HomeMy WebLinkAboutAGENDA 1997 0402 CC REG 11.04
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�t . 1,� 0k Ordinance No. 227
� Resolution No. 97-12.98
09`t CITY COUNCIL
0 / 1 REGULAR MEETING AGENDA
arEo Jy WEDNESDAY, APRIL 2, 1997
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:
AT THIS POINT IN THE MEETING THE COUNCIL WILL RECESS TO CONVENE THE
REDEVELOPMENT AGENCY.
5. REORDERING OF, . AND ADDITIONS TO, THE AGENDA:
6. PUBLIC COMMENT:
7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Any member of the public may address the Council during the Public
Comments portion of the Agenda, unless it is a Public Hearing or
Presentations/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 Agendafor 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 Presentations/Action /Discussion items prior to the beginning
of the first item of the Presentations/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 Presentations/
Action/Discussion item speaker. 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/529-6864 .
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City Council Agenda
April 2, 1997
Page 2
8. PUBLIC HEARINGS:
A. Consider 1997/1998 Community Development Block Grant
("CDBG") Public Hearing for the Appropriation of Funds,
(estimated to . be $199, 098) : Staff Recommendation:
Consider and approve appropriation of funds as recommended
by the Budget and Finance Committee. (Continued item)
(PUBLIC HEARING IS CLOSED) (ROLL CALL VOTE)
B. Consider a Request from A. Deewayne Jones, for General Plan
Amendment 96-2 from M (Medium Density Residential) to C-2
(General Commercial) on a Four Acre Parcel Located
Contiguous with the Southwest Quadrant of Mission Bell -
Phase 2, Assessor' s Parcel No. 511-140-13 . Staff
Recommendation: Approve contingent upon pending receipt of
Offer of Dedication of Development Rights in form approved
by City Attorney. (Continued item) (PUBLIC HEARING IS
CLOSED)
C. Consider Adoption of an Ordinance Extending Ordinance No.
224, An Interim Zoning Ordinance of the City Council of the
City of Moorpark, California, Adopted as an Urgency
Measure, Imposing a Moratorium on the Acceptance of
Application for New Land Uses for. Properties of the South
Side of Los Angeles Avenue and East Side of Spring Road
East of and Adjacent to the Proposed Downtown Specific
Plan. Staff Recommendation: 1) Adopt an ordinance•
extending interim Ordinance No. 224 for four of the six
properties, but not include the two parcels eastern most on
Los Angeles Avenue (requires a four-fifths vote for
adoption) ; 2) Direct staff to include within the boundaries
of the Draft Downtown Specific Plan the sites affected by
this ordinance.
D. Consider Formation of the Community Facilities District
(CFD) for the Purpose of Constructing Various Public
Improvements with an Estimated Cost of $11 Million to be
Funded by a "Mello Roos" Bond Issuance Associated with
Development of the "Carlsberg Project" Commercial and
Industrial Area as Part of Specific Plan No. 1 . Staff
Recommendation: Open public hearing, receive testimony,
close public hearing and continue this item to April 16,
1997 .
City Council Agenda
April 2, 1997
Page 3
9. PRESENTATIONS/ACTION/DISCUSSION:
* A. Consider An Appointment to the Citizens Transportation
Advisory Committee/Social Service Transportation Advisory
Council (CTAC/SSTAC) .
B. Consider Commercial Planned Development Permit 90-2 Minor
Modification No. 4 for Approval of a Sign Program for
Mountain Meadows Plaza (American Stores Properties) ,
Located at the Southwest Corner of Tierra Rejada Road and
Mountain Trail Street. Staff Recommendation: Direct staff
as deemed appropriate.
C. Consider Report on Drafting an Ordinance to Prohibit
Skateboarding on School and Related Properties. Staff
Recommendation: It is the Police Department' s
recommendation to the Council that there exists
insufficient documented complaints to warrant the creation
'of a City Ordinance to specifically regulate this activity.
It is the Police Department' s desire to continue to handle
these calls on a case by case basis and seek the voluntary
cooperation of the disturbing party. Arrest (cite and
release in the field) under authority of Penal Code Section
602 will be used for individuals not complying with the
Deputy' s lawful request to leave the location.
D. Consider Retaining Walls, in Buttercreek Estates II . Staff
Recommendation: Direct staff as deemed appropriate.
E. Consider Request from Cabrillo Economic Development ,
Corporation (CEDC) for 1) City Funding of a Portion of the
Campesina Park Construction Costs; and, 2) City Acceptance
of Said Park for Ownership and Maintenance Upon Completion
of Construction. Staff Recommendation: That the City
Council deny the request and request that the CEDC proceed
with the construction of the park improvements in a manner
consistent with the program outlined in Section H of the
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staff report.
* Items deemed by the City Manager to be high priority.
City Council Agenda
April 2, 1997
Page 4
9. PRESENTATIONS/ACTION/DISCUSSION: (Continued)
F. Consider Draft Comments on Mitigated Negative Declaration
and Initial Study for M-Maintenance Construction Clean-up,
Inc. , County of Ventura Conditional Use Permit (CUP) 'No.
4970. Staff Recommendation: Direct staff to prepare a
letter to the County, which expresses City opposition to
the M-Maintenance Construction Clean-up Project and
addresses City Council and staff comments on the Mitigated
Negative Declaration and Initial Study.
G. Consider Adoption of a Public Nuisance Ordinance Relative
to Unsanitary Urination and Defecation. Staff
Recommendation: That the City Council adopt Ordinance No.
for first reading, prohibiting public urination and
defecation.
H. Consider Authorization to Recover Police Costs for the
Towing of Vehicles Pursuant to Vehicle Code Section
14602 . 6. Staff Recommendation: That the City Council 1)
Adopt the ordinance that would permit the Moorpark Police
Department to recover the costs incurred in enforcing
certain California Vehicle Code violations; 2) Establish
the administrative fee at $75 . 00 based upon an average of
the actual costs for staff time incurred when towing a
vehicle per resolution contained in the staff report.
I . Consider Allowable Uses in Zoning Ordinance. Staff
Recommendation: Direct staff as deemed appropriate.
J. Consider Moratorium on Certain Properties Within the
Downtown Specific Plan Area. Staff Recommendation: Direct
staff as deemed appropriate.
K. Consider Agenda Items for April 9 Joint Meeting with
MoorparkStaff Recommendation:
Direct staff as deemed appropriate.
L. ConsiderR:::fliuetdiOn Board.Approving the Engineer' s
Report for Assessment District AD84-2 (Lighting and
Landscape Maintenance) for FY 1997/98 and the Scheduling of
a Public Meeting and a Public Hearing to Consider Changes
to and the Ordering of the Annual Assessments for Said
Assessment District. Staff Recommendation: That the City
Council adopt Resolution No. 97-1296 a) approving the
Engineer' s Report for Assessment District AD84-2; b)
declaring intention to make certain changes to and ordering
City Council Agenda
April 2, 1997
Page 5
9. PRESENTATIONS/ACTION/DISCUSSION: (Continued)
the annual assessments for said assessment district for FY
1997/98; and, c) setting the dates and times of a public
meeting and a public hearing to consider said assessments.
M. Consider Resolution No. 97-1297 Approving the Engineer' s
Report for Assessment District AD85-1 (Parks Maintenance)
for FY 1997/98 and the Scheduling of a Public Meeting and
a Public Hearing to Consider Certain Changes to and the
Ordering of the Annual Assessments for Said District.
Staff Recommendation.: That the City Council adopt
Resolution No. 97-1297 a) approving the Engineer' s Report
for Assessment District AD85-1; b) declaring intention to
make certain changes to and ordering the annual assessments
for said assessment district for FY 1997/98; and, c)
• setting the dates and times of a public meeting and a
public hearing to consider said assessments.
N. , Consider Resolution No. 97- Relative to a Budget
Amendment to Appropriate Funds for a Residential Appraisal
to Determine Conflict of Interest Relative to the Political
Reform Act Regarding Specific Plan No. 2 . Staff
Recommendation: Adopt Resolution No.. 97 appropriating
$1, 250 from General Fund Reserves to 100 .100. 0000 . 000. 9116
for a residential appraisal and refer drafting of a
conflicts of interest appraisal policy to a City Council Ad
Hoc Committee. (ROLL CALL VOTE REQUIRED)
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0. Consider Financial and Legal Issues Pertaining to the
Moorpark Mosquito Abatement District. Staff
Recommendation: Direct staff as deemed appropriate.
10. CONSENT CALENDAR:
A. - Consider Approval Of Minutes of the Special City Council
Meeting of February 19, 1997 .
Consider Approval of Minutes of the Special City Council
Meeting of March 5, 1997 .
Staff Recommendation: Approve the minutes as processed.
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B. Consider Approval of Warrant Register.
Manual Warrants 32997, 33134-33143 $ 24, 429. 03
Voided Warrants 32952 & 33138 $ (3, 763 . 53)
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• City Council Agenda •
April 2, 1997
Page 6
10. CONSENT CALENDAR: (Continued)
Regular Warrants 33144-33216,
33217-33242 $150, 419. 48
Staff Recommendation: Approve the Warrant Register.
C. Consider Resolution No. 97- Approving an Amendment to
the FY 1996/97 Budget to Fund Actual Anticipated Design
Costs for the Reconstruction of the Spring Road Bridge and
to Appropriate Funds to Account NO. 211. 900 . 8017 . 9903
(Spring Road/Tierra Rejada Road Area of Contribution) .
Staff Recommendation: Adopt Resolution No. 97- approving
a budget amendment to revise the appropriation and budget
amount for current year anticipated design costs for the
reconstruction of the Spring Road Bridge, by increasing
said amount from $50, 000 to $80, 000 ($30, 000 increase) and
changing the funding source to the Spring Road/Tierra
Rejada Road Area of Contribution Fund (Account No.
. 211 . 900. 8017 . 000. 9903) .
D. Consider Resolution No. 97- Approving Budget Amendments
for Certain Public Works Programs and for the Acquisition
of Certain Equipment to be Funded by the Gas Tax Fund.
Staff Recommendation: Adopt Resolution No. 97- approving
an . appropriation from the Gas Tax Fund in the amount of
$9, 000, and a like amendment to the FY 1996/97 budget, for
certain Public Works programs and equipment, as defined and
described in the staff report.
E. Consider Resolution No. 97- Establishing Certain Parking
Restrictions on Park Lane. Staff Recommendation: Adopt
Resolution No. 97- establishing certain parking
restrictions on Park Lane south of Los Angeles Avenue.
F. Consider the Status of the Chamber of Commerce Circus Event
to be Held May 27 and May 28, 1997 . Staff Recommendation:
Receive and file the report.
G. Consider Notice of Completion for 1995 Overlay Project.
Staff Recommendation: 1) Accept the work as complete; 2)
Instruct the City Clerk to file a Notice of Completion for
the project; and, 3) Authorize the release of the retention
upon satisfactory clearance of the thirty five (35) day
lien period.
City Council Agenda
April 2, 1997
Page 7
11. ORDINANCES:
A. Consider Second Reading of Ordinance 226 - An Ordinance of
the City Council of the City of Moorpark, California,
Approving Zone Change No. 96-1, Changing the Zoning on a
Four Acre Parcel Located Contiguous with the Southwest
Quadrant of Mission Bell-Phase 2 (Assessor' s Parcel No.
511-140-13) from R-1-8 (Single Family Residential 8, 000
Square Foot Minimum) to CPD (Commercial Planned
Development) on the Application of A. Deewayne Jones,
D.D.S. Staff Recommendation: Approve second reading of
Ordinance No. 226, pending receipt of Offer of Dedication
of Development rights in form approved by City Attorney.
12. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Subdivision
(b) to Section 54956. 9 of. the Government Code : (Number of
cases to be discussed - 2)
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 - 2)
C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Subdivision (a) of Section 54956. 9 of the Government Code:
Ali Z. Boukhari v. The City of Moorpark, Eloise Brown,
Patrick Hunter, Bernardo M. Perez, Paul W. Lawrason Jr. ,
and John E. Wozniak.
D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Moorpark LeClub, et al vs. The City of Moorpark
13. ADJOURNMENT:
In compliance with the Americans with Disabilities Act, if you need
special 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)
AFFIDAVIT OF POSTING
I, Dorothy J. Vandaveer, do hereby declare that I am a duly
appointed Deputy City Clerk of the City of Moorpark, California and
that an agenda of the Regular Meeting of the Moorpark City Council
to be held April 2, 1997, at 7 : 00 p.m. in the Council Chambers of
the Moorpark Community Center, 799 Moorpark Avenue, Moorpark,
California, was posted on March 28, 1997 at a conspicuous location
near the place of the meeting:
Moorpark Community Center
799 Moorpark Avenue
Moorpark, California •
//), • d
Dorothy . fandaveer, CMC
Deputy city Clerk
Dated: June 20, 1997