HomeMy WebLinkAboutAGENDA 2007 1003 CC REGCITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, OCTOBER 3, 2007
7:00 P.M.
Resolution No. 2007 -2639
Ordinance No. 360
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 Adam Burks, Assistant Engineer, in the
City Engineer /Public Works Department.
B. Introduction of New City Employee David Lasher, Senior Management
Analyst, in the Community Development Department.
C. Proclamation Declaring October 5, 2007, as California Arts Day.
5. PUBLIC COMMENT:
(AT THIS POINT IN THE MEETING, THE COUNCIL WILL CONVENE THE REGULAR
REDEVELOPMENT AGENCY MEETING, UNLESS CANCELED.)
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$223.
Regular City Council Meeting Agenda
October 3, 2007
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withdrawn from the Consent Calendar shall be identified at this time.)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 AND FUTURE AGENDA ITEMS:
8. PUBLIC HEARINGS:
A. Consider Zoning Ordinance Amendment 2007 -02, Amending Section
17.20.060 to Add Medical Marijuana Dispensaries as a Prohibited Use in
All Commercial, Industrial and Institutional Zones, and to Revise Use
Restrictions on Body Piercing and /or Tattoo Shops, Tobacco Stores,
Including but not Limited to Cigarette, Cigar and Smoking Paraphernalia
Shops, Pawnshops, Thrift Stores, Consignment Stores, Secondhand
Shops, Clubhouses, Social Clubs, and Service Clubs in the Commercial,
Industrial, and Institutional Zones. 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 October 17, 2007. (Staff:
Barry Hogan).
B. Consider the: 1) Repeal of Ordinance No. 166; 2) Approval of Zoning
Ordinance Amendment No. 2007 -03, to Amend Chapter 17.20 Table
17.20.060(A)(1), Amend Section 17.24.040 by Adding Section
17.24.040(N) Adult Business Minimum Location Requirements, and
Amend Chapter 17.28 by Adding Section 17.28.050 Adult Business
Permit; and 3) Amendment to Title 5 Business Taxes, Licenses and
Regulations, to Add Chapter 5.18 Adult Business Performer Permit. 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
October 17, 2007. (Staff: Barry Hogan).
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider an Amendment to Title 1 — General Provisions of the Moorpark
Municipal Code, Chapter 1.16 — Administrative Citations, of Chapter
1.16.040 A. — Notice of Violation, to Delete an Incorrect Reference. Staff
Recommendation: Introduce Ordinance No. for first reading, waive
full reading, and schedule second reading and adoption for October 17,
2007. (Staff: Barry Hogan)
Regular City Council Meeting Agenda
October 3, 2007
Page 3
9. PRESENTATION /ACTION /DISCUSSION: (continued)
B. Consider Award of Contract for the Construction for the Tierra Rejada
Road and Second Street Asphalt Overlay Project and a Resolution
Amending the Fiscal Year 2007/08 Budget to Revise the Funding Sources
for the Project. Staff Recommendation: 1) Award a construction contract
to Excel Paving Company and authorize the City Manager to execute the
construction contract in the amount of $3,198,364.49 for the subject
project; 2) Authorize the City Manager to amend the construction contract
for project contingencies in an amount not to exceed $320,000, if and
when the need arises for extra work and services; 3) Authorize the City
Manager to award a consultant agreement for materials testing services in
an amount not to exceed $60,000; and 4) Adopt Resolution No. 2007-
, revising the funding for the project. ROLL CALL VOTE REQUIRED
(Staff: Yugal Lail)
C. Consider Cancellation of November 21 City Council Meeting. Staff
Recommendation: Direct staff to post a notice of meeting cancellation for
November 21, 2007. (Staff: Deborah Traffenstedt)
D. Consider Resolution Declaring Intention to Reimburse Expenditures from
the Proceeds of Tax - Exempt Obligations and Directing Certain Actions.
Staff Recommendation: Adopt Resolution No. 2007- (Staff: Hugh
Riley)
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Approval of the Special Meeting Minutes of September 12, 2007.
Staff Recommendation: Approve the minutes.
B. Consider Approval of the Regular Meeting Minutes of September 19,
2007. Staff Recommendation: Approve the minutes.
C. Consider Approval of Warrant Register for Fiscal Year 2007 -2008 —
October 3, 2007. Staff Recommendation: Approve the warrant register.
D. Consider Resolution Amendina Fiscal Year 2007/08 Budaet to Appropriate
Funds for Traffic Sianal Modifications at Campus Park Drive and Collins
Drive. Staff Recommendation: 1) Adopt Resolution No. 2007- ; and
2) Authorize the City Manager to reimburse M & M Development in an
amount not to exceed $75,000 for construction of traffic signal
modifications. ROLL CALL VOTE REQUIRED (Staff: Yugal Lail)
Regular City Council Meeting Agenda
October 3, 2007
Page 4
10. CONSENT CALENDAR: (continued)
E. Consider Sponsorship of the Metrolink Holiday Toy Express. Staff
Recommendation: Authorize $1,000 sponsorship for the Metrolink Holiday
Toy Express. (Staff: Yugal Lail)
F. Consider Surety Bond Reduction for Toll CA L.P, Moorpark Country Club
Estates (Tract 4928). Staff Recommendation: 1) Authorize the City Clerk
to reduce Surety Bonds Nos. 929213834 and 929213835 to 10 %; and 2)
Authorize the City Clerk to fully exonerate these bonds one year after this
approval of reduction upon written confirmation from the City Engineer that
no warranty work is required. (Staff: Yugal Lail)
G. Consider Resolution Approving the Administering Agency — State Master
Agreement No. 07 -5436R Pertaining_ to Federal Aid Projects and the
Program Supplement Agreement No. N010 Pertaining to Surface
Transportation Program Funding for the Tierra Rejada Road and Second
Street Pavement Rehabilitation Project. Staff Recommendation: Adopt
Resolution No. 2007- . (Staff: Yugal Lail)
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
A. Consider Ordinance No. 359 Amendina Sections 12.16010 and 12.16.140
of Chapter 12.16, Parks, of Title 12, Streets, Sidewalks and Public Places.
Staff Recommendation: Waive full reading and declare Ordinance No.
359 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
October 3, 2007
Page 5
12. CLOSED SESSION: (continued)
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. 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; Assistant Engineer; 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
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; 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
October 3, 2007
Page 6
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 October 3, 2007, at 7:00
p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark
Avenue, Moorpark, California, was posted on September 28, 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 28, 2007.
Maureen Benson, Assistant City Clerk