustment to Moorpark City Council
Compensation and Benefits. Staff Recommendation:
Direct staff as deemed appropriate. (Staff: Steven
Kueny)
D. Consider Resolution of Intention to Amend the Contract
between the Board of Administration of the California
Public Employees' Retirement System (Ca1PERS) and the
City of Moorpark and First Reading of an Ordinance
Authorizing an Amendment to the Contract between the
City and the Board of Administration of CalPERS to add
a Pre - Retirement Optional Settlement 2 Death Benefit.
Staff Recommendation: 1) Adopt Resolution of Intention
No. 2004- 2) Waive full reading and introduce
Ordinance No. for first reading; and 3) Direct
that second reading of the ordinance shall occur on
October 6, 2004. (Staff: Deborah Traffenstedt)
E. Consider Sale of Surplus, 1,500 Square Foot Metal
Building at Ventura County Waterworks Equipment Yard -
7150 Walnut Canyon Road, Moorpark, California. Staff
Recommendation: Declare as surplus property and
approve the sale of 1,500 square foot building located
on leased property at 7150 Walnut Canyon Road.
(Staff: Hugh Riley)
Regular City Council Meeting Agenda
September 1, 2004
Page 4
10. CONSENT CALENDAR:
A. Consider Approval of Minutes of Special Meeting of
Julv 7, 2004.
Consider Approval of Minutes of Special Meeting of
Julv 21, 2004.
Consider Approval of Minutes of Special Meeting of
Julv 28, 2004.
Staff Recommendation: Approve the minutes.
B. Consider Approval of Warrant Register for Fiscal Year
2003 -2004 - September 1, 2004.
Voided Warrants 116908 &
116913 - 116915 $ 0.00
Regular Warrants 116768 - 116834 $ 166,485.23
116905 - 116937 $ 548,420.06
117047 - 117056 $ 132,449.21
Staff Recommendation: Approve the warrant register.
C. Consider Approval of Warrant Register for Fiscal Year
2004 -2005 - September 1, 2004.
Manual Warrants
116767
$
70.00
116901 -
116902
$
2,722.41
116903 -
116904
$
15,059.52
Voided Warrants
116741 &
116848
$
(1,098.35)
& 116861
Payroll Liability
116762 -
116766
$
1,883.28
Warrants
116897 -
116900
$
947.78
117042 -
117046
$
1,878.78
117164 -
117168
$
1,878.78
Regular Warrants
116835 -
116896
$
520,252.77
116938 -
117041
$
482,722.88
117057 -
117163
$
57,798.81
117169 -
117184
$
219,430.63
Staff Recommendation: Approve the warrant register.
Regular City Council Meeting Agenda
September 1, 2004
Page 5
10. CONSENT CALENDAR: (continued)
D. Consider Purchase of Online Registration Software
System for Recreation Programs. Staff Recommendation:
Approve the purchase of RecWare Safari Software
System. (Staff: John Hartnett)
E. Consider Resolution Amending the Fiscal Year 2004/05
Budget to Fund
Parkway Tree
and Sidewalk Replacement
of Tierra Rejada Road
(Project 8033).
Staff
Recommendation:
Approve the
subject project
and adopt
Resolution No.
2004-
ROLL CALL- VOTE
REQUIRED
(Staff: Kenneth
Gilbert)
F. Consider Request from Moorpark Girls Softball for Use
of Snack Bar for Winter League. Staff Recommendation:
Approve the request from Moorpark Girls Softball to
use the snack bar adjacent to the ballfields at Arroyo
Vista Community Park on Sundays as outlined in the
agenda report and authorize the City Manager to
execute an amendment to the City's Agreement with
Moorpark Girls Softball documenting this action.
(Staff: John Hartnett)
G. Consider a Two -Year Contract with Videomax
Productions, Inc. for Provision of Cable Government
Channel Production, Operations, Maintenance, and
Related Services, and Consider a Resolution Amending
the FY 2004/2005 Budget to Provide for New Digital
Signage Equipment for the City's Cable Access Channel.
Staff Recommendation: 1) Approve a two -year agreement
with Videomax Productions, Inc., effective July 1,
2004, subject to final language approval by the City
Manager and City Attorney; 2) Approve Resolution No.
2004- ROLL CALL VOTE REQUIRED (Staff: Hugh
Riley)
H. Consider Award of Contract to Cosco for Computer Room
Fire Suppression System. Staff Recommendation: Award
a contract to Cosco Fire Protection and authorize the
City Manager to execute the agreement on behalf of the
City. (Staff: Mary Lindley)
Regular City Council Meeting Agenda
September 1, 2004
Page 6
10. CONSENT CALENDAR: (continued)
I. Consider Resolution Amending the Fiscal Year 2004/05
Adopted Budget to Design a Backup Power System for
Arroyo Vista Recreation Center. Staff Recommendation:
Adopt Resolution No. 2004- f amending the FY
2004/05 budget by appropriating $5,500 from the
General Fund Reserve to the AVRC Backup Power Project.
ROLL CALL VOTE REQUIRED (Staff: Mary Lindley)
J. Consider Budget Amendment to Prepare a Tree
Maintenance Plan. Staff Recommendation: Adopt
Resolution No. 2004- amending the FY 2004/05
budget by appropriating $7,000 from the General Fund
Reserve for the preparation of a Tree Maintenance
Plan. ROLL CALL VOTE REQUIRED (Staff: Mary Lindley)
K. Consider Closure of the West End of Charles Street and
the West End of Everett Street at Moorpark Avenue.
Staff Recommendation: Staff and the Transportation
and Streets Committee (Councilmembers Harper and
Millhouse) recommend no further efforts be taken to
implement the subject proposed street closure.
(Staff: Kenneth Gilbert)
L. Consider Rejection of Claims: Wayne and Martha Rose;
Elaine, Richard, Timothy and Zachary Penprase; Joe and
Bonnie Mavaroles; Sang Unz and Linn Dang; Cindy and
Scott Kroeber; Ray M. Hebel and Pamela M. Knitowski;
Paul and Tamara Vertullo; Levin Valladares; Augusto,
Soledad, Fortunata and Amparo Remulla; Harvey and
Linda Plaks; Bruce and Della Brackett; James,
Michelle, Lauren, Nicholas and Eric Petersen; Jack,
Carrie and Mackenzie Davis; Mary Ann Jones; and Joseph
and Frances Levy. Staff Recommendation: Reject the
claims and direct staff to send a standard rejection
letter to the claimants. (Staff: Deborah Traffenstedt)
M. Consider Reclassification of Two Secretary II
Positions to Administrative Secretary. Staff
Recommendation: Authorize reclassification of
Assistant City Manager/ Redevelopment Agency and City
Clerk's Department Secretary II positions to
Administrative Secretary, effective with the pay
period beginning on or after September 4, 2004.
(Staff: Deborah Traffenstedt)
Regular City Council Meeting Agenda
September 1, 2004
Page 7
10. CONSENT CALENDAR: (continued)
N. Consider Exoneration
California Edison Access
Vista Community Park.
Authorize the City Clerk
grading sureties #6114920
Miller)
)f Sureties for Southern
Road Project East of Arroyo
Staff Recommendation:
to exonerate performance and
and #6114921. (Staff: Brad
0. Consider Waiver of Development Fees for the
Corporation Yard Project. Staff Recommendation:
Approve the waiver of development fees listed in the
agenda report for the Corporation Yard Project.
(Staff: Kenneth Gilbert)
P. Consider Professional Services Agreement between the
City of Moorpark and Christopher A. Joseph Associates
and Agreement between the City of Moorpark and Toll
Brothers, Inc. for the Preparation of an Initial Study
Related to General Plan Amendment No. 2003 -04, Zone
Change No. 2003 -03, Tentative Map Nos. 5463 and 5464,
Residential Planned Development Permit No. 2003 -04,
and Residential Planned Development Permit No. 1994-
01, Modification No. 6. Staff Recommendation:
Approve Professional Services Agreement for an amount
not to exceed $83,088.00 with Christopher A. Joseph
Associates and an Agreement with Toll Brothers, Inc.
for the preparation of an Initial Study for General
Plan Amendment No. 2003 -04 and related applications,
subject to final language approval by the City Manager
and City Attorney; and authorize the City Manager to
sign the Agreement. (Staff: Barry Hogan)
Q. Consider Approval of a Budget Amendment to Transfer
and Appropriate Funds to Cover the Cost of a Grading
Permit for a Fire Rebuild. Staff Recommendation: 1)
Adopt Resolution No. 2004- amending the fiscal
year 2004 -05 Community Development Budget,
appropriating $8,000 from the Community Development
Fund and $6,700 from the General Fund Reserve, for
waiver of building permits and grading permit fees for
the fire rebuild homes referenced in the agenda
report; and 2) Authorize staff to implement the fee
waiver for grading permit consistent with the agenda
report. ROLL CALL VOTE REQUIRED (Staff: Barry
Hogan)
Regular City Council Meeting Agenda
September 1, 2004
Page 8
10. CONSENT CALENDAR: (continued)
R. Consider Resolution Authorizing Application for
CalHome Funds for Affordable Housing Development and
Authorizing City Manager to Execute all Documents
Required to Participate in Program. Staff
Recommendation: Adopt Resolution No. 2004 -
(Staff: Nancy Burns)
11. ORDINANCES:
A. Consider Ordinance No. 303, An Ordinance of the Cit
of Moorpark, California, Amending Chapter 5.06
"Moorpark Cable Television Ordinance ". Staff
Recommendation: Declare Ordinance No. 303 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)
Regular City Council Meeting Agenda
September 1, 2004
Page 9
12. CLOSED SESSION: (continued)
E. 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
F. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 45 E. High Street (APN 512 -0 -091 -080)
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: The City of Moorpark and Janss IV
Recreation Inc. (Larry Janss)
Under Negotiation: Price and terms of payment
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
September 1, 2004
Page 10
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
I, Blanca Garza, 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, September 1, 2004 at 7:00 p.m. in the
Council Chambers of the Moorpark Community Center, 799 Moorpark
Avenue, Moorpark, California, was posted on August 27, 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 August 27, 2004.
&- �
Blanca Garza, Deputy City Clerk