HomeMy WebLinkAboutAGENDA 1997 0702 CC REG 1
%
Cl(bz4
g
Ordinance No. 234
-* 141VP2 Resolution No. 97-1338
0,0
CITY COUNCIL
c:1
Jov" REGULAR MEETING AGENDA
WEDNESDAY, July 2, 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:
5. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
6. PUBLIC COMMENT:
7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
8. PUBLIC HEARINGS:
A. Consider Zoning Ordinance Amendment No. 97-02 to Establish
Permit Processes from Businesses 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
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
July 2, 1997
Page 2
8. PUBLIC HEARINGS: (Continued)
amending the Zoning Code (Zoning Ordinance 97-02)
establishing permit processes for businesses selling
alcoholic beverages in the City. NEW STAFF RECOMMENDATION:
1) Determine that the modifications to the City' s Zoning
Ordinance are categorically exempt pursuant to State CEQA
Guidelines Section 15061 (b) (3) ; 2) Adopt Ordinance No.
amending the Zoning Code as Amendment No. 97-02 to
establish permit processes and conditions for businesses
selling alcoholic beverages; 3) Adopt Resolution 97-
Rescinding Resolution No. 95-1170 and also rescinding
previous City Council Policy No. 35 relating to Food
Service and Liquor Sales Guidelines, adopted April 19,
1989, and amending Resolution No. 95-1135 to provide an
exception for Planning Commission review and
recommendations of Conditional Use Permits for sale. of
alcoholic beverages. (CONTINUED FROM JUNE 18, 1997) (PUBLIC
HEARING IS CLOSED)
B. 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: Continue this item to July 16, 1997 .
9. PRESENTATIONS/ACTION/DISCUSSION:
A. Consider Allowing Initiation of 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 Acre Minimum) to 1-2 (Medium
Industrial) and Zone Change from RE-1 Acre (Rural Exclusive
1 Acre Minimum) to M-2 (Limited Industrial (Shenkel and
Tanner) . (CONTINUED FROM 6/18/97)
City Council Agenda
July 2, 1997
Page 3
9. PRESENTATIONS/ACTION/DISCUSSION: (Continued)
* B. Consider Calling an Election on November 4, 1997 to Replace
Revenues Which Will be Lost with the Implementation of
Proposition 218 . Staff Recommendation: Adopt Resolution
No. 97- calling and giving notice of a special election,
and Resolutions 97- , 97- , aid 97- approving
associated actions necessary to the conduct of the
election. (CONTINUED FROM 6/18/97)
* C. Consider Approval of the Preferred Alternative Design
Concept for the Construction of Certain Drainage
Improvements Required for the Gabbert Canyon and Walnut
Canyon Watersheds, and Authorization for the City Manager
to Proceed, if Necessary, with Efforts to Develop a
Financing Program for Said Project. Staff Recommendation:
1) Approval of the selection of design Alternate B for the
construction of certain drainage facility improvements for
the Gabbert Canyon and Walnut Canyon Watersheds; 2)
Authorization for the City Manager to approve certain City
efforts to work with the VCFCD on the development of the
financing mechanism for the proposed project, provided that
all "out-of-pocket" City costs are funded by the VCFCD.
(CONTINUED FROM 6/18/97)
D. Consider Appointments to the Moorpark Teen Council .
E. Consider Funding for Tennis Courts. Staff Recommendation:
That the City Council approve a loan from the General Fund
in the amount of $176, 000 to the Community Park Zone to
construct four lighted tennis courts and direct staff to
solicit bids to perform said work consistent with the steps
identified in the staff report.
F. Consider Administrative Permit No. 97-11 (Sofsky) to Allow
On-Site Alcoholic Beverage Sales in Conjunction With a
Restaurant (Secret Garden) at 255 East High Street. Staff
Recommendation: Adopt Resolution No. 97- approving
Administrative Permit No. 97-11.
* G. Consider Senior Center Expansion. Staff Recommendation:
Direct staff to solicit bid proposals for the design of the
Senior Center expansion and return to the City Council for
award of the contract.
* Items deemed by the City Manager to be high priority.
City Council Agenda
July 2, 1997
Page 4
9. PRESENTATIONS/ACTION/DISCUSSION: (Continued)
H. Consider Approval of Minor Modification No . 1 to Tentative
Tract Map Nos . 4975, 4976, 4977, and 4980, Regarding
Specific Plan 92-1 (Carlsberg Specific Plan) on the
Application of Lennar Homes for: a Minor Shifting of, and
Minor Elevation Changes of Lots Ranging from Two to Five
Feet, and for a Redesign of the Neighborhood Entries to
Include Gated Entries. Staff Recommendation: Adopt
Resolution No. 97- approving Modification No. 1 to
Tentative Tract Map Nos . 4975, 4976, '4977, and 4980 .
* I . Consider Adopting Resolution No. 97- , Amendment to the
FY 1997/98 Budget to Resurface the Basketball Courts at
Campus Canyon and Glenwood Parks . Staff Recommendation:
That the City Council adopt Resolution No . 97- ,
amending FY 1997/98 budget and appropriating $2, 625 to
resurface the Campus Canyon Park basketball court and
$2, 800 to resurface the Glenwood Park basketball courts.
(ROLL CALL VOTE REQUIRED)
* J. Consider Approval of the Use of Cast-In-Place Pipe for
Certain Storm Drains to be Constructed in Tract 4973 .
Staff Recommendation: Approval of the request to use CIPP
for designated portions of the storm drain construction,
provided that the plans and specifications for such work
are approved by the City Engineer and an Amendment to the
Settlement Agreement between Carlsberg and the City is
mutually approved which fully addresses this proposed
action and related payment to the City.
* K. Consider Approval of Conceptual Design for Casey Road.
Staff Recommendation: Approve the proposed street design
for Casey Road street improvements to serve the school
property, as set forth in the staff report.
L. Consider Report Pertaining to Proposed Extension of the
Median Island for the East Leg of the Intersection of
Moorpark Road and Tierra Rejada Road. Staff
Recommendation: Receive and file the report .
City Council Agenda
July 2, 1997
Page 5
9. PRESENTATIONS/ACTION/DISCUSSION: (Continued)
M. Consider Reconsideration of Approval of Minor Mod No. 5 to
Major Mod. 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.
Reconsideration of Vote on Approval of Minor Mod. No. 5 to
Major Mod. 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.
* N. Consider Setting Date to Consider Fiscal Year 1997/199'8 _ ,
Goals and Objectives: Staff Recommendation: Set date.
10. CONSENT CALENDAR:
A. Consider Approval of Minutes of the Special Meeting of the
City Council of May 21, 1997 .
Consider Approval of Minutes of the Adjourned Regular
Meeting of the City Council of May 28, 1997 .
Consider Approval of Minutes of the Regular Meeting of the
City Council of June 4, 1997 .
Consider Approval of Minutes of the Special Meeting of
June 4, 1997 .
Consider Approval of Minutes of the Special Meeting of the
City Council of June 7, 1997 .
Consider Approval of Minutes of the Special Town Hall
Meeting of the City Council of June 7, 1997 .
Consider Approval of Minutes of the Special Meeting of the
City Council of June 11, 1997 .
Staff Recommendation: Approve the minutes as processed.
City Council Agenda
July 2, 1997
Page 6
10. CONSENT CALENDAR: (con' t)
B. Consider Approval of Warrant Register.
Fiscal Year 1997798 :
Regular Warrants 34053 - 34058 - V,
34059 - 34061 - D $ 7, 247 . 76
Fiscal Year 1996/97 :
Manual Warrants 33836, 33948-33953
Voided Warrant 33766
Regular Warrants 33954 - 34025 - V,
34026 - 34052 - D $ 306, 381.40
Staff Recommendation: Approve the Warrant Register.
C. Consider Resolution No. 97- a) Amending Resolution No.
94-1021 Pertaining to Restricted Parking on Poindexter
Avenue and b) Establishing Certain Additional Parking
Restrictions on Gabbert Road. Staff Recommendation: Adopt
Resolution No. 97- amending Resolution No. 94-1021
pertaining to parking restrictions on Poindexter Avenue and
establishing certain new parking restrictions on Gabbert
Road.
D. Consider Bids for the Retrofitting of Storm Drain Inlets at
Certain Locations Throughout the City and the Adoption of
Resolution 97- Amending the Budget for FY 1997/98 to
Fund Said Project. Staff Recommendation: 1) Award a
contract to CNM Paving, Inc. In the amount of $33, 333. 00
for the construction of the subject projects : 2) Approve a
construction contingency in the amount of $4, 000 for the
project and authorize the City Manager to approve
additional work, if required, for an amount not to exceed
ten percent of the contract; 3) Authorize the City Manager
to sign necessary contract documents; and, 4) Adopt
Resolution No. 97- approving an amendment to the FY
1997/98 budget to fund this project: from $0 to $41, 000
($41, 000 increase) , from the Gas Tax Fund (Acc. No.
240 . 801 . 8055. 000. 9903)
City Council Agenda
July 2, 1997
Page 7
10. CONSENT CALENDAR: (con' t)
E. Consider Resolution No. 97- Amending the Job
Classification Plan and Salary Plan by Incorporating Four
Positions Approved with the Fiscal Year 1997/1998 Budget
and the Position of Principal Planner. Staff
Recommendation: Approve Resolution No. 97- and direct
the City Manager to finalize the approved job descriptions.
F. Consider AB 1296 (Morrow) Skateboarding and AB 915 (Baugh)
Rollerblading - Hazardous Recreational Activities . Staff
Recommendation: That the City Council support AB 1296 and
AB 915 and direct the Mayor to write a letter to the
appropriate Legislative Committee expressing the City' s
position.
G. Consider the Use of $14, 991 Anticipated to be Received from
the Federal Bureau of Justice Assistance, (B. J.A. ) , Local
Law Enforcement Block Grant (LLEBG) Program. Staff
Recommendation: That the City Council consider the use of
LLEBG funds as submitted by the Advisory Committee, decide
on how to use the funds, and authorize staff to submit the
application by July 11, and initiate the program October 1,
1997 .
H. Confirm Provision of Performance Based Administrative Leave
for the City Manager, Deputy City Manager and Department
Heads . Staff Recommendation: 1) Approve one week of
potential administrative leave for the City Manager for
1997/98 and 1998/99, based on performance for 1997/98 and
1998/99; 2) Approve City Manager' s authority to approve one
week of administrative leave for 1997/98 and 1998/99 for
the Deputy City Manager and Department Heads.
I . Consider Resolution No. 97- Regarding Directing Planning
Commission to Provide a Recommendation Regarding Ordinance
Amendment Relating to Signs Within the City' s Public Right-
of-Way. Staff Recommendation: Adopt Resolution No. 97-
authorizing the initiation of proceedings to consider
amendments to revise the Zoning Ordinance for the purpose
of considering revisions to Chapter 17 . 40 of the Municipal
Code (Sign Requirements) , especially regarding signs within
the public right-of-way.
City Council Agenda
July 2, 1997
Page 8
10. CONSENT CALENDAR: (con' t)
J. Consider Approval of VISTA-East Cooperative Agreement .
Staff Recommendation: 1) Approve the Cooperative Agreement
among the cities of Moorpark, Simi Valley, Thousand Oaks
and VCTC for the Ventura Intercity Service Transit
Authority-East for FY 1997/98 pending final language
approval by the City Manager and City Attorney, and
authorize the Mayor to sign the Agreement on behalf of the
City; and 2) Decline the implementation of Saturday VISTA-
East service.
11 . ORDINANCES:
12 . CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Subdivision
(b) of Section 54956. 9 of the Government Code: (Number clf
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)
Moorpark LeClub, et al 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 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 July 2, 1997 at 7:00 p.m. in the Council Chambers of the
Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on June 27,
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.
/(1, 1_,- ) , / ,
Dorothy J.l^ aveer, Deputy City Clerk