HomeMy WebLinkAboutAGENDA 2004 0915 CC REGResolution No. 2004 -2239
Ordinance No. 306
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, SEPTEMBER 15, 2004
7:00 P.M.
Moorpark Community Center
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. PROCLAMATIONS AND COMMENDATIONS:
799 Moorpark Avenue
A. Certificates of Recognition for Country Days Logo and
Theme Contest Winners, Jessica Dungca and Scott
Tipping.
B. Proclamation Approving October 1, 2004, as "California
Arts Day" and Recognizing the Month of October as
"Arts and Humanities Month ".
C. 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.
Regular City Council Meeting Agenda
September 15, 2004
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 2.8, 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to be withdrawn from the Consent Calendar shall be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. 2001 -05, Specific
Plan No. 2001 -01, and Zone Change No. 2001 -02 for
1,650 Housing Units on 3,586.3 Acres Located Generally
North of Moorpark College and State Route 118 on Land
Immediately Outside City of Moorpark Municipal
Boundaries, on the Application of North Park Village
LP. (continued from July 21, 2004, with public
hearing open) Staff Recommendation: Continue to take
testimony in the open public hearing, and continue the
agenda item with the public hearing open, to October
20, 2004. (Staff: David Bobardt)
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider Agreements for Professional Services Relating
to the Formation, Financing and Annual Administration
of Moorpark Highlands (Morrison /Pardee) and Moorpark
Vista (SunCal) Community Facilities Assessment
Districts. Staff Recommendation: Approve agreements
subject to final language approval by the City Manager
and the City Attorney. (Staff: Hugh Riley)
B. Consider Resolutions for Proceedings to Initiate the
Formation of the City of Moorpark Community Facilities
District No 2004 -1 (Moorpark Highlands) and Moorpark
Community Facilities District No. 2004 -2 (Moorpark
Vista). Staff Recommendation: Adopt Resolutions Nos.
2004- r 2004- 2004- and 2004 -
(Staff: Hugh Riley)
Regular City Council Meeting Agenda
September 15, 2004
Page 3
9. PRESENTATION /ACTION /DISCUSSION: (continued)
C. Consider Resolution to Change the Name of Los Angeles
Avenue Between Collins Drive and the Easterly City
Limit. Staff Recommendation: Adopt Resolution No.
2004- , changing the street name for the segment of
Los Angeles Avenue east of Collins Drive to Arroyo
Drive. (Staff: Kenneth Gilbert)
D. Consider Permit Adjustment No. 2004 -10 for Commercial
Planned Development No. 2001 -01: 1) Approval of a Site
Plan and Building Elevations for a 4,850 Square -Foot
Panera Bread Restaurant Building on Pad 1 of the
Moorpark Marketplace; and 2) Approval of a New
Sidewalk Section on the West Side of the Food Court,
Located South of New Los Angeles Avenue, East of
Miller Parkway and West of the SR -23 Freeway on the
Application of Zelman Moorpark, LLC. Staff
Recommendation: Direct staff to prepare a letter
approving Permit Adjustment No. 2004 -10 to Commercial
Planned Development No. 2001 -01. (Staff: Barry Hogan)
E. Consider Recommendation of the Council Ad Hoc
Committee on the Selleck Property Located on the North
Side of New Los Angeles Avenue /White Sage Road
Immediately East of the State Route 23 Freeway. Staff
Recommendation: Approve the Ad Hoc Committee's
recommendations with the waiver of the General Plan
Pre - Screening filing. (Staff: Barry Hogan)
F. Consider an Aqreement with Adelphia Communications
Corporation dba Century -TCI California, L.P. for Cable
Television Franchise Renewal. Staff Recommendation:
Approve Franchise Renewal Agreement with Adelphia
Communications Corporation, subject to final language
approval by the City Manager and City Attorney.
(Staff: Hugh Riley)
G. Consider an Ordinance Amending Section 2.04.055,
Compensation, of Chapter 2.04, City Council, of Title
2 of the Municipal Code. Staff Recommendation: Waive
full reading and introduce Ordinance No. for
first reading. (Staff: Deborah Traffenstedt)
Regular City Council Meeting Agenda
September 15, 2004
Page 4
9. PRESENTATION /ACTION /DISCUSSION: (continued)
H. Consider Approval of Final Improvement Plans for
Walnut Canyon Road in Conjunction with the Approval of
Tract No. 5187 (William Lyon Homes). Staff
Recommendation: 1) Approve the final improvement
plans for Walnut Canyon Road pertaining to Tract 5187;
and 2) Direct staff to process a Permit Adjustment to
allow for the use of a multi -use trail in lieu of
sidewalk north of "A" Street. (Staff: Barry Hogan)
10. CONSENT CALENDAR:
A. Consider Approval of Minutes of Regular Meeting of
June 16, 2004.
Staff Recommendation: Approve the minutes.
B. Consider Approval of Warrant Register for Fiscal Year
2004 -2005 - September 15, 2004.
Manual Warrants 117185 - 117190 & $ 49,082.43
Voided Warrant $ 0.00
Payroll Liability 117289 - 117293 $ 1,839.73
Warrants
Regular Warrants 117191 - 117275 & $ 36,246.07
117276 - 117288 $ 659,124.56
Staff Recommendation: Approve the warrant register.
C. Consider City of Moorpark General Plan Annual Report
Including the Housing Element Progress Report -
September 2003 to August 2004. Staff Recommendation:
1) Receive and file the report; and 2) Direct staff to
forward a copy of this report to: Governor's Office
of Planning and Research, State Department of Housing
and Community Development, and County of Ventura
Planning Division. (Staff: Barry Hogan)
D. Consider Resolution Establishing Landscape Design
Guidelines and Standards. Staff Recommendation:
Adopt Resolution No. 2004- (Staff: Barry Hogan)
Regular City Council Meeting Agenda
September 15, 2004
Page 5
10. CONSENT CALENDAR: (continued)
E. Consider Approval of Professional Services Agreement
between the City of Moorpark and Professional Design
Incorporated for Landscape Plan Review and Inspection
Services. Staff Recommendation: 1) Approve the
Agreement, subject to final language approval by the
City Manager and City Attorney, and authorize the City
Manager to sign the Agreement; and 2) Authorize staff
to develop a list of alternate landscape architects
for plan check and inspection on a per job basis to be
approved by Purchase Order for a not to exceed total
amount at an hourly rate up to $80.00 per hour.
(Staff: Barry Hogan)
F. Consider Resolution Amending the Fiscal Year 2004/2005
Solid Waste AB 939 Budget. Staff Recommendation:
Adopt Resolution No. 2004- ROLL CALL VOTE
REQUIRED (Staff: John Brand)
G. Consider Resolution Authorizing the City's Fiscal Year
2004/2005 Transportation Development Act Claim. Staff
Recommendation: Adopt Resolution No. 2004- ,
authorizing the City Manager to sign the FY 2004/05
TDA Claim on behalf of the City for submittal to
Ventura County Transportation Commission. (Staff:
John Brand)
H. Consider Resolution Amending the Conflict of Interest
Code of the City of Moorpark and Rescinding Resolution
No. 2002 -2020. Staff Recommendation: Adopt Resolution
No. 2004- (Staff: Deborah Traffenstedt)
I. Consider Discussion of the Requirement for the
Vacation of that Portion of Lassen Avenue East of Park
Lane. Staff Recommendation: Receive and file report.
(Staff: Kenneth Gilbert)
J. Consider Grant Deed of Easement to the City of
Moorpark in Relation to Park Lane Improvements. Staff
Recommendation: Approve the acceptance of the
easement and authorize the City Clerk to prepare, sign
and record an acceptance certificate for the Grant
Deed of Easement and to record the Grant Deed of
Easement and the attachments thereto in the office of
the Ventura County Recorder. (Staff: Brad Miller)
Regular City Council Meeting Agenda
September 15, 2004
Page 6
11. ORDINANCES:
A. Consider Ordinance No. 304, An Ordinance of the City
of Moorpark, California, Amending Chapter 17.12
(Establishment of Zones, Boundaries, and Maps),
Chapter 17.20 (Uses by Zone), and Chapter 17.44
(Entitlement - Process and Procedures) of the Moorpark
Municipal Code Related to Entitlement Review
Requirements for Certain Uses. Staff Recommendation:
Declare Ordinance No. 304 read for the second time and
adopted as read.
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)
The Committee to Preserve Historic High Street, an
unincorporated association, and Cynthia Hollister vs.
City of Moorpark and Moorpark City Council (Case No.
SC037584)
D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Pursuant to Subdivision (a) of Section 54956.9 of the
Government Code)
William L. Whitaker, III and James Dale Whitaker vs.
City Council of the City of Moorpark, et al (Case No.
SC03803)
E. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Subdivision (b) of Section 54957 of the
Government Code)
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
Regular City Council Meeting Agenda
September 15, 2004
Page 7
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 Department 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
September 15, 2004
Page 8
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 Wednesday, September 15, 2004 at 7:00 p.m. in the
Council Chambers of the Moorpark Community Center, 799 Moorpark
.Avenue, Moorpark, California, was posted on September 10, 2004,
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 10, 2004.
Maureen Benson, Deputy City Clerk