HomeMy WebLinkAboutAGENDA 2005 0601 CC REGResolution No. 2005 -2331
Ordinance No. 316
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, JUNE 1, 2005
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.
5. PUBLIC COMMENT:
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to be withdrawn from the Consent Calendar shall be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 1, 2005
Page 2
8. PUBLIC HEARINGS:
A. Consider Withdrawal from the Ventura County Library
System. (continued from April 6, 2005, with public
hearing open) Staff Recommendation: Direct staff as
deemed appropriate. (Staff: Mary Lindley)
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, Applicant: North Park Village, LP.
(continued from May 18, 2005, with public hearing
closed) Staff Recommendation: 1) Discuss the project
and direct staff as deemed appropriate; 2) Adopt
Resolution No. 2005- certifying the Final
Environmental Impact Report (EIR); 3) Adopt Resolution
No. 2005- making EIR Findings, adopting a
Mitigation Monitoring and Reporting Program, and
making a Statement of Overriding Considerations; and
4) Continue the agenda item with the closed public
hearing to the regular City Council meeting of June
15, 2005. (Staff: (David Bobardt)
C. Consider Proposed Development Agreement Between North
Park Village Limited Partnership and City of Moorpark
Pertaining to General Plan Amendment No. 2001 -05,
Specific Plan No. 2001 -01, and Zone Change No. 2001-
02. Staff Recommendation: 1) Open the public hearing,
accept public testimony and close the public hearing;
and 2) Direct staff as deemed appropriate. (Staff:
Steven Kueny)
D. Consider Final Assessment Engineer's Report for the
Parks and Recreation Maintenance and Improvement
Assessment District and Resolution Confirming the Levy
Amount for Fiscal Year 2005/06. Staff Recommendation:
1) Open the public hearing, take public testimony, and
close the public hearing; 2) Adopt Resolution No.
2005- ROLL CALL VOTE REQUIRED (Staff: Mary
Lindley)
Regular City Council Meeting Agenda
June 1, 2005
Page 3
8. PUBLIC HEARINGS: (continued)
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 2005/06. Staff
Recommendation: 1) Open the public hearing, take
public testimony, and close the public hearing; 2)
Adopt Resolution No. 2005- ; and 3) Direct staff to
present to the City Council in November 2005, a
Resolution amending the FY 05/06 Budget to approve
certain Fund transfers required to "zero -out" FY 04/05
year -end deficits in any of the City's Assessment
District Funds. ROLL CALL VOTE REQUIRED (Staff:
Kenneth Gilbert)
F. Consider Final Review and Changes to the Engineer's
Report for Assessment District 05 -01 (M &M Development
- Parcel Map 5264), and Resolution Confirming the
Assessment Amounts for Fiscal Year 2005/06. 1) Open
the public hearing, take public testimony, and close
the public hearing; 2) Approve the Engineer's Report
for AD05 -01 for FY 2005/06, with no changes from the
report approved by City Council Resolution No. 2005-
2323; and 3) Adopt Resolution No. 2005- ROLL
CALL VOTE REQUIRED (Staff: Kenneth Gilbert)
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider Second Amendment to Memorandum of
Understanding (MOU) Between North Park Village, LP and
City of Moorpark. Staff Recommendation: Approve MOU
subject to final language approval of City Attorney
and City Manager. (Staff: Steven Kueny)
B. Consider Resolution Rescinding Resolution No. 93 -976
Pertaining to Parking Restriction on Miller Parkway
and a Portion of Peach Hill Road and Establishing
Revised Parking Restrictions on Said Streets. Staff
Recommendation: Adopt Resolution No. 2005 -
(Staff: Kenneth Gilbert)
Regular City Council Meeting Agenda
June 1, 2005
Page 4
9. PRESENTATION /ACTION /DISCUSSION: (continued)
C. Consider Ordinance Amending and Replacing in Its
Entirety Chapter 5.06 Cable Communications of Title 5
of the Moorpark Municipal Code. Staff Recommendation:
Introduce Ordinance No. for first reading.
(Staff: Hugh Riley)
D. Consider Authorizing the Removal of Eucalyptus Trees
and Direct Tree Replanting. Staff Recommendation:
Consistent with the agenda report, approve the removal
of 29 mature Eucalyptus trees on Peach Hill Road,
conditioned on the planting of a 24 -inch box tree in
the rear yard of each property where trees are
removed. (Staff: Mary Lindley)
E. Consider Awarding a Contract for the Construction of
the New Corporate Yard and a Resolution Amending the
Fiscal Year 2004/05 Budget to Increase Funding for the
Project. Staff Recommendation: 1) Declare the bid
received for McGillivray Construction to be non-
responsive; 2) Approve the award of contract to
Soltec- Pacific for the construction of the subject
project and authorize the City Manager to execute all
necessary contract documents; and 3) Adopt Resolution
No 2005- increasing the funding for the project.
ROLL CALL VOTE REQUIRED (Staff: Kenneth Gilbert)
10. CONSENT CALENDAR:
A. Consider Approval of Minutes of Regular Meeting of
December 15, 2004.
Consider Approval of Minutes of Special Meeting of May
18, 2005.
Consider Approval of Minutes of Regular Meeting of Ma
18, 2005.
Staff Recommendation: Approve the minutes.
Regular City Council Meeting Agenda
June 1, 2005
Page 5
10. CONSENT CALENDAR: (continued)
B. Consider Approval of Warrant Register for Fiscal Year
2004 -2005 - June 1, 2005.
Manual Warrants 119354 - 119355 & $1,122,420.74
Voided Warrant 118720 & 118895 & $ (1,080.00)
119257
Payroll Liability
Warrants 119349 - 119353 $ 1,710.20
Regular Warrants 119356 - 119446 & $ 47,364.46
119447 - 119465 $ 321,727.83
Staff Recommendation: Approve the warrant register.
C. Consider Resolution Amending the Fiscal Year 2004/05
Budget for Heating /Venting /Air Conditioning (HVAC)
Cleaning. Staff Recommendation: Adopt Resolution No.
2005- amending the FY budget to appropriate
$16,700 from the General Fund Reserve for HVAC
Cleaning. ROLL CALL VOTE REQUIRED (Staff: Mary
Lindley)
D. Consider Award of Contract to Premium Construction for
Mountain Meadows Park Playground Improvements and
Resolution Amending the Fiscal Year 2004/05 Budget.
Staff Recommendation: Award a contract to Premium
Construction in an amount not to exceed $38,630,
authorize the City Manager to sign on behalf of the
City, and adopt Resolution No. 2005- , amending the
project budget. ROLL CALL VOTE REQUIRED (Staff:
Mary Lindley)
E. Consider Notice of Completion for the Construction of
a Double Left Turn Lane on Spring Road at Tierra
Rejada Road. Staff Recommendation: Accept the work
as complete. (Staff: Kenneth Gilbert)
F. Consider Notice of Completion for the Construction of
the Spring Road Median Landscaping North of Second
Street and the Replacement of the Parkway Trees on the
East Side of Tierra Rejada Road South of Courtney
Lane. Staff Recommendation: Accept the work as
complete. (Staff: Kenneth Gilbert)
Regular City Council Meeting Agenda
June 1, 2005
Page 6
10. CONSENT CALENDAR: (continued)
G. Consider Entering into a Contractual Agreement with
the Moorpark Packers of the Gold Coast Football
League. Staff Recommendation: Approve the proposed
use agreement with Moorpark Packer Football pending
final language approval by the City Attorney and City
Manager, and authorize the Mayor to sign the Agreement
on behalf of the City. (Staff: Mary Lindley)
H. Consider Subdivision Bond Reduction for Richmond
American Homes of California, Inc. (Tract 4977) .
Staff Recommendation: 1) Authorize the City Clerk to
reduce Subdivision Bond - Street Improvements
(Performance /Labor & Materials) to loo for Richmond
American Homes of California, Inc. (Tract 4977); and
2) Authorize the City Clerk to fully exonerate the
aforementioned sureties for Tract 4977 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)
I. Consider Resolution Amending the Fiscal Year 2004/05
Budget for Active Adult Center Repairs and Notice of
Completion for the Project. Staff Recommendation: 1)
Adopt Resolution No. 2005- , amending the FY 2004/05
Budget; and 2) Authorize the City Clerk to file the
Notice of Completion, and release of bonds thirty -five
(35) days after Notice of Completion records
consistent with the contract. ROLL CALL VOTE REQUIRED
(Staff: Mary Lindley)
11. ORDINANCES:
A. Consider Ordinance No. 315, an Ordinance of the Cit
of Moorpark, Authorizing an Amendment to the Contract
between the City and the Board of Administration of
the California Public Employees' Retirement System
(CalPERS) to Provide Section 21623.5 Retired Death
Benefit. Staff Recommendation: Waive full reading
and declare Ordinance No. 315 read for the second time
and adopted as read.
Regular City Council Meeting Agenda
June 1, 2005
Page 7
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 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
D. 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 /City Clerk; Administrative Services
Manager; Assistant City Manager; City Engineer;
Community Development Director; Finance and Accounting
Manager; Finance Director; Information Systems
Manager; Parks and Facilities Superintendent; Parks,
Recreation and Community Services Director; Planning
Manager; Principal Planner; Public Works Director;
Public Works Superintendent; Recreation Manager;
Redevelopment Manager; and Senior Management Analyst
E. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Subdivision (b) of Section 54957 of the
Government Code)
Title: Administrative Services Director /City Clerk;
Assistant City Manager; City Manager; City Attorney;
City Engineer; Chief of Police; Community Development
Director; Finance Director; Parks, Recreation and
Community Services Director; and Public Works Director
13. ADJOURNMENT:
In compliance with a Americans with Disabilities Act, i 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 1, 2005
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 1, 2005, at 7:00 p.m. in the Council
Chambers of the Moorpark Community Center, 799 Moorpark Avenue,
Moorpark, California, was posted on May 27, 2005, 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 27, 2005.
Maureen Benson, Deputy City Clerk