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HomeMy WebLinkAboutAGENDA 1997 0903 CC REG jiff °42 Ordinance No. 238 Resolution No. 97-1374 CITY COUNCIL REGULAR MEETING AGENDA °49 rep may WEDNESDAY, SEPTEMBER 3, 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. City Manager' s Monthly Report. B. Recognition of Downtown Specific Plan Citizens Advisory Committee. 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 September 3, 1997 Page 2 8. PUBLIC HEARINGS: A. Consider Request from A. Deewayne Jones, D.D.S . , for Approval of Commercial Planned Development Permit No. 96-3, Tentative Parcel Map No. 5056 and Conditional Use Permit No. 96-2 on a Four Acre Parcel Located Contiguous with the Southwest Quadrant of Mission Bell - Phase 2 (Assessor' s Parcel No. 511-14-13) . Staff Recommendation: 1) Open the public hearing and accept public testimony; 2) Review, consider and approve the Mitigated Negative Declaration; 3) Review, consider and approve the proposed mitigation monitoring program; 4) Make the appropriate findings; 5) Require Transportation System Management (TSM) contribution be made in the amount of $143, 067 .24; and 6) Adopt Resolution No. 97- approving Commercial Planned Development Permit No. 96-3, Conditional Use Permit No. 96- 2 and Tentative Parcel Map No. 5056. 9. PRESENTATIONS/ACTION/DISCUSSION: A. Consider the Reappropriation of Unspent Fiscal Year 96/97 Supplemental Law Enforcement Services Fund Grant Monies in the Amount of $34, 933. 13. Staff Recommendation: Adopt Resolution No. 97- amending the FY 97/98 budget in the amount of $34, 933.13 for expenses related to the balance of the Fiscal Year 1996/97 Supplemental Law Enforcement Services Fund grant as held in the General Fund (Fund 100) . (CONTINUED ITEM) (ROLL CALL VOTE REQUIRED) B. Consider Resolution No. 97- Relative to the Purchase of Two Digital Cellular Phones. Staff Recommendation: Approve Resolution No. 97- using $800 from the General Fund Reserve for the purchase of two cellular phones . (CONTINUED ITEM) (ROLL CALL VOTE REQUIRED) C. Consider Reconsideration of Commercial Planned Development Permit 96-2 Minor Modification No. 2 for Approval of a Sign Program for Blockbuster Video and Starbucks Coffee (San Pedro Signs) , Located at the Northeast Corner of Los Angeles Avenue and Spring Road. Reconsideration of Vote on Commercial Planned Development Permit 96-2 Minor Modification No. 2 for Approval of a Sign Program for Blockbuster Video and Starbucks Coffee (San Pedro Signs) , Located at the Northeast Corner of Los Angeles Avenue and Spring Road. City Council Agenda September 3, 1997 Page 3 9. PRESENTATIONS/ACTION/DISCUSSION: (Continued) D. Consider Approval of Minor Modification No . 2 to Planned Development Permit No. 1055 Located at 216 Moorpark Avenue on the Application of Community Christian Church to Allow for Church Uses of the Entire Building with the Exception of the Area Currently Leased by the California Highway Patrol and Authorization to Allow 50% of the Required Parking Requirement to be Located Off-Site. Staff Recommendation: Approve Resolution No. 97- conditionally approving Minor Modification No. 2 to Planned Development Permit No. 1055. E. Consider Appeal 97-2 (Bill Tanner/Madelaine Shenkel) : Appeal of Determination by the Director of Community Development that a Planned Development Permit is Required for a Proposed Contractors Service and Storage Yard on a Vacant Undeveloped Property Located on the South Side of Los Angeles Avenue, West of Nogales Avenue (APN 513-0-024- 105) . Staff Recommendation: Deny the appeal of the determination of the Director of Community Development for a Planned Development Permit and also deny the requested refund. F. Consider Request of Holy Cross Church for Police Support During Special Events, and Waiver of Fees . Staff Recommendation: Approve an application of rates for the Holy Cross Church special events which consist of the applicable current costs to the City plus fifteen percent, and include both planning the event and staffing the events. G. Consider Setting Public Hearing Date for Ordinance No. , Establishing a Development Fee for Library Facilities . Staff Recommendation: Introduce the proposed Ordinance No. for first reading and set the public hearing date of September 17 to receive testimony and conduct the second reading. H. Consider Interim Policy to Allow Director of Community Development to Approve Minor Exceptions from the Code for Allowing a Ten Percent Reduction in the Required Lot Size for a Second Dwelling Unit. Staff Recommendation: 1) Approve the reduction in lot size to allow for the second dwelling unit and authorize the Director of Community Development to approve a minor exception and a new Administrative Permit without further Council review; City Council Agenda September 3, 1997 Page 4 9. PRESENTATIONS/ACTION/DISCUSSION: (Continued) 2) Approve an interim policy for 5% reduction in lot area for second dwelling units, in addition to the existing policy of allowing the Director of Community Development to approve a decrease/increase of up to ten percent (10%) for required minimum setback, lot coverage and wall heights upon making findings of good cause. I . Consider Resolution No. 97- Relative to Bids for Construction of Intersection Improvements at Moorpark Road and Tierra Rejada Road. Staff Recommendation: 1) Award a contract to Taft Electric in the amount of $6, 469. 30; 2) Approve a construction contingency in the amount of $1, 333; 3) Authorize the City Manager to sign necessary contract documents; and 4) Adopt Resolution No. 97- appropriating funds for construction in FY 1997/98 as follows: Tierra Rejada Road/Spring Road AOC Account (Account No. 211. 900. 8039.000.9903) from $0 to $8, 000 ($8, 000 increase) . (ROLL CALL VOTE REQUIRED) 10. CONSENT CALENDAR: A. Consider Approval of Minutes of the Regular City Council Meeting of July 2, 1997 . Consider Approval of Minutes of the Regular City Council Meeting of July 16, 1997 . Staff Recommendation: Approve the minutes as processed. B. Consider Approval of the Warrant Register. Fiscal Year 1996/97 Regular Warrants 34481-34482 - D; 34483-34492 - V $206, 030. 10 Fiscal Year 1997/98 Manual Warrants 34325, 34327, 34470-34480 $ 6, 592 .37 Voided Warrant 34246 (675. 58) Regular Warrants 34493-34528 - D; 34529-34598 - V $448, 768 .78 Staff Recommendation: Approve the Warrant Register. City Council Agenda September 3, 1997 Page 5 10 . CONSENT CALENDAR: (Continued) C. Consider Approval of the Los Angeles Avenue East Preliminary Design and Authorization to Proceed with Right- Of-Way Acquisition. Staff Recommendation: 1) Approve the preliminary design for improvements to Los Angeles Avenue East; 2) Authorize staff to proceed with right of way acquisition; 3) Authorize staff to proceed with the preparation of the final design following final determination of right-of-way needs . D. Consider Notice of Completion for Park Lane Signal. Staff Recommendation: 1) Accept the work as complete; 2) Instruct the City Clerk to file a Notice of Completion for the project; and, 3) Authorize the release of the retention upon satisfactory clearance of the thirty five (35) day lien period. E. Consider Amicus Support in Green v. City of Los Angeles (delayed submittal of discrimination claims and whether a relevant labor pool must include persons who do not meet the minimum qualifications of the job) . Staff Recommendation: Join the amicus. F. Consider Resolution No. 97- Establishing Parking Restrictions in the Parking Lot Located at the North End of the Arroyo Vista Community Park Access Bridge. Staff Recommendation: Adopt Resolution No. 97- prohibiting parking in the parking lot near the north end of the Arroyo Vista Community Park Access Bridge, between the hours of 10: 00 p.m. and 6: 00 a.m. G. Consider Resolution No. 97- Supporting Fair Water Transfer Agreements . Staff Recommendation: Adopt Resolution No. 97- H. Consider Resolution No. 97- Increasing the Budget Amount for Miscellaneous Concrete Work and Filing a Notice of Completion. Staff Recommendation: 1) Accept the work as complete; 2) Adopt Resolution No. 97- increasing the project funding from the Gas Tax Fund, from $25, 000 -Co $27, 000 ($2, 000 increase) ; 3) Instruct the City Clerk to file a Notice of Completion for the project; and, 4) Authorize the release of the retention upon satisfactory clearance of the thirty-five (35) day lien period. City Council Agenda September 3, 1997 Page 6 10. CONSENT CALENDAR: (Continued) I . Consider Resolution No. 97- Establishing Certain Parking Restrictions on Moorpark Avenue South of Los Angeles Avenue. Staff Recommendation: Adopt Resolution No . 97- directing the placement of certain traffic signs on Los Angeles Avenue and New Los Angeles Avenue to read "SLOW TRAFFIC KEEP RIGHT" . J. Consider AYSO Request for Additional Storage. Staff Recommendation: Approve AYSO' s request for a second 20 cubic yard storage bin. K. Review July 3rd Fireworks Event Evaluation. Staff Recommendation: Receive and file the Committee recommendations and direct staff to present final recommendations for the 1998 fireworks event at the November 19 City Council meeting. 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 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) Moorpark LeClub, et al vs. The City of Moorpark D. 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 City Council Agenda September 3, 1997 Page 7 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 , 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 on Wednesday, September 3, 1997 at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue,Moorpark, California, was posted on August 29, 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 August 29, 1997. l r , 2Q��9yz /Doothy J.4-c-a-ti veer, Deputy City Clerk