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Resolution No . 2003-2110
Ordinance No. 295
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, AUGUST 20, 2003
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. Recognition of Deputy Jeffrey Manory, D.A.R.E Officer.
B. Recognition of Deputy Amy Ward, Moorpark High School
Resource Officer.
C. Recognition of Outgoing Teen Council Members .
D. City Manager' s Monthly Report .
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 20 , 2003
Page 2
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 2.8, 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to be withdrawn from the Consent Calendar shall be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 . 2003-01, Zone
Change No . 2003-01, Tentative Tract Map No. 5405 , and
Residential Planned Development Permit No . 2003-01 ,
for Seventeen (17 ) Affordable Single-Family Housing
• Units on a 3 . 15 Acre Site Located West of Walnut
Canyon Road, Approximately One-Half Mile North of
Casey Road on the Application of William Lyon Homes .
Staff Recommendation: 1) Open the public hearing,
accept public testimony, and close the public hearing;
2) Adopt Resolution No. 2003- , adopting the
Mitigated Negative Declaration and approving General
Plan Amendment No . 2003-01; 3 ) Adopt Resolution No .
2003- , approving Tentative Tract Map No. 5405, and
Residential Planned Development Permit No . 2003-01
subject to Conditions of Approval ; and 4) Introduce
Ordinance No . for first reading to amend the
zoning of the project site, and schedule second
reading and adoption for September 3 , 2003 . (Staff:
Barry Hogan)
B. Consider Zoning Ordinance Amendment No. 2003-01,
Deleting Chapter 5 . 88 of the Moorpark Municipal Code
Regarding Home Occupations, Boutique Sales, and Garage
Sales and Amending Chapter 17 .28 . 020 (B) Regarding Home
Occupations and Garage Sales . Staff Recommendation:
1) Open the public hearing, accept public testimony
and close the public hearing; and 2 ) Introduce
Ordinance No. for first reading to approve Zoning
Ordinance Amendment No . 2003-01, and schedule second
reading and adoption for September 17 , 2003 . (Staff:
Barry Hogan)
Regular City Council Meeting Agenda
August 20 , 2003
Page 3
8. PUBLIC HEARINGS: (continued)
C. Consider Amendments to Chapters 17 . 20 (Uses by Zone) ,
17 .28 (Standards for Specific Uses) , 17 . 44
(Entitlement - Process and Procedures) , 17 . 60
(Amendments to the General Plan, Specific Plans,
Zoning Map and Zoning Code) and 17 . 68 (Public Notice) .
Staff Recommendation: 1) Open the public hearing,
accept public testimony, and close the public hearing;
and 2) Introduce Ordinance No. for first reading
approving Zoning Ordinance Amendment No. 2002-05 , and
schedule second reading and adoption for September 3 ,
2003 . (Staff: Barry Hogan)
D. Reconsideration of Condition of Approval for
Commercial Planned Development Permit No . 2002-01
(GreeneWay) Related to Left-Turns at the Spring Road
Driveway, on the Initiation of City Council . Staff
Recommendation: Affirm the Conditions of Approval
that were adopted on June 4, 2003 , utilizing Design
Option 3 . Should the City Council wish to amend
Special Condition of Approval No. 11 related to the
left turn movements, direction could be given to the
Community Development Director to process a Permit
Adjustment. (Staff: David Bobardt)
9. PRESENTATION/ACTION/DISCUSSION:
A. Consider Teen Council Appointments . Staff
Recommendation: Make a minimum of seven and a maximum
of eleven appointments to the Teen Council for a one-
year term to end on June 30 , 2004 . (Staff: Deborah
Traffenstedt)
B. Consider Appointment of Two City Representatives to
the Ventura County Area Housing Authority (AHA) .
Staff Recommendation: Appoint two City
representatives to the Ventura County AHA for a four-
year term ending August 31, 2007 . (Staff: Deborah
Traffenstedt)
Regular City Council Meeting Agenda
August 20 , 2003
Page 4
9. PRESENTATION/ACTION/DISCUSSION: (continued)
C. Consider Cost Reduction Alternative for the
Corporation Yard Project . Staff Recommendation:
Approve the preliminary design for Construction Option
'A' (masonry construction with covered parking) , with
the deletion of Change Item B (portion of wrought iron
fencing) and the inclusion of Change Item A (cover for
perimeter parking/storage areas) as a Bid Add
Alternate . (Staff: Kenneth Gilbert)
10. CONSENT CALENDAR:
A. Consider Approval of Minutes of Regular Meeting of May
1, 2002 .
Consider Approval of Minutes of Regular Meeting of
August 21, 2002 .
Consider Approval of Minutes of Regular Meeting of May
7 , 2003 .
Consider Approval of Minutes of Regular Meeting of
June 18, 2003 .
Consider Approval of Minutes of Regular Meeting of
July 2, 2003 .
Staff Recommendation: Approve the minutes .
B. Consider Approval of Warrant Register for Fiscal Year
2002-2003 - August 20 , 2003 .
Manual Warrants 113264 & $ 843 , 694 . 67
113266 - 113270 &
113401 - 113403 &
113406 & 113583 -
113586
Voided Warrant 113043 $ (95 . 00)
Regular Warrants 113271 - 113379 & $1, 299, 066 . 26
113407 - 113498 & $ 481, 305 . 54
113682 - 113701 $ 205, 270 . 65
Staff Recommendation: Approve the warrant register.
Regular City Council Meeting Agenda
August 20 , 2003
Page 5
10. CONSENT CALENDAR: (continued)
C. Consider Approval of Warrant Register for Fiscal Year
2003-2004 - August 20 , 2003 .
Manual Warrants 113259 - 113263 & $ 211, 795 . 13
113265 & 113404 -
113405 & 113582
Voided Warrant 113192 & 113063 & $ (1, 923 . 42 )
113383 & 113438
Payroll Liability 113396 - 113400 & $ 2, 600 . 16
Warrants 113577 - 113581 & $ 2, 595 . 84
113590 - 113594 $ 2, 570 . 53
Regular Warrants 113380 - 113395 & $ 18, 800 . 22
113499 - 113576 & $ 166, 416 .23
113595 - 113681 $1, 677, 221 . 01
Staff Recommendation: Approve the warrant register .
D. Consider Resolution Approving Conditional Use Permit
(CUP) No. 2003-04, a Request to Allow the Sale and
Consumption of Alcoholic Beverages (in Addition to
Beer and Wine) in Conjunction with Food Service at the
Moorpark Country Club Golf Course and Clubhouse, 11800
Championship Drive, on the Application of Moorpark
Country Club (Toll Brothers, Inc . ) . (Continued from
July 2, 2003) Staff Recommendation: Adopt Resolution
No. 2003- . (Staff: Barry Hogan)
E. Consider Flinn Avenue Driveway. Staff Recommendation:
1) Approve the conceptual plan for converting Old
Flinn into an alley (driveway) and authorize staff to
design and construct the improvements required to
implement this plan; and 2 ) Direct staff to provide a
response to Mr. Scribner, respectfully declining his
offer to acquire the property in question. (Staff:
Kenneth Gilbert)
F. Consider Rescinding Agreement Between the City of
Moorpark and MSE Environmental, Inc . for Regular
Monthly Household Hazardous Waste Event Participation.
Staff Recommendation: Rescind the Agreement approved
on January 16 , 2002 . (Staff: John Brand)
Regular City Council Meeting Agenda
August 20 , 2003
Page 6
10. CONSENT CALENDAR: (continued)
G. Consider Waiver of Police Facility and Landscape Fees
for the Ventura County Fire Protection District
Station 42 Project . Staff Recommendation: Authorize
the fee waiver and refund the Police Facility Fee and
Landscape Fee in the total amount of $4, 330 . 75 to the
Ventura County Fire Protection District . (Staff:
Hugh Riley)
H. Consider Right-of-Way Acquisition on Grimes Canyon
Road and on Spring Road North of New Los Angeles
Avenue. Staff Recommendation: 1) Authorize the City
Manager to execute documents related to the
acquisition of certain street rights-of-way and
related property rights required for the construction
of the projects described in the agenda report; and 2 )
Authorize the City Clerk to accept and record any such
documents . (Staff: Kenneth Gilbert)
I . Consider Adoption of a Resolution Authorizing the
Submittal of a Ventura County Area Agency on Aging
Grant Application for Older Americans Act Title III-D
Funds for Disease Prevention and Health Promotion
Services at Senior Centers and Authorizing City
Manager to Sign All Related Agreements . Staff
Recommendation: Adopt Resolution No. 2003-
(Staff: John Hartnett)
J. Consider Resolution Authorizing the City' s Fiscal Year
2003/2004 Transportation Development Act (TDA) Claim.
Staff Recommendation: 1) Adopt Resolution No. 2003-
, authorizing the FY 2003/2004 TDA claim for the
City of Moorpark; and 2) Authorize the City Manager to
sign the claim for submittal to the Ventura County
Transportation Commission. (Staff: John Brand)
K. Consider Addendum to the Ventura Intercity Service
Transit Authority (VISTA) -East Cooperative Agreement,
and Cost Allocations . Staff Recommendation: 1)
Approve the Addendum funding VISTA-East for Fiscal
Year 2003/2004, subject to final language approval by
the City Manager; and 2) Authorize the Mayor to sign
the Agreement . (Staff: John Brand)
Regular City Council Meeting Agenda
August 20 , 2003
Page 7
10. CONSENT CALENDAR: (continued)
L. Consider Rejection of Claim: SBC . Staff
Recommendation: Reject the claim and direct staff to
send a standard rejection letter to the claimant .
(Staff: Deborah Traffenstedt)
M. Consider Thousand Oaks Cab Company Request for Dial-A-
Ride Rate Increase. Staff Recommendation: 1) Approve
the new Thousand Oaks Cab Company rate of $2 . 10 per
flag drop and $2 . 10 per mile effective September 1,
2003 ; and 2) Authorize the City Manager to finalize
and execute an addendum to the City' s Agreement .
(Staff: John Brand)
N. Consider Transfer of Ownership of Coach USA (CUSA) .
Staff Recommendation: Approve the transfer of the
Agreement for Maintenance and Operation of Moorpark
City Transit to CUSA, LLC . (Staff: John Brand)
0. Consider Authorizing the Community Development
Director to Extend the Time on a Temporary Use Permit
for a Temporary Equipment Storage Yard Located on the
South Side of Los Angeles Avenue Between Maureen Lane
and Leta Yancy Road on the Property Known as the
Pacific Communities Site (Val Verde Construction,
Applicant) . Staff Recommendation: Authorize the
Community Development Director to extend the life of
the Temporary Use Permit for Val Verde Construction
for the construction yard for a total of ten months or
to the end of the water line construction project in
the City, whichever occurs later . (Staff: Barry
Hogan)
P. Consider Final Map Approval for Tract Map No . 4928-3
(Toll Brothers) . Staff Recommendation: Authorize the
Mayor and City Clerk to sign and the City Clerk to
cause Tract Map 4928-3 to be recorded in the office of
the Ventura County Recorder . (Staff: Walter Brown)
11. ORDINANCES:
None .
Regular City Council Meeting Agenda
August 20 , 2003
Page 8
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 REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956 . 8)
Property: APN 511-0-090-340 , Moorpark, CA 93021
Agency Negotiator : Steven Kueny, City Manager
Negotiation Parties : The City of Moorpark and the
Margaret Irene Gisler Cullen Trust
Under Negotiation: Price and terms of payment
= D. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Government Code Section 54957 . 6)
Agency Designated Representative: Steven Kueny
Employee Organization: Service Employees International
Union, AFL-CIO, CLC, Local 998
E. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: Assistant City Manager, Assistant to City
Manager/City Clerk, City Manager, City Attorney, City
Engineer, Chief of Police, Administrative Services
Director, Community Development Director, Community
Services Director, and Public Works Director.
F. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Government Code Section 54957 . 6)
Agency Designated Representative: Steven Kueny
Unrepresented employees : Accountant I, Administrative
Services Director, Assistant City Manager, Assistant
to City Manager/City Clerk, Budget and Finance
Manager, Community Development Director, Community
Services Director, Information Systems Manager,
Planning Manager, Principal Planner, Public Works
Director, Recreation Manager, and Senior Management
Analyst .
Regular City Council Meeting Agenda
August 20, 2003
Page 9
13 . 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) 517-6223. Notification 48
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting (28 CFR 35.102-35.104; ADA Title II) .
NOTICE OF CONTINUANCE OF PUBLIC HEARING
A duly noticed public hearing regarding:
Consider Amendments to Chapters 17.20 (Uses by Zone),
17.28 (Standards for Specific Uses), 17.44 (Entitlement -
Process and Procedures), 17.60 (Amendments to the General
Plan, Specific Plans, Zoning Map and Zoning Code) and
17.68 (Public Notice).
was held on August 20, 2003, at which time the City Council
continued the open public hearing to the City Council meeting to be
held on September 3, 2003, at 7:00 p.m., in the Community Center
located at 799 Moorpark Avenue, Moorpark, California.
Dated: August 21, 2003
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 Open Public Hearing regarding:
Consider Amendments to Chapters 17.20 (Uses by Zone),
17.28 (Standards for Specific Uses), 17.44 (Entitlement -
Process and Procedures), 17.60 (Amendments to the General
Plan, Specific Plans, Zoning Map and Zoning Code) and
17.68 (Public Notice).
continued from August 20, 2003, to September 3, 2003, was
posted on August 21, 2003, 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 21, 2003.
Maureen Benson
Deputy City Clerk