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Resolution No. 2008-2774
Ordinance No. 373
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, DECEMBER 3, 2008
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. Consider City Council Resolution Reciting the Fact of the General
Municipal Election Held on November 4 2008 and Declaring the Election
Results and Such Other Matters as Required by Law. Staff
Recommendation: Adopt Resolution No. 2008- (as revised to
incorporate the certified election results). (Staff: Deborah Traffenstedt)
B. Comments from Mayor Hunter.
C. Presentation to Mayor Hunter.
All writings and documents provided to the majority of the City Council regarding all open-session agenda items are
available for public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business
hours. The agenda packet for all regular City Council meetings is also available on the City's website at
www.ci.moorpark.ca.us.
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; for a Presentation/Action/Discussion item, prior to the
Mayor's call for speaker cards for each Presentation/Action/Discussion agenda item;and for a Public Hearing item,prior to
the opening of each Public Hearing,or beginning of public testimony for a continued 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. Any questions concerning any
agenda item may be directed to the City Clerk's office at 517-6223.
Regular City Council Meeting Agenda
December 3, 2008
Page 2
4. PROCLAMATIONS AND COMMENDATIONS: (continued)
D. City Clerk Administers the Oath of Office to Councilmember Mikos.
E. City Clerk Administers the Oath of Office to Councilmember Millhouse.
F. City Clerk Administers the Oath of Office to Mayor-elect Janice Parvin.
G. Comments from Newly Seated Councilmembers and Mayor.
H. Nomination and Selection of Mayor Pro Tempore.
(AT THIS POINT IN THE MEETING, THE COUNCIL WILL RECESS FOR A
RECEPTION.)
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 2.9, Items to be
withdrawn from the Consent Calendar shall be identified at this time.)
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND
MAYOR:
8. PUBLIC HEARINGS:
A. Consider Resolution Revising Approval of Sale of Property Owned by the
Redevelopment Agency of the City of Moorpark, Located at 192 High
Street to Aszkenazy Development, Inc. (continued open public hearing
from November 19, 2008) Staff Recommendation: 1) Continue to accept
public testimony, and close the public hearing; and 2) Adopt Resolution
No. 2008- , approving the sale of Property between the Agency and
Developer, subject to Disposition and Development Agreement approval
by the Agency. (Staff: David Moe)
Regular City Council Meeting Agenda
December 3, 2008
Page 3
9. PRESENTATION/ACTION/DISCUSSION:
A. Consider Interim City Councilmember Candidate Interview Process. Staff
Recommendation: Direct staff as deemed appropriate for Interim City
Councilmember Candidate interviews scheduled for a December 10,
2008, special meeting. (Staff: Deborah Traffenstedt)
B. Consider Date of Special Election to Fill a Vacancy on the City Council,
and a Resolution Calling and Giving Notice of the Holding of a Special
Municipal Election for the Election of a Certain Officer of the City and a
Resolution Requesting the Board of Supervisors of the County of Ventura
to Permit the County Clerk to Render Services to the City of Moorpark for
the Special Municipal Election and to Canvass the Returns. Staff
Recommendation: 1) Select date of June 2, 2009, for Special Municipal
Election; and 2) Adopt Resolution No. 2008- and Resolution No.
2008- . (Staff: Deborah Traffenstedt)
C. Consider City Council Standing and Ad Hoc Committee Appointments and
Other City Council and Moorpark Redevelopment Agency Committee
Assignments. Staff Recommendation: Determine City Council and
Moorpark Redevelopment Agency committee appointments and
assignments, and if the New Civic Center/City Hall and Library Ad Hoc
Committees should be continued. (Staff: Deborah Traffenstedt)
D. Consider Schedule for Moorpark Arts Commission Candidate Interviews.
Staff Recommendation: Direct staff to extend the recruitment for
Moorpark Arts Commission to December 19, 2008, and provide direction
on scheduling interviews. (Staff: Deborah Traffenstedt)
E. Consider Resolution Revising Fees Required by Chapter 5.64 of the
Municipal Code and Establishing Fee Schedule for Special Business
Registration Permit Fees for Bingo Games Street Vendors, Adult
Businesses Massage Therapy Pawnshops and Secondhand Businesses
and Rescinding Resolution No. 93.948. Staff Recommendation: 1) Adopt
Resolution No. 2008- , establishing the fees for related special
permits and rescinding Resolution No. 93.948, effective January 2, 2009;
2) Direct staff to review these fees annually and recommend adjustments
to cover City costs: and 3) Direct staff to provide an exemption from daily
police reporting and corresponding fees to Luther's Attic Thrift Shop and
One More Time Thrift Shop and review future exemptions as
recommended in the agenda report. ROLL CALL VOTE REQUIRED
(Staff: Barry Hogan)
Regular City Council Meeting Agenda
December 3, 2008
Page 4
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Minutes of Special Meeting of November 5, 2008. Staff
Recommendation: Approve the minutes.
B. Consider Minutes of Regular Meeting of November 5, 2008. Staff
Recommendation: Approve the minutes.
C. Consider Minutes of Special Meeting of November 19, 2008. Staff
Recommendation: Approve the minutes.
D. Consider Warrant Register for Fiscal Year 2008-2009_— December 3,
2008. Staff Recommendation: Approve the warrant register.
E. Consider Exoneration of Cash Deposit for BCP-5898 Condor LLC at 5898
Condor Drive. Staff Recommendation: Authorize the City Clerk to fully
exonerate Cash Deposit No. 5906731 for BCP-5898 Condor LLC and
refund $215,573.00 to BCP-5898 Condor LLC. (Staff: Yugal Lail)
F. Consider Report Titled "Accounting of Fund Information as Required by
Section 66006 of the California Government Code for Fiscal Year
2007/08. Staff Recommendation: Receive and file report. (Staff: Hugh
Riley)
G. Consider Reiection of Claim from: Pedro Castillo. Staff
Recommendation: Reject the claim and direct staff to send a standard
rejection letter to the claimant. (Staff: Deborah Traffenstedt)
H. Consider Second Amendment to Implementation Agreement for
Countrywide Stormwater Program. Staff Recommendation: Authorize the
Mayor to sign the Amendment, subject to final language approval by the
City Manager and City Attorney. (Staff: Yugal Lail)
I. Consider Resolution Amending the Fiscal Year 2008/09 Budget to Fund
Asphalt Repair Work in the City Hall Parking Lot. Staff Recommendation.
Adopt Resolution No. 2008- ROLL CALL VOTE REQUIRED
(Staff: Yugal Lail)
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
None.
Regular City Council Meeting Agenda
December 3, 2008
Page 5
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. 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; Deputy City Manager; Finance Director; Parks, Recreation and
Community Services Director; and Planning 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).
Regular City Council Meeting Agenda
December 3, 2008
Page 6
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
I, Maureen Benson, declare as follows:
That I am the Assistant City Clerk of the City of Moorpark and that an agenda of the
Regular Meeting of the Moorpark City Council to be held on December 3, 2008, at 7:00
p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark
Avenue, Moorpark, California, was posted on November 26, 2008, 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 November 26, 2008.
Maureen Benson, Assistant City Clerk