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Resolution No. 2010-2898
Ordinance No. 385
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, APRIL 21, 2010
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 Recognizing May 1, 2010, as Show Us Your Hope/Paint
Moorpark Purple Day.
B. Proclamation Recognizing April 22, 2010, as Earth Day.
5. PUBLIC COMMENT:
(AT THIS POINT IN THE MEETING, THE COUNCIL WILL CONVENE THE REGULAR
REDEVELOPMENT AGENCY MEETING, UNLESS CANCELED.)
All writings and documents provided to the majority of the City Council regarding all open-session agenda items are
available for public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business
hours. The agenda packet for all regular City Council meetings is also available on the City's website at
www.ci.moorpark.ca.us.
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; for a Presentation/Action/Discussion item,prior to the
Mayor's call for speaker cards for each Presentation/Action/Discussion agenda item;and for a Public Hearing item,prior to
the opening of each Public Hearing,or beginning of public testimony for a continued 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. Any questions concerning any
agenda item may be directed to the City Clerk's office at 517-6223.
Regular City Council Meeting Agenda
April 21, 2010
Page 2
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
(Pursuant to Council Rules of Procedure, Section 2.9, Items to be
withdrawn from the Consent Calendar shall be identified at this time.)
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND
MAYOR:
8. PUBLIC HEARINGS:
9. PRESENTATION/ACTION/DISCUSSION:
A. Consider Interim Urgency Ordinance Making Findings and Establishing a
Temporary Moratorium on Permitting New Massage Establishments; and
Consider Resolution Directing the Planning Commission to Study, Hold a
Public Hearing, and Provide a Recommendation on an Ordinance
Amending Chapter 5.48 Massage Establishments and Therapists, of Title
5 Business Taxes, Licenses and Regulations, and Section 17.20.060,
Permitted Uses in Commercial and Industrial Zones, of Title 17 Zoning, of
the Moorpark Municipal Code. Staff Recommendation: 1) Adopt Interim
Urgency Ordinance No. ; 2) Adopt Resolution No. 2010- ; and 3)
Direct staff to schedule and notice a public hearing for May 19, 2010 to
extend the Interim Ordinance. ROLL CALL VOTE REQUIRED - 4/5ths
AFFIRMATIVE (Staff: David Bobardt)
B. Consider Update on Filing of Letter of Map Changes (LOMC) to Federal
Emergency Management Agency (FEMA) for the 2010 Digital Flood
Insurance Rate Map (DFIRMI. Staff Recommendation: Continue with the
study and process the LOMC to FEMA and return to the City Council with
a final report on the map amendments on obtaining the determination from
FEMA. (Staff: Yugal Lail)
C. Consider College View Dog Park Proposed Design Plan, Amenities,
Rules, and Budget. Staff Recommendation: 1) Approve the proposed
design plan, amenities, and rules; and 2) Approve the budget and use of
funds from the Park Improvement Zone 2 Fund. (Staff: Tom Kruse)
D. Consider Appointment of Ad-Hoc Committee Members to Negotiate the
Terms of a Development Agreement between the City and Pardee Homes
for the Residential Development of Planning Area 7 of the Moorpark
Highlands Specific Plan. Staff Recommendation: Appoint
Councilmembers Millhouse and Van Dam to the Moorpark Highlands
Planning Area 7 development agreement ad-hoc committee. (Staff:
David Bobardt)
Regular City Council Meeting Agenda
April 21, 2010
Page 3
9. PRESENTATION/ACTION/DISCUSSION: (continued)
E. Consider Scheduling of the Summer Meeting Recess. Staff
Recommendation: Directs staff to post a notice of meeting cancellation for
the selected summer recess date(s). (Staff: Deborah Traffenstedt)
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Minutes of Regular Meeting of March 17, 2010. Staff
Recommendation: Approve the minutes.
B. Consider Warrant Register for Fiscal Year 2009-2010 — April 21, 2010.
Staff Recommendation: Approve the warrant register.
C. Consider Resolution Adopting Parking Restrictions on Campus Canyon
Drive and Monroe Avenue and Rescinding Resolution Nos. 95-1118, 98-
1421, and 2004-2272. Staff Recommendation: Adopt Resolution No.
2010- . (Staff: Deborah Traffenstedt)
D. Consider Cancellation of Program for Employee Resourcefulness and
Creativity WERC). Staff Recommendation: Cancel PERC effective April
21, 2010, and direct staff to not budget funds to support this program in
the next fiscal year. (Staff: Deborah Traffenstedt)
E. Consider Annual Review of Miscellaneous City Fees and Charges
Resolution. Staff Recommendation: Receive and file report. (Staff:
Deborah Traffenstedt)
F. Consider Resolution Authorizing the Destruction of Specified Finance and
Human Resources Records. Staff Recommendation: Adopt Resolution
No. 2010- . (Staff: Deborah Traffenstedt)
G. Consider Vacancy on Teen Council. Staff Recommendation: Leave the
current vacancy unfilled. (Staff: Deborah Traffenstedt)
H. Consider Resolution Authorizing Submittal of a Used Oil Payment
Program Application to the California Department of Resources Recycling
and Recovery (CalRecycle). Staff Recommendation: Adopt Resolution
No. 2010- . (Staff: Jennifer Mellon)
I. Consider Resolution Amending the Fiscal Year 2009/10 Budget to Include
Energy Efficiency and Conservation Block Grant Stimulus Monies. Staff
Recommendation: Adopt Resolution No. 2010- ROLL CALL VOTE
REQUIRED (Staff: Jennifer Mellon)
Regular City Council Meeting Agenda
April 21, 2010
Page 4
10. CONSENT CALENDAR: (continued)
J. Consider Exoneration of Suretx Bonds for The Village at Moorpark, LLC
(Lot 2 of Tract 4973, CPD 2004-01). Staff Recommendation: Authorize
the City Clerk to exonerate Grading Bond No. 720529S in the amount of
$55,978.57 and Road Encroachment Permit Bond No. 720532C in the
amount of $4,501.00. (Staff: Yugal Lail)
K. Consider Exoneration of Improvements/Performance & Payment Bonds
for KB Homes Greater Los Angeles, Inc. (Tract 5045-8). Staff
Recommendation: Authorize the City Clerk to fully exonerate the
Improvements/Performance & Payment Bond No. 6444591 in the amount
of $1,973,564.96 and Erosion Control Bond No. K07509406 in the amount
of $594,410.32. (Staff: Yugal Lail)
L. Consider Surety Bond Reduction to 25% for Shea Homes, (Tract 51331.
Staff Recommendation: Authorize the City Clerk to reduce Performance &
Payment Bond No. 104324725 by 25% to $872,089.43, Labor & Materials
Bond No. 104324725 by 25% to $436,044.71, and Grading &
Improvements Bond No. 104324727 by 25% to $191,166.95. (Staff:
Yugal Lail)
M. Consider Report of Annual Development Agreement Review, Established
in Connection with Vistas at Moorpark, Tract 5130, Located on the East
Side of Walnut Canyon Road, Approximately 3,500 Feet North of Casey
Road, on the Application of Moorpark 150, LLC. Staff Recommendation:
1) Accept the Community Development Director's report and
recommendation, and find, on the basis of substantial evidence, that
Moorpark 150, LLC has complied in good faith with the terms and
conditions of the agreement; and 2) Deem the annual review process
complete. (Staff: David Bobardt)
N. 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 (Tract 4928), on the Application of Toll Brothers, Inc. Staff
Recommendation: Staff Recommendation: 1) Accept the Community
Development Director's report and recommendation, and find, on the
basis of substantial evidence, that 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: David Bobardt)
Regular City Council Meeting Agenda
April 21, 2010
Page 5
10. CONSENT CALENDAR: (continued)
O. Consider Report of Annual Development Agreement Review, Established
in Connection with The Masters at Moorpark Country Club Estates,
Located on 43.04 Acres North of Championship Drive and East of Grimes
Canyon Road (Tract 5463), on the Application of Toll Brothers, Inc. Staff
Recommendation: 1) Accept the Community Development Director's
report and recommendation, and find, on the basis of substantial
evidence, that 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: David Bobardt)
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
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 REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: APN 512-0-103-020, 49 First Street
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: Albert R. Ceja, Florencio R. Ceja, and Esperanza M.
Ceja, and Juan T. Amezcua and Alicia C. Amezcua
Under Negotiation: Price and terms of payment
D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: APN 512-0-103-030, 65 First Street
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: Masedonio Camacho
Under Negotiation: Price and terms of payment
E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: APN 512-0-102-210, 161 Second Street
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: Miguel Magdaleno, Jr. Trust
Under Negotiation: Price and terms of payment
Regular City Council Meeting Agenda
April 21, 2010
Page 6
12. CLOSED SESSION: (continued)
F. 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/Public Works Director; Chief of
Police; Community Development Director; Finance Director; and Parks
and Recreation 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 Division 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
April 21, 2010
Page 7
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
I, Maureen Benson, declare as follows:
That I am the Assistant City Clerk of the City of Moorpark and that an agenda of the
Regular Meeting of the Moorpark City Council to be held on April 21, 2010, at 7:00 p.m.
in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue,
Moorpark, California, was posted on April 16, 2010, 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 April 16, 2010.
Maureen Benson, Assistant City Clerk