HomeMy WebLinkAboutAGENDA 2007 0919 CC REG PPPpK Cy�i
O
pp 9
9
O
2
090 0�
09gTFD ,Jy1 n
Resolution No. 2007-2630
Ordinance No. 358
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, SEPTEMBER 19, 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. Introduction of Deputy Leonard Lopez, High School Resource Officer
(HSRO).
B. Introduction of Deputy Chris Love, Drug Abuse Resistance Education
(DARE) Officer.
C. Proclamation Recognizing Rose Wisuri for Her Career in Education.
D. City Manager's Monthly Report.
5. PUBLIC COMMENT:
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 19, 2007
Page 2
(AT THIS POINT IN THE MEETING, THE COUNCIL WILL CONVENE THE
REGULAR REDEVELOPMENT AGENCY MEETING. AGENCY ITEM 4.A. TO
BE TABLED AND HEARD JOINTLY WITH COUNCIL ITEM 8.C.)
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withdrawn from the Consent Calendar shall be identified at this time.)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:
8. PUBLIC HEARINGS:
A. Consider Continued Hearing on Potential Breach by Time Warner of Its
Customer Service Obligations. (continued public hearing from June
20, 2007) Staff Recommendation: 1) Open the public hearing; accept
public testimony, and close the public hearing; and 2) Direct staff to
monitor Time Warner Cable's performance and keep Council informed as
appropriate. (Staff: John Brand)
B. Consider Amendment of Title 16 - Subdivisions, to Add Chapter 16.30,
Condominium Conversion Projects, to Establish Requirements for the
Conversion of Rental Apartments to Condominium Ownership.
(continued open public hearing from August 1, 2007) Staff
Recommendation: 1) Continue to 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 October 3,
2007. (Staff: Barry Hogan)
C. Consider Approval of Amendment No. 2 to the Redevelopment Plan for
the Moorpark Redevelopment Project. (This item to be heard jointly
with Redevelopment Agency Item 4.A.) Staff Recommendation: 1)
Open the public hearing, accept public testimony, and close the public
hearing; 2) Adopt Agency Resolutions Nos. 2007- , 2007- , and
2007- ; 3) Adopt Council Resolution No. 2007- , and 4) Introduce
Ordinance No. for first reading and schedule second reading and
adoption for October 3, 2007. (Staff: David Moe)
D. Consider Resolution Declaring the Private Parking Facilities at the
Moorpark Grove Shopping Center (CPD-04-02) Subject to the Provisions
of the California Vehicle Code (CVC). Staff Recommendation: 1) Open
the public hearing, accept public testimony, and close the public hearing;
and 2) Adopt Resolution No. 2007- . (Staff: Yugal Lail)
Regular City Council Meeting Agenda
September 19, 2007
Page 3
8. PUBLIC HEARINGS: (continued)
E. Consider Resolution Declaring the Private Parking Facilities at the Village
at Moorpark Shopping Center (CPD-04-01) Subject to the Provisions of
the California Vehicle Code (CVC). Staff Recommendation: 1) Open the
public hearing, accept public testimony, and close the public hearing; and
2) Adopt Resolution No. 2007- . (Staff: Yugal Lail)
F. Consider Resolution Declaring the Private Roads within Tract 5045-1
through 7, (RPD-2002-03, -04, -05 and 2004-01) Subject to the Provisions
of the California Vehicle Code (CVC). Staff Recommendation: 1) Open
the public hearing, accept public testimony, and close the public hearing;
and 2) Adopt Resolution No. 2007- . (Staff: Yugal Lail)
G. Consider Resolution Declaring the Private Parking Facilities at the
Warehouse Discount Center Property (CPD-04-03) Subject to the
Provisions of the California Vehicle Code (CVC). Staff Recommendation:
1) Open the public hearing, accept public testimony, and close the public
hearing; and 2) Adopt Resolution No. 2007- (Staff: Yugal Lail)
9. PRESENTATION/ACTION/DISCUSSION:
A. Consider Appointment of One City Representative to Fill a Vacancy on the
Air Pollution Control District Advisory Committee. Staff Recommendation:
Appoint one City representative to fill the vacancy on the Air Pollution
Control District Advisory Committee for a term ending January 2011.
(Staff: Deborah Traffenstedt)
B. Consider the Establishment of an Ad-Hoc Committee to Develop a Draft
Development Agreement Between John Chiu FLPN and the City of
Moorpark for Residential Planned Development Permit No. 2005-02,
General Plan Amendment No. 2005-02, Amendment to the Downtown
Specific Plan, Zone Change No. 2005-02, Development Agreement No.
2005-04, and Tentative Tract Map No. 5739. Staff Recommendation:
Appoint two (2) Councilmembers to an Ad-Hoc Committee. (Staff: David
Bobardt)
C. Consider Resolution Amending the Fiscal Year 2007/08 Budget to
Appropriate Funds for the Construction of a Public Bike/Walkway within
the Lassen Avenue Street Right-of-Way Between Park Lane and
Moorpark Avenue. Staff Recommendation: 1) Approve the subject
project and adopt Resolution No. 2007- ; and 2) Direct staff with
disposition of Lassen Avenue. ROLL CALL VOTE REQUIRED (Staff:
Yugal Lail)
Regular City Council Meeting Agenda
September 19, 2007
Page 4
9. PRESENTATION/ACTION/DISCUSSION: (continued)
D. Consider Ordinance Amending Chapter 12.16 (Parks) of the Moorpark
Municipal Code and Resolution Establishing Park Reservation Fees and
Policies and Rescinding Resolution No. 2006-2442. Staff
Recommendation: Introduce Ordinance No. . for first reading, waive full
reading, and schedule second reading and adoption for October 3, 2007;
and Adopt Resolution No. 2007- rescinding Resolution No. 2006-
2442, to be effective upon the effective date of Ordinance No. ROLL
CALL VOTE REQUIRED (Staff: Mary'Lindley)
E. Consider Approval of Arts Commission Recommendation to Proceed with
Community Works Design Group for the Design of the Moorpark Veteran's
Memorial Project. Staff Recommendation: Award an agreement to
Community Works Design Group for the design of the Veteran's Memorial
Project, subject to final language approval by the City Manager and City
Attorney; and authorize the City Manager to execute the agreement at a
cost not to exceed $53,450. (Staff: Jennifer Mellon)
F. Consider Adopting Revised City Council Policies Resolution and
Rescinding Resolution No. 93-951 and Resolution No. 2006-2483. Staff
Recommendation: Adopt Resolution No. 2007- , rescinding
Resolution No. 93-951 and Resolution No. 2006-2483. (Staff: Deborah
Traffenstedt)
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Approval of the Special Joint City Council/Parks & Recreation
Commission Meeting Minutes of May 23, 2007. Staff Recommendation:
Approve the minutes.
B. Consider Approval of the Special Meeting Minutes of July 18, 2007. Staff
Recommendation: Approve the minutes.
C. Consider Approval of the Regular Meeting Minutes of July 18, 2007. Staff
Recommendation: Approve the minutes.
D. Consider Approval of the Special Meeting Minutes of August 1, 2007.
Staff Recommendation: Approve the minutes.
E. Consider Approval of the Regular Meeting Minutes of August 1 , 2007.
Staff Recommendation: Approve the minutes.
Regular City Council Meeting Agenda
September 19, 2007
Page 5
10. CONSENT CALENDAR: (continued)
F. Consider Approval of Warrant Register for Fiscal Year 2006-2007=
September 19, 2007. Staff Recommendation: Approve the warrant
register.
G. Consider Approval of Warrant Register for Fiscal Year 2007-2008 —
September 19, 2007. Staff Recommendation: Approve the warrant
register.
H. Consider Report of Annual Development Agreement Review, Established
in Connection with Canterbury Lane (Tract No. 5425), Located on the
South Side of Los Angeles Avenue East of Fremont Street, on the
Application of Shea Homes. Staff Recommendation: 1) Accept the
Planning Director's Report and recommendation, on the basis of
substantial evidence, that Shea Homes, Limited Partnership has complied
in good faith with the terms and conditions of the agreement; and 2) Deem
the annual review process complete. (Staff: Barry Hogan)
I. Consider Report of Annual Development Agreement Review, Established
in Connection with Canyon Crest Ranch Partners-Moorpark, LLC, Located
on Approximately 42.4 Acres East of Walnut Canyon Road at
Championship Drive (Tentative Tract Map 5437), on the Application of
Canyon Crest Ranch Partners-Moorpark, LLC (Birdsall). Staff
Recommendation: 1) Accept the Planning Director's Report and
recommendation, on the basis of substantial evidence, that Canyon Crest
Ranch Partners-Moorpark, LLC (Birdsall), has complied in good faith with
the terms and conditions of the agreement; and 2) Deem the annual
review process complete. (Staff: Barry Hogan)
J. Consider Authorization of Recordation of the Notice of Completion for
Magnolia Park Construction Project. Staff Recommendation: 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: Roger Blais)
K. Consider Resolution Adopting the Annual Investment Policy for Fiscal
Year 2007/08 for the City of Moorpark. Staff Recommendation: Adopt
Resolution No. 2007- , establishing the City of Moorpark's Investment
Policy for Fiscal Year 2007/08. (Staff: Johnny Ea)
Regular City Council Meeting Agenda
September 19, 2007
Page 6
10. CONSENT CALENDAR: (continued)
L. Consider Resolution Setting a Ten Percent (10%) Transient Occupancy
Tax Citywide. Staff Recommendation: Adopt Resolution No. 2007-
ROLL CALL VOTE REQUIRED (Staff: Joseph Vacca)
M. Consider L.A. Rampage Soccer League's Request to Purchase Use of
City's Time at Moorpark Country Club Golf Course. Staff
Recommendation: Approve L.A. Rampage's one-time use of the City's
golf privileges as described in the agenda report. (Staff: Mary Lindley)
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
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)
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 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
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/Public Works Director; Chief of
Police; Community Development Director; Deputy City Manager; Finance
Director; Parks, Recreation and Community Services Director; and
Planning Director
Regular City Council Meeting Agenda
September 19, 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; Deputy City Manager; Finance and Accounting
Manager; Finance Director; Information Systems Analyst; Information
Systems Manager; Landscape/Parks Maintenance Superintendent;
Management Analyst; Parks and Landscape Manager; Parks, Recreation
and Community Services Director; Planning Director; Planning Manager;
Principal Planner; Public Works Superintendent; Recreation/Community
Services Manager; Redevelopment Manager; and Senior Management
Analyst
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 ll).
Regular City Council Meeting Agenda
September 19, 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 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 September 19, at 7:00 p.m.
in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue,
Moorpark, California, was posted on September 14, 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 September 14, 2007.
Maureen Benson, Assistant City Clerk
Pv PpK C9 .t
� 09
cr ?
7
O
2
094 0�
049 Tfp--- wy 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 September 19, 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 February 6, 2008, in the Community Center located at 799 Moorpark Avenue,
Moorpark, California.
Dated: September 20, 2007.
Maureen Benson, Assistant 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 Assistant 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 September 19, 2007, to February 6, 2008, was posted on September 20,
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 September 20, 2007.
Maureen Benson
Assistant City Clerk