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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