HomeMy WebLinkAboutAGENDA 1997 0618 CC REG 41110 Ordinance No. 234
Ograttpk"Im Resolution No. 97-1328
4'2 , CITY COUNCIL
REGULAR MEETING AGENDA
Js)
WEDNESDAY, June 18, 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:
A. Recognition of Eagle Scout, Jay Dobrowalski.
B. Recognition of Resources for Youth Month.
C. City Manager' s Monthly Report.
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:
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
June 18, 1997
Page 2
7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
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8. PUBLIC HEARINGS:
A. Consider Zoning Ordinance Amendment No. 97-02 to Establish
Permit Processes from Businesses Selling Alcoholic
Beverages. Staff Recommendation: 1) Open the public
hearing, accept public testimony, and close the public
hearing; 2) Determine that the modifications to the City' s
Zoning Ordinance are categorically exempt pursuant to State
CEQA Guidelines Section 15061 (b) (3) ; 3) Adopt the ordinance
amending the Zoning Code (Zoning Ordinance 97-02)
• establishing permit processes for businesses selling
alcoholic beverages in the City. NEW STAFF RECOMMENDATION:
Direct ..staff as deemed appropriate. (CONTINUED FROM
6/4/97; PUBLIC HEARING REMAINS OPEN).
B. Consider Resolution No. 97- to Vacate Pedestrian
Easements on Lots 64 and 65 of Tract 4342-3 at the East End
of Sagewood Drive (American Stores) (Vacation No. V-97-1) .
Staff Recommendation: 1)Consider the testimony and evidence
submitted at the public hearing; 2) Make those necessary
findings for fact prerequisite to vacating public
easements; 3) Adopt Resolution No . 97- ordering the
vacation of pedestrian easements at the east end of
Sagewood Drive and directing the City Clerk to record this
resolution and provide notice as required by law.
C. Consider Making Certain Changes to the Lighting and
Landscaping Assessment District (Assessment District 84-2)
and Confirming the Assessments for Fiscal Year 1997/98 .
Staff Recommendation: 1) Open the public hearing,' receive
testimony and close the public hearing; 2) Continue all
other matters to the date of the Budget Workshops .
(CONTINUED FROM 6/11/97; PUBLIC HEARING .IS CLOSED)
D. Consider Making Certain Changes to the Parks Maintenance
Assessment District (Assessment District 85-1) and
Confirming the Assessments for Fiscal Year 1997/98 . Staff
Recommendation: 1) Open the public hearing, receive
testimony and close the public hearing; 2) Continue these
matters to the date of the Budget Workshops. (CONTINUED
FROM 6/11/97; PUBLIC HEARING IS CLOSED)
City Council Agenda
June 18, 1997
Page 3
9. PRESENTATIONS/ACTION/DISCUSSION:
A. Consider Approval of Minor Modification No. 5 to Major
Modification No. 1 of CPD 90-2 on the Application of Nadel
Architects Approving the Artwork and Reimbursement of Art
in Public Places Fee to American Stores Properties in the
Amount of $11, 323. 80 Upon Completion of the Artwork on
Property Located Southwest of the Corner of Tierra Rejada
Road and Mountain Trail Street. Staff Recommendation:
Approve Resolution No. 97- approving the artwork and
reimbursement to American Stores Properties of the deposit
submitted by the property owner the submitted Art in Public
Places fee in the amount of $11, 323 . 80 upon completion of
the artwork.
B. Consider Action Regarding Elm Trees on Cornett Avenue and
McFadden Avenue. Staff Recommendation: 1) Direct staff to
secure the services of an arborist to perform a detailed
hazard evaluation on each of the remaining eleven elm trees
on Cornett Avenue and McFadden Avenue (using a standardized •
hazard rating scale) and develop a long-term evaluation,
monitoring, and maintenance program (including cost
estimates) ; 2) Authorize the City Manager to enter into a -
contract with an arborist for the aforementioned scope of
work at a cost not to exceed $700; and 3) Direct staff to
report back to the Council with the arborist' s findings and
a recommendation for consideration and approval .
* C. Consider Approval of a Use Agreement with the Moorpark
American Youth Soccer Association (AYSO) . Staff
Recommendation: 1) Approve the proposed Agreement with
American Youth Soccer Organization for use of designed area
of Arroyo Vista Community Park and snack bar for authorized
soccer practices and games and incorporating the provisions
outlined in the staff report, subject to final language _
approval by the City Manager; and 2) Authorize the City
Manager to sign the Agreement on behalf of the City.
* D. Consider Animal Regulation Service Options . Staff
Recommendation: That the City Council not act at this time
to change Animal Regulation service providers, but
authorize the execution of the contract amendment provided
in Attachment "B" of the staff report and allow staff to
continue to communicate with the County of Los Angeles, and
prepare , if necessary, for a change in 1998/99.
* Items deemed by the City Manager to be high priority.
City Council Agenda
June 18, 1997
Page 4
9. PRESENTATIONS/ACTION/DISCUSSION: (Continued)
* E. Consider Approval of the Preferred Alternative Design
Concept for the Construction of Certain Drainage
Improvements Required for the Gabbert Canyon and Walnut
Canyon Watersheds, and Authorization for the City Manager
to Proceed, if Necessary, with Efforts to Develop a
Financing Program for Said Project. Staff Recommendation:
1) Approval of the selection of design Alternate B for the •
construction of certain drainage facility improvements for
the Gabbert Canyon and Walnut Canyon Watersheds; 2)
Authorization for the City Manager to approve certain City
efforts to work with the VCFCD on the development of the
financing mechanism for the proposed project, provided that
all "out-of-pocket" City costs are funded by the VCFCD.
* F. Consider Resolution No. 97- Adopting Fiscal Year
1997/1998 Budget. Staff Recommendation: Adopt Resolution
No. 97- . (ROLL CALL VOTE REQUIRED)
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* G. Consider Calling an Election on November 4, 1997 to Replace
Revenues Which Will be Lost with the Implementation of
Proposition 218 . Staff Recommendation: Adopt Resolution --
No. 97- calling and giving notice of a special election,
and Resolutions 97- , 97- , and 97- approving
associated actions necessary to hold an election.
(CONTINUED FROM 6/11/97)
H. Consider Letter Regarding Removal of "Open House" Real
Estate Signs Within the City's Public Right-of-Way. Staff
Recommendation: Direct staff as deemed appropriate.
I . Consider Ventura County District Attorney' s Suggestion of
an Ordinance Addressing "Going Out of Business" Sales .
Staff Recommendation: Direct staff as deemed appropriate. -
J. Consider Allowing Initiation of General Plan Amendment to
Amend the Land Use Element of the General Plan on 4 .78
Acres, Located at 13991 Los Angeles Avenue (APN 513-01-22)
from RH (Rural High 1 DU/5 Acres Minimum) to I-2 (Medium
Industrial) and Zone Change from RE-1 Acre (Rural Exclusive
1 Acre Minimum) to M-2 (Limited Industrial (Madelaine
Shenkel and Bill Tanner) .
City Council Agenda
June 18, 1997
Page 5
10. CONSENT CALENDAR:
A. Consider Approval of Minutes of the Special Meeting of the
City Council of May 28, 1997 .
Staff Recommendation: Approve the minutes as processed.
B. Consider Approval of Warrant Register.
Manual Warrants 33830 - 33835 $ 5, 316.71
Voided Warrant 33677 $ (586.50)
Regular Warrants 33837 - 33871
33872 - 33947 $473, 598 .40
Staff Recommendation: Approve the Warrant Register.
C. Consider Resolution No. 97- , Rescinding Resolution No.
94-1064 and Establishing New Parking Restrictions at Arroyo
Vista Community Park. Staff Recommendation: Adopt
Resolution No. 97- , rescinding Resolution No. 94-1064
and establishing new parking restrictions at Arroyo Vista -_
Community Park.
D. Consider the Request for the Exoneration of the Bond for
Grading and Street Improvements in Conjunction with the
Burger King Restaurant Development. Staff Recommendation:
1) Accept the improvements as complete; 2) Authorize the
City Clerk to reduce the bonds to the recommended reduced
amount as set forth in the staff report.
E. Consider Approval of a Certificate of Acceptance for an
Easement for a Sidewalk East of Gabbert Road, IPD 96-3
(West America Corp. ) . Staff Recommendation: Approve the _
Certificate of Acceptance for a public sidewalk and
maintenance easement on the east side of Gabbert Road, from
West America Construction Corporation, and direct the City
Clerk to send said easements and certificates to the County
Recorder for recordation.
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City Council Agenda
June 18, 1997
Page 6
10. CONSENT CALENDAR: (Continued)
F. Consider Notice of Completion of the Arroyo Vista Community
Park Access Road. Staff Recommendation: That the City
Council take the following actions: 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 day lien period.
G. Consider the Cities of La Quinta and Rolling Hills
Membership Applications to California Joint Powers
Insurance Authority (CJPIA) . Staff Recommendation: Receive
and file the report.
H. Consider Resolution No. 97- Establishing Certain Parking
Restrictions on the West Side of Moorpark Avenue South of
Los Angeles Avenue. Staff Recommendation: Adopt Resolution
No. 97- establishing certain parking restrictions . on the
• west side of Moorpark Avenue south of Los Angeles Avenue.
I . Consider Resolution No. 97- Amending Resolution No. 93-
926 Pertaining to Parking Restrictions on Los Angeles -.
Avenue East of the Intersection of Spring Road and High
Street (Chuy' s) . Staff Recommendation: Adopt Resolution
No. 97- amending Resolution No. 93-926 pertaining to
parking restrictions on Los Angeles Avenue east of High
Street.
J. . Consider New Agreement with Hidden Creek Ranch Partners
(HCRP) and Professional Services Agreement with BonTerra
Consulting for Completion of an Environmental Impact Report
and Provision of Related Services for the Hidden Creek
Ranch Specific Plan/Specific Plan No. 8 Project. Staff
Recommendation: Authorize the City Manager to sign the
Agreement between City of Moorpark and Hidden Creek Ranch,
Partners L.P. for completion of an Environmental Impact
Report and provision of related services for the Hidden
Creek Ranch Specific Plan/Specific Plan No. 8 Project, and
the Professional Services Agreement between City of
Moorpark and BonTerra Consulting for completion of an
Environmental Impact Report and provision of related
services for Hidden Creek Ranch Specific Plan/Specific Plan
No. 8 project.
City Council Agenda
June 18, 1997
Page 7
10. CONSENT CALENDAR: (Continued)
K. Report from City Manager on Program Reassignments Within
City Departments. Staff Recommendation: Receive and file
the report.
11 . ORDINANCES:
A. Second Reading of Ordinance 233 - Zoning Ordinance
Amendment No. 97 .03 to Consider Revisions to Section
17 .20. 060 (Permitted Uses in Commercial and Industrial
Zones) of the Moorpark Municipal Code (City of Moorpark
Zoning Ordinance) to Delete Automobile Service Stations in
Industrial Zones .
12 . CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Subdivision
(b) to pursuant to: (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)
Moorpark LeClub, et al vs. The City of Moorpark
D. CONFERENCE WITH LABOR NEGOTIATOR (pursuant to Government
Code Section 54957 . 6)
Agency Negotiator: Steven Kueny
Employee Organization: Service Employees International
Union Local 998, AFL-CIO, CLC
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)
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
I. Dorothy J. Vandaveer, declare as follows:
That I am the Deputy City Clerk of the City of Moorpark and that an agenda of the Regular Meeting
of the Moorpark City Council to be held June 18, 1997 at 7:00 p.m. in the Council Chambers of the
Moorpark Community Center,799 Moorpark Avenue, Moorpark, California, was posted on June 13,
1997 at a conspicuous location near the place of the meeting:
Moorpark Community Center
799 Moorpark Avenue
Moorpark, California
I declare under penalty of perjury that the foregoing is true and correct.
Executed on July 23, 1997.
Dorothy J. VG veer,Deputy City Clerk