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HomeMy WebLinkAboutAGENDA 1997 0604 CC REG pp��i�92 Pm • .„ 1501 Ordinance No. 232 Arco Resolution No. 97-1323 o'�V CITY COUNCIL % / REGULAR MEETING AGENDA 99TEo .)`)` WEDNESDAY, June 4 , 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: 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: 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 4 , 1997 Page 2 8 . PUBLIC HEARINGS: A. Consider Extension of Urgency Ordinance No. 224 to Adopt an Urgency Ordinance Extending Ordinance No. 222 Which Expires on June 30, 1997, An Interim Zoning Ordinance Imposing a Moratorium on the Issuance of New Permits Relating to Alcoholic Beverage Sales in the City, with the Exception of the Downtown Specific Plan Area where Certain Standards Can Be Met. Staff Recommendation: Adopt Ordinance No. , extending Urgency Ordinance No. 222 declaring a moratorium on the issuance of alcoholic beverage licenses through the application of an Administrative Permit, with the exception of the Downtown Specific Plan area where certain standards can be met. (Requires a four-fifths vote. ) B. Consider Zoning Ordinance Amendment No. 97 . 02 to Consider an Amendment to the Zoning Ordinance Which Would Require a City Council Approved Conditional Use Permit for Any Business 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 as Amendment No. 97-02; requiring a Conditional Use Permit approved by the City Council for any business selling alcoholic beverages in the City. C. Consider 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 . Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; 2) (a) Accept the - Planning Commission recommendation not to proceed with Zoning Ordinance Amendment No. 97 .3, or (b) Determine that the modifications to the City' s Zoning Ordinance are categorically exempt pursuant to State CEQA Guidelines Section 15061 (b) (3) ; (c) Introduce first reading of an ordinance (included in the Planning Commission staff report amending the Municipal Code Section 17 .20. 060 to delete the use of automobile service stations with a Conditional Use Permit within the Industrial Park (M-1) and Limited Industrial (M-2) zoning districts; and, delete footnote "0" from Notes for Table 17 .20 . 060. City Council Agenda June 4 , 1997 Page 3 8. PUBLIC HEARINGS: (Continued) D. Consider Adoption of a Resolution Approving General Plan Amendment No. 96-3 to Amend the Land Use Designations from Medium Low, Open Space 2, and Public/Institutional, to Rural Low, and Introduction of Ordinance No. 223 for Second Reading to Revise the Zoning from Residential Planned Development 1 . 63 Dwelling Units Per Acre, Open Space, and Institutional, to Rural Exclusive 5 Acres . Staff Recommendation: 1) Adopt Resolution No. 97- , approving General Plan Amendment No. 96-3 to revise the land use designations for the 655-acre property referred to as Vesting Tentative Tract Map No. 4928; 2) Second reading and adoption of Ordinance No. 223 to change the zoning for a 655-acre site referred to as Vesting Tentative Tract No. 4928 from Residential Planned Development 1 . 63 Dwelling Units Per Acre Open Space, and Institutional to Rural Exclusive 5 Acres . E . 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 . F. 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. 9. PRESENTATIONS/ACTION/DISCUSSION: * A. Consider the 6. 5 Acre Park Proposed in Carlsberg Specific Plan. Staff Recommendation: City Council approve Carlsberg Park Conceptual Design C with the modifications identified in the staff report and provide any additional design changes . * Items deemed by the City Manager to be high priority. City Council Agenda June 4 , 1997 Page 4 9. PRESENTATIONS/ACTION/DISCUSSION: (Continued) * B. Consider Request for Bid Proposal for the Addition of an Office and Counter at Arroyo Vista Recreation Center. Staff Recommendation: The Public Works, Facilities, and Solid Waste Committee and staff recommend that the City Council approve the conceptual design for Arroyo Vista Recreation Center office and counter space improvements and authorize staff to solicit and evaluate bid proposals. C. Consider Budget Amendment to Appropriate Funds for Residential Appraisals to Determine Conflict of Interest Relative to the Political Reform Act Regarding Pacific Communities Builder Project (Tentative Tract 505-3, GPA 96- 2, RPD 96-1, Zone Change 96-2) , Security Capitol Trust Project (pre-application requesting filing of a GPA and Zone Change) ; and Iskan Liberty Development (Gas Station/Car Wash at Liberty Bell and Los Angeles Avenue. Staff Recommendation: Adopt Resolution No . 97- appropriating $3, 000 from General Fund Reserves to 100 . 100 . 0000 . 000. 9116 for residential appraisals for Councilmembers Evans and Teasley' s homes. (ROLL CALL VOTE) * D. Consider Report from the Library Services Agency Technical Subcommittee. Staff Recommendation: Support the Technical Subcommittee' s recommendation. * E. Consider Directing Staff to Administer an Election, Pursuant to the Requirements of Propositions 218, for the Purpose of Determining if the Property Owners Within Tract 4147 (Villa Campesina) Are in Support of Payment of an Assessment to Fund Future City Maintenance Costs for Campesina Park. Staff Recommendation: 1) Direct staff to request advance payment of $1, 000 from Cabrillo Economic Development Corporation (CEDC) to fund City costs to - administer an election in accordance with the requirements of Proposition 218; 2) Direct staff to administer said election, for the purpose of determining if the property owners within Tract 4147 (Villa Campesina) are in support of payment of an assessment to fund future City maintenance costs for Campesina Park, when and if this advance deposit is received; 3) Direct the CEDC to include in the Phase I park improvements to be constructed by them, the installation of security lighting. City Council Agenda June 4 , 1997 Page 5 9. PRESENTATIONS/ACTION/DISCUSSION: (Continued) * F. Consider Formation of a Mobilehome Park Rent Stabilization Ordinance Review Committee. Staff Recommendation: Form committee. * G. Consider Request to Authorize Mayor to Send Letter to Ventura County Flood Control Requesting the County of Ventura Flood Control District (VCFCD) to Initiate Action by Board of Supervisors to No Longer Require Reservation of Right of Way for Army Corps of Engineers Project on 35.23 Acres on the South Side of Los Angeles Avenue in the Vicinity of Maureen Lane and Goldman Avenue (Residential Planned Development No. 96-1, and Tentative Tract Map No. 5053) . Staff Recommendation: Authorize Mayor to send a letter to Ventura County Flood Control requesting Ventura County Flood Control to initiate action by the Ventura County Board of Supervisors to no longer require reservation of additional right-of-way (Designated Watercourse Calleguas Creek (Arroyo Simi) ) for U.S . Army Corps of Engineer' s project based on the fact it is unlikely the U.S. Army Crops of Engineers project would be constructed in addition to the proposed County project. H. Consider Lot Line Adjustment No. 97-1 on the Application of Iskan-Liberty Development to Modify the Property Line Between Lots A and B at the Southwest Corner of Liberty Bell Road and Los Angeles Avenue, Assessors Parcel No. 506- 0-050-365 and 37.5. Staff Recommendation: Approve Lot Line Adjustment No. 97-1 . * I . Consider Loan Assumption - LeClub Apartment (City of Moorpark Variable Rate Demand Multi-Family Housing Refunding Revenue Bonds 1992 Series A) . Staff Recommendation: 1) Approve Resolution No. 97- entitled - "A Resolution Authorizing Amendment of the Indenture and Various Other Documents Relating to the City of Moorpark Variable Rate Demand Multi-Family Housing Refunding Revenue Bonds (Le Club Apartments Project) 1992 Series A"; and 2) Authorize the City Manager or his/her designate at the request of Bond Counsel to make technical changes to the financing documents as may be requested prior to the transfer. City Council Agenda June 4 , 1997 Page 6 9. PRESENTATIONS/ACTION/DISCUSSION: (Continued) J. Consider Citizen Recognition Event - Report from Ad Hoc Council Committee . Staff Recommendation: 1) Approve the event as outlined in the staff report; 2) Designate the Ad Hoc Citizens Recognition Committee or another Committee selected by the Council to select the special award winners . K. Consider Appointment for an Alternate Board Member for the Economic Development Collaborative - Ventura County. Staff Recommendation: That the Moorpark City Council appoint an alternate to the Board of the Economic Development Collaborative - Ventura County. L. Consider Council Rules of Procedure Resolution 96-1210, Subsections 9 and 10 of Section 6 Regarding Appointment Policy for Citizen Appointments to Boards, Commissions and Committees . M. Consider Appointment of an Ad Hoc Council Committee to Establish a Public Customer Service Program. 10. CONSENT CALENDAR: A. Consider Approval of Minutes of the Regular Meeting of the City Council of May 7, 1997 . Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register. Manual Warrants 33520, 33700-33703 $ 22, 177 . 48 Regular Warrants 33704-33731 33732-33829 $251, 225. 95 Staff Recommendation: Approve the Warrant Register. C. Consider Bids for the Construction of Pavement and Drainage Improvements on Maureen Lane, Bonnie View Street and the Alleys South of First Street. Staff Recommendation: 1) Award a contract to CNM Paving, Inc. in the amount of $301, 135 . 60 for the construction of the subject projects; City Council Agenda June 4 , 1997 Page 7 10 . CONSENT CALENDAR: (Continued) 2) Approve a construction contingency in the amount of $30, 114 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 . D. Consider Bids for the Construction of Slope, Pavement and Drainage Improvements on Wicks Road and on Valley Road. Staff Recommendation: 1) Adopt Resolution No. 97- approving a budget amendment to reduce the appropriation and budget amounts from City sources for the subject projects an aggregate amount of $69, 000; 2) Award a contract to Berry General Engineering, Inc. In the amount of $147, 231 . 19 for the construction of the subject projects; 3) Approve a construction contingency in the amount of $14, 769 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; 4) Authorize the City Manager to sign necessary contract documents. (ROLL CALL VOTE) E. Consider Directing Staff to Discontinue Efforts Necessary to Establish a Speed Hump Program. Staff and the Transportation and Streets Committee Recommendation: Direct staff to discontinue efforts necessary to establish a Speed Hump Program. 11 . ORDINANCES: A. Second Reading of Ordinance No. 230 - An Ordinance of the City Council of the City of Moorpark, California, Amending Section 2 .12 . 100 B (City Manager' s Removal from Office) of the Municipal Code of the City of Moorpark to Define - Severance Pay Limitations 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) 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) City Council Agenda June 4 , 1997 Page 8 12 . CLOSED SESSION: (Continued) 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) 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 4, 1997 at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on May 30, 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. n aveer, Deputy City Clerk