Loading...
HomeMy WebLinkAboutAGENDA 2006 0920 CC REGResolution No. 2006 -2515 Ordinance No. 341 CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, SEPTEMBER 20, 2006 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. Introduce New City Employee, Freddy Carillo, Community Development Technician. B. Introduce New City Employee, Richard Lemmo, Recreation Leader IV. C. Presentation of Certificates of Recognition to Moorpark Girls Softball Teams 10 & Under and 14 & Under. D. 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.) 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 20, 2006 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 REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure, Section 2.9, Items to be withdrawn from the Consent Calendar shall be identified at this time.) 7.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 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 August 2, 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 October 4, 2006, for second reading; 4) Introduce, for first reading, Ordinance No. adopting Development Agreement No. 2004 -01, and set October 4, 2006, for second reading; and 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 August 2, 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 October 4, 2006, for second reading; 4) Introduce, for first reading, Ordinance No. adopting Development Agreement No. 2004 -02, and set October 4, 2006, for second reading; and 5) Adopt Resolution No. 2006- approving Tentative Map No. 5464 and Modification No. 6 to Residential Planned Development Permit No. 1994 -01, subject to Conditions of Approval. (Staff: Barry Hogan) Regular City Council Meeting Agenda September 20, 2006 Page 3 8. PUBLIC HEARINGS: (continued) C. Consider Resolution Approving Amendment No. 1 to Downtown Specific Plan_ No. 1995 -01 A Request to Amend the Downtown Specific Plan to Provide More Specific Direction Regarding Development and Architectural Style in the Commercial and Residential Areas. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolution No. 2006-. (Staff: Barry Hogan) D. Consider Zonina Ordinance Amendment No 2005 -03 — Amendments to Chapter 17.24: Lot Area and Coverage Setbacks Height and Related Provisions; Chapter 17.32: Parking Access and Landscaping Requirements; and Chapter 17.72: Downtown Specific Plan Overlay Zone (SP-D), and Repealing Ordinance No 331 a Temporary Moratorium in the Downtown Specific Plan Overlay Zone. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Introduce Ordinance No. , repealing Ordinance No. 331, for first reading, waive full reading, and schedule second reading and adoption for October 4, 2006. (Staff: Barry Hogan) 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Moorpark Library Task Force Applications. Staff Recommendation: Appoint six applicants to serve on the Moorpark Library Task Force. (Staff: Mary Lindley) B. Consider Ordinance Establishing the Moorpark City Library. Staff Recommendation: Introduce Ordinance No. , waive further reading; and schedule second reading and adoption for October 4, 2006. ROLL CALL VOTE (Staff: Mary Lindley) C. Consider Approval of Plans and Specifications for Projects to Synchronize the Signals Along Los Angeles Avenue and Tierra Rejada Road and Authorization to Solicit for Construction Bids. Staff Recommendation: Approve the plans and specifications for the subject project and authorize staff to solicit for construction bids. (Staff: Yugal Lall) D. Consider Change to Conceptual Design for the Walnut Canyon /Gabbert Canyon Storm Drain Channel Improvement Project. Staff Recommendation: Approve Revised Alternate B design concept as set forth in the Walnut Canyon /Gabbert Canyon Flood Control Deficiency Study dated July 2005. (Staff: Yugal Lall) Regular City Council Meeting Agenda September 20, 2006 Page 4 10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) A. Consider Approval of the Special Meeting Minutes of May 31 2006. Staff Recommendation: Approve the minutes. B. Consider. Approval of the Regular Meeting Minutes of August 2 2006. Staff Recommendation: Approve the minutes. C. Consider Approval of the Special Meeting Minutes of August 16 2006. Staff Recommendation: Approve the minutes. D. Consider Approval of the Regular Meeting Minutes of August 16 2006. Staff Recommendation: Approve the minutes. E. Consider Approval of Warrant Register for Fiscal Year 2005-2006 — September 20 2006. Staff Recommendation: Approve the warrant register. F. Consider Approval of Warrant Register for Fiscal Year 2006-2007 — September 20 2006. Staff Recommendation: Approve the warrant register. G. Consider Response to Grand Jury Report on Affordable Housing. Staff Recommendation: Approve letter of response to Grand Jury Report on Affordable Housing. (Staff: Nancy Burns) H. Consider Authorizing the Use of City Marquee Signs and Portable Lights for Rotary Club Civil War Reenactment Event Scheduled for November 4 and 5. 2006, at Tierra Rejada Ranch. Staff Recommendation: Approve use of City marquee signs and portable lights, subject to conditions specified in the agenda report. (Staff: Mary Lindley) Consider Bond Reduction for Pardee Homes Moorpark Highlands Tract 5045, Mass Grading Bond. Staff Recommendation: 1) Authorize the City Clerk to reduce Grading Performance Surety Bond No. 81933515 to 10% for Pardee Homes, Moorpark Highlands, Tract 5045; and 2) Authorize the City Clerk to fully exonerate the above referenced surety bond one year after the approval of the reduction and upon written confirmation from the City Engineer that no warranty work is required. (Staff: Yugal Lail) J. Consider Resolution Authorizing the Destruction of Certain Election Records. Staff Recommendation: Adopt Resolution No. 2006 - (Staff: Deborah Traffenstedt) Regular City Council Meeting Agenda September 20, 2006 Page 5 10. CONSENT CALENDAR: (continued) K. Consider Resolution Authorizing the Destruction of Certain Records. Adopt Resolution No. 2006- . (Staff: Deborah Traffenstedt) L. Consider Resolution Adopting The National Incident Mana ement S stem For Disaster Response and Emergency Management. Staff Recommendation: Adopt Resolution No. 2006- (Staff: John Brand) M. Consider Partial Refund of the Cash Surety for the Moor ark Presb erian Church at 13950 Peach Hill Road. Staff Recommendation: Authorize the City Clerk to refund a portion of the cash surety in the amount of $44,067.95 for Grading and Improvements for the Moorpark Presbyterian Church. (Staff: Yugal Lall) N. Consider Resolution Amending the Fiscal Year 2006/07 Budget for the Purchase of a Salad Bar for the Senior Nutrition Pro ram. Staff Recommendation: Adopt Resolution No. 2006- ROLL CALL VOTE REQUIRED (Staff: Mary Lindley) O. Consider Resolution Authorizing the Submittal of a Grant Application Requesting Monies from the Ventura County Area Agency in Aging Older Americans Act Title III -B Contract Grant Funds for the "Fit for Life" Physical Fitness Project and Authorizing the City Manager to Sign All _Related Agreements. Staff Recommendation: Adopt Resolution No. 2006- (Staff: Mary Lindley) P. Consider Resolution for the Submittal of a Grant App Iication to the Ventura County Area Agency on Aging (VCAAA) for Older Americans Act Title III -B Contract Grant Funds for the "Strike Out Stroke" Health Screening and Education Project and Authorizing City Manager to Sign All Related Agreements. Staff Recommendation: Adopt Resolution No. 2006- and authorize the City Manager to execute cooperative agreements with the cities of Oxnard, Santa Paula and Ventura, pending final language approval of the City Manager and City Attorney. (Staff: Mary Lindley) Q. Consider the City of Moorpark General Plan Annual Report Including the Housing Element Progress Report — September 2005 to August 2006. Staff Recommendation: 1) Receive and file report; and 2) Direct staff to forward a copy of this. report to the Governor's Office of Planning and Research, the California Department of Housing and Community Development, and the County of Ventura - Planning Division. (Staff: Barry Hogan) Regular City Council Meeting Agenda September 20, 2006 Page 6 10. CONSENT CALENDAR: (continued) R. Consider Approval of Plans and Specifications for Modification of the Median at the Intersection of Princeton Avenue and Campus Park Drive. Staff Recommendation: 1) Approve the plans and specifications for the modification of the median at the intersection of Princeton Avenue and Campus Park Drive and authorize staff to advertise for the solicitation of construction bids for the project; and 2) Authorize the City Manager to execute a contract for the construction of the subject project, based on a bid prepared, submitted, reviewed and approved in accordance with applicable State and City requirements and regulations. (Staff: Yugal Lail) S. Consider Final Parcel Map Approval for Parcel Map 5494 Calleguas Municipal Water District. Staff Recommendation: Authorize the Mayor and City Clerk to sign the map and the City Clerk to cause Parcel Map 5494 to be recorded in the office of the Ventura County Recorder. (Staff: Yugal Lail) T. Consider Award of Construction Contract to Replace and Cover Over Street Names and Directional Signs on State Routes 23 and 118 as a Result of Street Name Changes to Princeton Avenue and Los Angeles Avenue. Staff Recommendation: 1) Award construction contract to Peterson -Chase General Engineering Construction, Inc, and authorize the Mayor to execute the construction contract in the amount of $84,501 for Routes 23/118 Sign Change Project; 2) Authorize the City Manager to amend the construction contract for project contingencies in an amount not to exceed $8,500 if and when the need arises for extra work and services; and 3) Authorize the City Manager to enter into an agreement with MNS Engineers, Inc. in the amount of, not to exceed, $12,000 for construction management services. ROLL CALL VOTE REQUIRED (Staff: Yugal Lail) U. Consider Approval of Revised Plans and Specifications and Authorization to Re- Advertise for Bids for the 2006 Pavement Rehabilitation Project. Staff Recommendation: Approve the plans and specifications for the 2006 Pavement Rehab Project and authorize staff to advertise for the solicitation of construction bids for the project. (Staff: Yugal Lail) V. Consider Release of Irrevocable Letter of Credit for the Otay Ranch Company for North Park Communities LLC. Staff Recommendation: 1) Authorize the Finance Department to transfer money from the Community Development North Park project entitlement account to fund any election account deficit; and 2) Authorize the City Clerk to fully release the Irrevocable Letter of Credit surety. (Staff: Deborah Traffenstedt) Regular City Council Meeting Agenda September 20, 2006 Page 7 10. CONSENT CALENDAR: (continued) W. Consider Approval of Plans and Specifications and Authorization to Advertise for Bids for the Magnolia Park Street Improvement Project. Staff Recommendation: 1) Approve the plans and specifications for the Magnolia Park Street Improvement Project and authorize staff to advertise for solicitation of constructions bids for the project; and 2) Authorize the City Manager to execute a contract for the construction of the subject project, based on a bid prepared, submitted, reviewed and approved in accordance with applicable State and City requirements and regulations. (Staff: Yugal Lail) 11. ORDINANCES: (ROLL CALL VOTE REQUIRED) A. Consider Ordinance No. 338 Amending Title 9 Public Peace Morals and Welfare by Adding Chapter 9. 32 "Social Host" to the Moorpark Municipal Code. Staff Recommendation: Waive full reading and declare Ordinance No. 338 read for the second time and adopted as read. ROLL CALL VOTE REQUIRED B. Consider Ordinance No. 340 Amending Titles 1 and 15 of the Moorpark Municipal Code by Adding Chapter 1.10 "Code Violations Penalties and Enforcement ": Amending Chapter 112 Which Will be Renamed "Nuisances ": Adding Chapter 1.16 Entitled "Administrative Citations and Amending Section 15 04 060 Entitled "Violations and Penalties ". Staff Recommendation: Waive full reading and declare Ordinance No. 340 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) City of Moorpark vs. Ventura County Community College District (Case No. SC046582) Regular City Council Meeting Agenda September 20, 2006 Page 8 12. CLOSED SESSION: (continued) D. 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 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; 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 11). Regular City Council Meeting Agenda September 20, 2006 Page 9 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 September 20, 2006, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on September 15, 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 September 15, 2006. Maureen Benson, Deputy City Clerk CITY COUNCIL MEETING ADJOURNED ITEMS 8-C. AND 8.D. TO WEDNESDAY, OCTOBER 4, 2006 6:30 P.M. CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, SEPTEMBER 20, 2006 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. Introduce New City Employee, Freddy Carillo, Community Development Technician. B. Introduce New City Employee, Richard Lemmo, Recreation Leader IV: C. Presentation of Certificates of Recognition to Moorpark Girls Softball Teams 10 & Under and 14 & Under. 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. Adjourned - City Council Agenda From: September 20, 2006 To: October 4, 2006 Page 2 (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: 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 Canvon Road on the Application of Toll Brothers Inc (continued public hearing open from August 2, 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 October 4, 2006, for second reading; 4) Introduce, for first reading, Ordinance No. adopting Development Agreement No. 2004 -01, and set October 4, 2006, for second reading; and 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 August 2, 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 October 4, 2006, for second reading; 4) Introduce, for first reading, Ordinance No. adopting Development Agreement No. 2004 -02, and set October 4, 2006, for second reading; and 5) Adopt Resolution No. 2006- approving Tentative Map No. 5464 and Modification No. 6 to Residential Planned Development Permit No. 1994 -01, subject to Conditions of Approval. (Staff: Barry Hogan) Adjourned - City Council Agenda From: September 20, 2006 To: October 4, 2006 Page 3 8. PUBLIC HEARINGS: (continued) C. Consider Resolution Approving Amendment No 1 to Downtown Specific Plan No. 1995 -01, A Request to Amend the Downtown Specific Plan to Provide More Specific Direction Regarding Development and Architectural Style in the Commercial and Residential Areas. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolution No. 2006-. (Staff: Barry Hogan) D. Consider Zoning Ordinance Amendment No 2005-03 Amendments to Chapter 17.24: Lot Area and Coverage, Setbacks Height and Related Provisions; Chapter 17.32: Parking, Access and Landscaping Requirements; and Chapter 17.72: Downtown Specific Plan Overlay Zone (SP -D), and Repealing Ordinance No 331, a Temporary Moratorium in the Downtown Specific Plan Overlay Zone. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Introduce Ordinance No. , repealing Ordinance No. 331, for first reading, waive full reading, and schedule second reading and adoption for October 4, 2006. (Staff: Barry Hogan) 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Moorpark Library Task Force Applications. Staff Recommendation: Appoint six applicants to serve on the Moorpark Library Task Force. (Staff: Mary Lindley) B. Consider Ordinance Establishing the Moorpark City Library. Staff Recommendation: Introduce Ordinance. No. , waive further reading; and schedule second reading and adoption for October 4, 2006. ROLL CALL VOTE (Staff: Mary Lindley) C. Consider Approval of Plans and Specifications for Promects to S nchronize the Sianals Alona Los Angeles Avenue and Tierra Reiada Road and Authorization to Solicit for Construction Bids. Staff Recommendation: Approve the plans and specifications for the subject project and authorize staff to solicit for construction bids. (Staff: Yugal Lail) D. Consider Change to Conceptual Design for the Walnut Canyon /Gabbert Canyon Storm Drain Channel Improvement Project. Staff Recommendation: Approve Revised Alternate B design concept as set forth in the Walnut Canyon /Gabbert Canyon Flood Control Deficiency Study dated July 2005. (Staff: Yugal Lail) Adjourned - City Council Agenda From: September 20, 2006 To: October 4, 2006 Page 4 10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) A. Consider Approval of the Special Meeting Minutes of May 31 2006. Staff Recommendation: Approve the minutes. B. Consider Approval of the Regular Meeting Minutes of August 2 2006. Staff Recommendation: Approve the minutes. C. Consider Approval of the - Special Meeting Minutes of August 16 2006. Staff Recommendation: Approve the .minutes. D. Consider Approval of the Regular Meeting Minutes of August 16 2006. Staff Recommendation: Approve the minutes. E. Consider Approval of Warrant Register for Fiscal Year 2005-2006 September 20 2006. Staff Recommendation: Approve the warrant register. F. Consider Approval of Warrant Register for Fiscal Year 2006-2007 September 20 2006. Staff Recommendation: Approve the warrant register. G. Consider Response to Grand Jury Report on Affordable Housing. Staff Recommendation: Approve letter of response to Grand Jury Report on Affordable Housing. (Staff: Nancy Burns) H. Consider Authorizinq the Use of City Marauee Signs and Portable Lights for Rotary Club Civil War Reenactment Event Scheduled for November 4 and 5, 2006 at Tierra Rei da Ranch. Staff Recommendation: Approve use of City marquee signs, and portable lights, subject to conditions specified in the agenda report. (Staff: Mary Lindley) Consider Bond Reduction for Pardee Homes Moorpark Highlands Tract 5045, Mass Grading Bond. Staff Recommendation: 1) Authorize the City Clerk to reduce Grading Performance Surety Bond No. 81933515 to 10% for Pardee Homes, Moorpark Highlands, Tract 5045; and 2) Authorize the City Clerk to fully exonerate the above referenced surety bond one year after the approval of the reduction and upon written confirmation from the City Engineer that no warranty work is required. (Staff: Yugal Lall) J. Consider Resolution Authorizing the Destruction of Certain Election Records. Staff Recommendation: Adopt Resolution No. 2006 - (Staff: Deborah Traffenstedt) Adjourned - City Council Agenda From: September 20, 2006 To: October 4, 2006 Page 5 10. CONSENT CALENDAR: (continued) K. Consider Resolution Authorizing the Destruction of Certain Records. Adopt Resolution No. 2006- . (Staff: Deborah Traffenstedt) L. Consider Resolution Adopting The National Incident Management System For Disaster Response and Emergency Management. Staff Recommendation: Adopt Resolution No. 2006- . (Staff: John Brand) M. Consider Partial Refund of the Cash Surety for the Moorpark Presbyterian Church at 13950 Peach Hill Road. Staff Recommendation: Authorize the City Clerk to refund a portion of the cash surety in the amount of $44,067.95 for Grading and Improvements for the Moorpark Presbyterian Church. (Staff: Yugal Lall) N. Consider Resolution Amending the Fiscal Year 2006/07 Budget for the Purchase of a Salad Bar for the Senior Nutrition Program. Staff Recommendation: Adopt Resolution No. 2006- ROLL CALL VOTE REQUIRED (Staff: Mary Lindley) O. Consider Resolution Authorizing the Submittal of a Grant Application Requesting Monies from the Ventura County Area Agency in Aging Older Americans Act Title III -B Contract Grant Funds for the "Fit for Life" Physical Fitness Proiect and Authorizing the City Manager to Sign All Related Agreements. Staff Recommendation: Adopt Resolution No. 2006- (Staff: Mary Lindley) P. Consider Resolution for the Submittal of a Grant Application to the Ventura County Area Agency on Aging WCAAA) for Older Americans Act Title III -B Contract Grant Funds for the "Strike Out Stroke" Health Screening and Education Project and Authorizing City Manager to Sign All Related Agreements. Staff Recommendation: Adopt Resolution No. 2006- and authorize the City Manager to execute cooperative agreements with the cities of Oxnard, Santa Paula and Ventura, pending final language approval of the City Manager and City Attorney. (Staff: Mary Lindley) Q. Consider the City of Moorpark General Plan Annual Report Including the Housing Element Progress Report — September 2005 to August 2006. Staff Recommendation: 1) Receive and file report; and 2) Direct staff to forward a copy of this report to the Governor's Office of Planning and Research, the California Department of Housing and Community Development, and the County of Ventura - Planning Division. (Staff: Barry Hogan) Adjourned - City Council Agenda From: September 20, 2006 To: October 4, 2006 Page 6 10. CONSENT CALENDAR: (continued) R. Consider Approval of Plans and Specifications for Modification of the Median at the Intersection of Princeton Avenue and Campus Park Drive. Staff Recommendation: 1) Approve the plans and specifications for the modification of the median at the intersection of Princeton Avenue and Campus Park Drive and authorize staff to advertise for the solicitation of construction bids for the project; and 2) Authorize the City Manager to execute a contract for the construction of the subject project, based on a bid prepared, submitted, reviewed and approved in accordance with applicable State and City requirements and regulations. (Staff: Yugal Lail) S. Consider Final Parcel Map Approval for Parcel Map 5494 Calleguas Municipal Water District. Staff Recommendation: Authorize the Mayor and City Clerk to sign the map and the City Clerk to cause Parcel Map 5494 to be recorded in the office of the Ventura County Recorder. (Staff: Yugal Lail) T. Consider Award of Construction Contract to Replace and Cover Over Street Names and Directional Signs on State Routes 23 and 118 as a Result of Street Name Changes to Princeton Avenue and Los Angeles Avenue. Staff Recommendation: 1) Award construction contract to Peterson -Chase General Engineering Construction, Inc, and authorize the Mayor to execute the construction contract in the amount of $84,501 for Routes 23/118 Sign Change Project; 2) Authorize the City Manager to amend the construction contract for project contingencies in an amount not to exceed $8,500 if and when the need arises for extra work and services; and 3) Authorize the City Manager to enter into an agreement with MNS Engineers, Inc. in the amount of, not to exceed, $12,000 for construction management services. ROLL CALL VOTE REQUIRED (Staff: Yugal Lail) U. Consider Approval of Revised Plans and Specifications and Authorization to Re- Advertise for Bids for the 2006 Pavement Rehabilitation Project. Staff Recommendation: Approve the plans and specifications for the 2006 Pavement Rehab Project and authorize staff to advertise for the solicitation of construction bids for the project. (Staff: Yugal Lail) V. Consider Release of Irrevocable Letter of Credit for the Otay Ranch Company for North Park Communities LLC. Staff Recommendation: 1) Authorize the Finance Department to transfer money from the Community Development North Park project entitlement account to fund any election account deficit; and 2) Authorize the City Clerk to fully release the Irrevocable Letter of Credit surety. (Staff: Deborah Traffenstedt) Adjourned - City Council Agenda From: September 20, 2006 To: October 4, 2006 Page 7 10. CONSENT CALENDAR: (continued) W. Consider Approval of Plans and Specifications and Authorization to Advertise for Bids for the Magnolia Park Street Improvement Project. Staff Recommendation: 1) Approve the plans and specifications for the Magnolia Park Street Improvement Project and authorize staff to advertise for solicitation of constructions bids for the project; and 2) Authorize the City Manager to execute a contract for the construction of the subject project, based on a bid prepared, submitted, reviewed and approved in accordance with applicable State and City requirements and regulations. (Staff: Yugal Lall) 11. ORDINANCES: (ROLL CALL VOTE REQUIRED) A. Consider Ordinance No. 338 Amending Title 9 Public Peace Morals and Welfare by Adding Chapter-9.32, "Social Host" to the Moorpark Municipal Code. Staff Recommendation: Waive full reading and declare Ordinance No. 338 read for the second time and adopted as read. ROLL CALL VOTE REQUIRED B. Consider Ordinance No. 340 Amending Titles 1 and 15 of the Moorpark Municipal Code by Adding Chapter 1.10, "Code Violations Penalties and Enforcement Amending Chapter 112 Which Will be Renamed "Nuisances Addinq Chapter 1.16 Entitled "Administrative Citations and Amending Section 15.04 060 Entitled "Violations and Penalties ". Staff Recommendation: Waive full reading and declare Ordinance No. 340 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) City of Moorpark vs. Ventura County Community College District (Case No. SC046582) Adjourned - City Council Agenda From: September 20, 2006 To: October 4, 2006 Page 8 12. CLOSED SESSION: (continued) D. 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 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; 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). Adjourned - City Council Agenda From: September 20, 2006 To: October 4, 2006 Page 9 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING ADJOURNED AGENDA I, Maureen Benson, declare as follows: That I am the Deputy City Clerk of the City of Moorpark and that an adjourned agenda of the Regular Meeting of the Moorpark City Council held on September 20, 2006, to be held at 6:30 p.m. in the Council Chambers of the Moorpark Community Center on October 4, 2006, at 799 Moorpark Avenue, Moorpark, California, was posted on September 21, 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 September 21, 2006. Maureen Benson, Deputy City Clerk NOTICE OF CONTINUANCE OF OPEN PUBLIC HEARING Duly noticed public hearing regarding: Consider Resolution Approving Amendment No 1 to Downtown Specific Plan No. 1995 -01 A Request to Amend the Downtown Specific Plan to Provide More Specific Direction Regarding Development and Architectural Style in the Commercial and Residential Areas. was held at a regular meeting on September 20, 2006, at which time the City Council continued the open public hearing to a City Council meeting to be held on October 4, 2006, in the Community Center located at 799 Moorpark Avenue, Moorpark, California. Dated: September 21, 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 Resolution Approving Amendment No 1 to Downtown Specific Plan No. 1995 -01 A Request to Amend the Downtown Specific Plan to Provide More Specific Direction Regarding Development and Architectural Style in the Commercial and Residential Areas. continued from September 20, 2006, to October 4, 2006, was posted on September 21, 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 September 21, 2006. Maureen Benson Deputy City Clerk NOTICE OF CONTINUANCE OF OPEN PUBLIC HEARING Duly noticed public hearing regarding: Consider Zoning Ordinance Amendment No 2005 -03 — Amendments to Chapter 17.24: Lot Area and Coverage Setbacks Height and Related Provisions, Chapter 17.32: Parking Access and Landscaping Reguirements, and Chapter 17.72: Downtown Specific Plan Overlay Zone (SP-D), and Repealing Ordinance No 331 a Temporary Moratorium in the Downtown Specific Plan Overlay Zone. was held at a regular meeting on September 20, 2006, at which time the City Council continued the open public hearing to a City Council meeting to be held on October 4, 2006, in the Community Center located at 799 Moorpark Avenue, Moorpark, California. Dated: September 21, 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 Zoning Ordinance Amendment No 2005 -03 — Amendments to Chapter 17.24: Lot Area and Coverage Setbacks Height and Related Provisions; Chapter 17.32: Parking Access and Landscaping Requirements; and Chapter 17.72: Downtown Specific Plan Overlay Zone (SP-D)—and Repealing Ordinance No 331 a Temporary Moratorium in the Downtown Specific Plan Overlay Zone. continued from September 20, 2006, to October 4, 2006, was posted on September 21, 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 September 21, 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 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. was held at a regular meeting on September 20, 2006, at which time the City Council continued the open public hearing to a City Council meeting to be held on November 15, 2006, in the Community Center located at 799 Moorpark Avenue, Moorpark, California. Dated: September 21, 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 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 from September 20, 2006, to November 15, 2006, was posted on September 21, 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 September 21, 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 -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. was held at a regular meeting on September 20, 2006, at which time the City Council continued the open public hearing to the regular City Council meeting to be held on November 15, 2006, in the Community Center located at 799 Moorpark Avenue, Moorpark, California. Dated: September 21, 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 North of Championship Drive and West of Walnut Canyon Road, on the Application of Toll Brothers Inc continued from September 20, 2006, to November 15, 2006, was posted on September 21, 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 September 21, 2006. Maureen Benson Deputy City Clerk