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11017^) Ordinance No. 247
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CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, OCTOBER 7, "1998
7 :00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2 . INVOCATION:
Silent Moment of Reflection
3 . PLEDGE OF ALLEGIANCE:
4 . ROLL CALL:
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. 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 529-6864 .
City Council Agenda
October 7, 1998
Page 2
5 . PROCLAMATIONS AND COMMENDATIONS:
A. Opening of Senior Olympics Games .
B. Proclamation Declaring October 4 - 10, 1998 Mental
Illness Awareness Week
C. Presentation by Supervisor Schillo Regarding
Agricultural Policies Working Group
6 . PUBLIC COMMENT:
AT THIS POINT IN THE MEETING THE COUNCIL WILL RECESS TO CONVENE
THE REDEVELOPMENT AGENCY.
7 . 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to be withdrawn from the Consent Calendar shall be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. )
8 . ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
9 . PUBLIC HEARINGS:
A. Consider General Plan Amendment No. 97-1, to Amend the
Land Use and Circulation Elements; Zone Change No. 97-
5 , to Amend Title 17 of the Municipal Code, Through
Text and Map Changes to Establish Zoning Districts and
Control Development Standards; and the Moorpark
Downtown Specific Plan No. 95-1, Which Includes Land
Use and Zoning Maps, a Streetscape Beautification
Program, Pedestrian and Traffic Circulation
Improvements, Design Guidelines, Development
Standards, and Implementation Programs to Guide Future
Development . (Continued From August 19, 1998 - Public
Hearing Open) . Staff Recommendation: 1) Consider
Resolution No. 98- for adoption of a Mitigation
Monitoring Program, adoption of a Mitigated Negative
Declaration including responses to comments, adoption
of General Plan Amendment 97-1, and adoption of
Specific Plan 95-1; and 2) Consider introduction for
first reading of Ordinance No. to amend the
Municipal Code, Title 17, Zoning, to designate
properties within the downtown plan area as Specific
Plan - Downtown (SP-D) Zone; to establish a new zoning
category known as "Old Town Commercial" (C-OT) ; and,
amend the zoning map to reflect Downtown Specific Plan
zoning.
City Council Agenda
October 7, 1998
Page 3
9 . PUBLIC HEARINGS: (Continued)
B. Consider Adopting Three Resolutions for Enforcement of
the California Vehicle Code on Privately Owned Streets
and Parking Facilities Located at 4241 Tierra Rejada
Road (American Stores Properties, Inc. - Lucky Store #
121-558) , 555-561 New Los Angeles Avenue (Moorpark
Caymus Properties, LLC Blockbuster/Starbucks
Building) , and 550 West Los Angeles Avenue (G & S
Corporation, CPD Permit No. 97-1) . Staff
Recommendation: 1) Adopt Resolution No. 98- making
the CVC applicable to certain private roads and
parking facilities upon the commercial property
located at 4241 Tierra Rejada Road (American Stores
Properties, Inc. - Lucky Store # 121-558) ; 2) Adopt
Resolution No. 98- making the CVC applicable to
certain private roads and parking facilities upon the
commercial property located at 555-561 New Los Angeles
Avenue (Moorpark Caymus Properties, LLC
Blockbuster/Starbucks Building) ; and 3) Adopt
Resolution No. 98- making the CVC applicable to
certain private roads and parking facilities upon the
future commercial property located at 550 West Los
Angeles Avenue (G & S Corporation, Commercial Planned
Development Permit No. 97-1) .
10 . PRESENTATION/ACTION/DISCUSSION:
A. Consider Resolution No. 98- Establishing the City
Council' s Position Opposing Proposition 9 "Utility
Rate Reduction and Reform Act" - (Follow Up From
Council Item 10 .L. , September 16, 1998 . ) Staff
Recommendation: Oppose Proposition 9, by adopting
Resolution No. 98-
B. Consider Referendum Petition Against Ordinance No. 246
and Calling a Special Election to be Held on January
12 , 1999, for Consideration of Ordinance No. 246,
Adopting a Development Agreement Between the City of
Moorpark and Hidden Creek Ranch Partners (Messenger
Investment Company) Related to the Development of
Specific Plan No. 8 : Hidden Creek Ranch and an
Ordinance Entitled the Moorpark Save Open-Space and
Agricultural Resources (SOAR) , Including Report
Prepared Pursuant to Elections Code Section 9212 and
For Preparing the Arguments For and Against the Two
Referenced Ordinances . Staff Recommendation: 1)
Receive and File the Report on Moorpark Save Open-
* Items deemed by the City Manager to be High Priority
City Council Agenda
October 7, 1998
Page 4
10 . PRESENTATION/ACTION/DISCUSSION: (Continued)
Space and Agricultural Resources (SOAR) Initiative
Measure; and 2) Adopt Resolution Nos . 98- , 98-
98- and 98- calling and giving notice of a
Special Municipal Election on Tuesday, January 12 ,
1999; requesting the County Board of Supervisors to
permit the County Clerk to render services; providing
for the filing of written arguments and directing the
City Attorney to prepare an impartial analysis; and
appoint an Ad Hoc Committee to prepare an argument in
favor of Ordinance No. 246; or -3) Repeal Ordinance No.
246 and Adopt Resolution Nos . 98- , 98- , 989-
and 98- , calling and giving notice of Special
Municipal Election on Tuesday, January 12, 1999, for
submission of an ordinance to the qualified voters;
requesting the County Board of Supervisors to permit
the County Clerk to render services; providing for the
filing of rebuttal arguments; and setting priorities
for filing written arguments and directing the City
Attorney to prepare an impartial analysis; and appoint
an Ad Hoc Committee to prepare an argument against the
Moorpark SOAR measure .
* C. Consider Moorpark Girls Softball Proposal . Staff
Recommendation: 1) Direct staff to prepare a budget
amendment, for consideration at the October 21 City
Council meeting, which documents the repayment of
various loans in the Community Park Improvement Zone,
forgives the previous General Fund loan of $176, 000
for the AVCP tennis courts, and allocated $235, 712
from the Carlsberg recreation facilities fee; 2)
Approve the relocation of Girls Softball to AVCP for
its spring season; 3) Authorize the construction of a
third softball field at AVCP by Girls Softball under
the supervision of Community Service Department staff,
and consistent with City plans and specification; and
4) Approve the use of City funds, from the Community
Park Improvement Zone, to provide a fifty percent
match to girls Softball' s costs to fund initial field
improvements only (backstop, infield dirt, bases, and
sprinkler system) , at a cost not to exceed $6, 000 .
* Items deemed by the City Manager to be High Priority
City Council Agenda
October 7, 1998
Page 5
10 . PRESENTATION/ACTION/DISCUSSION: (Continued)
D. Consider Adoption of Ordinance No. Amending
Chapter 12 . 16 of the Moorpark Municipal Code,
Resolution No. 98- Adopting Revised Park Rules and
Regulations Governing the Use of the Facilities in
Public Parkland, Group Classifications and Fee
Schedule. Staff Recommendation: The Parks and
Recreation Commission and staff recommend that the
City Council introduce for first reading Ordinance No.
amending Chapter 12 . 16 Parks of Title 12 , Streets,
Sidewalks & Public Places in •,the Municipal Code and
approve Resolution No. 98- adopting revised Park
Rules and Regulations Governing the Use of the
Facilities in Public Parkland, group classifications
and fee schedule .
* E. Consider a Property Mail Ballot Assessment for the
Maintenance of City Parks . Budget and Finance
Committee and Staff Recommendation: Indicate its
intent to undertake a mail ballot property assessment
proceeding prior to the end of the FY 1998/99, and
direct staff to interview prospective consultants and
return to Council by November 4 with a recommendation.
F. Consider Modifying Housing Rehabilitation Loan
Programs . Staff Recommendation: 1) Extend the Housing
Rehabilitation Loan Program maximum loan amount to
eighteen thousand dollars ($18 , 000) ; 2) Allow
homeowners who have previously participated in this
program to apply for additional funds for major
repairs only, to correct an unsafe condition, in the
amount of the difference between their original loan
and a maximum of eighteen thousand dollars ($18, 000) ;
and 3) Remove the requirement for a two-to-one (2 : 1)
equity to loan amount ratio.
G. Consider Rehabilitation Program for Mobilehomes .
Staff Recommendation: Authorize a housing
rehabilitation program for Low and Very Low Income
households in Villa del Arroyo Mobilehome Park for
repairs as described in the staff report, using the
City' s housing fund.
* Items deemed by the City Manager to be High Priority
City Council Agenda
October 7, 1998
Page 6
11. CONSENT CALENDAR:
A. Consider Approval of Minutes of the June 24 , 1998
Special City Council Meeting.
Consider Approval of Minutes of the July 8 , 1998 Joint
City Council and Parks and Recreation Commission
Meeting.
Consider Approval of Minutes of the August 19, 1998
Regular City Council Meeting.
Consider Approval of Minutes of the September 2 , 1998
Special City Council Meeting.
Consider Approval of the Minutes of the September 16,
1998 Special City Council Meeting.
Staff Recommendation: Approve the minutes as
processed.
B. Consider Approval of Warrant Register of October 7,
1998 .
Fiscal Year 1998/99
Manual Warrants 42582 - 42586 $ 3 , 893 . 34
42678 - 42684
Voided Warrants 42470 & 42673 $ (900 . 00)
Regular Warrants 42685 - 42721 - D $338 , 133 . 67
42722 - 42787 - V $ 27, 995 . 51
C. Consider FY 1998/99 Budget Amendment for Virginia
Colony Park. Staff Recommendation: Adopt Resolution
No. 98- , amending the FY 1998/99 Budget by
transferring $9, 000 from the General Fund Reserve
(100) to the Park Division Budget (100 . 705) for
operational costs associated with Virginia Colony
Park.
City Council Agenda
October 7, 1998
Page 7
11. CONSENT CALENDAR: (Continued)
D. Consider Directing Staff to Develop a New Agenda
Processing Procedure to Require Relevant Staff Reports
to Be Provided to the Moorpark Unified School District
and Moorpark College. Staff Recommendation: Direct
the City Manager to modify Moorpark Administrative
Procedure No. CM-15, Agenda Processing, to require
that a copy of relevant City Council meeting agenda
reports be provided to the Moorpark Unified School
District and Moorpark College.
E. Consider Request from the Peach Hill Homeowners
Association that the City Construct a Sound Wall Along
Peach Hill Road. Staff Recommendation: Direct staff
to send letter to the Peach Hill HOA advising them
that their request is denied.
F. Consider Appointment of New Building Official . Staff
Recommendation: Approve appointment of Greg Robinson
as the City of Moorpark Building Official .
G. Consider Request for Waiver of Park Rental Fees .
Staff Recommendation: Decline the request from Ms .
Garza to waive park rental fees .
12 . ORDINANCES:
13 . 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title : Assistant City Manager, City Attorney, City
Clerk, City Manager, City Engineer, Chief of Police,
Director of Community Development, Director of
Community Services, Public Works Director
City Council Agenda
October 7, 1998
Page 8
13 . CLOSED SESSION: (Continued)
D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956 . 9)
City of Moorpark vs . Theresa L. Dillon
E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956 . 9)
The Environmental Coalition of Ventura County vs . City
of Moorpark
F. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
(Subdivision (a) of Section 54956 . 9)
City of Moorpark vs . Villa Del Arroyo, LTD. , a limited
partnership
G. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956 . 9)
City of Moorpark vs . Southern California Edison, et al
H. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956 . 9)
Deborah S . Traffenstedt et al vs . County Board of
Supervisors
14 . ADJOURNMENT:
In compliance with the Americans with Disabilities Act, if you
need assistance to participate in this meeting, please contact
the City Clerk' s Department at (805) 529-6864 . Notification 48
hours prior to the meeting will enable the City to make
reasonable arrangements to ensure accessibility to this meeting
(CFR 35 . 102-35 . 104 ADA Title II)
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
I, Lisa Pope, 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 Wednesday, October 7, 1998, at 7:00 p.m. in the Council
Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was
posted on October 2, 1998, 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 October 2, 1998.
pay),„(__
Lisa Pope, Deputy dity Clerk