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Resolution No. 2007-2660
Ordinance No. 367
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, DECEMBER 5, 2007
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. Nomination and Selection of Mayor Pro Tempore.
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(Pursuant to Council Rules of Procedure, Section 2.9, Items to be withdrawn from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.)
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.mooroark.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 5, 2007
Page 2
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND
MAYOR:
8. PUBLIC HEARINGS:
A. Consider Resolution Adopting Updated Fire Protection Facility Fee
Schedule for New Development Projects and Rescinding Resolution No.
92-894. Staff Recommendation: 1) Open the public hearing, accept public
testimony, and close the public hearing; and 2) Adopt Resolution No.
2007- , rescinding Resolution No. 92-894. ROLL CALL VOTE
REQUIRED (Staff: John Brand)
B. Consider Resolution Approving the Sale of Property Owned by the
Redevelopment Agency of the City of Moorpark, Located at 192 High
Street, to Aszkenazy Development, Inc. Staff Recommendation: 1) Open
the public hearing, accept public testimony, and close the public hearing;
and 2) Adopt Resolution No. approving sale of property, subject to
Disposition and Development Agreement approval by Agency. (Staff:
David Moe)
C. Consider Ordinance No. 365 Amending Specific Chapters of Title 15 of
the Municipal Code by Amending Chapters 15.04, 15.08, 15.12, 15.14,
15.16, 15.18, and 15.20; Adopting by Reference and Amending the
Current Editions of Certain Model Codes. Staff Recommendation: 1)
Open the public hearing, accept public testimony, and close the public
hearing; 2) Waive full reading and declare Ordinance No. 365 read for the
second time and adopted as read; and 3) Direct staff to send the changes
to the Code to State Building Standards Commission. ROLL CALL VOTE
REQUIRED (Staff: Barry Hogan)
9. PRESENTATION/ACTION/DISCUSSION:
A. Consider Ordinance Amending Section 17.44.050.C, Pre-screening, of
Chapter 17.44.050 of Title 17, Zoning, and a Resolution Rescinding
Resolution No. 99-1578, and Adopting New Procedures for Pre-screening
of General Plan Amendments, Specific Plan Amendments, Zoning Map
Amendments, and Zoning Ordinance Amendments, and Suspending the
Processing of Pre-Screening Applications for the Next Two Cycles. Staff
Recommendation: 1) Introduce Ordinance No. for first reading, waive
full reading, and schedule second reading and adoption for January 16,
2008; 2) Adopt Resolution No. 2007- , rescinding Resolution No. 99-
1578; and 3) Direct staff to suspend processing the two filed pre-
applications until completion of General Plan Update. (Staff: Barry
Hogan)
Regular City Council Meeting Agenda
December 5, 2007
Page 3
9. PRESENTATION/ACTION/DISCUSSION: (continued)
B. Consider Ordinance Amending Section 9.32.060.13 of Chapter 9.32, Social
Host, of Title 9, Public Peace, Morals and Welfare, of the Moorpark
Municipal Code, and Resolution Establishing Fine for Violations of Social
Host Ordinance. Staff Recommendation: Introduce Ordinance No.
for first reading, waive full reading, and schedule second reading and
adoption for January 16, 2008; and schedule resolution for adoption on
February 6, 2008. (Staff: Captain Matson)
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. (Staff: Deborah Traffenstedt)
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Approval of the East County Cities Joint City Council Meeting
Minutes of October 10, 2007. Staff Recommendation: Approve the
minutes.
B. Consider Approval of the Regular Meeting Minutes of October 17, 2007.
Staff Recommendation: Approve the minutes.
C. Consider Approval of the Special Meeting Minutes of November 7, 2007.
Staff Recommendation: Approve the minutes.
D. Consider Approval of the Regular Meeting Minutes of November 7, 2007.
Staff Recommendation: Approve the minutes.
E. Consider Approval of Warrant Register for Fiscal Year 2007-2008 —
December 5, 2007. Staff Recommendation: Approve the warrant register.
F. Consider Cancellation of December 19, 2007, Regular Meeting. Staff
Recommendation: Direct staff to post a notice of meeting cancellation for
December 19, 2007. (Staff: Deborah Traffenstedt)
G. Consider the Report Titled "Accounting of Fund Information as Required
by Section 66006 of the California Government Code for Fiscal Year
2006/2007". Staff Recommendation: Receive and file report. (Staff:
Johnny Ea)
H. Consider Approval of the Veterans Memorial Conceptual Design. Staff
Recommendation: Approve the conceptual design for the Veterans
Memorial as presented in the agenda report. (Staff: Mary Lindley)
Regular City Council Meeting Agenda
December 5, 2007
Page 4
10. CONSENT CALENDAR: (continued)
I. Consider Use Agreement with Moorpark Boys and Girls Club-Moorpark
Basketball Association (MBA). Staff Recommendation: Approve a five-
year Use Agreement with Moorpark Boys and Girls Club for Moorpark
Basketball Association activities, subject to final language approval of the
City Manager and City Attorney, and authorize the City Manager to
execute the agreements on behalf of the City. (Staff: Michael Atkin)
J. Consider Resolutions to Initiate Proceedings Related to the Citywide
Landscaping and Lighting Assessment District and the Parks and.
Recreation Maintenance Improvement District for Fiscal Year 2008/2009.
Staff Recommendation: Adopt Resolutions Nos. 2007- and 2007- ,
and authorize the City Manager to execute an agreement with SCI. (Staff:
Mary Lindley)
K. Consider Contract Extensions for Sunridge Landscape Services and
Venco Western for Landscape Maintenance Services. Staff
Recommendation: Approve four-month contract extension through April
25, 2008, for Sunridge Landscape Services, Inc. and Venco Western, Inc.
for landscape maintenance services; and authorize the City Manager to
execute the amendments on behalf of the City. (Staff: Mary Lindley)
L. Consider Report of Annual Review of Development Agreement
Established in Connection with a 35-Acre, Detached, Single-family
Residential Unit Project Located on the South Side of Los Angeles
Avenue, West of Leta Yancy Road (Formerly Liberty Bell Road) (Tract
5053, Pacific Communities). Staff Recommendation: 1) Accept the
Community Development Director's report and recommendation that, on
the basis of substantial evidence, Pacific Communities has complied in
good faith with the terms and conditions of the agreement; and 2) Deem
the annual review process complete. (Staff: David Bobardt)
M. Consider Resolution Amending the Salary Plan for Competitive Service,
Non-Competitive Service, and Hourly Employees and Rescinding
Resolution No. 2007-2610. Staff Recommendation: Adopt Resolution No.
2007- . (Staff: Deborah Traffenstedt)
N. Consider Deed of Easement of Dedication to the City of Moorpark for
Public Sidewalk in Relation to the Village at Moorpark Project, Upon Lot 2
of Tract 4973, CPD 2004-01. Staff Recommendation: Approve
acceptance of the easement and authorize the City Clerk to sign and
record an acceptance certificate for the Deed of Sidewalk Easement and
the exhibits thereto in the office of the Ventura County Recorder. (Staff:
Yugal Lail)
Regular City Council Meeting Agenda
December 5, 2007
Page 5
10. CONSENT CALENDAR: (continued)
O. Consider Reduction of Surety Bonds for Colmer Development CompaDL
Moondance, L.P, Tract 5307. Staff Recommendation: 1) Authorize the
City Clerk to reduce Surety Bonds Nos. 835509S — Grading, 835509S —
Performance and Payment, and 835509S — Monuments to 10%; and 2)
Authorize the City Clerk to fully exonerate these bonds one year after the
approval of the reduction and upon written confirmation from the City
Engineer that no warranty work is required. (Staff: Yugal Lail)
P. Consider Addendum to Agreement for County to Perform Police Oversight
Services and Functions for Volunteers for the City of Moorpark
(Addendum). Staff Recommendation: Approve Addendum subject to final
language approval of the City Attorney and City Manager and authorize
Mayor to sign it on behalf of the City. (Staff: Steven Kueny)
Q. Consider Results of Voter Opinion Poll Conducted Between September 14
and September 23, 2007. Staff Recommendation: 1) Receive and file
report; and 2) Refer Revenue Enhancement Options issue to Finance,
Administration and Public Safety Committee. (Staff: Hugh Riley)
R. Consider Setting a Public Hearing Date to Consider Adopting a Revised
Fee Schedule for Services Rendered Pursuant to the Moorpark Municipal
Code Relating to Public Works and City Engineering and Rescinding
Resolution No. 1992-865. Staff Recommendation: Set a City Council
Public Hearing for January 16, 2008, to consider a resolution adopting a
revised fee schedule for services rendered pursuant to the Moorpark
Municipal Code relating to Public Works and Engineering and rescinding
Resolution No. 1992-865. (Staff: Barry Hogan)
S. Consider Setting a Public Hearing Date to Consider Adopting a Revised
Fee Schedule for Services Rendered Pursuant to the Moorpark Municipal
Code Relating to Building and Safety and Rescinding Resolution No.
1992-832. Set a City Council Public Hearing for January 16, 2008, to
consider a resolution adopting a revised fee schedule for services
rendered pursuant to the Moorpark Municipal Code relating to Building
and Safety and rescinding Resolution No. 1992-832. (Staff: Barry
Hogan)
T. Consider Resolution Ratifying the Implementation of Appendix J of the
Ventura County Fire Protection District Ordinance No. 26 within the
Jurisdictional Boundaries of the City of Moorpark and Rescinding
Resolutions Nos. 2007-2564 2002-2010 99-1615 and 96-1186 . Staff
Recommendation: Adopt Resolution No. 2007- , rescinding
Resolutions Nos. 2007-2564, 2002-2010, 99-1615, and 96-1186. (Staff:
Barry Hogan)
Regular City Council Meeting Agenda
December 5, 2007
Page 6
10. CONSENT CALENDAR: (continued)
U. Consider Policy Restricting Utility Street Cuts for Public Streets with New
Rubberized and Conventional Asphalt Overlay. Staff Recommendation:
Approve a policy restricting utility cuts, except for bona fide emergencies
as described in the agenda report, and incorporate into the next update of
the City Council Policies Resolution. (Staff: Yugal Lail)
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
A. Consider Ordinance No. 364 Amending Section 3.36.01.0, Definitions, of
Article 1 , Fire Protection Facility Fee, of Chapter 3.36 of Title 3 of the
Moorpark Municipal Code, by Revising the Definition of a "Standard Fire
Station" within the City of Moorpark. Staff Recommendation: Staff
Recommendation: Waive full reading and declare Ordinance No. 364
read for the second time and adopted as read. ROLL CALL VOTE
REQUIRED
B. Consider Second Reading of Ordinance No. 366 Amending Title 5,
Business Taxes, Licenses and Regulations of the Moorpark Municipal
Code, by Deleting Chapter 5.04 Business License: Amending Chapter
5.08, Business Registration; Deleting Chapter 5.12, Ambulances; Deleting
Chapter 5.20, Billiard Rooms; Amending Chapter 5.24, Bingo Games;
Deleting Chapter 5.28, Cardrooms; Amending Chapter 5.32,
Pawnbrokers, Junk Dealers and Secondhand Dealers; Deleting Chapter
5.36, Dancehalls; Deleting Chapter 5.40, Teen Dances; Amending
Chapter 5.44, Hotels and Motels; Amending Chapter 5.48, Massage
Establishments and Technicians: Amending Chapter 5.60, Newsracks;
Amending Chapter 5.64, Peddlers, Itinerant Merchants and Solicitors;
Deleting Chapter 5.68, Private Patrols; Deleting Chapter 5.76, Taxicabs;
Deleting Chapter 5.80, Temporary Shows; and Deleting Chapter 5.84,
Kennels. Staff Recommendation: Staff Recommendation: Approve the
minor changes to Section 5.64.090, waive full reading and declare
Ordinance No. 366 read for the second time and adopted as read. ROLL
CALL VOTE REQUIRED
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)
Regular City Council Meeting Agenda
December 5, 2007
Page 7
12. CLOSED SESSION: (continued)
C. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION
(Pursuant to Subdivision (a) of Section 54956.9 of the Government Code)
City of Moorpark vs. Ventura County Community College District (Case
No. 56-2007-00305624-CU-PT-SI M)
D. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Section 54957.6 of the Government Code)
Agency Designated Representative: Steven Kueny
Employee Organization: Service Employees International Union, AFL-CIO,
CLC, Local 998
E. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Section 54957.6 of the Government Code)
Agency Designated Representative: Steven Kueny
Unrepresented employees: Accountant I; Active Adult Center Supervisor;
Administrative Services Director/City Clerk; Assistant City Engineer;
Assistant City Manager; Assistant Engineer; City Engineer/Public Works
Director; Community Development Director; Deputy City Manager;
Finance and Accounting Manager; Finance Director; Information Systems
Analyst; Information Systems Manager; Landscape/Parks Maintenance
Superintendent; Management Analyst; Parks and Landscape Manager;
Parks, Recreation and Community Services Director; Planning Director;
Principal Planner; Public Works Superintendent; Recreation/Community
Services Manager; Redevelopment Manager; and Senior Management
Analyst
F. 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 5, 2007
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 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 5, 2007, at 7:00
p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark
Avenue, Moorpark, California, was posted on November 30, 2007, 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 30, 2007.
7
Maureen Benson, Assistant City Clerk