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HomeMy WebLinkAboutAGENDA 2012 0418 CC REG OPA9(,,c / O ots 9greq ,Jy1 n Resolution No. 2012-3098 Ordinance No. 413 CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, APRIL 18, 2012 7:00 P.M. Moorpark Community Center 799 Moorpark Avenue The regular meetings of the City Council of the City of Moorpark("City Council") also serve as the regular meetings of the City of Moorpark as Successor Agency ("Successor Agency) and as Successor Housing Agency("Successor Housing Agency") of the Redevelopment Agency of the City of Moorpark. 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. PROCLAMATIONS AND COMMENDATIONS: A. Proclamation Recognizing April 15 through April 21, 2012, as Boys & Girls Club Week. B. Proclamation Recognizing April 27, 2012, as Arbor Day. 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.ci.mooraark.ca.us. 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. Regular City Council Meeting Agenda April 18, 2012 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: 9. PRESENTATION/ACTION/DISCUSSION: COUNCIL: A. Consider Youth Sports Organization Use Agreement Policy and Fees for Use of City Facilities. Staff Recommendation: 1) Approve Youth Sports Organization Use Agreement Policy as contained in the agenda report; and 2) Approve Fee Schedule for use of City facilities under a Youth Sports Organization Use Agreement as defined in the agenda report. ROLL CALL VOTE REQUIRED (Staff: Hugh Riley) B. Consider an Ordinance Deleting Section 10.04.320, Prohibition of Solicitation in the Public Right-of-way, of Chapter 10.04, Traffic Code, of Title 10 of the Moorpark Municipal Code. Staff Recommendation: Introduce Ordinance No. for first reading, waive full reading, and schedule second reading and adoption for May 2, 2012. (Staff: Deborah Traffenstedt) C. Consider Fiscal 2011/12 Mid-Year Budget Report. Staff Recommendation: Receive and file report. (Staff: Ron Ahlers) D. Consider Request for Proposals for City Attorney Services. Staff Recommendation: Authorize the City Manager to proceed with a Request for Proposals for City Attorney services as outlined in the agenda report and appoint a City Council Ad Hoc Committee. (Staff: Steven Kueny) E. Consider Scheduling of the Summer Meeting Recess. Staff Recommendation: Direct staff to post a notice of meeting cancellation for the selected summer recess dates. (Staff: Maureen Benson) Regular City Council Meeting Agenda April 18, 2012 Page 3 9. PRESENTATION/ACTION/DISCUSSION: (continued) COUNCIL: (continued) F. Consider Vacancy on the Parks and Recreation Commission. Staff Recommendation: Determine recruitment to fill one vacancy not be pursued at this time due to the recruitment for the entire five member Commission scheduled in October for the 2012-2014 term. (Staff: Maureen Benson) 10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) COUNCIL: A. Consider Minutes of Regular Meeting of April 4, 2012. Staff Recommendation: Approve the minutes. B. Consider Warrant Register for Fiscal Year 2011/12 — April 18, 2012. Staff Recommendation: Approve the warrant register. C. Consider Report of Annual Development Agreement Review, Established in Connection with Meridian Hills Development Project, Tract 5187-1 & 2, Located on the West Side of Walnut Canyon Road, Approximately 3,500 Feet North of Casey Road, on the Application of Resmark Equity Partners, LLC, (Formerly West Pointe Homes, and William Lyon Homes, Inc.). Staff Recommendation: 1) Accept the Community Development Director's Report and recommendation, and find, on the basis of substantial evidence, that Resmark Equity Partners, LLC has complied in good faith with the terms and conditions of the agreement; and 2) Deem the annual review process complete. (Staff: David Bobardt) D. Consider the City of Moorpark 2011 General Plan Annual Report Including the Housing Element Progress Report. Staff Recommendation: 1) Receive and file the report; and 2) Direct staff to forward a copy of this report to the Governor's Office of Planning and Research, the California Department of Housing and Community Development, and the Ventura County Planning Division. (Staff: David Bobardt) E. Consider Resolution Directing the Planning Commission to Study, Hold a Public Hearing, and Provide a Recommendation on an Amendment to a Development Agreement with A-B Properties for Approximately 34.53 Acres, North of the Union Pacific Railroad Right-of-Way, West of Gabbert Road. Staff Recommendation: Adopt Resolution No. 2012- . (Staff: David Bobardt) Regular City Council Meeting Agenda April 18, 2012 Page 4 10. CONSENT CALENDAR: (continued) COUNCIL: (continued) F. Consider Resolution Directing the Planning Commission to Study. Hold a Public Hearing, and Provide a Recommendation on an Amendment to Section 17.44.030 (Zoning Clearance) of Chapter 17.44 (Application Review Procedures) of the Zoning Ordinance Related to Changes in Color on Existing Buildings. Staff Recommendation: Adopt Resolution No. 2012- . (Staff: David Bobardt) G. Consider Bill of Sale from John Fischer for the Sculpture Carved at the Ruben Castro Human Services Center and Approve Payment of the Artist's Fee in a Total Amount of $80,000. Staff Recommendation: Accept the Bill of Sale and authorize payment of the Artist's Fee of $80,000 per the provisions of the Agreement. ROLL CALL VOTE REQUIRED (Staff: Hugh Riley) H. Consider Additional Funding to Construct an Asphalt Overlay of the Northbound Lanes of Spring Road from Flinn Avenue to South of the Union Pacific Railroad Tracks and Amendment No. 5 to the Agreement with John S. Bascom, Inc., dba Precision Plumbing-Mechanical for the Ruben Castro Human Services Center. Staff Recommendation: Approve additional funding in the amount of $33,063 and authorize the City Manager to execute Amendment No. 5 in the amount of $102,063 to John S. Bascom, Inc., dba Precision Plumbing-Mechanical, subject to final language approval of the City Manager and City Attorney. ROLL CALL VOTE REQUIRED (Staff: Hugh Riley) Consider Additional Funding for Materials Testing, Special Inspection and Geotechnical Services Associated with Construction of an Asphalt Overlay of the Northbound Lanes of Spring Road from Flinn Avenue and Amendment No. 2 to the Professional Services Agreement with Southwest Testing Engineers, dba Vertical-V Testing Engineers for the Ruben Castro Human Services Center. Staff Recommendation: Approve additional funding in the amount of $3,665.85 and authorize the City Manager to execute Amendment No. 2 in the amount of $5,486.00 to Southwest Testing Engineers, Inc., dba Vertical-V Testing Engineers, subject to final language approval of the City Manager and City Attorney. ROLL CALL VOTE REQUIRED (Staff: Hugh Riley) Regular City Council Meeting Agenda April 18, 2012 Page 5 10. CONSENT CALENDAR: (continued) COUNCIL: (continued) J. Consider Resolution Amending the Fiscal Year 2011/12 Budget by Appropriating an Additional $7,500 in Revenue to the Library Fund to Reflect a Grant from the California Council for the Humanities and to Increase Library Expenditures for California Reads: Searbhing for Democracy Program. Staff Recommendation: Adopt Resolution No. 2012- . ROLL CAL VOTE REQUIRED (John Brand) K. Consider Resolution Amending the Fiscal Year 2011/12 Budget to Allocate Additional Funds for Turf Restoration Services at Arroyo Vista Community Park and Mammoth Highlands Park. Staff Recommendation: Adopt Resolution No. 2012- . ROLL CALL VOTE REQUIRED (Staff: Allen Walter) L. Consider Landscape Maintenance Contract Specifications and Authorize Staff to Solicit Bid Proposals for Maintenance of Park Landscape Maintenance Districts. Staff Recommendation: Approve the contact bid documents and specifications, subject to final language approval by the City Manager and City Attorney, and authorize staff to solicit bid proposals. (Staff: Jeremy Laurentowski) M. 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. Staff Recommendation: 1) Adopt Resolution No. 2012- , amending the Franchise Agreements; and 2) Authorize the City Manager to execute the Amendments to the Franchise Agreements, subject to final language approval by the City Manager and City Attorney. (Staff: Dave Klotzle) N. Consider Results of Flood Mapping Analyses for the Walnut Canyon Drain. Staff Recommendation: Receive and file report. (Staff: Dave Klotzle) SUCCESSOR AGENCY: 0. Consider Amendment of Professional Services Agreement with Ky Spangler for Special Projects Consulting Services for the Ruben Castro Human Services Center through September 30, 2012. Staff Recommendation: Approve the second amendment to the Agreement and authorize the City Manager to execute the amendment to the Agreement, subject to final language approval of the City Manager and City Attorney. (Staff: Hugh Riley) Regular City Council Meeting Agenda April 18, 2012 Page 6 11. ORDINANCES: (ROLL CALL VOTE REQUIRED) A. Consider Ordinance No. 412, Amending Section 12.16.040, Animal Control, of Chapter 12.16, Parks and Open Space, of Title 12, Streets, Sidewalks, and Public Places of the Moorpark Municipal Code. Staff Recommendation: Waive full reading, declare Ordinance No. 412 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. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: 530 Moorpark Avenue (APN 512-0-103-180) City Negotiator: Steven Kueny, City Manager Negotiating Parties: MPP Investments dba MP Professional Center Under Negotiation: Price and terms of payment D. 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). Regular City Council Meeting Agenda April 18, 2012 Page 7 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING I, Maureen Benson, declare as follows: That I am the 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, April 18, 2012, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on April 13, 2012, 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 April 13, 2012. LA.t-t��i . KL(�ic..2o- Maureen Benson, City Clerk