HomeMy WebLinkAboutAGENDA 2005 0907 CC REGResolution No. 2005 -2374
Ordinance No. 319
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, SEPTEMBER 7, 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. Introduction of New City Employee, Teddy Okoye,
Assistant City Engineer.
B. Proclamation Recognizing the New West Symphony
Orchestra upon Their Tenth Anniversary.
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be withdrawn from the Consent Calendar shall be identified at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.)
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 7, 2005
Page 2
7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
8. PUBLIC HEARINGS:
A. 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 June 15, 2005, with public hearing
closed) Staff Recommendation: Continue subject items
with public hearing closed to September 21, 2005.
(Staff: David Bobardt)
B. 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. (continued from June 15, 2005, with public
hearing closed) Staff Recommendation: Continue closed
public hearing to September 21, 2005. (Staff:
Steven Kueny)
C. Consider Resolutions Continuing Public Hearings
Concerning the Formation of Community Facilities
District No. 2004 -1 (Moorpark Highlands) and Community
Facilities District No. 2004 -2 (Moorpark Vistas) to
September 21, 2005. (continued from July 20, 2005,
with public hearing open) Staff Recommendation: 1)
Continue open public hearings; and 2) Adopt
Resolutions Nos. 2005- and 2005- continuing
the open public hearings to September 21, 2005.
(Staff: Hugh Riley)
D. Consider Resolution Declaring the Private Parking
Facilities Located at the Northwest Corner of Los
Angeles Avenue and Goldman Avenue (IPD- 2000 -10),
Subject to the Provisions of The California Vehicle
Code. Staff Recommendation: 1) Open the public
hearing, receive public testimony, and close the
public hearing; and 2) Adopt Resolution No. 2005.
(Staff: Kenneth Gilbert)
Regular City Council Meeting Agenda
September 7, 2005
Page 3
8. PUBLIC HEARINGS: (continued)
E. Consider Resolution Declaring the Private Streets
within Tract 5133 to be Subject to the Provisions of
the California Vehicle Code. Staff Recommendation:
1) Open the public hearing, receive public testimony,
and close the public hearing; and 2) Adopt Resolution
No. 2005- (Staff: Kenneth Gilbert)
F. Consider Zoning Ordinance Amendment No. 2004 -06: to
Chapter 17.40 (Sign Requirements) to Address
Banner /Special Event Signing, Open House, Garage Sale
Signing, and to Reorganize the Sign Regulations for
Greater Clarity and Ease of Use. Staff
Recommendation: 1) Open the public hearing, accept
public testimony, and close the public hearing; and 2)
Introduce Ordinance No. , approving Zoning
Ordinance Amendment No. 2005 -06, for first reading and
schedule second reading and adoption for September 21,
2005. ( Staff : Barry Hogan)
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider Awarding a Contract for the Construction of
Median Landscaping on Tierra Rejada Road East of
Spring Road (Project 8042) and Resolution Amending the
Fiscal Year 2005/06 Budget to Fund Said Project.
Staff Recommendation: 1) Approve the award of a
construction contract to Environmental Construction,
Inc. for the construction of subject project; and 2)
Adopt Resolution No. 2005- amending the FY
2005/06 budget for said project. ROLL CALL VOTE
REQUIRED (Staff: Kenneth Gilbert)
B. Consider Teen Council Appointment to Fill One Vacancy.
Staff Recommendation: Direct staff as deemed
appropriate. (Staff: Deborah Traffenstedt)
C. Consider an Ordinance of the City of Moorpark,
Amending Title 6, Animal Regulations, to Reflect
Current Conditions and Services and Make Technical
Chanqes for Clarity of Lanauaae and Purpose. Staff
Recommendation: Introduce Ordinance No. for first
reading, waive full reading, and declare the ordinance
introduced for first reading. (Staff: John Brand)
Regular City Council Meeting Agenda
September 7, 2005
Page 4
9. PRESENTATION /ACTION /DISCUSSION: (continued)
D. Consider Ad Hoc Committee Recommendation on a
Development Agreement with Warehouse Discount Center
for the Property Located on the East Side of State
Route 23, Immediately North of New Los Angeles Avenue
(Lot 1 of Tract 5004). Staff Recommendation: Direct
staff to set and advertise public hearings before the
Planning Commission and City Council for consideration
of the proposed development agreement. (Staff: Barry
Hogan)
10. CONSENT CALENDAR:
A. Consider Approval of Minutes of Regular Meeting of
January 19, 2005.
Consider Approval of Minutes of Regular Meeting of
July 20, 2005.
Staff Recommendation: Approve the minutes.
B. Consider Approval of Warrant Register for Fiscal Year
2004 -2005 - September 7, 2005.
Manual Warrants 119881 - 119937 & $ 24,925.21
120014 - 120031 & $ 434,925.31
120126 - 120153 & $ 14,230.75
120154 - 120182 $ 506,242.46
Voided Warrant 120158 $ (0.00)
Staff Recommendation: Approve the warrant register.
C. Consider Approval of Warrant Register for Fiscal Year
2005 -2006 - September 7, 2005.
Manual Warrants 119877 - 119880 $ 23,269.30
Voided Warrant 120034 & $ (931.00)
120189 - 120194 & $ (0.00)
120299 $ (0.00)
Payroll Liability 119938 - 119941 & $ 835.00
Warrants 120032 - 120036 & $ 1,761.00
120293 - 120297 & $ 1,777.75
120298 $ 931.00
Regular City Council Meeting Agenda
September 7, 2005
Page 5
10. CONSENT CALENDAR: (continued)
Regular Warrants 119942
- 120001 &
$
18,918.57
120002
- 120013 &
$
148,400.49
120037
- 120125 &
$
37,244.67
120183
- 120292
$
798,433.48
Staff Recommendation: Approve the warrant register.
D. Consider Resolution Establishing Parking Restrictions
on Harvester Street. Staff Recommendation: Adopt
Resolution No. 2005- (Staff: Kenneth Gilbert)
E. Consider Authorization to Proceed with the Los Angeles
Avenue /Tierra Rejada Road Parkway Landscaping Project
(Project 8033). Staff Recommendation: Direct staff
to proceed with the development and implementation of
the subject project, as described in the agenda
report. (Staff: Kenneth Gilbert)
F. Consider Request for the Formation of Assessment
District AD06 -01 (Shea Homes - Tentative Tract Map No.
5133) and Resolution Initiating the Proceedings for
Same. Staff Recommendation: 1) Accept and approve
the Petition and Waiver from Shea Homes requesting the
formation of Assessment District AD06 -01; and 2) Adopt
Resolution No. 2005- initiating the proceedings
required for the formation of said District. (Staff:
Kenneth Gilbert)
G. Consider Resolution Delegating Denial Authority to the
City Manager Concerning Requests for the Transfer of
Cable Television System Franchise Responsibilities to
Time Warner. Staff Recommendation: Adopt Resolution
No. 2005- (Staff: Hugh Riley)
H. Consider Resolution Amending the Fiscal Year 2005/06
Budget to Appropriate $18,500 for Miscellaneous
Computer Related Supplies. Staff Recommendation:
Adopt Resolution No. 2005- ROLL CALL VOTE
REQUIRED (Staff: Deborah Traffenstedt)
I. Consider Rejection of Claim: Richard Zeiler. Staff
Recommendation: Reject the claim and direct staff to
send a standard rejection letter to claimant. (Staff:
Deborah Traffenstedt)
Regular City Council Meeting Agenda
September 7, 2005
Page 6
10. CONSENT CALENDAR: (continued)
J. Consider Authorizing Use of City Marquee Signs and
Portable Lights for Rotary Club Civil War Reenactment
Event Scheduled for November 5 and 6, 2005, at Tierra
Rejada Ranch. Staff Recommendation: Approve use of
City marquee signs and approve use of City portable
lights, subject to conditions specified in the agenda
report. (Staff: Deborah Traffenstedt)
K. Consider Report of Annual Development Agreement
Review, Established in Connection with Moorpark
Country Club Estates, Located Approximately 2,700 Feet
South of Broadway between Grimes Canyon Road and
Walnut Canyon Road (Tract 4928), on the Application of
Toll Brothers, Inc. Staff Recommendation: 1) Accept
the Community Development Director's Report and
recommendation that, on the basis of substantial
evidence, Toll Brothers, Inc. has complied in good
faith with the terms and conditions of the agreement;
and 2) Deem the annual review process complete.
(Staff: Barry Hogan)
L. Consider Report of Annual Development Agreement
Review, Established in Connection with Vistas at
Moorpark, Located on the West Side of Walnut Canyon
Road, Approximately 3,500 Feet North of Casey Road, on
the Application of Moorpark 150, LLC (SunCal
Companies). Staff Recommendation: 1) Accept the
Community Development Director's Report and
recommendation that, on the basis of substantial
evidence, Moorpark 150 LLC (SunCal Companies) has
complied in good faith with the terms and conditions
of the agreement; and 2) Deem the annual review
process complete. (Staff: Barry Hogan)
M. Consider Final Map Approval for Tract Map No. 5133.
Staff Recommendation: Authorize the Mayor and City
Clerk to sign the map and the City Clerk to cause
Tract Map No. 5133 to be recorded in the office of the
Ventura County Recorder. (Staff: Barry Hogan)
Regular City Council Meeting Agenda
September 7, 2005
Page 7
10. CONSENT CALENDAR: (continued)
N. Consider Arroyo Vista Community Park Traffic Flow
Improvements and Notice of Completion. Staff
Recommendation: Approve the AVCP Traffic Flow
Improvement plans and specification and 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
contractor. (Staff: Mary Lindley)
0. Consider Resolution Amending the Fiscal Year 2005/06
Budget for Modification to the City Hall Public
Counter. Staff Recommendation: Adopt Resolution No.
2005- 1 amending the FY 2005/06 budget by
appropriating $30,000 from the General Fund Reserve to
the Parks, Recreation, and Community Services
Department's Facility Division budget. (ROLL CALL VOTE
REQUIRED) (Staff: Mary Lindley)
P. Consider Agreement for Professional Services with
MuniFinancial as Special Tax Consultant Relating to
the Formation,. Financing, and Annual Administration of
Moorpark Highlands and Moorpark Vista Community
Facilities Assessment Districts. Staff Recommendation:
Approve agreement for professional services with
MuniFinancial, subject to final language approval by
the City Manager and the City Attorney. (Staff: Hugh
Riley)
Q. Consider Surety Bond Reduction for Richmond American
Homes of California, Inc. (Tract 4977). 1) Authorize
the City Clerk to reduce Surety Bond #23 -89 -85 for
Monuments to loo for Richmond American Homes of
California, Inc. (Tract 4977); and 2) Authorize the
City Clerk to fully exonerate the referenced surety
(Tract 4977) one year after the approval of the
reduction of the surety bond and upon written
confirmation from the City Engineer that no warranty
work is required. (Staff: Rusty Reed)
Regular City Council Meeting Agenda
September 7, 2005
Page 8
10. CONSENT CALENDAR: (continued)
R. Consider Surety Bond Reductions for Zelman Moorpark
Marketplace, LLC (Tract 5321). 1) Authorize the City
Clerk to reduce Surety Bonds #103849609 for Street
Improvements, #103849610 for Site Improvements, and
#103849591 for Monuments to 10% for Zelman Moorpark
Marketplace, LLC (Tract 5321) ; and 2) Authorize the
City Clerk to fully exonerate the aforementioned
sureties (Tract 5321) one year after this approval of
the reduction of surety bonds and upon written
confirmation from the City Engineer that no warranty
work is required. (Staff: Rusty Reed)
S. Consider Surety Bond Reductions for Cabrillo Economic
Development Corporation, Mountain View Homes (Tract
5161). 1) Authorize the City Clerk to reduce Surety
Bonds #3SM98563000 for Performance and Payment,
#3SM98563200 for Grading, #3SM98563300 for Subdivision
and Faithful Performance, #835229S for Performance and
Payment, and #835830S for Grading to loo for Cabrillo
Economic Development Corporation, Mountain View Homes
(Tract 5161); and 2) Authorize the City Clerk to fully
exonerate the aforementioned sureties one year after
this approval of the reduction of surety bonds and
upon written confirmation from the City Engineer that
no warranty work is required. (Staff: Rusty Reed)
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)
Regular City Council Meeting Agenda
September 7, 2005
Page 9
12. CLOSED SESSION: (continued)
C. 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 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 7, 2005
Page 10
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 September 7, 2005, at 7:00 p.m. in the Council
Chambers of the Moorpark Community Center, 799 Moorpark Avenue,
Moorpark, California, was posted on September 2, 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 September 2, 2005.
Maureen Benson, Deputy City Clerk