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HomeMy WebLinkAboutAGENDA 1997 1217 CC REG OPil4M11144.4. 441111mr Amer. Ordinance No. 241 -11.1*441111 litt% Resolution No. 97-1409 n WSWo o CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, DECEMBER 17, 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. Introduction of New City Employees, John Brand, Erik Dombroski, Wayne Loftus, Rachele Loosbrock, Stephen Kearns B. "Immunization Registry Community Outreach Month - December 1997" Proclamation C. Recognition of Musketeers Varsity Football Team as Frontier League Champions D. Recognition of Planning Commissioner Paul Norcross E . City Manager' s Monthly Report. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: AT THIS POINT IN THE MEETING THE COUNCIL WILL RECESS TO CONVENE THE REDEVELOPMENT AGENCY. 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 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 December 17, 1997 Page 2 6. PUBLIC COMMENT: 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 8. PUBLIC HEARINGS: A. Consider Approval of Industrial Planned Development No. 97-3 on the application of Sunbelt Properties (Fred Kavli) for construction of a 42, 146 square foot industrial building located on the west side of Los Angeles Avenue directly west of the Cabot, Cabot and Forbes "Moorpark Business Center" near it' s southern intersection with Condor Drive (Assessor' s Parcel No. 513-010-215 Staff Recommendation: Open the public hearing and accept public testimony; review and consider the information in the Initial Study, Mitigated Negative Declaration; review and consider the proposed Mitigation Monitoring Program; make the appropriate findings; and adopt Resolution No. 97- approving Industrial Planned Development Permit No. 97-3 . B. Consider Approval of Major Modification No. 1 to Commercial Planned Development (CPD) Permit No. 95-1 for approval of a modification of the approved project for two single story buildings including a 9, 450 square foot child care facility and a 16, 730 square foot Rite Aid Drug and Major Modification No. 1 to Tentative Tract Map (TT) No. 5001 for a reduction from three (3) to two (2) lots on the application of Marketplace Partners 3, L.P. on property located at the northwest corner of Tierra Rejada Road and Spring Road in the City of Moorpark, Assessor' s Parcel Nos. 500-0-350-535, 545 and 555. Staff Recommendation: Open the public hearing and accept public testimony; determine that the contents in the Mitigated Negative Declaration/Initial Study prepared for CPD 95-1 and PM 5001 have been considered in the various decisions on the proposed major modification to the requested entitlements and that the impacts of the Major Modification are the same as for CPD 95-1 and PM 5001 and that a subsequent use of the environmental document is warranted; make the appropriate findings; and approve Resolution No. 97- approving Major Modification No. 1 to Commercial Planned Development 95-1 and Tentative Parcel Map No. 5001 and rescinding Resolution No. 96- 1024 . City Council Agenda December 17, 1997 Page 3 9. PRESENTATIONS/ACTION/DISCUSSION: * A. Consider a Memorandum of Understanding for the Ventura County Library System and Designate Councilmembers to Serve as Representative and Alternate (s) to the Library Service Commission. Staff Recommendation: 1) Approve the City' s participation in the Ventura County Library System Memorandum of Understanding 2) Authorize the Mayor to sign the MOU pending final language changes by the City Manager; and 3) Select one Councilmember to serve as the City' s representative to the Library Commission and a Councilmember to serve as the first alternate, and designate the remaining three Councilmembers as third alternates . B. Consider Resolution No. 97- Rescinding Resolution No. 96-1260, Updating Solid Waste Collection Fees . Staff Recommendation: 1) Approve the solid waste collection fees effective January 1, 1998, increasing the monthly residential base rate by $0 .21, increasing the residential Senior/Super Recycler discounted rate by $0 . 16, and increasing the commercial bin rates by the amounts specified in attachment "A" of the staff report; and 2) Adopt Resolution No. 97- , rescinding Resolution No. 96-1260, approving the solid waste collection fees and updating Exhibit G of the Franchise Agreements, effective January 1, 1998 . C. Consider Approval of Minor Modification No. 3 to Commercial Planned Development Permit No. 96-2 (Moorpark Caymus) for a proposed outside patio with seating at the Starbucks Coffee located at 561 New Los Angeles Avenue (APN 512-0-180-100) . Staff Recommendation: Adopt Resolution No. 97- approving Planned Development Permit No. 943 Minor Modification No. 3. D. Request for Authorization to initiate General Plan Amendment and Zone Change Applications Under Preapplication No. 97-1 by West Pointe Homes to Amend the General Plan Land Use Map on a Portion of 350 acres from RL (Rural Low) to Low Density and Zone Change from RE-5AC to Accommodate the Building of 350 Homes using Density Transfer in Accordance with Section 17 .38 . 060 of the Municipal Code on Property Located West of Walnut Canyon Road and Approximately 11 Mile North of Casey Road (Assessor Parcel Nos. 500-0-260-025, -045, -085; and * Items deemed by the City Manager to be high priority. City Council Agenda December 17, 1997 Page 4 500 . 0.270 . 050, -090, -140, -155, and -165 - site of Vesting Tentative Tract Map No. 4620) Staff Recommendation: Not authorize initiation on applications to change Land Use Designation of the General Plan and Zoning until such time that the City considers a comprehensive update of the General Plan. 10. CONSENT CALENDAR: A. Consider Approval of Minutes of the Regular City Council Meeting of October 15, 1997 . Consider Approval of Minutes of the Special City Council Meeting of November 5, 1997 . Consider Approval of Minutes of the Regular City Council Meeting of November 5, 1997 . Consider Approval of Minutes of the Special City Council Meeting of November 12, 1997 . Consider Approval of Minutes of the Special City Council Meeting of November 19, 1997 . Consider Approval of Minutes of the Regular City Council Meeting of November 19, 1997 . Consider Approval of Minutes of the Special City Council Meeting of November 26, 1997 . Staff Recommendation: Approve the minutes as processed. B. Consider Approval of Warrant Register of December 3, 1997 . Fiscal Year 1997/98 Manual Warrants 30077 - 30216 28 . 00 40154 - 40156 $ 3, 132 . 66 Voided Warrants 34491 $ 11, 000 . 00 Regular Warrants 40157 - 40192 - D $ 372, 560 . 11 40193 - 40260 - V $ 63, 382 .26 Staff Recommendation: Approve the Warrant Registers . City Council Agenda December 17, 1997 Page 5 C. Consider Approval of Warrant Register of December 17, 1997 . Fiscal Year 1997/98 Manual Warrants 40261 - 40268 $ 14, 027 . 76 Regular Warrants 40269 - 40292 - D $ 26, 077 . 77 40293 - 40355 - V $ 118, 198 . 56 Staff Recommendation: Approve the Warrant Registers . D. Consider Adoption of Resolution No. 97- Rescinding Resolution No. 97-1276 and Adopting Revised Rules of Procedure. Staff Recommendation: Adopt Resolution No. 97- rescinding Resolution No. 97-1276 and revising the Council Rules of Procedure after determining whether to include (1) revisions to the order of business relative to Public Comment and Reordering of, and Additions to, the Agenda; and (2) revising the format for special meeting agendas to be consistent with regular meeting agendas . E. Consider Adoption of Resolution No. 97- Rescinding Resolution No. 96-1210 and Adopting Revised Council Policies. Staff Recommendation: Adopt Resolution No. 97- rescinding Resolution No. 96-1210 and revising the Council Policies resolution. F. Consider Adoption of Resolution No. 97- Reciting the Facts of the Special Municipal Election Held on November 4, 1997 and Declaring the Election Results . Staff Recommendation: Adopt Resolution No. 97- G. Consider Approving the City Manager' s Merit Salary Increase. Staff Recommendation: Approve a step increase from 91D to 91F, retroactive to the applicable anniversary date of July 1997, for the City Manager, and that future consideration of merit salary increases shall conform to the same process as used for the Assistant City Manager and Department Head positions . H. Consider Notice of Completion for Miscellaneous Concrete Work. Staff Recommendation: 1) Accept the work as complete, except as noted in the staff report; 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 City Council Agenda December 17, 1997 Page 6 (35) day lien period and completion of all labor compliance documentation. I . Consider Notice of Completion for Tierra Rejada / Moorpark Intersection Improvements . Staff Recommendation: 1) Accept the work as complete, except as noted in the staff report; 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 and completion of all labor compliance documentation. J. Consider City Council and MRA Resolutions Amending the FY 1997/98 Budget to Fund Certain Additional Costs for a) Radio Equipment Service; b) Pedestrian Bridge Easement Acquisition; and c) Tierra Rejada Road Right-of-Way Annexation (Watt Property) Affecting Funds 200, 210, 220, 240, 400 and 410] . Staff Recommendation: Adopt Resolution No. 97- , approving certain amendments to the FY 1997/98 Budget and certain additional appropriations summarized as follows : 1 . Radios : a) Public Works [Account No . 240 . 801 . 0000 . 000 . 9901] : from $6, 000 to $5, 540 ($460 decrease) ; b) Crossing Guards [Account No . 200. 802 . 0000 . 000 . 9901] : from $450 to $850 ($400 increase) ; c) Parks Maintenance [Account No. 210 . 710. 0000. 000. 9901] : from $18, 165 to $18, 665 ($500 increase) ; and d) Code Enforcement [ Account No. 220 . 600 . 0000 . 000 . 9901] : from $0 to $200 ($200 increase) ; 2 . Arroyo Vista Park Access Bridge (Right-of-Way) : (Account No. 400 . 801 . 8002 . 803 . 9901) : from $0 to $30, 000 ($30, 000 increase) 3 . Tierra Rejada Road Widening (Right-of-Way) : (Account No. 400 . 801 . 8057 . 803 . 9901) : from $0 to $3, 000 ($3, 000 increase) K. Consider Conceptual Approval of Proposed Relinquishment of Certain Surplus Freeway Right-of-Way to the City, Located on the North Side of Tierra Rejada Road Just West of the Route 23 Freeway [Tract 4974] . Staff Recommendation: Approve in concept the proposed future relinquishment to the City of certain surplus Caltrans right-of-way located on the north side of Tierra Rejada City Council Agenda December 17, 1997 Page 7 Road west of the Route 23 freeway. L. Consider a Revision to the 1998 Community Development Block Grant (CDBG) Calendar, Moving Requests for Proposals (RFP) from the First Week in January, to the Second Week in December. Staff Recommendation: Revise CDBG calendar and authorize staff to solicit proposals beginning December 18, 1997, and ending January 23, 1998 . M. Consider Approval of a Use Agreement with Moorpark Boys and Girls Club - Moorpark Basketball Association. Staff Recommendation: Approve the proposed draft agreement with MBA for use of the gym at AVCP for authorized practices and games, pending final language approval by the City Manager and authorize the City Manager to sign the Agreement on behalf of the City. N. Consider Approval of a Build Over Agreement Between the City and Pacific Bell Company Required by the Spring Road Bridge Reconstruction Project. Staff Recommendation: Authorize the City Manager to execute the subject "Build Over" Agreement between the City and Pacific Bell, subject to final language approval by the City Attorney and City Manager. 0. Consider Releasing the Certificate of Deposit #5533 for Grading Permit #GP-51 . Staff Recommendation: Release Certificate of Deposit #5533 to: General Optics, Inc. 554 Flinn Avenue, Moorpark, CA 93021 P. Consider Award of Bid for Arroyo Vista Community Park Phase II Conceptual Design. Staff Recommendation: 1) Award bid to Takata & Associates for $12, 904 to prepare the conceptual design for AVCP Phase II; 2) Pending final contract language approval by the City Manager, authorize the City Manager to sign a professional services agreement with Takata & Associates; and 3) Approve Resolution No. 97- , amending the 1997/98 budget by appropriating $18, 100 as from the General Fund as a loan to the Park Improvement Fund (Community Zoning) , and transferring the funds from the Park Improvement Fund to the Capital Improvement Fund for expenditure. 11. ORDINANCES: 12. CLOSED SESSION: A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION City Council Agenda December 17, 1997 Page 8 Significant exposure to litigation pursuant to Subdivision (b) of Section 54956. 9 of the Government Code: (Number of cases to be discussed - 4) 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 - 4) C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956. 9) City of Moorpark vs . Southern California Edison, et al D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956. 9) AB Properties vs. Ronald F. Miller, Doris E. Miller, and City of Moorpark 13. ADJOURNMENT: In compliance with the Americans with Disabilities Act, if you need 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, Lisa Pope, 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, December 17, 1997 at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue,Moorpark, California, was posted on December 12, 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 December 16, 1997. cyLisa po-.spe City Pope, Deputy C ty Clerk