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AGENDA 1997 0115 CC REG
0 ""QPpK C�`,c rw- � Z, Ord No. 217 / Resolution No. 97-1263 zwa® di da �� m CITY COUNCIL >eo Jos- REGULAR MEETING AGENDA WEDNESDAY, JANUARY 15, 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 Scouts Travis M. Schimmer and Eric N. Christensen. B. Recognition of Allen Walter for Emergency Training. C. Recognition of Debi Ryono for her Tenure as Editor of the Moorpark Star. D. Recognition of the Moorpark High School Decathlon Team. E . City Manager' s Monthly Report. 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 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 . Moorpark City Council Agenda Moorpark, California Page 2 January 15, 1997 5 . REORDERING OF, AND ADDITIONS TO, THE AGENDA: 6. PUBLIC COMMENT: 7 . CONSENT CALENDAR: A. Consider Approval of Minutes of the Adjourned Regular Meeting of the City Council of December 4, 1996. Consider Approval of Minutes of the Regular Meeting of the City Council of December 4, 1996. Consider Approval of Minutes of the Special Meeting of the City Council of December 11, 1996. Consider Approval of Minutes of the Adjourned Regular Meeting of the City Council of December 11, 1996. Consider Approval of Minutes of the Regular Meeting of the City Council of December 18, 1996. Consider Approval of Minutes of the Special Meeting of the City Council of December 18, 1996. Staff Recommendation: Approve the minutes as processed. B. Consider Approval of the Warrant Register. Period Ending January 1, 1997 : Manual Warrants 32354-32357, 32443-34449 $ 26, 028 . 17 Voided Warrants 30077, 30216, 30661 & 32445 $ (278 . 00) Regular Warrants 32450-32478, 32479-32539 $152, 654 . 12 Moorpark City Council Agenda Moorpark, California Page 3 January 15, 1997 7 . CONSENT CALENDAR: (Continued) Period Ending January 15, 1997 : Manual Warrants 32540-32544 $ 4, 582 . 91 Voided Warrant 30766 $ (64 . 00) Regular Warrants 32546-32625 $206, 431 . 85 Staff Recommendation: Approve the Warrant Registers . C. Consider Report on Citizen Link Computer Program. Staff Recommendation: Direct staff to discontinue the Citizen Link Program and continue expansion of the City' s Internet presence. D. Consider Adoption of Resolution No. 97- Authorizing Off-Site Storage with Ventura County. Staff Recommendation: Adopt Resolution No. 97- authorizing off-site storage with Ventura County and appropriating $932 . 65 from the General Fund Reserve to 100 . 300 . 0000. 000. 9191 (Contractual Services) . E. Consider Amendment to Contract with VCE Civil Engineering & Surveying, Inc. to Provide Construction Engineering Services for the Arroyo Vista Community Park Pedestrian, Equestrian, Bicycle, Emergency Access Bridge. Staff Recommendation: Approve Amendment No. 3 to the VCE Agreement and authorize the City Manager to execute said document. F. Consider Approval of the Assignment of the Street Sweeping Contract Between the City and Pacific Sweep. Staff Recommendation: Authorize the City Manager to execute an Amendment to the Agreement for Street Sweeping Services, assigning said Agreement to Venco Western, Inc. , when and if said transfer is required. G. Consider Resolution No. 97- Establishing Certain Parking Restrictions on Liberty Bell Road. Staff Recommendation: Adopt Resolution No. 97- Establishing certain parking restrictions on Liberty Bell Road south of Los Angeles Avenue. Moorpark City Council Agenda Moorpark, California Page 4 January 15, 1997 7 . CONSENT CALENDAR: (Continued) H. Consider Conveying a Water Easement to the Southern California Edison Company (SCE) to Allow for the Construction of a Water Service from an Existing Water Main Within the Arroyo Vista Community Park Access Road Northerly to SCE Property. Staff Recommendation: Authorize the Mayor to execute the final Deed for the subject water easement and forward same to SCE for recordation. I . Consider Resolution No. 97- Relative to a Transfer of Funds from Fund 220, Capital Outlay, GIS System, to Professional Services for Noise Element; Open Space, Conservation, and Recreation Element (OSCAR) ; and Traffic Model Usage/Traffic Study Services . Staff Recommendation: Transfer $4, 000 for the Noise Element, $5, 000 for the OSCAR element, and $550 for Traffic Model Usage/Traffic Study services, pursuant to Resolution No. 97- J. Consider Request for the Exoneration and/or Reduction of Bonds for the Improvements in the Following Tracts in Mountain Meadows : 4340-2, 4341-1, 4341, 4342, 4342-6. Staff Recommendation: Approve the exoneration or reduction of the bonds as listed in the staff report . K. Consider Request for the Exoneration of Cash Bond for an Encroachment Permit for Construction of a Water Line at the Boys and Girls Club. Staff Recommendation: Authorize the City Clerk to exonerate the cash bond in the amount of $3, 000 . L. Consider Community Development Block Grant (CDBG) Status Report and Consider Development of 1997/98 Funding Objectives. Staff Recommendation: That the City Council authorize staff to request proposals for the use of CDBG funds for the upcoming 1997/98 appropriations, consistent with the schedule as outlined in the staff report . M. Consider Amendment to the Ventura Council of Governments Joint Powers Authority Agreement. Staff Recommendation: That the City Council approve the Amendment to the Ventura Council of Governments Joint Powers Authority Agreement and authorize the Mayor to sign the Amendment on behalf of the City. Moorpark City Council Agenda Moorpark, California Page 5 January 15, 1997 7 . CONSENT CALENDAR: (Continued) N. Consider VISTA-East Cooperative Agreement for 1996/97 Fiscal Year. Staff Recommendation: Approve the City' s participation in the VISTA-East Cooperative Agreement and authorize the Mayor to sign on behalf of the City. O. Consider Approval of the Mutual Aid Agreement for Emergency Building and Safety Services . Staff Recommendation: Approve the City' s participation in the Mutual Aid Agreement for Emergency Building and Safety Services and direct the Mayor to sign on behalf of the City. P. Consider City Council and Moorpark Redevelopment Agency Review and Approval of Moorpark Redevelopment Agency Annual Report. Staff Recommendation: That the City Council approve the 1995/1996 Annual Report and authorize filing. Q. Consider Amicus Request from the Town of Tiburon in Kucera v. Lizza (Land Use Regulations for Aesthetic Purposes) . Staff Recommendation: Join Amicus . R. Consider Approval of an Application for Federal Surface Transportation Program (STP) and/or Congestion Mitigation and Air Quality (CMAQ) (FY 1996/2003) Funds for Certain Transportation Improvement Projects . Staff Recommendation: That the City Council authorize staff to submit a grant application for funding under the STP/CMAQ program, for the above project . S . Consider Use of City' s Social Services Account. Staff Recommendation: Pursuant to City Council Policy 11, approve the expenditure of $80 . 00 for the purpose described in the staff report . 8 . PUBLIC HEARINGS: A. Consider Approval of Resolution No. 97- Adopting the Mitigated Negative Declaration and Findings Relative to Industrial Planned Development Nos. 96-1 (Building B) , 96-2a (Building Cl) , 96-2b (Building C2) , 96-2c (Building D1) , 96-2d (Building D2) and 96-2E (Building E) and Tentative Parcel Map 5037 on the Application of West America Construction Corporation (Assessor Parcel No. Moorpark City Council Agenda Moorpark, California Page 6 January 15, 1997 8 . PUBLIC HEARINGS: (Continued) 512-0-24-11, 12, 13, and 14) and Resolution No. 97- Approving the Industrial Planned Development Permits and the Tentative Parcel Map. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Review, consider, and adopt the Mitigated Negative Declaration and findings as found in Resolution No. 97- ; and 4) Approve Resolution No. 97- approving the Industrial Planned Development Permits and the Tentative Parcel Map. NEW STAFF RECOMMENDATION: Continue the public hearing to February 5, 1997 . (Continued from 12/18/1996) B. Consider Adoption of an Ordinance Extending Ordinance No. 221, an Interim Zoning Ordinance of the City Council of the City of Moorpark, California, Adopted as an Urgency Measure, Imposing a Moratorium on the Issuance of New Permits for Alcoholic Beverage Sales in the City. Staff Recommendation: Adopt Interim Zoning Ordinance No. an urgency measure, which ordinance shall extend the moratorium on the issuance of new permits for alcoholic beverage sales through December 3, 1997, unless extended or amended by a subsequent ordinance. 9. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 10 . PRESENTATIONS/ACTION/DISCUSSION: A. Consider Appointments to the Parks and Recreation Commission. (Continued from 12/18/96) B. Consider Appointments to the Senior Center Advisory Committee. (Continued from 12/18/96) C. Consider Discussion of Honorarium for Moorpark Redevelopment Agency Meetings and City Council Compensation and Benefits Information. (Continued item) D. 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 . (Continued item) Moorpark City Council Agenda Moorpark, California Page 7 January 15, 1997 10. PRESENTATIONS/ACTION/DISCUSSION: (Continued) E. 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 . (Continued item) F. Consider Schedule for a Joint Meeting with the Planning Commission and Parks and Recreation Commission. Staff Recommendation: Direct staff as deemed appropriate. * G. Consider Setting Meeting Times and Dates for Council Standing Committees and Confirming Final Committee Assignments Listing. Staff Recommendation: Direct staff as deemed appropriate. H. Consider Schedule of Town Hall Meetings for 1997 . Staff Recommendation: Direct staff as deemed appropriate. I . Reconsideration of a Request for the City to Construct Certain Improvements to the Property Located at 41 Flory Avenue (North Side of Los Angeles Avenue, West of Flory Avenue - Miranda) . Staff Recommendation: Approve the improvements proposed in the staff report and direct staff to prepare the funding resolution and proceed with project implementation. * J. Consider 1) Selection of a Consultant to Perform Certain Assessment Engineering Services, 2) Adoption of a Resolution Amending the Budget Amount Funding Those Services : and, 3) Adoption of Resolutions Initiating the Proceedings Related to the Levy of Assessments for AD 84- 2 (Street Lighting and Parkway/Median Landscape) and AD 85-1 (Parks Landscape Maintenance) for Fiscal Year 1997/98 . Staff Recommendation: 1) Approve the selection of Dwight French and Associates to prepare FY 97/98 Engineer' s Reports for AD 84-2 and AD 85-1 for a fee not to exceed $13, 800 ($9, 680 for the reports plus a Not to Exceed Amount of $3, 020 (in reimbursable expenses) ; 2) Adopt Resolution No. 97- amending the FY 1996/97 budget to increase the budget amount for assessment engineering services; 3) Adopt Resolution No . 97- 4) authorizing preparation of an Engineer' s Report for the *Items deemed by the City Manager to be high priority. Moorpark City Council Agenda Moorpark, California Page 8 January 15, 1997 10 . PRESENTATIONS/ACTION/DISCUSSION: (Continued) Moorpark Lighting and Landscaping Maintenance Assessment District (AD 84-2) for FY 1997/98, said report to include provisions allowing for the establishment of certain new Zones of Benefit; 4) Adopt Resolution No. 97- authorizing preparation of an Engineer' s Report for the Moorpark Parks Maintenance Assessment District (AD 85-1) for FY 1997/98; 5) Authorize the City Manager to sign a letter of agreement with Dwight French and Associates for said services . * K. Consider Request from the Moorpark Unified School District for Student Discount Bus Fare. Staff Recommendation: Approve a discount bus fare of $ . 50 for students participating in Moorpark Unified School District sponsored programs, on a trial basis through the end of FY 1996/97, and direct staff to prepare a resolution establishing the approved discount fare. * L. Consider Resolution No. 97- Amending the FY 1996/97 Budget to Fund a DART Coordinator Stipend. Staff Recommendation: Adopt Resolution No . 97- amending the FY 1996/97 Budget by transferring $550 from full-time salaries in the Recreation Division budget (100 . 700 . 0000 . 000 . 9002) to the Emergency Management Division budget (204) to fund a monthly DART coordinator stipend of $100 . 00 . * M. Consider Resolution No. 97- Relative to Interim Planning Services . Staff Recommendation: Adopt Resolution No. 97- Approving an allocation of $66, 000 for Contract Planning Services to be added to the Planning Division budget under Professional Services, an additional allocation of $37, 840 in revenues for Planning Department Time Charges and authorizing the City Manager to select a consultant and execute a contract with a firm or qualified individual (s) for provision of services . N. Consider Commercial Planned Development Permit 90-2 Minor Modification No. 3 for Approval of a Sign Program for Mountain Meadows Plaza (American Stores Properties) , Located at the Southwest Corner of Tierra Rejada Road and Mountain Trail Street. Staff Recommendation: Adopt Resolution No. 97- approving Minor Modification No. 3 Moorpark City Council Agenda Moorpark, California Page 9 January 15, 1997 10 . PRESENTATIONS/ACTION/DISCUSSION: (Continued) to Commercial Planned Development Permit 90-2 for a master sign program which allows signs to exceed the requirements of the sign chapter of the Zoning Code. * 0. Consider Traffic Signal and Intersection Design at Moorpark Road and Tierra Rejada Road. Staff Recommendation: Direct staff to proceed with a project for the modification of the intersection as described in Alternate "D" in the staff report. * P. Consider Expansion of Library Parking Lot. Staff Recommendation: 1) Approve the expansion of the library parking as described in the staff report and authorize an advance payment to the County of Ventura for said work; 2) Direct staff to assist the County of Ventura and its contractor in the development of the County' s construction contract Change Order authorizing this work; 3) Direct staff to prepare and present to the City Council (or MRA) at a future meeting, an amendment to the budget funding these improvements . Q. Consider Approval of the Granting and Acceptance of Certain Deeds Required for the Transfer of Certain Properties from the Mountain Meadows Community Association (MMCA) to the City (PC-3) . Staff Recommendation: 1) Approve Certificates of Acceptance for Deeds A and B conveying certain property from the MMCA to the City, and direct the City Clerk to forward these deeds and certificates to the County of Ventura for recordation upon receipt of letters of acceptance from the Buttercreek II HOA and the Willows II HOA for certain properties required to be conveyed to those HOAs; 2) Approve the Quitclaim Deeds (Deed "X" and Deed "Y") from the City to certain HOAs, for those portions of the parkway parcels conveyed to the City by the MMCA which are not situated on Tierra Rejada Road, authorize the Mayor to execute same and direct the City Clerk to transmit said deeds to the County of Ventura for recordation, upon receipt of letters of acceptance from the grantees; 3) Approve the Quitclaim Deed (Deed "Z") from the City to American Stores, Inc. , for that portion of Parcel "B-1" contiguous to the Lucky Shopping Center parking lot, authorize the Mayor to execute same and direct the City Clerk to transmit said deed to the County Moorpark City Council Agenda Moorpark, California Page 10 January 15, 1997 10 . PRESENTATIONS/ACTION/DISCUSSION: (Continued) of Ventura for recordation, upon receipt of a letter of acceptance from the grantee; 4) Direct staff to notify the Buttercreek HOA of the City' s intent to cease City maintenance of the parkway parcel owned by them, as more particularly defined in Section "D" of the staff report. R. Consider Enacting Regulations Pertaining to the Parking of Oversized Vehicles on Residential Streets . Staff Recommendation: Should the City Council wish to proceed with the establishment of parking restrictions for oversize vehicles; it is recommended that the City Council take the following actions : 1) review and revise as deemed necessary, the language set forth in the draft ordinance; 2) introduce said Ordinance for first reading; and, 3) direct staff to prepare a resolution establishing procedures for the issuance of parking permits for oversize vehicles, to be presented to the City Council for consideration within sixty (60) days . S . Consider Change to Rules of Procedure. T. Consider Compensation Adjustment for the Deputy City Manager and Public Works Director During Vacancy in Director of Community Services Position. Staff Recommendation: Approve an additional 72 hours of administrative leave for Richard Hare, Deputy City Manager, and 48 hours of administrative leave for Ken Gilbert, Public Works Director, with use consistent with the staff report . 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) 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 - 7) Moorpark City Council Agenda Moorpark, California Page 11 January 15, 1997 12 . CLOSED SESSION: (Continued) 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 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 January 15, 1997, at 7 : 00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on January 10, 1997 at a conspicuous location near the place of the meeting: Moorpark Community Center 799 Moorpark Avenue Moorpark, California 1(?L Dorothi . Vandaveer, CMC Deputy City Clerk Dated: June 20, 1997