HomeMy WebLinkAboutAGENDA 1997 0507 CC REG Op.a C91.
r" WAS Ordinance No. 230
irt a Resolution No. 97-1310
CITY COUNCIL
°' REGULAR MEETING AGENDA
WEDNESDAY, MAY 7, 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. Proclamation in Support of Renaissance Program.
5. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
AT THIS POINT IN THE MEETING THE COUNCIL WILL RECESS TO CONVENE THE
REDEVELOPMENT AGENCY.
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 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
May 7, 1997
Page 2
8. PUBLIC HEARINGS:
A. 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: Leave public
hearing open and continue this item to May 21, 1997 .
(CONTINUED ITEM) PUBLIC HEARING REMAINS OPEN.
B. Consider Request from A. Deewayne Jones, D.D. S . , 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: If a properly executed agreement has been
received, it is recommended to approve the resolution
approving General Plan Amendment No. 96-2 for a change in
Land Use designation from M (Medium Density Residential) to
C-2 (General Commercial) . (Continued item) (PUBLIC HEARING
CLOSED)
C. Consider Approval of Vesting Tentative Tract Map No. 5081 on
the Application of American Stores Properties, Inc. for a
Subdivision of 11 . 8 Acres into Eight Lots of 2 . 5, . 7, 4 . 1,
1 .5, . 6, . 7, . 9 and . 8 Acres Located at the Northwest Corner
of Tierra Rejada Road and Mountain Trail Street in the City,
Assessor' s Parcel No. 505-0-012-41 . Staff Recommendation:
1 ) Open the public hearing and accept public testimony and
close the public hearing; 2) Determine that the effects of
Vesting Tentative Tract Map No. 5081 have been adequately
analyzed in the Mitigated Negative Declaration, Initial
Study, and Mitigation Monitoring Program prepared for CPD 90-
2; 3) Make the appropriate findings as found in Resolution
No . 97- ; 4) Add conditions 38 and 39 as described in the
staff report and make a Finding that the portion of Lot K
described in the staff report is surplus property which is
land locked and has no value other than adjoining property,
should be incorporated into the lot adjacent on the downhill
side and disposition of the property would be consistent with
the General Plan; 5) Adopt Resolution No. 97- recommending
approval of Vesting Tentative Tract Map No. 5081 to the City
Council .
City Council Agenda
May 7, 1997
Page 3
9. PRESENTATIONS/ACTION/DISCUSSION:
A. 1996 Crime Statistics Presentation.
* B. Consider Review of Mobile Home Rent Stabilization Ordinance
(Moorpark Municipal Code Section 5. 52) . Staff
Recommendation: Direct staff as deemed appropriate.
* C. Consider City Options for Animal Regulation Services. Staff
Recommendation: Direct staff as deemed appropriate.
* D. Consider Request for Arroyo Vista Community Park (AVCP)
Conceptual Design Proposals. Staff Recommendation: That the
City Council : 1) Reconfirm its desire to proceed with the
conceptual design for AVCP Phase II and direction to hire a
landscape architect, at a cost not to exceed $10, 000; 2)
Direct staff to prepare a Request for Proposal, incorporating
the components identified in the staff report including the
option to allow for the consideration of alternative
locations for the football field in the park; and 3)
Authorize staff to solicit proposals from landscape
architects .
* E. Consider Approval of a Use Agreement with Moorpark Girls
Softball Association. Staff Recommendation: 1) Approve the
proposed use agreement with Moorpark Girls Softball
Association for use of the softball fields at Mountain
Meadows Park for authorized practices and games and
incorporating the provision outlined in the staff report,
pending final language approval by the City Manager; and 2)
Authorize the City Manager to sign the agreement on behalf of
the City.
* F. Consider Summer Concert Series for FY 1997/98 . Staff
Recommendation: Approve the discontinuance of the summer
concert series for FY 1997/98 .
G. Consider Council Meeting Summer Recess . Staff
Recommendation: Determine date for Council recess as either
July 16 or August 6 and schedule no meetings in the interim
until the next regularly scheduled meeting.
* Items deemed by the City Manager to be high priority
City Council Agenda
May 7 , 1997
Page 4
9. PRESENTATIONS/ACTION/DISCUSSION: (Continued)
H. Consider Town Hall Meeting at High Street Location. Staff
Recommendation: Confirm the date and starting time for the
next Town Hall meeting and a location on High Street.
* I . Consider Request from Robert B. Sofsky Regarding a Waiver of
the Moratorium on Permits for Businesses Which Sell
Alcoholic Beverages . Staff Recommendation: Direct staff as
deemed appropriate.
* J. Consider Interim Policy to Allow Director of Community
Development to Approve Minor Exceptions or Deviations from
the Code and Direct Staff to Prepare a Resolution to Initiate
an Amendment to the Zoning Ordinance to Provide for
Administrative Exceptions. Staff Recommendation: 1) Approve
an eighteen foot setback for Lot 8 of Tract 4174 subject to
filing a Minor Modification by the developer. Authorize the
Director of Community Development to approve the Minor
Modification application without further review by City
Council; 2) Adopt Resolution No. 97- to initiate a Code
Amendment to consider establishing criteria, procedures and
policy for an Administrative Exception; and 3) Approve an
interim policy to allow Director of Community Development to
approve a decrease/increase of up to ten percent (10%) for
required minimum setback, lot coverage and wall heights upon
making findings of good cause .
K. Consider Reconsideration of Request by Madelaine Shenkel and
Bill Tanner for the City to Initiate a 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) .
Reconsideration of Vote on Request by Madelaine Shenkel and
Bill Tanner for the City to Initiate a 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) .
City Council Agenda
May 7 , 1997
Page 5
9. PRESENTATIONS/ACTION/DISCUSSION: (Continued)
L. Consider Report from the Ad Hoc Committee Regarding the
Moorpark Mosquito Abatement District (MMAD) . Staff
Recommendation: Authorize the Ad Hoc Committee to continue
working with MMAD regarding their operation of the District.
M. Consider Appointment to Moorpark Mosquito Abatement District
(MMAD) to Fill Unexpired Term to Expire January 31, 1998 .
10. CONSENT CALENDAR:
A. Consider Approval of Minutes of the Joint Meeting of the City
Council and the Planning Commission of February 26, 1997 .
Consider Approval of Minutes of the Special Meeting of the
City Council of March 12, 1997 .
Consider Approval of Minutes of the Special Meeting of the
City Council of March 19, 1997 .
Consider Approval of Minutes of the Special Meeting of the
City Council of April 2, 1997 .
Consider Approval of Minutes of the Joint Meeting of the City
Council and the Moorpark Unified School District Board of
Education of April 9, 1997 .
Consider Approval of Minutes of the Special Town Hall Meeting
of the City Council of April 12, 1997 .
Consider Approval of Minutes of the Special Meeting of the
City Council of April 16, 1997 .
Staff Recommendation: Approve minutes as processed.
B. Consider Approval of Warrant Register.
Manual Warrants 33374-33384,
33415-33416 $ 25, 260 .24
Voided Warrant 33156 $ (2, 000 . 00)
Regular Warrants 33385-33414,
33417-33510 $162, 584 . 49
Staff Recommendation: Approve the Warrant Register.
City Council Agenda
May 7, 1997
Page 6
10. CONSENT CALENDAR: (Continued)
C. Consider Approval of a Certificate of Acceptance for a Grant
Deed from the Buttercreek Homeowners Association for the
Parkway Parcel on the North Side of Tierra Rejada Road, East
of Walnut Creek Road. Staff Recommendation: Approve the
Certificate of Acceptance for the subject Grant Deed and
authorize the City Clerk to send said documents to the County
Recorder for recordation.
D. Consider 1) Approval of Cooperative Agreement No. 4374
Between the City of Moorpark and Caltrans, Pertaining to the
Preparation of the Design for a Project to Widen the New Los
Angeles Avenue Bridge Across the Arroyo Simi, and 2)
Authorize the City Manager to Sign Said Agreement . Staff
Recommendation: Approve the Cooperative Agreement between the
City and Caltrans subject to final language approval by the
City Attorney and the City Manager, and authorize the City
Manager to sign said document .
E . Consider Approval of an Increase to the Project Costs for
the Construction of a Paved Road, Bike Path and Related
Improvements at Arroyo Vista Community Park. Staff
Recommendation: 1) Approve an increase to the construction
costs (including change orders) from $187, 347 . 91 to $218, 734
($31, 386. 09 increase) ; 2) Approve a revised project
contingency in the amount of $10, 936 (approximately 5% of the
revised construction costs) and authorize the City Manager to
approve additional work, if required, for an amount not to
exceed said amount; 3) Adopt Resolution No . 97- amending
the budget as described in the staff report .
F. Consider Resolution No. 97- Authorizing Staff to Apply for
Community Service Employment Program for Older Americans,
Title III Funding. Staff Recommendation: Adopt Resolution
No . 97- authorizing staff to apply for Community Service
Employment Program for Older Americans, Title III funding.
G. Consider AB 207 (Frusetta) Regarding Victim and Witness
Protection, AB 247 (Scott) Regarding Local Control of Firearm
Sales, AB 869 (Floyd) Regarding Smoking and Tobacco Control
in Bars and Bar Areas, AB 1223 (Strom-Martin) Regarding Parks
and Recreation Employee and Volunteer Fingerprinting, and AB
1512 (Shelley) Regarding Expansion of the Bottle Bill to
Include Additional Redemption Items . Staff Recommendation:
Support AB 207, AB 247, AB 1223, AB 1512, and oppose AB 869
City Council Agenda
May 7, 1997
Page 7
10 . CONSENT CALENDAR: (Continued)
and direct the Mayor to write a letter to the appropriate
Legislative Committee expressing the City' s position.
H. Consider Building Code Effectiveness Grading Schedule. Staff
Recommendation: 1) Direct staff to implement any or all of
the three education options outlined in the staff report; and
2) Receive and file the report .
I . Consider Request to Join Amicus - Penn Pacific Properties,
Inc. v. City of Oceanside, et al . (Issues of Ripeness and
Standard of Review for Legislative Actions) . Staff
Recommendation: Join amicus.
J. Consider Project Leads from State Trade and Commerce Agency.
Staff Recommendation: The Economic Development Committee and
staff recommend that the City Council direct staff not to
respond unless the proposed use can be accommodated on a site
that currently has the appropriate zoning and is consistent
with the allowed uses and standards of the zoning district
for the candidate site (s) . It is also recommended that staff
be further directed to use its discretion in suggesting other
sites with the inclusion of appropriate qualification
language concerning zoning and land use.
11 . ORDINANCES:
A. Second Reading of Ordinance No. 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 .
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 - 7)
City Council Agenda
May 7, 1997
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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (pursuant to
Government Code Section 54957)
Title : City Manager, Deputy City Manager, Director of
Community Development, Director of Community Services, Public
Works Director, City Clerk, Chief of Police, City Engineer,
and City Attorney
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
E. 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)
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 May 7, 1997, at 7 : 00 p.m. in the Council Chambers of the
Moorpark Community Center, 799 Moorpark Avenue, Moorpark,
California, was posted on May 2, 1997 at a conspicuous location
near the place of the meeting:
Moorpark Community Center
799 Moorpark Avenue
Moorpark, California
Dorothy Wandaveer, CMC
Deputy ty Clerk
Dated: June 20, 1997