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Home My WebLink AboutAGENDA 2007 1107 CC REG PQPOK � 09 F ? v O Z 090 0� o4grep ,Jyj Resolution No. 2007-2649 Ordinance No. 364 CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, NOVEMBER 7, 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. Proclamation Recognizing November 15, 2007, as "America Recycles Day". 5. PUBLIC COMMENT: 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 REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure, Section 2.9, Items to be withdrawn from the Consent Calendar shall be identified at this time.) 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 November 7, 2007 Page 2 (AT THIS POINT IN THE MEETING, THE COUNCIL WILL CONVENE THE REGULAR REDEVELOPMENT AGENCY MEETING, UNLESS CANCELED.) 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND MAYOR: 8. PUBLIC HEARINGS: A. Consider Resolution Approving Modification No. 1 to Industrial Planned Development Permit (IPD/DP) No. 300, a Request to Construct a Three- Level Parking Structure Containing 260 Parking Spaces, at 5898 Condor Drive, on the Application of John Kamus (APNs 513-0-006-025; 513-0- 006-012 . Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolution No. 2007- . (Staff: Joseph Vacca) B. Consider Tax Equity Fiscal Responsibility Act (TEFRA) Hearing Related to Essex Moorpark Apartments, LP (GPA 2004-05, ZC 2004-04, RPD 2004- 06) on Application by Essex Property Trust, Inc. and Resolution Approving the Issuance of Tax-Exempt Obligations. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; 2) Adopt Resolution No. 2007- ; and 3) Authorize the City Manager to withdraw the City's application for Tax Exempt Financing to California Debt Limit Allocation Committee if the Development Agreement and the Affordable Housing Agreement are not executed by Essex by November 30, 2007. (Staff: Hugh Riley) 9. PRESENTATION/ACTION/DISCUSSION: A. Consider Ordinance Amending Section 3.36.010, Definitions, of Article 1, Fire Protection Facility Fee, of Chapter 3.36, Building Permit Fees, of Title 3 of the Moorpark Municipal Code, by Revising the Definition of a "Standard Fire Station" within the City of Moorpark. Staff Recommendation: Introduce Ordinance No. for first reading, waive full reading, and schedule second reading and adoption for December 5, 2007. (Staff: John Brand) B. Consider Ordinance Amending Specific Chapters of Title 15 of the Moorpark Municipal Code by Amending Chapters 15.04, 15.08, 15.12, 15.14, 15.16, 15.18, and 15.20; Adopting by Reference and Amending the Current Editions of Certain Model Codes. Staff Recommendation: Introduce Ordinance No. 2007- for first reading, waive full reading, and schedule second reading and adoption for December 5, 2005. (Staff: Barry Hogan) Regular City Council Meeting Agenda November 7, 2007 Page 3 9. PRESENTATION/ACTION/DISCUSSION: (continued) C. Consider Ordinance Amending Title 5, Business Taxes, Licenses and Regulations of the Moorpark Municipal Code by Deleting Chapter 5.04 Business License: Amending Chapter 5.08 Business Registration; Deleting Chapter 5.12 Ambulances; Deleting Chapter 5.20 Billiard Rooms; Amending Chapter 5.24 Bingo Games: Deleting Chapter 5.28 Cardrooms; Amending Chapter 5.32 Pawnbrokers, Junk Dealers and Secondhand Dealers; Deleting Chapter 5.36 Dancehalls; Deleting Chapter 5.40 Teen Dances: Amending Chapter 5.44 Hotels and Motels; Amending Chapter 5.48 Massage Establishments and Technicians; Amending Chapter 5.60 Newsracks_; Amending Chapter 5.64 Peddlers, Itinerant Merchants and Solicitors, Deleting Chapter 5.68 Private Patrols; Deleting Chapter 5.76 Taxicabs; Deleting Chapter 5.80 Temporary Shows; and Deleting Chapter 5.84 Kennels. Staff Recommendation: Introduce Ordinance No. for first reading, waive full reading, and schedule second reading and adoption for December 5, 2007. (Staff: Barry Hogan) D. Consider Adoption of a City Flag. Staff Recommendation: Adopt as the City Flag the rendition attached to the agenda report, which includes the corresponding Pantone Matching System. (Staff: Teri Davis) E. Consider City's 25th Anniversary Commemoration Activities and Resolution Amending the Fiscal Year 2007/08 Budget. Staff Recommendation: Approve the 25th Anniversary logo and slogan as recommended in the agenda report and adopt Resolution No. 2007- , appropriating an additional $10,000 for 25th Anniversary activities. ROLL CALL VOTE REQUIRED (Staff: Michael Atkin) F. Consider 'Resolution Updating Solid Waste Collection Fees. Staff Recommendation: Adopt Resolution 2007- ROLL CALL VOTE REQUIRED (Staff: Jennifer Mellon) 10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) A. Consider Approval of the Special Meeting Minutes of October 17, 2007. Staff Recommendation: Approve the minutes. B. Consider Approval of the Regular Meeting Minutes of October 17, 2007. Staff Recommendation: Approve the minutes. C. Consider Approval of Warrant Register for Fiscal Year 2007-2008 — November 7, 2007. Staff Recommendation: Approve the warrant register. Regular City Council Meeting Agenda November 7, 2007 Page 4 10. CONSENT CALENDAR: (continued) D. Consider Rejection of Claim: Donald McNamee. Staff Recommendation: Reject claim and direct staff to send standard rejection letter to claimant. (Staff: Teri Davis) E. Consider Award of Contract for Design and Construction of Park Refuse Enclosure Roofs. Staff Recommendation: Award a contract to LNI Custom Manufacturing for a cost not to exceed $59,895.50, and authorize the City Manager to execute the contract on behalf of the City. (Staff: Roger Blais) F. Consider Resolution Amending the Fiscal Year 2007/08 Budget for Purchase of 32 Pre-Cast Concrete Picnic Tables. Staff Recommendation: Adopt Resolution No. 2007- ROLL CALL VOTE REQUIRED (Staff: Roger Blais) G. Consider Resolution Authorizing Submittal of the Fiscal Year 2007/08 Tire-Derived Product (TDP) Grant Application. Staff Recommendation: Adopt Resolution 2007- . (Staff: Jennifer Mellon) H. Consider Setting a Public Hearing to Consider a Resolution Adopting Updated Fire Protection Facility Fee Schedule Paid by New Development Projects and Rescinding Resolution No. 92-894. Staff Recommendation: Set a Public Hearing for December 5 and direct staff to make the appropriate notifications. (Staff: John Brand) I. Consider Authorization to Sign Letter of Intent to Initiate Process for Adopting Flexible Spending Account Benefit. Staff Recommendation: Authorize the City Manager to sign and submit to Benesyst the Letter of Intent. (Staff: Teri Davis) J. Consider Cost Sharing Memorandum of Agreement WON for the Calleguas Creek Total Maximum Daily Load Monitoring and Implementation Program and Resolution Amending the Fiscal Year 2007/08 Budget to Fund the Monitoring and Implementation Program. Staff Recommendation: 1) Authorize the Mayor to sign the MOA; and 2) Adopt Resolution No. 2007- ROLL CALL VOTE REQUIRED (Staff: Yugal Lail) K. Consider Resolution Rescinding Resolutions Nos. 2003-2075 and 2005- 2431 and Authorizing the Employees with the Listed Job Classifications to Enforce the Municipal Code. Staff Recommendation: Adopt Resolution No. 2007- , establishing those positions which would have criminal citation authority under the Municipal Code and rescinding Resolutions Nos. 2003-2075 and 2005-2431. (Staff: Barry Hogan) Regular City Council Meeting Agenda November 7, 2007 Page 5 10. CONSENT CALENDAR: (continued) L. Consider Resolution Adopting a Mitigated Negative Declaration for Project No. 8039: Spring Road Widening and Railroad Crossing Improvements, South of Princeton Avenue and High Street. Staff Recommendation: Adopt Resolution No. 2007- , adopting a Mitigated Negative Declaration in Compliance with the California Environmental Quality Act for Project No. 8039. (Staff: David Bobardt) M. Consider Conejo Valley YMCA Request to Use the Apricot Room for Youth and Government Event. Staff Recommendation: Approve the co- sponsorship of the Conejo Valley YMCA Youth and Government Bill Hearing Event on November 29, 2007. (Staff: Mary Lindley) N. Consider Resolution Amending the Fiscal Year 2007/08 Budget for Purchase of a Ford E-350 Commercial Van. Staff Recommendation: Adopt Resolution No. 2007- ROLL CALL VOTE REQUIRED (Staff: Roger Blais) O. Consider Granting Easement Deeds on Grimes Canyon Road to the County of Ventura and to the Ventura County Waterworks District No. 1 . Staff Recommendation: Approve granting easement deeds to the District and County, and authorize the City Manager to execute same. (Staff: Yugal Lail) P. Consider Monthly Report to the City Council. Staff Recommendation: Receive and file report. (Staff: Steven Kueny) Q. Consider Cooperative Agreement with the State Department of Health Services and Agencies Applying Pesticides for Public Health Purposes. Staff Recommendation: Approve cooperative agreement and authorize the Mayor to execute the agreement on behalf of the City. (Staff: Roger Blais) R. Consider Resolution Amendinq the Fiscal Year 2007/08 Budget to Fund Right-of-way Acquisition Costs for the Princeton Avenue Widening Project (Project 8012). Staff Recommendation: Adopt Resolution No. 2007- ROLL CALL VOTE REQUIRED (Staff: Yugal Lail) S. Consider Addendum to Memoranda of Understanding (MOU) with Service Employees International Union AFL-CIO, CLC Local 998 to Amend Section 503, Retirement Health Savings Benefit. Staff Recommendation: Authorize the City Manager to sign the Addendum to the MOU, subject to final language approval by the City Manager. (Staff: Deborah Traffenstedt) Regular City Council Meeting Agenda November 7, 2007 Page 6 11. ORDINANCES: (ROLL CALL VOTE REQUIRED) A. Consider Ordinance No. 363 Amending Section 9.24.020, Discharge of Firearms-Exceptions-Permits, of Chapter 9.24, Weapons, of Title 9 of the Moorpark Municipal Code. Staff Recommendation: Staff Recommendation: Waive full reading and declare Ordinance No. 363 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 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 D. 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 Regular City Council Meeting Agenda November 7, 2007 Page 7 12. CLOSED SESSION: (continued) 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 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 November 7, 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 November 7, 2007, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on November 2, 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 November 7, 2007. Maureen Benson, Assistant City Clerk