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Resolution No. 2007-2611
Ordinance No. 354
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, JULY 18, 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. Ventura County Fair Poster Presentation.
B. 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withdrawn from the Consent Calendar shall be identified at this time.)
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
July 18, 2007
Page 2
8. PUBLIC HEARINGS:
A. Consider Southern California Edison's Objection to Recordation of Final
Map 5147 (AB Properties). Staff Recommendation: Open the public
hearing and direct staff as deemed appropriate. (Staff: Yugal Lail)
B. Consider General Plan Amendment No. 2004-05, Zone Change No. 2004-
04, Development Agreement No. 2004-03 and Residential Planned
Development No. 2004-06 for a 200-Unit Apartment Project on
Approximately 10.57 Acres with 8.84 Acres of Public/Institutional Land
South of Casey Road and West of Walnut Canyon Road and Moorpark
Avenue on the Application of Essex Portfolio, L.P. Staff
Recommendation: 1) Open the public hearing, accept public testimony,
and close the public hearing; 2) Adopt Resolution No. 2007- ,
adopting a Mitigated Negative Declaration and Approving General Plan
Amendment No. 2004-05; 3) Introduce for first reading, Ordinance No.
approving Zone Change No. 2004-04, and set August 1, 2007, for second
reading; 4) Introduce for first reading, Ordinance No. adopting the
Development Agreement No. 2004-03, and set August 1 , 2007, for second
reading; and 5) Adopt Resolution No. 2007- approving Residential
Planned Development Permit No. 2004-06, subject to Conditions of
Approval. (Staff: Barry Hogan)
C. Consider Resolution to Update the Parking In-Lieu Fee for High Street in
the Downtown Specific Plan. 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: Barry Hogan)
9. PRESENTATION/ACTION/DISCUSSION:
A. Consider Resolution Designating the Intersections of Second Street and
Bard Street, and Third Street and Flory Avenue to be Stop Intersections.
and Directing the Placement of a Stop Sign at All Entrances Thereto.
Staff Recommendation: Adopt Resolution No. 2007- (Staff: Yugal
Lail)
B. Consider Resolution Establishing Revised Parking Restrictions on Miller
Parkway and that Portion of Peach Hill Road East of Spring Road and
Rescinding Resolution No. 2005-2352. Staff Recommendation: Adopt
Resolution No. 2007- (Staff: Yugal Lail)
Regular City Council Meeting Agenda
July 18, 2007
Page 3
9. PRESENTATION/ACTION/DISCUSSION: (continued)
C. Consider Conducting Organizational Study for the Finance Department.
Staff Recommendation: Approve conduction of the organizational study
as generally outlined in the agenda report, subject to final approval of the
City Manager, and authorize the City Manager to sign an agreement with
a qualified consultant not to exceed $25,000. (Staff: Hugh Riley)
D. Consider Additional Design Fees for the City Hall, Library, and Civic
Center and Resolution Amending the Fiscal Year 2007/08 Budget. Staff
Recommendation: 1) Approve amendment to GKK Works agreement
authorizing the additional $1 ,140,031 request for additional fees to
perform expanded design and construction services for the Civic Center,
City Hall, and Library; 2) Authorize the City Manager to approve the
addition of the optional fee categories outlined in the agenda report,
totaling $191,750, at a later date; and 3) Adopt Resolution No. 2007- ,
amending the 2007/2008 Capital Improvement Budget. ROLL CALL
VOTE REQUIRED (Staff: Hugh Riley)
E. Consider Re-Introduction of Ordinance No. 353 Approving Zoning
Ordinance Amendment No. 2006-02, Amending Chapter 17.32, Including
Amendment to the Title of the Chapter to Off-Street Parking of Title 17
(Zoning) of the Moorpark Municipal Code. Staff Recommendation: Waive
full reading, declare Ordinance No. 353 re-introduced for the first time, and
schedule second reading and adoption for August 1 , 2007. (Staff: Barry
Hogan)
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Approval of the Special Meeting Minutes of June 20, 2007. Staff
Recommendation: Approve the minutes.
B. Consider Approval of the Regular Meeting Minutes of June 20 2007.
Staff Recommendation: Approve the minutes.
C. Consider Approval of Warrant Register for Fiscal Year 2006-2007 — Jul
18, 2007. Staff Rec mmendation: Approve the warrant register.
D. Consider Resolution Determining and Levying the Special Assessment for
Assessment District (AD) No. 92-1 for Fiscal Year 2007-2008. Staff
Recommendation: Adopt Resolution -No. 2007- ROLL CALL VOTE
REQUIRED (Staff: Johnny Ea)
ICI
Regular City Council Meeting Agenda
July 18, 2007
Page 4
10. CONSENT CALENDAR: (continued)
E. Consider Resolution Determining and Levying the Special Tax in
Community Facilities District (CFD) 97-1 for Fiscal Year 2007-2008. Staff
Recommendation: Adopt Resolution No. 2007- ROLL CALL VOTE
REQUIRED (Staff: Johnny Ea)
F. Consider Notice of Completion for the Construction of the Los
Angeles/Tierra Rejada Road Parkway Improvement Project (Project
8033 . Staff Recommendation: Accept the work as complete and direct
the City Clerk to record the Notice of Completion. (Staff: Yugal Lail)
G. Consider Ventura County Transportation Commission Memorandum of
Understanding (MOU) for Commuter Bus Services. Staff
Recommendation: Authorize the City Manager to sign the MOU. (Staff:
Yugal Lail)
H. Consider Approval of an Increase in the Hourly Rate for Kenneth Gilbert,
Consultant. Staff Recommendation: Approve an increase in the hourly
rate as specified in the agenda report effective July 1 , 2007. (Staff:
Yugal Lail)
I. Consider Approval of an Increase in the Hourly Rate for Richard A. Diaz,
Consultant. Staff Recommendation: Approve an increase in the hourly
rate as specified in the agenda report effective July 1 , 2007. (Staff:
Barry Hogan)
J. Consider Approval of a Subordination Agreement for the Refinancing of
Industrial Planned Development Permit No. 2000-10, Casino Self Storage,
Located at 875 and 879 West Los Angeles Avenue, at the Request of
Asadurian Investments. Staff Recommendation: 1) Authorize the Mayor
to sign the Subordination Agreement once the Settlement Agreement
payments and review costs have been paid; and 2) Authorize the City
Manager to sign any future Subordination Agreements authorized by the
Settlement Agreement for this project. (Staff: Barry Hogan)
K. Consider Donation of Moorpark Mammoth Fossil Collection to Santa
Barbara Museum of Natural History. Staff Recommendation: 1) Approve
donation of Moorpark Mammoth Fossil Collection and other small mammal
and fauna fossils to the Santa Barbara Museum of Natural History; and 2)
Authorize the City Manager to sign a Memorandum of Understanding with
the Museum, subject to final language approval by the City Manager and
the City Attorney. (Staff: Hugh Riley)
Regular City Council Meeting Agenda
July 18, 2007
Page 5
10. CONSENT CALENDAR: (continued)
L. Consider Use Agreements with Moorpark Packer Football, Moorpark
American Youth Soccer Organization, and Moorpark Soccer Club. Staff
Recommendation: Approve five-year Use Agreements with each
organization, subject to final language approval of the City Manager and
City Attorney, and authorize the City Manager to execute the agreements
on behalf of the City. (Staff: Mike Atkin)
M. Consider Approval of Resolution Adopting a _Revised Benefit Program for
Management Employees and Rescinding Resolution No. 2007-2559.
Staff Recommendation: Adopt Resolution No. 2007- rescinding
Resolution No. 2007-2559. (Staff: Deborah Traffenstedt)
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
A. Consider Ordinance No. 352 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: Waive full reading and declare
Ordinance No. 352 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)
Regular City Council Meeting Agenda
July 18, 2007
Page 6
12. CLOSED SESSION: (continued)
D. 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; Deputy City Manager; Finance
Director; Parks, Recreation and Community Services Director; and
Planning 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
July 18, 2007
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 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 July 18, 2007, at 7:00 p.m.
in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue,
Moorpark, California, was posted on July 13, 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 July 13, 2007.
,Maureen Benson, Deputy City Clerk
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NOTICE OF CONTINUANCE OF PUBLIC HEARING
Duly noticed public hearing regarding:
Consider Southern California Edison's Objection to Recordation of
Final Map 5147 (AB Properties).
was held at a regular meeting on June 20, 2007, at which time the City Council continued
the public hearing to a Regular City Council meeting to be held at 7:00 p.m. on August 1,
2007, in the Community Center located at 799 Moorpark Avenue, Moorpark, California.
Dated: July 19, 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
Public Hearing regarding:
Consider Southern California Edison's Objection to
Recordation of Final Map 5147 (AB Properties).
continued from July 18, 2007, to August 1 , 2007, was posted on July 19, 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 July 19, 2007.
Maureen Benson
Deputy City Clerk