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CC Resolution No. 2013-3234
Ordinance No. 428
SA Resolution No. SA-2013-7
MEETINGS OF MOORPARK CITY COUNCIL AND
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK ("SUCCESSOR AGENCY")
REGULAR MEETING AGENDA
WEDNESDAY, NOVEMBER 6, 2013
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
All items listed are heard and acted upon by the Moorpark City Council unless otherwise noted.
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. PROCLAMATIONS AND COMMENDATIONS:
5. PUBLIC COMMENT:
All writings and documents provided to the majority of the City Council regarding all open-session agenda items are
available for public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business
hours. The agenda packet for all regular City Council meetings is also available on the City's website at
www.moorparkca.gov.
Any member of the public may address the Council during the Public Comments portion of the Agenda, unless it is a
Public Hearing or a Presentation/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; for a Presentation/Action/Discussion item, prior to the
Mayor's call for speaker cards for each Presentation/Action/Discussion agenda item;and for a Public Hearing item,prior to
the opening of each Public Hearing,or beginning of public testimony for a continued hearing.A limitation of three minutes
shall be imposed upon each Public Comment and Presentation/Action/Discussion item speaker. A limitation of three to
five minutes shall be imposed upon each Public Hearing item speaker.Written Statement Cards may be submitted in lieu
of speaking orally for open Public Hearings and Presentation/Action/Discussion items. Any questions concerning any
agenda item may be directed to the City Clerk's office at 517-6223.
Moorpark City Council/Successor Agency
November 6, 2013 Regular Meeting Agenda
Page 2
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
(Pursuant to Council Rules of Procedure, Section 2.9, Items to be
withdrawn from the Consent Calendar shall be identified at this time.)
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND
MAYOR:
8. PUBLIC HEARINGS:
A. Consider Ordinance No. 427 Amending Title 15 of the Moorpark Municipal
Code by Replacing in Their Entirety Chapters 15.04, 15.08, 15.10, 15.12,
15.14, 15.16, 15.18, 15.20, and 15.22 as Well as Adoptinq by Reference
and Amending the Current Editions of Certain Model Codes and
Determination of Exemption under California Environmental Quality Act
(CEQA) in Connection Therewith. Staff Recommendation: 1) Open the
public hearing, accept public testimony, and close the public hearing; 2)
Waive full reading and declare Ordinance No. 427 read for the second
time, and adopted as read; and 3) Direct staff to send the changes to the
Code to the California Building Standards Commission. ROLL CALL
VOTE REQUIRED (Staff: David Bobardt)
B. Consider Resolution Approvinq Modification No. 1 to Residential Planned
Development Permit No. 1999-02, a Request for Approval to Construct
Four New House Plans for Construction of 66 Single Family Homes on
Existing Lots Within the Meridian Hills Gated Community, Tract 5187,
North of Meridian Hills Drive and West of Walnut Canyon Road, on the
Application of Rick Bianchi, for TRI Pointe Homes, Inc. Staff
Recommendation: 1) Open the public hearing, take public testimony, and
close the public hearing; and 2) Adopt Resolution No. 2013- ,
approving Modification No. 1 to Residential Planned Development Permit
No. 1999-02 subject to Conditions of Approval. (Staff: David Bobardt)
9. PRESENTATION/ACTION/DISCUSSION:
A. Consider Resolution Amending the City of Moorpark Franchise
Agreements with G.I. Industries and Moorpark Rubbish Disposal, for both
Residential and Commercial Solid Waste Services, and Authorize the City
Manager to Execute the Amendments to the Agreements to Extend Term
to June 30, 2014. Staff Recommendation: 1) Adopt Resolution No. 2013-
, Amendment to City of Moorpark Franchise Agreements between the
City of Moorpark and G.l. Industries and the City of Moorpark and
Moorpark Rubbish Disposal for Providing Commercial Solid Waste and
Recycling Services and Residential Solid Waste and Recycling Services
Moorpark City Council/Successor Agency
November 6, 2013 Regular Meeting Agenda
Page 3
9. PRESENTATION/ACTION/DISCUSSION: (continued)
to Extend Term to June 30, 2014; and 2) Authorize the City Manager to
execute the amendments to the Franchise Agreements subject to final
language approval of the City Manager and City Attorney. (Staff: Dave
Klotzle)
B. Consider First Amendment to Subdivision Improvement Agreement and
Final Map Approval for Tract Map No. 5425 — Shea Homes. Staff
Recommendation: 1) Authorize the Mayor to execute the First
Amendment to Subdivision Improvement Agreement for Tract No. 5425,
Shea Homes, subject to final language approval by the City Manager and
City Attorney; 2) Direct the Community Development Director to issue a
Permit Adjustment to amend the Conditions of Approval related to the
Final Map as addressed in the agenda report; and 3) Authorize the Mayor
and City Clerk to sign Tract Map 5425 after the language for additional
offer of dedication and acceptance as described in the agenda report has
been added to Tract Map 5425, and authorize the Clerk to cause Tract
Map 5425 to be recorded in the Office of the Ventura County Recorder.
(Staff: Dave Klotzle/David Bobardt)
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Minutes of Special City Council Meeting of September 4, 2013.
Staff Recommendation: Approve the minutes.
B. Consider Minutes of Regular City Council Meeting of September 4, 2013.
Staff Recommendation: Approve the minutes.
C. Consider Minutes of Special City Council Meeting of October 2, 2013.
Staff Recommendation: Approve the minutes.
D. Consider Minutes of Special City Council Meeting of October 16, 2013.
Staff Recommendation: Approve the minutes.
E. Consider Warrant Register for Fiscal Year 2013/14 — November 6, 2013.
Staff Recommendation: Approve the warrant register.
F. Consider Approval to Write Off Delinquent Non-Sufficient Fund (NSF)
Accounts Receivable Issued Prior to July 1, 2011. Staff
Recommendation: Authorize staff to write off $7,007.22 outstanding non-
sufficient fund (NSF) accounts receivable issued prior to July 1, 2011.
ROLL CALL VOTE REQUIRED. (Staff: Ron Ahlers)
Moorpark City Council/Successor Agency
November 6, 2013 Regular Meeting Agenda
Page 4
10. CONSENT CALENDAR: (continued)
G. Consider a Cooperative Agreement with the State Department of Health
Services and Agencies Applying Pesticides for Public Health Purposes.
Staff Recommendation: Approve the Cooperative Agreement and
authorize the Mayor to execute the Agreement on behalf of the City.
(Staff: Dave Klotzle)
H. Consider Report of 2013 Annual Development Agreement Review,
Established in Connection with Planning Area No. 7 of the Moorpark
Highlands Specific Plan No. 2, Tract No. 5860, Located at the Southeast
Corner of Elk Run Loop and Ridgecrest Drive, on the Application of
Pardee Homes. Staff Recommendation: 1) Accept the Community
Development Director's report and recommendation, on the basis of
substantial evidence, that Pardee Homes, has complied in good faith with
the terms and conditions of the agreement; and 2) Deem the 2013 annual
review process complete. (Staff: David Bobardt)
Consider Report of 2013 Annual Development Agreement Review,
Established in Connection with Moorpark Highlands Specific Plan No. 2, a
Master Planned Community, Located East of Walnut Canyon Road and
North of Charles Street, on the Application of Pardee Homes (Planning
Areas 1, 4, 5 and 6), Richmond American (Planning Areas 2-3), and Toll
Brothers Inc. (Planning Areas 8-9). Staff Recommendation: 1) Accept the
Community Development Director's report and recommendation that, on
the basis of substantial evidence, Pardee Homes has complied in good
faith with the terms and conditions of the agreement; and 2) Deem the
2013 annual review process complete. (Staff: David Bobardt)
J. Consider Report of 2013 Annual Development Agreement Review,
Established in Connection with Canyon Crest Ranch Partners-Moorpark,
LLC (Birdsall), Located on Approximately 42.4 Acres East of Walnut
Canyon Road at Championship Drive (Tentative Tract Map 5437), on the
Application of Canyon Crest Ranch Partners-Moorpark, LLC (Birdsall).
Staff Recommendation: 1) Accept the Community Development Director's
report and recommendation, on the basis of substantial evidence, that
Canyon Crest Ranch Partners-Moorpark, LLC (Birdsall), has complied in
good faith with the terms and conditions of the agreement; and 2) Deem
the 2013 annual review process complete. (Staff: David Bobardt)
K. Consider Resolution Reestablishing Parking Restrictions and Exemptions
for Street Sweeping and Rescinding Resolution No. 93-985 and
Resolution No. 95-1121. Staff Recommendation: Adopt Resolution No.
2013- , Reestablishing Parking Restrictions and Exemptions for Street
Sweeping and Rescinding Resolution No. 93-985 and Resolution No. 95-
1121. (Staff: Dave Klotzle)
Moorpark City Council/Successor Agency
November 6, 2013 Regular Meeting Agenda
Page 5
10. CONSENT CALENDAR: (continued)
L. Consider an Agreement with Pederson Fence and Patio Company, Inc. for
Fencing Repair and Installation Services and Authorize the City Manager
to Execute the Agreement. Staff Recommendation: 1) Award a contract
to Pederson Fence and Patio Co. Inc., for a total cost of $48,482.00,
which includes a ten percent contingency in the amount of $4,407.00 for
fencing repair and installation services at the six locations described in the
agenda report; and 2) Authorize the City Manager to execute the
Agreement, subject to final language approval by the City Manager.
(Staff: Jeremy Laurentowski)
M. Consider Resolution Amending the Fiscal Year 2013/14 Budget for
Security Camera Consultant. Staff Recommendation: Adopt Resolution
No. 2013- ROLL CALL VOTE REQUIRED. (Staff: Jessica
Sandifer)
N. Consider Resolution of Intent to Annex Shea Homes Tentative Tract 5425
to Landscaping and Lighting Maintenance Assessment District 06-01,
Preliminarily Approve the Engineer's Report, and Provide Notice of Public
Hearing on November 20, 2013. Staff Recommendation: Adopt
Resolution No. 2013- of intent to annex Tentative Tract 5425 into
Assessment District 06-01, preliminarily approve the Engineer's Report,
and provide notice of a public hearing on November 20, 2013. (Staff:
Dave Klotzle)
O. Consider 5K Fun Run and Fitness Challenge Event, a Resolution
Amending the Fiscal Year (FY) 2013/14 General Fund Budget in the
Amount of $8,000.00 for the Event, and an Event Partnership with the
American Cancer Society. Staff Recommendation: 1) Approve staff
recommendation to hold a 5K Fun Run and Fitness Challenge; 2)
Approve event partnership with the American Cancer Society; and 3)
Adopt Resolution No. 2013- , amending the FY 2013/14 General Fund
Budget in the amount of $8,000.00 to fund the 5K Fun Run and Fitness
Challenge. ROLL CALL VOTE REQUIRED. (Staff: Jeremy
Laurentowski)
P. Consider an Agreement with Great Western Installations, Inc. for
Playground Equipment Repair and Installation Services and Resolution
Amending the Fiscal Year (FY) 2013/14 Budget. Staff Recommendation:
1) Award a contract to Great Western Installations, Inc. for a total cost of
$11,420.00, which includes a fifteen percent contingency in the amount of
$1,490.00 and authorize the City Manager to execute the Agreement,
subject to final language approval of the City Manager; and 2) Adopt
Resolution No. 2013- amending the FY 2013/14 budget to appropriate
$11,190.00 from the General Fund (1000) for the repair and purchase of
playground equipment at the parks described in the agenda report. ROLL
CALL VOTE REQUIRED (Staff: Jeremy Laurentowski)
Moorpark City Council/Successor Agency
November 6, 2013 Regular Meeting Agenda
Page 6
10. CONSENT CALENDAR: (continued)
Q. Consider Purchase and Sale Agreement Between the City of Moorpark
and Shea Homes, Limited Partnership, Memorializinq the Affordability
Requirements for Tract Map No. 5425. Staff Recommendation: Approve
the Purchase and Sale Agreement, subject to final language approval by
the City Manager and City Attorney; authorize City Manager to execute
said Purchase and Sale Agreement; and direct the City Clerk to cause
said Purchase and Sale Agreement to be recorded in the Office of the
Recorder of the County of Ventura. (Staff: David Moe)
R. Consider Amendment Number 7 for Contract No. 2011-107 with Standard
Drywall, Inc. for the Ruben Castro Human Services Center and
Authorizing Release of Contract Retention for the Completed Work. Staff
Recommendation: 1) Approve Amendment No. 7 considering actual
construction included in Contract 2011-107 inclusive of previously
approved Amendments 1, 2, 3, 4 and 6 as construction Phase A and
considering actual construction included in previously approved
Amendment #5 (exterior shade structure element) as Phase B; and 2)
Consider actual construction included in Contract 2011-107 inclusive of
previously approved Amendments 1, 2, 3, 4 and 6 (Phase A) as complete
and in beneficial use by the City commencing on October 1, 2012 and
authorize the City Clerk to approve the release of remaining contract
retention balance for Phase A of$115,412.24. (Staff: Hugh Riley)
S. Consider Authorization for Recordation of a Notice of Completion for City
of Moorpark Contract # 2011-107 — Phase A; Bid Package #12 — Finishes
— Standard Drywall, Inc. for the Ruben Castro Human Services Center.
Staff Recommendation: Authorize the City Clerk to file a Notice of
Completion for the specified work (Phase A), and authorize the release of
the project bonds as described in the staff report. (Staff: Hugh Riley)
T. Consider Resolution Opposing the Sale, Purchase and Use of
Anticoagulant Rodenticides in the City of Moorpark. Staff
Recommendation: Adopt Resolution No. 2013- . (Staff: Jeremy
Laurentowski)
U. Consider Procurement of Maintenance Vehicles. Staff Recommendation:
Direct staff to purchase two (2), 2014 F-150 pickup trucks at an estimated
cost of $47,000, using the $50,000 equipment replacement funds currently
appropriated and available in the Fiscal Year 2013/14 budget. (Staff:
Dave Klotz le)
Moorpark City Council/Successor Agency
November 6, 2013 Regular Meeting Agenda
Page 7
10. CONSENT CALENDAR: (continued)
V. Consider Authorization to Amend Account Clerk position in place of
Secretary I Position in the Finance Department and Secretary I Position in
Place of Recreation Assistant Position in the Parks, Recreation and
Community Services Department. Staff Recommendation: Approve filling
the current position vacancy in the Finance Department with either an
Account Clerk I or II and reassignment of the Secretary I position from the
Finance Department to the Recreation Division of the Parks, Recreation
and Community Services Department. (Staff: Steven Kueny)
W. (SUCCESSOR AGENCY) Consider Lease Agreement with Tom
Lindstrom RV Sales, Inc. Staff Recommendation: 1) Retroactively
approve Lease Agreement with Tom Lindstrom RV Sales, Inc. for the
period of April 1, 2013, to September 30, 2013; and 2) Approve current
Lease Agreement with Tom Lindstrom RV Sales, Inc. for the period of
November 1, 2013, to January 31, 2014 or April 30, 2014 with the 90-day
extension, subject to final language approval of the Executive Director.
(Staff: Jessica Sandifer)
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
A. Consider Ordinance No. 424 Approving Zoning Ordinance Amendment
No. 2013-05, to Amend Section E (Public and Semi-Public Uses) of Table
17.20.060 of Section 17.20.060 (Permitted Uses in Commercial and
Industrial Zones), of Chapter 17.20 (Uses by Zone), of Title 17 (Zoning), of
the Moorpark Municipal Code Related to Health Clubs, Gymnasiums,
Fitness Centers, and Fitness Studios, and Making a Determination of
Exemption under CEQA in Connection Therewith. Staff
Recommendation: Waive full reading, declare Ordinance No. 424 read for
the second time, and adopted as read. ROLL CALL VOTE REQUIRED
B. Consider Ordinance No. 425 Approving Zoning Ordinance Amendment
No. 2013-06 Amending Part C of Section 17.32.050 (Parking Space
Standards and Striping), of Chapter 17.32 (Off-Street Parking
Requirements), of Title 17 (Zoning), of the Moorpark Municipal Code,
Related to Tandem Parking, and Recommending that the City Council
Make a Determination of Exemption under CEQA in Connection Therewith
on the Application of City Ventures, LLC. Staff Recommendation: Waive
full reading, declare Ordinance No. 425 read for the second time, and
adopted as read. ROLL CALL VOTE REQUIRED
Moorpark City Council/Successor Agency
November 6, 2013 Regular Meeting Agenda
Page 8
11. ORDINANCES: (continued)
C. Consider Ordinance No. 426 Approving Amendment No. 1 to the
Development Agreement by and between the City of Moorpark and Shea
Homes, Limited Partnership for Vesting Tentative Tract Map No. 5425 to
Adiust the Affordable Housing Requirement and Finding the Previously
Adopted Mitigated Negative Declaration Applicable. Staff
Recommendation: Waive full reading, declare Ordinance No. 426 read for
the second time, and adopted as read. ROLL CALL VOTE REQUIRED
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 - 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Subdivision (b) of Section 54957 of the Government Code)
Title: City Manager and City Attorney
13. ADJOURNMENT:
In compliance with the Americans with Disabilities Act, if you need special assistance to review an agenda or
participate in this meeting, including auxiliary aids or services, please contact the City Clerk's Division at
(805) 517-6223. Upon request, the agenda can be made available in appropriate alternative formats to
persons with a disability. Any request for disability-related modification or accommodation should be made
at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable arrangements
can be made to provide accessibility to the meeting(28 CFR 35.102-35.104;ADA Title II).
Moorpark City Council/Successor Agency
November 6, 2013 Regular Meeting Agenda
Page 9
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
I, Blanca Garza, 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 and the Successor Agency of the
Redevelopment Agency of the City of Moorpark to be held on Wednesday, November 6,
2013, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799
Moorpark Avenue, Moorpark, California, was posted on Friday, November 1, 2013, at a
conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue,
Moorpark, California.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on November 1, 2013.
Blanca Garza, Deputy City Clerk