HomeMy WebLinkAboutAGENDA 2007 0620 CC REG PQ PpK
� 09
F� 2
9
0
2
094 n�A
OQQT�D ,Jy,n
Resolution No. 2007-2602
Ordinance No. 352
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, JUNE 20, 2007
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. City Manager's Monthly Report.
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 2.9, 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withdrawn from the Consent Calendar shall be identified at this time.)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
June 20, 2007
Page 2
7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
8. PUBLIC HEARINGS:
A. Consider Final Review of the Assessment Engineer's Report for the
Landscape and Lighting Maintenance Assessment Districts for Fiscal Year
2007/2008 and Resolution Confirming the Levy Amounts. Staff
Recommendation: 1) Open the public hearing, accept public testimony,
and close the public hearing; and 2) Adopt Resolution No. 2007-
ROLL CALL VOTE REQUIRED (Staff: Mary Lindley)
B. Consider Final Review of the Assessment Engineer's Report for the Parks
and Recreation Maintenance and Improvement Assessment District for
Fiscal Year 2007/2008 and Resolution Confirming the Levy Amount. Staff
Recommendation: 1) Open the public hearing, accept public testimony,
and close the public hearing; and 2) Adopt Resolution No. 2007-
ROLL CALL VOTE REQUIRED (Staff: Mary Lindley)
C. Consider Zoning Ordinance Amendment No. 2006-02 — Amending the
Chapter Title and Moorpark Municipal Code Section 17.32, Off-Street
Parking Requirements in its Entirety to Clarify, Organize, and Revise
Parking Standards, Including Parking/Storage Requirements for
Recreational Vehicles in Residential Areas. Staff Recommendation: 1)
Open the public hearing, accept public testimony, and close the public
hearing; and 2) Introduce Ordinance No. for first reading, waive full
reading; and schedule second reading and adoption for July 18, 2007.
(Staff: Barry Hogan)
D. Consider Resolution Rescinding Resolution No. 2006-2471, Pertaining to
the Spring Road/Tierra Rejada Road Area of Contribution (SP/TR AOC),
and Approving an Increase to the SP/TR AOC Fees. Staff
Recommendation: 1) Open the public hearing, accept public testimony,
and close the public hearing; and 2) Adopt Resolution No. 2007- ,
rescinding Resolution No. 2006-2471 . ROLL CALL VOTE REQUIRED
(Staff: Yugal Lail)
E. Consider Ordinance Approving Amendment No. 1 to Development
Agreement No. 2004-01 with Toll Land XX Limited Partnership in
Connection with Residential Planned Development Permit No. 2003-04,
General Plan Amendment No. 2003-04, Zone Change No. 2003-03, and
Tentative Map No. 5463 for Forty-Nine (49) Single-family Homes on 43.04
Acres North of Championship Drive and East of Grimes Canyon Road.
Staff Recommendation: 1) Open the public hearing, accept public
testimony, and close the public hearing; and 2) Adopt Ordinance No.
approving Amendment No. 1 to Development Agreement No. 2004-01
(Staff: Barry Hogan)
Regular City Council Meeting Agenda
June 20, 2007
Page 3
8. PUBLIC HEARINGS: (continued)
F. Consider Hearing on Potential Breach by Time Warner of Its Customer
Service Obligations. Staff Recommendation: 1) Open the public hearing,
accept public testimony, and close the public hearing; and 2) Direct staff
as deemed appropriate. (Staff: Joseph Montes)
9. PRESENTATION/ACTION/DISCUSSION:
A. Consider Resolution Adopting an Operating and Capital Improvements
Budget for the City of Moorpark for Fiscal Year 2007/2008. (continued
from May 23, 2007) Staff Recommendation: Adopt Resolution No. 2007-
. ROLL CALL VOTE REQUIRED (Staff: Johnny Ea)
B. Consider Teen Council Appointments. Staff Recommendation: Make
appointments to the Teen Council for a one-year term to end on June 30,
2008. (Staff: Deborah Traffenstedt)
C. Consider Award of Contract and Public Outreach for the Construction of a
Pedestrian Smart Crosswalk System on Moorpark Avenue (SR-23) at
Second Street. Staff Recommendation: 1) Award a construction contract
to Republic, ITS, Inc. and authorize the City Manager to execute the
construction contract in the amount of $74,241 for the subject project; and
2) Authorize the City Manager to amend the construction contract for
project contingencies in an amount not to exceed $7,500 if and when the
need arises for extra work and services. (Staff: Yugal Lail)
D. Consider the Conceptual Design of Landscape and Hardscape
Improvements on the Southwest Corner of Spring Road and Charles
Street to be Constructed by Pardee Homes in Conjunction with the
Moorpark Highlands Specific Plan (Tract 5045) Located East of Walnut
Canyon Road and South of the Northerly City Limits. Staff
Recommendation: Approve the conceptual design and direct staff to work
with Pardee Homes to complete its construction. (Staff: Barry Hogan)
E. Consider Approval of Administrative Modification No. 1 to the Carlsberg
Specific Plan Amendment No. 1 that Medical Offices, Urgent Care,
Surgical Units, MRI, and Other Similar Medical Uses Are Similar, and
Therefore, Permitted Uses. Staff Recommendation: Based upon the
findings presented in the agenda report, determine that multiple medical
service uses including, but not limited to an urgent care facility, and MRI
facility, a surgical unit, and a small pharmacy are consistent and similar to
health services and hospital use of the Carlsberg Specific Plan. (Staff:
Barry Hogan)
Regular City Council Meeting Agenda
June 20, 2007
Page 4
9. PRESENTATION/ACTION/DISCUSSION: (continued)
F. Consider Setting a Public Hearing Date to Consider a Resolution to
Update the Parking In-Lieu Fee for High Street in the Downtown Specific
Plan. Staff Recommendation: Set a City Council Public Hearing for July
18, 2007. (Staff: Barry Hogan)
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Approval of the Joint City Council/Planning Commission Meeting
Minutes of May 23, 2007. Staff Recommendation: Approve the minutes.
B. Consider Approval of the Special Meeting Minutes of May 23, 2007. Staff
Recommendation: Approve the minutes.
C. Consider Approval of the Special Meeting Minutes of June 6, 2007. Staff
Recommendation: Approve the minutes.
D. Consider Approval of the Regular Meeting Minutes of June 6, 2007. Staff
Recommendation: Approve the minutes.
E. Consider Approval of Warrant Register for Fiscal Year 2006-2007 — June
6, 2007. Staff Recommendation: Approve the warrant register.
F. Consider VISTA-East Cooperative Agreement for Commuter Bus
Services. Staff Recommendation: Authorize the Mayor to sign the
Addendum to the Cooperative Agreement. (Staff: Mary Lindley)
G. Consider Approval of Revised Agreement for City Attorney Services. Staff
Recommendation: Authorize the Mayor to execute an Agreement for City
Attorney Services with Burke, Williams & Sorensen, with final language
approval by the City Manager. (Staff: Steven Kueny)
H. Consider Resolution Establishing the Appropriation Limitation for Fiscal
Year 2007/2008 for the City of Moorpark at $20,788,056. Staff
Recommendation: Adopt Resolution No. 2007- . (Staff: Johnny Ea)
I. Consider Resolution Amending the Fiscal Year 2006/07 Budget to
Transfer Funds from the General Fund to Equipment Replacement Fund.
Staff Recommendation: Adopt Resolution No. 2007- ROLL CALL
VOTE REQUIRED (Staff: Johnny Ea)
Regular City Council Meeting Agenda
June 20, 2007
Page 5
10. CONSENT CALENDAR: (continued)
J. Consider Resolution Adopting Loan Agreement Between the City of
Moorpark and the Moorpark Redevelopment Agency. Staff
Recommendation: Adopt Resolution No. 2007- ROLL CALL VOTE
REQUIRED (Staff: Johnny Ea)
K. Consider Resolution Authorizing the Transfer of Gas Tax and General
Fund to Cover Fiscal Year 2005/06 Year-End Deficits in Certain Funds for
the City's Landscaping and Lighting Assessment Districts. Staff
Recommendation: Adopt Resolution No. 2007- ROLL CALL VOTE
REQUIRED (Staff: Johnny Ea)
L. Consider Amendment to Agreement for the Design of Poindexter Park
Expansion. Staff Recommendation: Direct staff to amend the Agreement
with Community Works Design Group to prepare Poindexter Park
construction plans and specifications as outlined in the agenda report, at a
cost not to exceed $76,860 and authorize the City Manager to execute
said amendment. (Staff: Mary Lindley)
M. Consider Resolution Amending the Salary Plan for Competitive Service,
Non-Competitive Service, and Hourly Employees and Rescinding
Resolution No. 2006-2551 . Staff Recommendation: Adopt Resolution No.
2007- , rescinding Resolution No. 2006-2551. (Staff: Deborah
Traffenstedt)
N. Consider Mission Statement, Priorities, Goals and Objectives for
2007/2008. Staff Recommendation: Approve Mission Statement,
Priorities, Goals and Objectives for FY 2007/2008 (Staff: Steven Kueny)
O. Consider Approval of Change Order and Authorization of Recordation of
Notice of Completion for New Playground Equipment at Tierra Rejada
Park. Staff Recommendation: 1) Approve the Change Order for $16,500;
and 2) 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)
P. Consider Approval of Street Names for Planning Area 5, the Condominium
Housing Portion of the Moorpark Highlands Specific Plan (Tract 5045 —
Pardee) Located East of Walnut Canyon Road and South of the City
Limits. Staff Recommendation: Approve the street names as proposed in
the agenda report. (Staff: Barry Hogan)
Regular City Council Meeting Agenda
June 20, 2007
Page 6
10. CONSENT CALENDAR: (continued)
Q. Consider Approval of Plans and Specifications and Authorization to
Advertise for Bids for the Construction of Tierra Rejada Road and Second
Street Pavement Rehabilitation Project. Staff Recommendation: Approve
the plans and specifications for the subject project and authorize staff to
solicit for construction bids upon receipt from Caltrans of Federal
authorization to proceed with construction. (Staff: Yugal Lail)
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
A. Consider Ordinance No. 351 Containing a Description of the
Redevelopment Agency of the City of Moorpark's Program to Acquire Real
Property by Eminent Domain in the Moorpark Redevelopment Project
Area. Staff Recommendation: Waive full reading and declare Ordinance
No. 351 read for the second time and adopted as read. 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 LEGAL COUNSEL— EXISTING LITIGATION
(Pursuant to Subdivision (a) of Section 54956.9 of the Government Code)
4X Projects Co, a California Corporation, Richard Gray, an individual vs.
City of Moorpark and Does 1 through 50, inclusive (Case No. SC048687)
D. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION
(Pursuant to Subdivision (a) of Section 54956.9 of the Government Code)
Estate of Cynthia Scott, Thomas Scott, Heather Scott, and Susan Scott
vs. Walter Cervantes, Celia Cervantes, Ruben Cervantes, City of Simi
Valley, City of Moorpark, California Department of Transportation, and
Does 1-50 (Case No. SC048202)
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
Regular City Council Meeting Agenda
June 20, 2007
Page 7
12. CLOSED SESSION: (continued)
F. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Section 54957.6 of the Government Code)
Agency Designated Representative: Steven Kueny
Unrepresented employees: Accountant I; Active Adult Center Supervisor;
Administrative Services Director/City Clerk; Assistant City Engineer;
Assistant City Manager; City Engineer/Public Works Director; Community
Development Director; Finance and Accounting Manager; Finance
Director; Information Systems Analyst; Information Systems Manager;
Landscape/Parks Maintenance Superintendent; Landscape/Parks
Maintenance Supervisor; Management Analyst; Parks and Landscape
Manager; Parks, Recreation and Community Services Director; Planning
Manager; Principal Planner; Public Works Superintendent;
Recreation/Community Services Manager; Redevelopment Manager; and
Senior Management Analyst
G. 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,
Recreation and Community Services 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
June 20, 2007
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 June 20, 2007, at 7:00 p.m.
in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue,
Moorpark, California, was posted on June 15, 2007 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 June 15, 2007.
Maureen Benson, Deputy City Clerk
Pv PpK Cq 'A
p 0,9
c� ?
D
_ Q
2
0,9gT�D ,Jy n
NOTICE OF CONTINUANCE OF OPEN PUBLIC HEARING
Duly noticed public hearing regarding:
Consider Hearing on Potential Breach by Time Warner of Its
Customer Service Obligations
was held at a regular meeting on June 20, 2007, at which time the City Council continued
the open public hearing to a Regular City Council meeting to be held at 7:00 p.m. on
September 19, 2007, in the Community Center located at 799 Moorpark Avenue,
Moorpark, California.
Dated: June 21 , 2007.
Maureen Benson, Deputy City Clerk
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 a Notice of Continuance of
Open Public Hearing regarding:
Consider Hearing on Potential Breach by Time Warner of Its
Customer Service Obligations.
continued from June 20, 2007, to September 19, 2007, was posted on June 21 , 2007, at a
conspicuous location near the place of the meeting:
Moorpark Community Center
799 Moorpark Avenue
Moorpark, California
I declare under penalty of perjury that the foregoing is true and correct.
Executed on June 21 , 2007.
Maureen Benson
Deputy City Clerk