HomeMy WebLinkAboutAGENDA 1997 1217 CC REG OPil4M11144.4.
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Ordinance No. 241
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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