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Ordinance No. 221
1-011P . 4111 , Resolution No. 96-1253
CITY COUNCIL
J-J0-4 REGULAR MEETING AGENDA
WEDNESDAY, DECEMBER 4 , 1996
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. Presentation by Dan Burchfield of "No Way Out", a Storm
Channel Safety Video.
B. Consider Approval of Resolution No. 96-1253 Reciting the
Fact of the General Municipal Election Held on November 5,
1996. Staff Recommendation: Approve the proposed Resolution
No . 96-1253 .
C. Special Presentation to Councilmember Brown.
D. Comments from Councilmember Brown.
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 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
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
Eor public review. Any questions concerning any agenda item may be
directed to the City Clerk/529-6864 .
City Council Meeting Agenda
December 4, 1996
Page 2
4 . PROCLAMATIONS AND COMMENDATIONS: (Continued)
E. Special Presentation to Mayor Lawrason.
F. Comments from Mayor Lawrason.
G. City Clerk administer the Oath of Office to newly elected
Councilmember, Chris Evans.
H. City Clerk administer the Oath of Office to newly elected
Councilmember, Debbie Rodgers Teasley.
I . City Clerk administer the Oath of Office to newly elected
Mayor, Patrick Hunter.
J. Comments from Mayor and Councilmembers .
K. Consider Nomination and Selection of Mayor Pro Tempore.
The Council will recess at this point for a brief reception.
Al 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 . CONSENT CALENDAR:
A. Consider Approval of Minutes of the Special Meeting of the
City Council of November 15, 1996.
Consider Approval of Minutes of the Regular Meeting of the
City Council of November 20, 1996.
Consider Approval of Minutes of the Special Meeting of the
City Council of November 20, 1996.
Staff Recommendation: Approve the minutes as processed.
City Council Meeting Agenda
December 4, 1996
Page 3
7 . CONSENT CALENDAR: (Continued)
B. Consider Approval of the Warrant Register.
Manual Warrants 32252-32262 $ 24, 823 . 80
Voided Warrants 31323 & 31983 $ (6, 764 . 00)
Regular Warrants 32263 - 32345 $131, 931 . 64
Staff Recommendation: Approve the Warrant Register.
C. Consider 1) Granting/Accepting Property for Poindexter Park
and for a Street Along the Westerly Boundary of Said Park;
and 2) Gravel Road Maintenance for Poindexter Park. Staff
Recommendation: Approve the Certificates of Acceptance for
deeds to certain property known as Poindexter Park and the
future street to be constructed adjacent thereto, and direct
the City Clerk to record said documents .
D. Consider Resolution No. 96- Amending Resolution No. 93-
977 As It Pertains to Signs Giving Notice of City Truck
Routes . Staff Recommendation: Adopt Resolution No . 96-
deleting and replacing Exhibit "B" of Resolution No. 93-977
pertaining to truck route signs .
E. Consider Authorizing the City Manager to Engage a Financial
Advisor and Appraiser for the Proposed Formation of a
Community Facilities District (CFD) for the Development of
the Simi-Moorpark Freeway Properties/C.T. Financial Property
(SP 92-1) . Staff Recommendation: Authorize the City Manager
to engage a Financial Advisor and Appraiser for the formation
of a Community Facilities District and to sign a
reimbursement agreement with the developer, Simi-Moorpark
Freeway Properties/C.T. Financial, for all costs including
staff time.
F. Consider Request from the League of California Cities for
Amicus Support in Metropolitan Water District of Southern
California v. Francis N. Domenigoni - Issues Related to the
Valuation of Property Taken by Eminent Domain. Staff
Recommendation: Support amicus.
G. Consider City Council Meeting Schedule for January. Staff
Recommendation: Approve cancellation of the first regular
meeting in January.
City Council Meeting Agenda
December 4, 1996
Page 4
7 . CONSENT CALENDAR: (Continued)
H. Consider a Project for the Construction of Landscape and
Related Improvements Within the State Route 118 Freeway
Right-of-Way Between Collins Drive and Princeton Avenue.
Staff Recommendation: 1) Direct staff to develop and present
to the City Council a draft Memorandum of Understanding (MOU)
between the City and Caltrans relative to funding of the
design, construction and maintenance of certain landscape and
related improvements within State Route 118 freeway right-of-
way between Collins Drive and Princeton Avenue, consistent
with the guidelines set forth in the staff report .
8 . PUBLIC HEARINGS:
9. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
10. PRESENTATIONS/ACTION/DISCUSSION:
A. Consider Appointments to the Planning Commission and the
Parks and Recreation Commission.
B. Consider Council Committee Appointments .
C. Consider Appointment to the Teen Council . Staff
Recommendation: Appoint Teen Councilmember Yulik Rios to
begin immediately and term to expire on June 30, 1997 .
D. Consider Appointments to the Senior Center Advisory
Committee .
E. Consider Resolution No. 96- Appointing the City' s
Representative and Alternate to the Southern California Joint
Powers Insurance Authority Board of Directors . Staff
Recommendation: Approve Resolution No. 96- Appointing a
member of the City Council as the City' s representative and
the Deputy City Manager as alternate to the Authority' s Board
of Directors, effective upon passage through December 31,
1998 .
F. Consider Discussion of Honorarium for Moorpark Redevelopment — ' -
Agency Meetings and City Council Compensation and Benefits
Information. (Continued item)
City Council Meeting Agenda
December 4, 1996
Page 5
10 . PRESENTATIONS/ACTION/DISCUSSION: (Continued)
G. Consider Approval of a Special Meeting of the Transportation
and Streets Committee for the Purpose of Seeking Public Input
on the Final Draft Designs for Pavement and Drainage
Improvements Planned for Maureen Lane, Bonnie View Street and
the Alleys South of First Street. Staff Recommendation: 1)
Direct staff to schedule a Special Meeting of the
Transportation and Streets Committee to discuss the design
for the proposed pavement and drainage improvements planned
for Maureen Lane, Bonnie View Street and the alleys south of
First Street; 2) Set the date, time and place for said
meeting to be Saturday morning, November 30, 1996, at 10 : 00
a.m. , at the City Council Chambers, City Hall, 799 Moorpark
Avenue; 3) Direct staff to send a notice to the owner and/or
resident of each of the properties affected by the project,
as shown on Exhibit 1 of the staff report . (Continued item)
H. Consider Adoption of an Interim Zoning Ordinance Relative to
the Permitting of Alcoholic Beverages . Staff Recommendation:
Consider the ordinance. (Continued item) NEW STAFF
RECOMMENDATION: 1) Adopt an interim zoning ordinance as an
urgency measure, imposing a moratorium on the issuance of new
permits for alcoholic beverage sales in the City (requires a
four-fifths vote) ; 2) Adopt a resolution initiating an
amendment of Title 17, Zoning, of the Moorpark Municipal
Code, to include regulations pertaining to the permit and
processing requirements to allow alcoholic beverage sales; 3)
Direct staff to notice a public hearing, prepare a draft
ordinance for extension of the interim ordinance, and to
prepare a report describing the measures taken to alleviate
the condition which led to the adoption of the ordinance, to
be considered at a City Council public hearing on January 15,
1997.
I . Consider Report from Ad Hoc Citizen Appreciation Day Council
Committee. Staff Recommendation: Approve the recommendations
for the Citizens Recognition Day as outlined in the staff
report.
City Council Meeting Agenda
December 4, 1996
Page 6
10. PRESENTATIONS/ACTION/DISCUSSION: (Continued)
J. Consider Day Laborer Ad Hoc Committee' s Recommendations .
Staff Recommendation: Approve the recommendation to develop
and distribute a flyer that summarizes the City' s
Solicitation Ordinance and continue to encourage the property
owner to take steps available to him to manage the behavior
of the day laborers who gather on his property.
K. Consider a December 12 Meeting to Review the Countywide
Library Services Agency Report. Staff Recommendation: Select
a representative to serve on the Library Service Planning
Committee, provide any comments it may have about the
recommendations or findings contained in the Library Report,
and request that individual members indicate whether or not
they plan to attend the meeting on December 12 .
L. Consider Resolution No. 96- Approving Minor Modification
No. 1 to Residential Planned Development Permit No . 89-4 on
the Application of California Community Builders for a
Reduction in the Required Minimum Rear Yard Setback for Patio
Covers to be Reduced from 10 feet to 5 feet
(Villagio/Mirabella Residential Units) . Staff Recommendation:
1) Determine that this Minor Modification is categorically
exempt from the California Environmental Quality Act
requirements as a Class 1 exemption for minor alterations; 2)
Approve Resolution No. 96- approving a reduction in
requirements for lattice style unenclosed patio covers for
Major Modification No. 1 to-Residential Planned Development
Permit No. 89-4 .
M. Consider Discussion Regarding the Draft Revised County
Guidelines for Orderly Development. Staff Recommendation:
Direct staff as deemed appropriate.
N. Consider Discussion of a Possible Meeting with Other Public
Agencies Regarding Two Proposed Driving Ranges and the
Tierra Rejada Valley Greenbelt (County of Ventura Conditional
Use Permit Nos. 4915 and 4933) . Staff Recommendation: Direct
staff as deemed appropriate.
*Items deemed by the City Manager to be high priority
City Council Meeting Agenda
December 4, 1996
Page 7
10. PRESENTATIONS/ACTION/DISCUSSION: (Continued)
0. Consider Engineering Study Evaluating Alternative Methods to
Add a Left Turn Lane to the East Leg of the Intersection of
Peach Hill Road and Spring Road. Staff Recommendation: 1)
Approve a project to add the left turn lane using Design
Alternate #1; 2) Direct staff to proceed with the project
design; 3) Reconfirm the appointment of Councilmember Perez
to assist staff in working with the adjacent property owners
on the project design and the acquisition of required
additional street right-of-way.
P. Consider Terms of Office and Types of Appointments for
Various Appointees . Staff Recommendation: Direct staff
regarding the Santa Monica Mountains Conservancy appointment
and concur with the other actions outlined in the staff
report .
Q. Consider Request for City Participation in the Funding of the
Development of Campesina Park. Staff Recommendation: 1)
Direct staff to retain a qualified landscape architect to
prepare a project cost estimate based on the conceptual
design prepared by CEDC, the cost of said report not to
exceed $2, 000, upon receipt of an advance payment in said
amount from CEDC; 2) Direct staff to gather this and other
information and present same to the City Council for its
consideration.
R. Consider Discussion of the Transit Mixed Concrete Company
Project in the Unincorporated Area North of the City (County
of Ventura Conditional Use Permit No . 4633) . Staff
Recommendation: Direct staff as deemed appropriate.
11 . ORDINANCES:
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 - 7)
City Council Meeting Agenda
December 4, 1996
Page 8
12 . CLOSED SESSION: (Continued)
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 - 7)
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)'.:
Dillon vs . The City of Moorpark
E . 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)
CITY OF MOORPARK )
COUNTY OF VENTURA ) ss
STATE OF CALIFORNIA )
I, Dorothy J. Vandaveer, duly appointed Deputy City Clerk of
the City of Moorpark, County of Ventura, State of
California, do hereby certify under penalty of perjury, that
I posted on November 27, 1996 a copy of the agenda for the
Regular City Council meeting to be held on December 4, 1996
at the following location:
Moorpark Community Center
799 Moorpark Avenue
Moorpark, California 93021
Said agenda shall remain in place until after the meeting so
that it is available for public review for at least 72 hours
prior to the meeting, pursuant to Section 54954 et. seq. of
the California Government Code.
7 �., 7—Th /
16Z,--t,,c_c:.
orothy J. h veer
Deputy Cit Clerk
Dated: December 27, 1996