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AGENDA 1996 0207 CC REG
� _ �i►42 4010. 14 1 Ordinance No. 211 04� ''` Resolution No. 96-1178 CITY COUNCIL oggTEa y REGULAR MEETING AGENDA WEDNESDAY, FEBRUARY 7, 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: 6. PUBLIC COMMENT: AT THIS POINT IN THE MEETING, THE COUNCIL WILL RECESS AND THE REDEVELOPMENT AGENCY WILL BE CONVENED. 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 February 7, 1996 Page 2 7 . CONSENT CALENDAR: A. Consider Approval of Minutes of the Regular Meeting of the City Council of January 3, 1996. Consider Approval of Minutes of the Special Meeting of the City Council of November 29, 1995. Consider Approval of Minutes of the Special Meeting of the City Council and Planning Commission of December 13, 1995. Consider Approval of Minutes of the Regular Meeting of the City Council of December 20, 1995. Consider Approval of Minutes of the Special Meeting of the City Council of December 20, 1995. Consider Approval of Minutes of the Special Meeting of the City Council of January 3, 1996. Staff Recommendation: Approve the minutes as processed. B. Consider Approval of the Warrant Register Manual Warrants 29364-29365, 29467-29479 $ 44, 608.08 Voided Warrants 27938, 29344 & 29383 $ (348.25) Regular Warrants 29480-29630 $414, 940.81 Staff Recommendation: Approve the Warrant Register. City Council Agenda February 7, 1996 Page 3 7. CONSENT CALENDAR: (Continued) C. Consider Bids for the Construction of a Temporary Traffic Signal at the Intersection of Tierra R-jada Road and Moorpark Road. Staff Recommendation: 1) Award a contract to TDS Engineering, Inc. in the amount of $25, 995. 00 for the project; 2) Approve a ten per cent contingency for the project and authorize the City Manager to approve additional work, if required, for an amount not to exceed ten per cent of the contract; 3) Authorize the City Manager to sign necessary contract documents; and 4) Amend the total amount of the appropriation and budget for this project as follows: Acc. # 026-142-903-0413 from $70, 000 to $42, 000 ($28, 000 decrease) . D. Consider Cooperative Agreement with the County of Ventura Regarding Joint Funding of the Construction of a Temporary Traffic Signal at Tierra Rejada Road and Moorpark Road. Staff Recommendation: Approve the agreement, subject to final language approval by the City Attorney and City Manager, and authorize the Mayor to execute same. E. Consider Resolution No, 96- Approving the State/City Master Agreement Pertaining to Federal Aid Projects and the Program Supplement Pertaining to Surface Transportation Program Funding for the 1995 Asphalt Overlay Project. Staff Recommendation: Adopt Resolution No . 96- and authorize the Mayor to execute subject agreement on behalf of the City Council . F. Consider Purchase of Facsimile Machine for Arroyo Vista Recreation Center. Staff Recommendation: Approve the reallocation of funds in the amount of $850 . 00 from lift purchase savings, (Capital Equipment 01 . 149 . 906. 000390) , for the purchase of a facsimile machine, installation and monthly service fees through June 30, 1996, at Arroyo Vista Recreation Center. City Council Agenda February 7, 1996 Page 4 7. CONSENT CALENDAR: (Continued) G. Consider Authorizing Recordation of the Notice of Completion for the Construction of Multipurpose Court and Other Concrete Work at Arroyo Vista Community Park. Staff Recommendation: 1) Accept the work as completed; 2) Authorize the City Clerk to file the Notice of Completion for the project; 3) Authorize the release of the retention upon satisfactory clearance of the thirty five (35) day lien period. H. Consider Authorizing Recordation of the Notice of Completion for the Construction and Installation of Security Lighting at Glenwood and Campus Canyon Parks (Big 0 Enterprises) . Staff Recommendation: 1) Accept the work as completed; 2) Authorize the City Clerk to file the Notice of Completion for the project; 3) Authorize the release of the retention upon satisfactory clearance of the thirty five (35) day lien period. I . Consider Resolution No. 96- Approving and Authorizing h- i Mana• -r . Ex- - . Coo.-r. i•n A•re-m-n • and between the Moorpark Redevelopment Agency and the City of Moorpark for Various Public Works Sidewalk Improvement Projects - Harry, Esther, Sherman and High Streets. Staff Recommendation: Adopt Resolution No. 96- Authorizing the City Manager to execute the Cooperation Agreement by and between the City of Moorpark and the Moorpark Redevelopment Agency. J. Consider Resolution No . 96- Approving and Authorizing the City Manager to Execute a Reimbursement Agreement 1DV and between the Moorpark Redevelopment Agency and the City of Moorpark for City Loan for Preparation of Downtown Specific Plan. Staff Recommendation: Adopt Resolution No. 96- authorizing the City Manager to execute the Reimbursement Agreement by and between the City of Moorpark and the Moorpark Redevelopment Agency. City Council Agenda February 7, 1996 Page 5 7. CONSENT CALENDAR: (Continued) K. Consider Renewal of Employee Vision Plan with CPIC, a Subsidiary of Blue Shield of California. Staff Recommendation: That the City continue its contract with Blue Shield at a rate of $8 . 00 per employee, $15. 90 for employee and spouse, $18. 70 for employee and children, and $20. 70 for employee and family. L. Consider Approval of a Certificate of Acceptance for Property Owned by Mr. Rosenkrantz - Park Lane and Los Angeles Avenue . Staff Recommendation: Approve the Certificate of Acceptance for the property and appropriate $15, 945 from the Assessment District 92-1 Construction Fund for the purchase of the property. M. Consider Acceptance of the Maintenance of Tierra Rejada Road in PC-3 and the Exoneration of the Related Improvement Bond (California Community Builders) . Staff Recommendation: Accept the Tierra Rejada Road street improvements and median landscaping improvements within PC-3 effective March 1, 1996, and authorize the City Clerk to exonerate Bond #11127011986 [$300, 000] subject to the following conditions: a) completion of the street repairs required by letter to CCB dated January 12, 1996, prior to acceptance of improvements and bond exoneration; b) receipt of payment by CCB of $90, 000 representing their total cost for the Tierra Rejada Road Subdrain Project; c) completion of the installation of sub-meters on all irrigation lines serving the medians; d) receipt of a letter from CCB agreeing to pay all actual City costs for median landscape maintenance (including utility costs) for the period between march 1, 1996 and July 1, 1996; e) receipt of an advance payment in the amount of $13, 333. 00, said amount being equal to an estimate monthly maintenance costs of $3, 333 for the four month period; and, f) receipt of a letter from CCB agreeing to undertake all necessary modification to the median landscaping irrigation systems required to completely separate same from the parkway landscaping system, in the event the city does not assume the maintenance responsibilities for said parkways . City Council Agenda February 7, 1996 Page 6 7 . CONSENT CALENDAR: (Continued) N. Consider a Budget Transfer of $40, 628 from Fund 5 Reserve to Fund 05.4 .147 . 903 for the Mail Marketing Art Project. Staff Recommendation: Authorize the transfer of $40, 628 from the unreserved balance available in Fund 5 to Improvements Other Than Buildings, line item 05 . 4 . 147 . 903 . 0. Consider Resolution No . 96- Approving Administrative Permit No. 95-20 for Off-Site Sale of Beer and Wine at 415 Moorpark Avenue (Tellos Mexican Food) . Staff Recommendation: Adopt Resolution No . 96- 8. PUBLIC HEARINGS: A. Consider Public Testimony and the Adoption of Resolution No . 96- Finding the City in Compliance with the Paratransit Requirements of the Americans with Disabilities Act. Staff Recommendation: Receive public testimony and adopt Resolution No. 96- finding the City in compliance with the Americans with Disabilities Act for paratransit service . B. Consider Approval of Residential Planned Development Permit No, 95-2, GPA 95-3 and Tentative Tract Map No . 4174 a Nine (9) Lot Subdivision (Colmer) . Staff - Recommendation: 1) Open the public hearing; 2) Consider the Mitigated Negative Declaration and related Mitigation Monitoring Program prepared for these entitlement projects prior to approving the projects; 3) Make the appropriate findings for each of the entitlements requested by the applicant; 4) Direct staff to prepare resolutions approving the requested General Plan Amendment, Land Division Map, and Residential Planned Development Permit for presentation at the City Council' s next regular meeting of February 21, 1996. C. Consider Amendment to the Moorpark Municipal Code Section Addition of Section No. 17 . 32 . 011 Regarding Second Driveways in Residential Zones. 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 City Council Agenda February 7, 1996 Page 7 8. PUBLIC HEARINGS: (Continued) categorically exempt pursuant to State CEQA Guidelines Section 15061 (b) (3) ; 3) Find that the proposal is a benefit to the city and that the Ordinance and the proposal be forwarded to the City Council with a recommendation of approval; 4) Introduce Ordinance No. for first reading. D. Consider Resolution No. 96- , Establishing Restricted Parking Spaces in the Commercial Center Parking Lot Located at 23 Los Angeles Avenue and Authorizing the Removal of Unauthorized Vehicles from Such Reserved Parking Spaces. Staff Recommendation: Adopt Resolution No . 96- establishing reserved parking spaces for police vehicles and authorizing the towing of any other vehicles parked in any such reserved parking spaces . 9. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 10. PRESENTATIONS/ACTION/DISCUSSION: A. Consider Housing Rehabilitation Program Outside of the Redevelopment Project Area. Staff Recommendation: The Economic Development/Affordable Housing Committee and staff recommend that a parallel Housing Rehabilitation Loan Program be established outside of the Project Area -and that staff publicize the program and process requests on a firm come first serve basis. Further, that the City Council appropriate $160, 000 from the City' s Housing Fund (Fund 22) . (ROLL CALL VOTE) * B. Consider Comments on County Conditional Use Permit (CUP) No . 4933 for Golf Academy (Driving Range) Proposed by Ralph Mahan for a Site North of Tierra Rejada Road and East of State Route 23 . Staff Recommendation: Direct staff to prepare a letter to the County Planning Division expressing the City' s opposition to the proposed project. * Action items deemed by the City Manager to be a high priority City Council Agenda February 7 , 1996 Page 8 10. PRESENTATIONS/ACTION/DISCUSSION: (Continued) * C. Consider Rescinding Ordinance No. 123, and Amending Municipal Code Chapter 8 . 36; Conduct First Reading of Solid Waste Ordinance No. . Staff Recommendation: Approve Solid Waste Ordinance No. For first reading, repealing Ordinance No. 123, amending the Moorpark Municipal Code Chapter 8 . 36. * D. Consider Approval of 1996 NPDES (National Pollutant Discharge Elimination System) Programs . Staff Recommendation: 1) Amend the City Council Goals and Objectives for FY 1995/96 to include, as a single- asterisk, the following additional objective: "Develop and implement a number of programs required by the City' s Stormwater Discharge Permit as mandated by the federal NPDES program."; 2) Direct staff to proceed with the work programs described in the staff report; 3) Authorize interdepartmental budget transfers to account for NPDES related personnel costs incurred during FY 1995/96; 4) Direct staff to include in the FY 1996/97 budget recommended expenditures and funding sources necessary to comply with NPDES program requirements; and 5) Direct staff to initiate proceedings required to establish an NPDES assessment in FY 1996/97 . (ROLL CALL VOTE) E. Consider City Attorney' s Attendance at City Council Meetings . - Staff Recommendation: Direct that the City Attorney not be scheduled to attend the second regularly scheduled meeting of the month for a four (4) month trial period (February to May) to be evaluated by the City Council in June 1996. - 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) City Council Agenda February 7, 1996 Page 9 B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision © of Section 54956.9 of the Government Code: (Number of cases to be discussed - two) C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956. 9 of the Government Code) : Dillon vs. the City of Moorpark D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956. 9 of the Government Code) : Environmental Coalition of Ventura County 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, (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 February 2, 1996 a copy of the agenda for the Regular City Council meeting to be held on February 7, 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. / •1 +, Dorothy . andaveer Deputy pity Clerk Dated: February 2, 1996