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HomeMy WebLinkAboutAGENDA 1996 0403 CC REGOrdinance No. 214 Resolution No. 96 -1191 CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, APRIL 3, 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: 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: AT THIS POINT IN THE MEETING, THE COUNCIL WILL RECESS AND THE REDEVELOPMENT AGENCY WILL BE CONVENED. 6. PUBLIC COMMENT: 7. CONSENT CALENDAR: A. Consider Approval of Minutes of Regular Meeting of the City Council of February 21, 1996. Consider Approval of Minutes of Special Meeting of the City Council of February 15, 1996. ----------------------------------------------------------------- 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 for public review. Any questions concerning any agenda item may be directed to the City Clerk /529 -6864. City Council Agenda April 3, 1996 Page 2 7. CONSENT CALENDAR: (Continued) Consider Approval of Minutes of Special Meeting of the City Council of March 13, 1996. Consider Approval of Minutes of Special Meeting of the City Council of March 6, 1996. Staff Recommendation: Approve the minutes as processed. B. Consider Approval of Warrant Register Manual Warrants Regular Warrants Voided Warrants 29928 - 29936, 30056 -30064 30065 -30189 29845 $ 8,134.69 $ 314,979.79 $ (115.00) Staff Recommendation: Approve the Warrant Register. C. Consider Authorization to Advertise for Receipt of Bids for the Construction of the 1995 Asphalt Overlay Project (Designated Portions of Tierra Rejada Road, Spring Road, Old Los Angeles Avenue, Flory Avenue, Goldman Avenue and Magnolia Street) . Staff Recommendation: Approve the plans and specifications for the subject project and authorize staff to advertise for receipt of bids for the construction of same. D. Consider Authorization to Advertise for Receipt of Bids for the Widening of Moorpark Avenue to Facilitate Southbound Right Turn Traffic at Poindexter Avenue. Staff Recommendation: Approve the plans and specifications for the subject project and authorize staff to advertise for receipt of bids for the construction of same. E. Consider Approval of a Certificate of Acceptance for an Access Easement from the Cabrillo Economic Development Corporation Required for the Construction and Use of the Arroyo Vista Community Park Pedestrian, Equestrian, Bicycle, Emergency Access Bridge Over the Arroyo Simi Staff Recommendation: Approve a Certificate of Acceptance for the subject Easement Deed and direct the City Clerk to record said deed and certificate. City Council Agenda April 3, 1996 Page 3 7. CONSENT CALENDAR: (Continued) F. Consider Approval of a Certificate of Acceptance for a Portion of Street Right -of -Way on the North Side of Los Angeles Avenue West of Condor Drive. Staff Recommendation: Approve a Certificate of Acceptance for the subject Street Easement Deed and direct the City Clerk to forward same to the County of Ventura for recordation along with said deed. G. Consider PD 1065 Minor Modification No. 3 (Carton), a Request to Extend the Hours of Operation of a Billiards Establishment. Staff Recommendation: Receive and file the report. H. Consider Small Business Participation at the Moorpark Hazardous Waste Collection Event Scheduled for May 18, 1996. Staff Recommendation: Approve the participation of ten Moorpark businesses qualifying as Conditionally Exempt Small Quantity Generators (CESQGs) to participate in the Moorpark hazardous waste collection event scheduled for May 18, 1996. I. Consider Approval of an Increase to the Amount of the Construction Contingency for the Contract for the Construction of a Temporary Traffic Signal at the Intersection of Tierra Rejada Road and Moorpark Road. Staff Recommendation: 1) Approve a revised project construction contract price of $30,195 and an additional ten percent (10`x) construction contingency of $3,020; 2) Approve an amendment to the amount of the appropriation and budget for this project as follows: Acc. # 026 -142- 903 -0413: from $42,000 to $50,000 ($8,000 increase) . J. Consider Confirming Appointment of the Tenant Commissioner to the Area Housing Authority of the County of Ventura. Staff Recommendation: Confirm the appointment of Vina June Milburn. K. Consider Resolution No. 96- Approving and Authorizing the City Manager and Chairman to Execute a Reimbursement Agreement by and between the Moorpark Redevelopment Agency and the City of Moorpark for a City Loan for Administration Costs for the Preparation of H.E. Baher and Highway Patrol Lease Agreements. Staff Recommendation: That the City Council and the Agency City Council Agenda April 3, 1996 Page 4 7. CONSENT CALENDAR: (Continued) adopt the Resolutions authorizing the City Manager and Chairman to execute the Reimbursement Agreement by and between the Moorpark Redevelopment Agency and the City of Moorpark. 8. PUBLIC HEARINGS: A. Consider Approval of the Moorpark Country Club Estates Project Proposed by Bollinger Development Corporation (General Plan Amendment No. 94 -1, Zone Change No. 94 -1, Vesting Tentative Map No. 4928, Residential Planned Development Permit No. 94 -1, and Conditional Use Permit No. 94 -1. Staff Recommendation: 1) Open the public hearing and take public testimony; 2) Consider draft conditions of approval and provide staff with any comments regarding required revisions; 3) Direct staff to provide the City Council with �he Addendum to the Final EIR and any recommended revisions to conditions for a continued public hearing on March 13, 1996; 4) Direct staff to provide the City Council with a draft Mitigation Monitoring Program, EIR Findings, and Statement of Overriding Considerations, the City Council's meeting on March 20, 1996; and 5) Continue the public hearing to March 13, 1996 (PUBLIC HEARING IS CLOSED) (CONTINUED ITEM) B. Consider Ordinance No. Of the City of Moorpark, California Approving Development Agreement 95 -1 Between the City and Bollinger Development Corporation. Staff Recommendation: Approve Ordinance No. For first reading. (PUBLIC HEARING IS OPEN) (CONTINUED ITEM) 9. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 10. PRESENTATIONS /ACTION /DISCUSSION: * A. Consider Approval of the Engineer's Report for Assessment District AD85 -1 (Parks Maintenance) for FY 1996/97 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: Adopt Resolution 96 -1195 (Exhibit "G ") 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 *Action items deemed by the City Manager to be a high priority. City Council Agenda April 3, 1996 Page 5 10. PRESENTATIONS /ACTION /DISCUSSION: (Continued) assessment district for FY 1996/97; and, c) setting the dates and times of a Public Meeting and a public hearing to consider said assessments. * B. Consider Approval of the Engineer's Report for Assessment District AD84 -2 (Lighting and Landscape) for FY 1996/97 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: Adopt Resolution No. 96 -1194 a) approving the Engineer's Report for Assessment District AD84 -2; b) declaring intention to make certain changes to and ordering the annual assessments for said assessment district for FY 1996/97; and, c) setting the dates and times of a Public Meeting and a public hearing to consider said assessments. * C. Consider Bids for the Construction of the Moorpark Avenue Storm Drain and the Spring Road Storm Drain. Staff Recommendation: 1) Approve the Scope of Work for the project to include both the Moorpark Avenue and the Spring Road storm drains; 2) Amend the appropriations and budget as follows: a) FY 1995/96 - 027 -142- 903 -0334: from $550,000 to $200,000 and 01- 170- 903 -0334 from $500,000 to $200,000, b) FY 1996/97 - 003 - 142 - 903 -0334 from $0 to $182,500, 013 - 142- 903 -0334 from $0 to $127,200; 027 -142- 903 -0334 from $0 to $796,000; 001 -170- 903 -0334 from $0 to $482,300; 3) Award a contract to Lash Construction in the amount of $1,504,570.16; 4) Authorize the City Manager to approve a Change Order Not to Exceed $100,020 for night work if required; 5) Approve a construction contingency in the amount of $160,810 for the project and authorize the City Manager to approve additional work for an amount not to exceed ten percent of the contract; 6) Authorize the City Manager to sign necessary contract documents. (ROLL CALL VOTE REQUIRED) * D. Consider a Weekly Certified Farmers' Market. Staff Recommendation: Direct staff to initiate action to bring a Farmers' Market to Moorpark on Saturday afternoons, at the north Metro Link Station, contingent upon approval of staff's development of temporary use permit conditions (which maintain the aesthetic conditions and maintain parking for the current businesses on High Street), selection of a Market coordinator, possible City sponsorship, and to present a proposed implementation plan. City Council Agenda April 3, 1996 Page 6 10. PRESENTATIONS /ACTION /DISCUSSION: (Continued) E. Consider Resolution No. 96- Approving Administrative Permit No. 96 -5 to Commercial Planned Development Plan Permit 90 -2 Major Modification No. 1 (Castillo Company), Request for Liquor Public Convenience and Necessity Permit for Liquor Sales. Staff Recommendation: Adopt Resolution No. 96- Approving Administrative Permit No. 96 -5. F. Consider Resolution No. 96- Approving Administrative Permit No. 96 -6 to commercial Planned Development Plan Permit 90 -2 Major Modification No. 1 (Castillo Company), Request for Liquor Public Convenience and Necessity Permit for Liquor Sales. Staff Recommendation: Adopt Resolution No. 96- Approving Administrative Permit No. 96 -6. * G. Consider Request by A. Deewayne Jones, D.D.S., for the City to Initiate a General Plan Amendment for a Four Acre Parcel Located Continuous with the Southwest Quadrant of Mission Bell - Phase 2 (Assessor's Parcel No. 511- 08 -42). Staff Recommendation: 1) Direct staff to accept a General Plan Amendment to change of Land Use Designation from M to C -2; 2) Authorize staff to accept an application for processing a Tentative Parcel Map, Zone Change and Commercial Planned Development Permit after the General Plan Amendment is heard by the Planning Commission at a public hearing. H. Consider Parks and Recreation Commission Recommended Priority List of Improvements for Phase II of Arroyo Vista Community Park and Recreation Center. Staff Recommendation: 1) Review the Priority List of Park Improvements for Phase II of Arroyo Vista Community Park, as recommended by the Parks and Recreation Commission; 2) Consider adoption of Priority List with recommended changes by staff (i.e., deferring tennis court construction until after revised conceptual design is completed, acceptance of donated MBA improvements in 1996/97, and moving Teen Center up in order of priority to short Term Improvements; and 3) Direct staff to advertise for Receipt of Bids for a qualified landscape architect to develop a conceptual design for Phase II of Arroyo Vista Community Park, which would incorporate the priority list of Park Improvements as adopted by the City Council. (Funds to be appropriated in 1996/97.) City Council Agenda April 3, 1996 Page 7 10. PRESENTATIONS /ACTION /DISCUSSION: (Continued) * I. Consider Co- Sponsoring Proposed Fireworks Show for July 3, 1996. Staff Recommendation: 1) Allocate $4,500 (from General Fund Reserves) to Fireworks Account, for Sheriff's Department services and for a concert preceding the fireworks show on July 3, 1996; and 2) Allow volunteers to solicit free will donations from those in attendance at the fireworks show on July 3, to be used as seed money for the 1997 program, 3) Act as official co- sponsor of the 1996 Moorpark Fireworks Event, and 4) Authorize the City Manager to sign any required agreements or other documents pertaining to the City's participation, as needed. * J. Consider Setting a Meeting to Discuss Day Laborer Situation. Staff Recommendation: Set meeting date and direct staff to publicize meeting and invite interested parties. K. Consider Council Policies Update. Staff Recommendation: Concur with the recommended action on Policies & Moorpark Operating Procedures as outlined in the report and direct staff to provide a resolution consolidating all Council policies. L. Consider Preliminary Quality of Life Thresholds /Standards for New Growth Management Program. 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 - three) 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 - two) C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: Portion of 506 - 010 -045 Negotiating parties: City of Moorpark and Southern California Edison Under Negotiation: Price and terms of payment City Council Agenda April 3, 1996 Page 8 12: CLOSED SESSION: 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 F. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (pursuant to Government Code Section 54957 Title: City Manager, Deputy City Manager, Director of Community Services, Public Works Director, City Clerk, Chief of Police, City Engineer, and City Attorney 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, (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 March 29, 1996 a copy of the agenda for the Regular City Council meeting to be held on April 3, 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. � r Doroth y Vandaveer DeputyClty Clerk Dated: December 27, 1996