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HomeMy WebLinkAboutAGENDA 1997 0416 CC REG PK ppPo���Z frightpal, _�� ` Ordinance No. 230 � • Resolution No. 97-1303 _" CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, APRIL 16, 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. Presentation to the Community Services Department from the Kiwanis Club of Moorpark. B. Introduction of New Employee, Blanca Garza. C. Introduction of New Employee, Nancy Burns. D. Recognition of May, 1997 as Clean Air Month. 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 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 16, 1997 Page 2 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: 7 . ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 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 7, 1997 . (CONTINUED ITEM) PUBLIC HEARING REMAINS OPEN. B. Consider a Request from A. Deewayne Jones, 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: Approve contingent upon pending receipt of Offer of Dedication of Development Rights in form approved by City Attorney. (Continued item) (PUBLIC HEARING IS CLOSED) 9. PRESENTATIONS/ACTION/DISCUSSION: * A. Consider Request from the Chamber of Commerce to Waive - • and/or Reduce Permit Fees and Co-Sponsor a Circus Event, May 27 and 28, 1997 . Staff Recommendation: That the City Council decline the request to co-sponsor the Circus Event, require the rental of barricades and cones, and bill for police at the current contract rates plus 15 percent, and the cost fo the Administrative Services Manager, plus 15 percent to assist in planning the event. * Items deemed by the City Manager to be high priority. City Council Agenda April 16, -1997 Page 3 9. PRESENTATIONS/ACTION/DISCUSSION: (Continued) B. ' Consider Approval of a Change to the Design for the Widening of Los Angeles Avenue West of South Condor Drive (Los Angeles Avenue - East) . Staff Recommendation: Direct the City Engineer to modify the preliminary design for the construction of street improvements along the subject segment of Los Angeles Avenue as described in the staff report. * C. Consider Approval of Comments on the Draft Negative Declaration Prepared by the County of Ventura for a County Project to Realign and Reconstruct Moorpark Road South of Tierra Rejada Road. Staff Recommendation: 1) Direct staff to prepare a letter to the County of Ventura providing comments on the subject document as summarized in the staff report; 2) Direct staff to include in said letter, a statement that the City supports the County' s preferred alignment: realignment of Moorpark Road to align with Spring Road. D. Consider Resolution No. 97- Directing the Planning Commission to Study, Set a Public Hearing and Provide Recommendation to the City Council Pertaining to Proposed Changes to Chapter 17 .20 (Uses by Zone) of the Moorpark Municipal Code City of Moorpark Zoning Ordinance (Zoning Ordinance Amendment No. 97-1) and Provide a Recommendation Regarding Elimination of Service Stations as a Conditional Use in M-1 and M-2 Zones. Staff Recommendation: Adopt Resolution No. 97- E. Consider 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 1DU/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) . Staff Recommendation: Authorize acceptance of the applications once existing violations of the Municipal Code on the property are corrected. City Council Agenda April 16, 1997 Page 4 9. PRESENTATIONS/ACTION/DISCUSSION: (Continued) F. 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. + G. Consider Resolution No. 97- Approving Minor Modification No. 2 to Development Plan Permit No. 296 on the Application of Spectra F/X - A Request for a Time Extension to a Temporary Use Permit Approved for a Low Speed Gliding Coaster at Spectra FIX, 200 Science Drive. Staff Recommendation: Adopt Resolution No. 97- approving an additional six months . H. Consider Request by Stephen R. Anderson and Paul D. Burns for the Initiation of a General Plan Amendment to Amend the Land Use Element of the General Plan on 43 . 32 Acres of Undeveloped Land West of Gabbert Road, North of the Southern Pacific Railroad (APN 500-34-22 and -23) from Ag-1 (Agricultural 1DU./10-40Acres) to I-2 (Medium Industrial) and Zone Change from AE (Agricultural Exclusive) to M-2 (Limited Industrial) . Staff Recommendation: 1) Direct that any General Plan Amendment for industrial uses be subject to preparation of a Specific Plan; 2) Authorize the .applicant to initiate and staff to process an application for General Plan Amendment and Specific Plan to change the Zoning and concurrently process a General Plan Amendment to amend the Land Use Element of the General Plan. I. Consider Proposed Land Use and Public Streetscape Improvements to be Analyzed in the Preparation of - Environmental Documents Proposed Downtown Specific Plan. Staff Recommendation: Approve revised proposed land uses and public streetscape improvements as identified in the Draft Downtown Specific Plan for analysis in the preparation of environmental documents and cost estimates. City Council Agenda April 16, 1997 Page 5 9. PRESENTATIONS/ACTION/DISCUSSION: (Continued) J. Consider a Request to Delete the Requirement for Onsite Detention Required by the Conditions of Approval for Tentative Parcel Map 5037 and 'IPD' s 96-1B and 96-2A through 96-2E (West America Corporation) . Staff Recommendation: 1) Modify the Conditions of Approval for Tentative Parcel Map 5037 and IPD' s 96-1B and 96-2A through 96-2E as stated in the staff report; 2) Direct staff to approve a Minor Modification to the subject approved IPDs and Parcel Map upon application of the developer and payment of any required fees. * K. Consider Resolution No. 97- Approving the Mitigated Negative Declaration and Adopting a Mitigation Monitoring Program for the Spring Road Bridge Replacement Project. Staff Recommendation: Adopt Resolution No. 97- approving the Mitigated Negative Declaration for the project and adopt the Mitigation Monitoring Program. * L. Consider Appointment of One or More Ad Hoc Committees to Meet with Moorpark Unified School District Board of Education Ad Hoc Committees. Staff Recommendation: Direct staff as deemed appropriate. * M. Consider Letter of Support for Moorpark Unified School District Grant Proposal for Joint Use Gymnasium at Chaparral Middle School . Staff Recommendation: Direct staff as deemed appropriate. 10. CONSENT CALENDAR: A. Consider Approval of Minutes of the Regular City Council Meeting of March 5, 1997 . Staff Recommendation: Approve the minutes as processed. B. Consider Approval of the Warrant Register. Manual Warrants 33243-33248 $ 4, 166. 95 Regular Warrants 33249-33337, 33338-33373 $ 534, 090. 68 . Staff Recommendation: Approve the Warrant Register. City Council Agenda April 16, 1997 Page 6 10. CONSENT CALENDAR: (Continued) C. Consider Approval of a Notice of Completion for the Moorpark Avenue/Spring Road Storm Drain and the Adoption of Resolution No. 97- Amending the Budget for Said Project to Reflect Projected Actual FY 1996/97 Project Costs . Staff Recommendation: 1) Accept the work as complete; 2), Instruct the City Clerk to file a Notice of Completion for the project; 3) Authorize the release of the retention upon satisfactory clearance of the thirty five (35) day lien period; and, 4) Adopt Resolution No. 97- approving a budget amendment to revise the appropriation and Budget amount for the subject project as follows: a) L. A. Avenue AOC (211 . 901 . 8011 . 000.9903) : from $516, 300 to $600, 000 ($83, 700 increase) ; b) Gas Tax (240. 801 .8011 .000. 9903) : from $182, 500 to $111, 000 ($71, 500 decrease) ; and, c) STA (241 .801 . 8011 .000. 9903) : from $127, 200 to $77, 000 ($50, 200 decrease) . D. Consider Matters Pertaining to a Contract for Miscellaneous Concrete Work at Various Locations : a) Rescinding Prior Action Awarding a Contract for Such Work; b) Awarding a Contract to the New Lowest Responsive Bidder; c) Amending the Contract Price to Include Certain Additional Work; and d) Adopting Resolution No. 97- Increasing the Budget Amount for Said Project. Staff Recommendation: 1) Declare the bid submitted by G. P. General Electric Company to be non-responsive and rescind the award of contract to said firm; 2) Award a contract to G.T. Equipment Company for said work, in the amount of $17, 842. 02; 3) Approve certain additional work increasing the contract amount to $22, 639.02; 4) Authorize the City Manager to approve additional work, if required, not to exceed $3, 395. 85; 5) Authorize the Mayor to sign necessary contract documents; and 6) Adopt Resolution No. 97- Increasing the project funding from the Gas Tax Fund, from $19, 000 to $25, 000 ($6, 000 increase) . E. Consider Resolution No. 97- Approving an Amendment to the FY 1996/97 Budget to Fund Actual Project Costs for a Project to Widen the West Side of Moorpark Avenue Just North of Poindexter Avenue (Account No. 203.801 .8015. 9903) (Local Transportation Fund) . Staff Recommendation: City Council Agenda April 16, 1997 Page 7 10. CONSENT CALENDAR: (Continued) Adopt Resolution No. 97- approving a budget amendment to increase the appropriation and budget amount for a project to widen Moorpark Avenue just north of Poindexter Avenue, from $43, 000 to $47, 000 ($4, 000 increase) , from the L. A. Avenue AOC (Account No. 211 . 901 . 8015. 000 . 9903) . F. Consider a Line Item Transfer for the Purchase of a Postage Folding Machine and Reappropriation of Funds in the General Fund, Community Development Fund and Gas Tax Fund. Staff Recommendation: Approve the proposed line item transfer from Improvements Other than Buildings to Office Equipment, as shown in the staff report, reappropriating the cost savings from phone upgrades, for the purchase of a mail folding machine. G. Consider the Purchase of Recreation Registration, Facility Scheduling, and League Scheduling Computer Software. Staff Recommendation: Approve the purchase of RecWare Recreation computer software, Activity Registration and Facility Reservation modules, at a cost not to exceed $6, 800, and authorize the City Manager to sign a yearly maintenance agreement on behalf of the City. H. Consider Award of a Contract for the Design and Implementation of an Emergency Response Exercise. Staff Recommendation: That the City Council award a contract for the design and implementation of an emergency response exercise to Caroline Pratt and Associates, Inc. at a cost not to exceed $4, 080, and authorize the City Manager to sign said contract on behalf of the City. I . Consider Approval of a Certificate of Acceptance for Certain Slope Easements South of Wicks Road. Staff Recommendation: Approve Certificates of Acceptance for certain access/maintenance easements across certain property located on the north side of Everett Street, granted by Mr. and Mrs. Cho, and direct the City Clerk to send said easements and certificates to the County Recorder for recordation. City Council Agenda April 16, 1997 Page 8 11. ORDINANCES: A. Consider Second Reading of Ordinance 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, D.D.S. Staff Recommendation: Approve second reading of Ordinance No. 226, pending receipt of Offer of Dedication of Development rights in form approved by City Attorney. B. Consider Second Reading of Ordinance 227 - An Ordinance of the City Council of the City of Moorpark, California, Amending the Moorpark Municipal Code by Adding Article IV, Chapter 9. 08 Relative to Unsanitary Urination and Defecation. C. Consider Second Reading of Ordinance 228 - An Ordinance of the Cit Council of the Cit of Moor•ark, California, Adding Article V to Chapter 10. 04 of Title 10 of the Moorpark Municipal Code to Provide for the Collection of Administrative Costs Relating to the Removal, Impound, Storage and Release of Impounded Vehicles. 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: Ali Z. Boukhari v. The City of Moorpark, Eloise Brown, Patrick Hunter, Bernardo M. Perez, Paul W. Lawrason Jr. , and John E. Wozniak. 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 City Council Agenda April 16, 1997 Page 9 12. CLOSED SESSION: (Continued) 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) . r 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 April 16, 1997, at 7 : 00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on April 11, 1997 at a conspicuous location near the place of the meeting: Moorpark Community Center 799 Moorpark Avenue Moorpark, California Dorothy ndaveer, CMC Deputy ity Clerk Dated: June 20, 1997