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HomeMy WebLinkAboutAGENDA 2006 0802 CC REGCITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, AUGUST 2, 2006 7:00 P.M. Resolution No. 2006 -2505 Ordinance No. 338 Moorpark Community Center 799 Moorpark Avenue CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. PROCLAMATIONS AND COMMENDATIONS: 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 REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure, Section 2.9, Items to be withdrawn from the Consent Calendar shall be identified at this time.) 7.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 August 2, 2006 Page 2 8. PUBLIC HEARINGS: A. Consider General Plan Amendment No 2003 -04 Zone Change No 2003 03, Development Agreement No 2004 -01 Tentative Tract Map No 5463 and Residential Planned Development Permit No 2003 -04 for Fifty One 51 Single - Family Homes on 43.04 Acres North of Championship Drive and East of Grimes Canyon Road on the Application of Toll Brothers Inc (continued public hearing open from July 19, 2006) Staff Recommendation: 1) Continue to receive public testimony, and close the public hearing; 2) Adopt Resolution No. 2006- adopting a Mitigated Negative Declaration and approving General Plan Amendment No. 2003- 04; 3) Introduce, for first reading, Ordinance No. approving zone Change No. 2003 -03, and set August 16, 2006, for second reading; 4) Introduce, for first reading, Ordinance No. to adopt the Development Agreement No. 2004 -01, and set August 16, 2006, for second reading; 5) Adopt Resolution No. 2006- approving Tentative Map No. 5463 and Residential Planned Development Permit No. 2003 -04, subject to Conditions of Approval. (Staff: Barry Hogan) B. Consider General Plan Amendment No 2003 -04 Zone Change No 2003- 03, Development Agreement No 2004 -02 Tentative Tract Map No 5464 and Residential Planned Development Permit No 1994 -01 • Modification No. 6 for Thirty -Six (36) Single - Family Homes on 28.69 Acres North of Championship Drive and West of Walnut Canyon Road on the Application of Toll Brothers. Inc. (continued public hearing open from July 19, 2006) Staff Recommendation: 1) Continue to receive public testimony, and close the public hearing; 2) Adopt Resolution No. 2006 - adopting a Mitigated Negative Declaration and approving General Plan Amendment No. 2003 -04; 3) Introduce, for first reading, Ordinance No. approving Zone Change No. 2003 -03, and set August 16, 2006, for second reading; 4) Introduce, for first reading, Ordinance No. to adopt the Development Agreement No. 2004 -02, and set August 16, 2006, for second reading; and 5) Adopt Resolution No. 2006- approving Tentative Map No. 5464 and Residential Planned Development Permit No. 1994 -01, Modification No. 6, subject to Conditions of Approval. (Staff: Barry Hogan) 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Mission Statement Priorities Goals and Objectives for Fiscal Year 2006/2007. (continued from July 199 2006) Staff Recommendation: Approve the Mission Statement, Priorities, Goals, and Objectives for Fiscal Year 2006/2007. (Staff: Steven Kueny) Regular City Council Meeting Agenda August 2, 2006 Page 3 9. PRESENTATION /ACTION /DISCUSSION: (continued) B. Consider the Establishment of an Ad -Hoc Committee to Develop a Draft Development Agreement between Centex Homes and the City of Moorpark for General Plan Amendment No 2004-02, Zone Change No 2004 -02, Tentative Tract Map No 5505 and Residential Planned Development Permit No 2004 -04. Staff Recommendation: Appoint two (2) Councilmembers to an Ad -Hoc Committee. (Staff: Barry Hogan) C. Consider Underground Utility Project Priorities. Staff Recommendation: Approve the work plan set forth in Section K of the agenda report. (Staff: Yugal Lall) D. Consider Designation of a Site for New Veterans Memorial for Moorpark. Staff Recommendation: Approve recommendation of the Veterans Memorial Advisory Group for the development of a new Moorpark Veterans Memorial at the remnant parcel across from the Moorpark Police Services Center at the southeast corner of Flinn Avenue and Spring Road. (Staff: Hugh Riley) E. Consider Formation of the Moorpark Library Task Force. Staff Recommendation: Approve the formation of the Moorpark Library Task Force as outlined in the agenda report. (Staff: Mary Lindley) F. Consider Rescinding Prior Council Decision to Cancel Regular Meeting of August 16, 2006 and Consider Cancellation of September 6 2006 Regular Meeting. Staff Recommendation: Direct staff to post a notice rescinding the cancellation of the August 16, 2006, regular meeting and to post a notice of meeting cancellation for September 6, 2006. (Staff: Steven Kueny) G. Consider Ordinance to Amend Titles 1 and 15 of the Moorpark Municipal Code by Adding Chapter 110 "Code Violations Penalties and Enforcement "; Amending Chapter 1.12 and Changing the Title from "Enforcement and Penalties" to "Nuisanc es"; Addinq Chapter 1.16 "Administrative Citations "; and Amendinq Section 15.04.060, "Violations and Penalties ". Staff Recommendation: 1) Introduce Ordinance No. for first reading; 2) Schedule second reading and adoption for August 16, 2006; and 3) Direct staff to prepare a fee resolution for City Council consideration on September 20, 2006. (Staff: Barry Hogan) Regular City Council Meeting Agenda August 2, 2006 Page 4 9. PRESENTATION /ACTION /DISCUSSION: (continued) H. Consider Ordinance to Amend Title 9 of the Moorpark Municipal Code by Adding Chapter 9.32 "Social Host Ordinance ". Staff Recommendation: 1) Introduce Ordinance No. for first reading; and 2) Schedule second reading and adoption for August 16, 2006. (Staff: Captain Jeff Matson) Consider Ordinance to Amend Title 12 of the Moorpark Municipal Code by Adding Chapter 12.26 "Street Dedication and Improvements ". Staff Recommendation: 1) Introduce Ordinance No. for first reading; and 2) Schedule second reading and adoption for August 16, 2006. (Staff: Barry Hogan) 10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) A. Consider Approval of Warrant Register for Fiscal Year 2005-2006 — August 2, 2006. Staff Recommendation: Approve the warrant register. B. Consider Approval of Warrant Register for Fiscal Year 2006-2007 — August 2. 2006. Staff Recommendation: Approve the warrant register. C. Consider Cash Deposit Refund for M & M Development Ltd L P (Campus Plaza, Parcel Map 5264). Staff Recommendation: Authorize the City Clerk to refund the cash deposit in the amount of $179,252.60 for M & M Development Ltd, L.P. (Staff: Yugal Lail) D. Consider Bond Exoneration for Pardee Homes Moorpark Highlands Tract 5045, Phase 8 Planning Areas 8 and 9. Staff Recommendation: Authorize the City Clerk to fully exonerate the above referenced Surety Bond — Improvements, Performance and Payment, for Pardee Homes, Moorpark Highlands, Tract 5045, Phase 8, Planning Areas 8 and 9. (Staff: Yugal Lail) E. Consider Status Report on Building Design for Ruben Castro Human Services Center. Staff Recommendation: Receive and file report. (Staff: Hugh Riley) F. Consider Final Map Approval for Tract Map Nos 5045-6 and 5045-7 (Pardee Homes) and 5045 -8 (KB Home. Staff Recommendation: Authorize the Mayor and City Clerk to sign the maps and the City Clerk to cause Tract Maps 5045 -6, 5045 -7, and 5045 -8 to be recorded in the office of the Ventura County Recorder. (Staff: Yugal Lail) G. Consider Resolution Amending the Fiscal Year 2006/07 Budget for Park Restroom Repairs. Staff Recommendation: Adopt Resolution No. 2006 - _. (ROLL CALL VOTE REQUIRED) (Staff: Mary Lindley) Regular City Council Meeting Agenda August 2, 2006 Page 5 10. CONSENT CALENDAR: (continued) H. Consider Resolution Amending Fiscal Year 2006/07 Budget to Ap ropriate Funds for Construction of Raised Median on Princeton Avenue at Cam us Park Drive. Staff Recommendation: 1) Approve "Concept' and direct staff to complete the design plans; and 2) Adopt Resolution No. 2006 - ROLL CALL VOTE REQUIRED (Staff: Yugal Lail) Consider Approval of Consultant Tetra Tech Inc to Provide Design Engineerina Services for Raised Landscaped Median Project on Los Angeles Avenue from State Route 23 to Tierra Rejada Road and a Resolution Amendinq the Fiscal Year 2006/07 Budget to Appropriate funds for Design Engineering Costs. Staff Recommendation: 1) Approve selection of Tetra Tech, Inc. and authorize the City Manager to execute Professional Consultant Agreement with Tetra Tech, Inc, and to proceed with the preparation of design plans and environmental document; and 2) Adopt Resolution No. 2006- ROLL CALL VOTE REQUIRED (Staff: Yugal Lail) J. Consider Bids Received for the Construction of the 2006 Pavement Rehabilitation Project. Staff Recommendation: Reject all bids and direct staff to redesign the project to lower project costs. (Staff: Yugal Lail) K. Consider Approval of the 2006 -2007 Agreement for Services with the Moorpark Chamber of Commerce. Approve the 2006 -2007 Agreement for Services between the City of Moorpark and the Moorpark Chamber of Commerce, subject to final language approval by the City Manager. (Staff: Hugh Riley) L. Consider a Two -Year Contract with Videomax Productions Inc. for Provision of Cable Government Channel Production Operations, Maintenance and Related Services. Staff Recommendation: Approve a two -year agreement with Videomax Productions, Inc, effective July 1, 2006, subject to final language approval by the City Manager and City Attorney. 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) Regular City Council Meeting Agenda August 2, 2006 Page 6 12. CLOSED SESSION: (continued) 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 REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: Lots 111, 112, and 113 of the Colonia Virginia Tract. (AP Nos. 513 -0- 031 -025 and -035) City Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and Apostolic Assembly of the Faith in Christ Jesus Church Under Negotiation: Price and terms of payment 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; 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 August 2, 2006 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 August 2, 2006, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on July 28, 2006, 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 28, 2006. Maureen Benson, Deputy City Clerk NOTICE OF CONTINUANCE OF OPEN PUBLIC HEARING Duly noticed public hearing regarding: Consider General Plan Amendment No. 2003 -04 Zone Change No. 2003 -03 Development Agreement No 2004 -01 Tentative Tract Map No. 5453 and Residential Planned Develo ment Permit No. 2003 -04 for Fifty -One f5 Single- Family Homes on 43-04 Acres North of Championship Drive and East of Grimes Canyon Road on the Application of Toll Brothers Inc was held at a regular meeting on August 2, 2006, at which time the City Council continued the open public hearing to a City Council meeting to be held on September 20, 2006, in the Community Center located at 799 Moorpark Avenue, Moorpark, California. Dated: August 3, 2006. 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 one Open Public Hearing regarding: Consider General Plan Amendment No. 2003 -04 Zone Change No. 2003- 03, Development Agreement No 2004 -01 Tentative Tract Map No 5453 and Residential Planned Develo ment Permit No. 2003 -04 for Fifty-One 51 Single - Family Homes on 43 04 Acres North of Championship Drive and East of Grimes Can on Road on the A lication of Toll Brothers Inc. continued from August 2, 2006, to September 20, 2006, was posted on August 3, 2006, 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 August 3, 2006. Maureen Benson Deputy City Clerk NOTICE OF CONTINUANCE OF OPEN PUBLIC HEARING Duly noticed public hearing regarding: Consider General Plan Amendment No, 2003 -04 Zone Change No. 2003 -03 Develo ment A reement No. 2004 -02 Tentative Tract Ma No. 5464 and Residential Planned Development Permit No. 1994 -01 Modification No. 6 for Thirty -Six (36) Single Family Homes on 28.69 Acres North of Championship Drive and West of Walnut Canyon Road, on the Application of Toll Brothers Inc was held at a regular meeting on August 2, 2006, at which time the City Council continued the open public hearing to the regular City Council meeting to be held on September 20, 2006, in the Community Center located at 799 Moorpark Avenue, Moorpark, California. Dated: August 3, 2006. 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 one Open Public Hearing regarding: Consider General Plan Amendment No. 2003 -04 Zone Change No. 2003 -03, Development Agreement No 2004 -02 Tentative Tract Map No. 5464 and Residential Planned Development Permit No. 1994 -01 Modification No. 6 for Thirty -Six (36) Single Family Homes on 28.69 Acres Nort h of Championship Drive and West of Walnut Canyon Road, on the Application of Toll Brothers Inc continued from August 2, 2006, to September 20, 2006, was posted on August 3, 2006, 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 August 3, 2006. Maureen Benson Deputy City Clerk NOTICE RESCINDING CANCELLATION NOTICE IS HEREBY GIVEN that the Regular Meeting of the City Council of the City of Moorpark will be held Wednesday, August 16, 2006, commencing at 7:00 p.m. at the Moorpark Community Center, located at 799 Moorpark Avenue, Moorpark, California, and the City Council's prior decision to cancel said meeting is reversed. Dated: August 3, 2006. Maureen Benson, Deputy City Clerk STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING RECISION OF CANCELLATION NOTICE I, Maureen Benson, declare as follows: That I am the Deputy City Clerk of the City of Moorpark and that a NOTICE IS HEREBY GIVEN that the Regular Meeting of the City Council of the City of Moorpark will be held Wednesday, August 16, 2006, commencing at 7:00 p.m. at the Moorpark Community Center, located at 799 Moorpark Avenue, Moorpark, California, and the City Council's prior decision to cancel said meeting is reversed. A copy of said Notice Rescinding Cancellation was posted on August 3, 2006, 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 August 3, 2006. Maureen Benson, Deputy City Clerk