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Ordinance No. 249
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CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, OCTOBER 21, 1998
7 :00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1 . CALL TO ORDER:
2 . INVOCATION:
Pastor Dave Wilkinson, Moorpark Presbyterian Church
3. PLEDGE OF ALLEGIANCE :
Cub Scout Pack 3601, Cobra Den
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 .
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City Council Agenda
October 21, 1998
Page 2
5. PROCLAMATIONS AND COMMENDATIONS:
A. Recognition of John Oberg for his service to the
Moorpark Parks and Recreation Commission.
B. Introduction of New City employees, Greg
Robinson, Building Official and Raymond Young,
Building Inspector
C. Recognition of Country Days Theme and Logo
Contest Winner, Elizabeth Breed
D. Proclamation Recognizing the Week of October 23rd
through October 30th_ as Red Ribbon Week
E . City Manager' s Monthly Report
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to be withdrawn from the Consent Calendar shall be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 Request by A-B Properties and Southern
California Edison Company for Approval of General Plan
Amendment No. 97-2 to Amend the Land Use Element of
the General Plan on 43 . 32 Acres of Undeveloped Land
Approximately 1, 300 Feet West of Gabbert Road and
North of the Railroad Tracks (APN. 500-34-22 and -23)
From "AG-I" (Agricultural 1 Dwelling Unit/10-40 Acres)
to "I-2" (Medium Industrial) and Zone Change No. 97-7
to Change the Zoning on the Property From AE
(Agricultural Exclusive) to M-2 (Limited Industrial) .
(Continued from September 16, 1998) . Staff
Recommendation: Continue to November 18, 1998, with
the public hearing remaining open and schedule the
Development Agreement public hearing for the same
date.
City Council Agenda
` October 21, 1998
Page 3
10. PRESENTATION/ACTION/DISCUSSION:
* A. Consider Request by Moorpark Girls Softball, the
Repayment of General Fund Loans, and a Budget
Amendment to Reflect the Deposit of Recreation
Facilities Fees From the Carlsberg Specific Plan and
the Appropriation of Funds for the Conceptual Design
of AVCP Phase II (Continued from October 7, 1998) .
Staff Recommendation: Delay its decision on the
construction of a third softball field and: 1) Adopt
Resolution No. 98- , amending the FY 1998/99
Budget by transferring $235, 712 in recreation
facilities fees from the Carlsberg Project (212 . 755)
from the Community Park Improvement Zone (212 . 720) ,
and appropriating $14, 777 from the Community Park
Improvement Zone to the Capital Improvement Budget
(400) for the AVCP Phase II Conceptual Design,
authorize the repayment of the outstanding General
Fund loans in the Community Park Improvement Fund
(less the $176, 000 for AVCP tennis courts) in the
amount of $162, 534, including interest; and 2)
Authorize the City Manager to sign an agreement with
Takata Associates for the conceptual design of AVCP
Phase II at a cost not to exceed $14, 777 .
* B. Consider 1) a Request for a Change to the Parking
Restrictions on University Drive, Milne Court and
Trollope Court from "One Hour Parking - City Permits
Exempt" to "No Parking - City Permits Exempt"; and 2)
Adoption of Resolution No. 98- Amending Resolution
No. 90-634 to Implement Said Request. Transportation
and Streets Committee and Staff Recommendation: Adopt
Resolution No. 98- amending Resolution No. 90-634
establishing a "NO PARKING - CITY PERMITS EXEMPT" zone
on Milne Court, Trollope Court and portions of
University Drive.
C. Consider Approval of Minor Modification No. 1 to
Industrial Planned Development Permit No. 95-2 on the
Application of Special Devices, Incorporated for
Modification of Condition No. 143 and Annual Review of
Development Agreement in Accordance with Section
15 . 40 . 150 of the Municipal Code. Staff
Recommendation: Adopt Resolution No. 98- approving
Minor Modification No. 1 to Industrial Planned
Development Permit No. 95-2 and that the annual review
of the Development Agreement has been completed.
* Items Deemed by the City Manager to be High Priority
City Council Agenda
October 21, 1998 °
Page 4
10 . PRESENTATION/ACTION/DISCUSSION: (Continued)
D. Consider Referral of Proposed Draft Development
Agreement for Pacific Communities (Tentative Tract
5053) to the Planning Commission. Staff
Recommendation: Consider report from the Ad Hoc
Committee and direct Planning Commission to proceed
with a Public Hearing on the draft Development
Agreement with Pacific Communities (Tentative Tract
5053) .
11 . CONSENT CALENDAR:
A. Consider Approval of Minutes of the June 3, 1998
Regular City Council Meeting.
Consider Approval of Minutes of the June 17, 1998
Regular City Council Meeting.
Consider Approval of Minutes of the July 1, 1998
Regular City Council Meeting.
Consider Approval of Minutes of the July 8, 1998
Special Joint City Council and Planning Commission
Meeting.
Consider Approval of the Minutes of the September 23,
1998 Joint City Council and Planning Commission
Meeting.
Consider Approval of Minutes of the October 7, 1998
Special City Council Meeting.
Staff Recommendation: Approve the minutes as
processed.
City Council Agenda
October 21, 1998
Page 5
11 . CONSENT CALENDAR: (Continued)
B. Consider Approval of Warrant Register of October 21,
1998 .
Fiscal Year 1998/99
Manual Warrants 42788 - 42793 $ 5, 905 . 55
Voided Warrants 42512 & 42621 $ (1, 934 . 00)
Regular Warrants 42798 - 42839 - D $384, 202 . 16
42840 - 42961 - V $213, 933 . 63
C. Consider Resolution No. 98- Adopting a Revised
Deferred Compensation Plan and Trustee/Custodial
Document . Staff Recommendation: Adopt Resolution No.
98- adopting a revised deferred compensation plan
and trustee/custodial document .
D. Receive and File Annual Financial Report for Year
Ending June 30, 1998 for Moorpark Mosquito Abatement
District . Staff Recommendation: Receive and file the
"Moorpark Mosquito Abatement District Financial
Statements for the Year Ended June 30, 1998" as
prepared by the firm of Shallenberger & Roberts .
E. Consider Acceptance of the Federal COPS Small
Communities Grant in the Amount of $15, 000 . Staff
Recommendation: Adopt Resolution No. 98- , and
authorize the City Manager to execute the forms needed
to accept the COPS Small Communities Grant monies in
the amount of $15, 000 .
F. Consider Authorization to Advertise for Bids for the
Construction of Phase 2 Alley Improvements . Staff
Recommendation: Approve the plans and specifications
for the subject project and authorize staff to
advertise for receipt of bids .
G. Consider City Goals and Objectives for FY 1998/99.
Staff Recommendation: Approve the revised "Mission
Statement, Goals, and Objectives for FY 1998/99 .
4
City Council Agenda
October 21, 1998
Page 6
11 . CONSENT CALENDAR: (Continued)
H. Consider Resolution No . 98- , Authorizing the
City' s FY 1998/99 Transportation Development Act
Claim. Staff Recommendation: Adopt Resolution No. 98-
, authorizing the FY 1998/99 Transportation
Development Act claim for the City of Moorpark,
authorizing the City Manager to sign the claim for
submittal to the Ventura County Transportation
Commission.
I . Consider Approval of a Change to the Standard
"Agreement for Construction of Subdivision
Improvements and Reimbursement" . Staff
Recommendation: Approve the recommended language
change to the subject Agreement.
J. Consider Resolution No. 98- Amending the Conflict
of Interest Code of the City of Moorpark and
Rescinding Resolution No . 94-1092 . Staff
Recommendation: Adopt Resolution No. 98- , amending
the Conflict of Interest Code of the City of Moorpark
and rescinding Resolution No. 94-1092 .
K. Consider Joint Resolution No. 98- With the Ventura
County Board of Supervisors Agreeing to the Negotiated
Exchange of Propetty Tax Revenues for Transfers of
Service Responsibilities and Boundary Changes Between
the County and the City. Staff Recommendation: Adopt
Resolution No. 98- agreeing to the negotiated
exchange of property tax revenues for transfers of
service responsibilities and boundary changes between
the County and City.
12. ORDINANCES:
A. Consider Ordinance No. 247 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. Staff Recommendation: Adopt
on Second Reading Ordinance No. 247 amending the
City Council Agenda
October 21, 1998
Page 7
12 . ORDINANCES: (Continued)
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.
B. Consider Adoption of Ordinance No. 248, Amending
Chapter 12 . 16 of the Moorpark Municipal Code. Staff
Recommendation: Adopt on second reading Ordinance No .
248 amending Chapter 12 . 16 Parks of Title 12, Streets,
Sidewalks & Public Places in the Municipal Code .
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
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
4
City Council Agenda
October 21, 1998
Page 8
13. CLOSED SESSION: (Continued)
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, City Clerk, vs . Board of
Supervisors of the County of Ventura
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)