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Resolution No. 2012-3121
Ordinance No. 415
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, JULY 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. Ventura County Fair Poster Presentation.
5. PUBLIC COMMENT:
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withdrawn from the Consent Calendar shall be identified at this time.)
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.moornark.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
July 18, 2012
Page 2
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND
MAYOR:
8. PUBLIC HEARINGS:
9. PRESENTATION/ACTION/DISCUSSION:
CITY COUNCIL:
A. Consider Seven-Year Cagital Improvement Program (CIP) for the
Department of Public Works for Fiscal Year 2011/12- Fiscal Year 2017/18.
(continued from June 20, 2012) Staff Recommendation: Approve the
updated CIP for FY 2011/12-2017/18. (Staff: Dave Klotzle)
B. Consider Ballot Argument for Measure O for the City's General Municipal
Election to be Held on Tuesday, November 6, 2012. Staff
Recommendation: 1) Provide the City Council's ad hoc committee with
any comments on the draft "in favor" ballot argument; 2) Authorize the
Council's ad hoc committee to determine the final language for the "in
favor" ballot argument and for any rebuttal to an argument against
Measure O as determined appropriate by the ad hoc committee; 3)
Authorize the Council's ad hoc committee to determine who will sign the
"in favor" argument and any rebuttal to argument against Measure O,
while maintaining the City Council's legislative preference and priority for
filing the ballot argument consistent with Council resolution and State law;
and 4) Authorize the Council's ad hoc committee to file the "in favor" ballot
argument and any rebuttal to an argument against Measure O with the
City Clerk during the County of Ventura's established filing periods for
ballot measure arguments and rebuttals on behalf of the City Council.
(Staff: Deborah Traffenstedt)
C. Consider Conceptual Design for Moorpark Avenue Railroad Crossing
Improvements. Staff Recommendation: 1) Approve Metrolink's Interim
Design Concept for Moorpark Avenue Railroad Crossing Improvements;
2) Approve a contribution of $200,000.00 from Project 8078 to Metrolink
for the design, construction and inspection of Metrolink's Interim Design
Concept for Moorpark Avenue Railroad Crossing Improvements; and 3)
Authorize the City Manager to execute any agreements necessary to
effectuate this project, subject to final language approval by the City
Manager and City Attorney. (Staff: Dave Klotzle)
Regular City Council Meeting Agenda
July 18, 2012
Page 3
9. PRESENTATION/ACTION/DISCUSSION: (continued)
CITY COUNCIL: (continued)
D. Consider Adopting Credit Card Acceptance and Processing Policy. Staff
Recommendation: Approve the Credit Card Acceptance and Processing
policy to accept credit cards over-the-counter in the Community
Development Department; and direct staff to include this policy in the next
update of the City Council Policies Resolution. (Staff: Ron Ahlers)
E. Consider Lighting Consultant Comments on Updated Lighting Plan
Related to Ventura County Planning Commission Approval of Minor
Modification No. 3 to Conditional Use Permit No. 4915 for the Tom Barber
Golf Center (LU10-0087). Staff Recommendation: Authorize staff to
submit a letter of support for a new application for an extension of the
Conditional Use Permit with the lighting revised as proposed in the new
lighting plan, upon the applicant's withdrawal of the current application.
(Staff: David Bobardt)
F. Consider Providing Direction to City Staff on Applicant's Proposed
Amendments to the Essex Portfolio L.P. Unsigned Development
Agreement. Staff Recommendation: Concur with staff recommendations
as contained in the agenda report. (Staff: David Bobardt)
G. Consider Support for Keeping East County Courthouse Open Two Days
per Week and a Resolution Amending the Fiscal Year 2012/13 Budget to
Appropriate $25,000 from the General Fund Reserve. Staff
Recommendation: 1) Confirm support for keeping the East County
Courthouse open two days per week; and 2) Adopt Resolution No. 2012-
. ROLL CALL VOTE REQUIRED (Staff: Steven Kueny)
H. Consider Rejection of Proposal Received for Fixed Route Transit
Services; Consider Rejection of Proposal Received for Dial-A-Ride
Paratransit Services; Consider Authorizing City Manager to Negotiate
Intergovernmental Agreements with the City of Thousand Oaks for Fixed
Route Transit Operations Fixed Route Preventive Maintenance, and Dial-
A-Ride Paratransit Services. Staff Recommendation: 1) Reject July 9,
2012 proposal by Roadrunner Shuttle for Fixed Route Transit Services; 2)
Reject July 9, 2012 proposal by Roadrunner Shuttle for Dial-A-Ride
Paratransit Services; and 3) Authorize the City Manager to negotiate
Intergovernmental Agreements with the City of Thousand Oaks for a two-
year period for Fixed Route Transit Operations, Fixed Route Transit
Preventive Maintenance, and Dial-A-Ride Paratransit Services, in
amounts based on pricing described in the agenda report, subject to final
language approval of the City Manager and City Attorney. (Staff: Dave
Klotzle)
Regular City Council Meeting Agenda
July 18, 2012
Page 4
9. PRESENTATION/ACTION/DISCUSSION: (continued)
I. Consider Voting Delegate and Alternates for League of California Cities
Annual Conference — September 5th-7th in San Diego. Staff
Recommendation: 1) Determine the voting delegate and alternates; and
2) Direct the City Clerk to notify the League of California Cities of the
designated voting delegate and alternates. (Staff: Maureen Benson)
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
CITY COUNCIL:
A. Consider Minutes of Special Joint City Council/Planning Commission
Meeting of May 9, 2012. Staff Recommendation: Approve the minutes.
B. Consider Minutes of Special 6:50 p.m. Meeting of June 13, 2012. Staff
Recommendation: Approve the minutes.
C. Consider Minutes of Special 7:00 p.m. Meeting of June 13, 2012. Staff
Recommendation: Approve the minutes.
D. Consider Minutes of Regular Meeting of June 20, 2012. Staff
Recommendation: Approve the minutes.
E. Consider Warrant Register for Fiscal Year 2011/12 — July 18, 2012. Staff
Recommendation: Approve the warrant register.
F. Consider Warrant Register for Fiscal Year 2012/13 — July 18, 2012. Staff
Recommendation: Approve the warrant register.
G. Consider Amendment to VISTA-East Cooperative Agreement for
Commuter Bus Services. Staff Recommendation: Authorize the Mayor to
sign the Amendment to the Cooperative Agreement. (Staff: Dave
Klotzle)
H. Consider Purchase of a Work Truck; and Resolution Amending the Fiscal
Year 2012/13 Budget to Allocate Funds from the Equipment Replacement
Fund to the Parks Division. Staff Recommendation: 1) Approve the
purchase of a 2012, 1500 Chevrolet Silverado with Royal Truck Body
aluminum conversion kit; and 2) Adopt Resolution No. 2012-
amending the FY 2012/13 Budget to allocate $30,166 from the
Equipment Replacement Funds to the Park Division. ROLL CALL VOTE
REQUIRED (Staff: Jeremy Laurentowski)
Regular City Council Meeting Agenda
July 18, 2012
Page 5
10. CONSENT CALENDAR: (continued)
CITY COUNCIL: (continued)
I. Consider Additional Funding for Glass and Glazing Additions and
Revisions and Amendment No. 2 to the Agreement with Center Glass
Company No. 9 for the Ruben Castro Human Services Center. Staff
Recommendation: Approve additional funding in the amount of $1,643.75
for glass and glazing changes for the Ruben Castro Human Services
Center, and authorize the City Manager to execute Amendment No. 2 in
the amount of $3,171.00 to Center Glass Company No. 9, subject to final
language approval of the City Manager and City Attorney. ROLL CALL
VOTE REQUIRED (Staff: Hugh Riley)
J. Consider Additional Funding for Building Specialties Additions and
Revisions and Amendment No. 2 to Agreement with John Pence Building
Specialties Inc. for the Ruben Castro Human Services Center. Staff
Recommendation: Approve additional funding in the amount of
$21,867.68 for building specialties changes and additions for the Ventura
County Health Care Agency medical clinic and per the City of Moorpark
direction, for the Ruben Castro Human Services Center, and authorize the
City Manager to execute Amendment Nc. 2 in the amount of $25,066.40,
to John Pence Building Specialties, Inc. subject to final language approval
of the City Manager and City Attorney. ROLL CALL VOTE REQUIRED
(Staff: Hugh Riley)
K. Consider Additional Funding for Electrical Additions and Revisions and
Amendment No. 7 to the Agreement with Taft Electric Company for the
Ruben Castro Human Services Center. Staff Recommendation: Approve
additional funding in the amount of $41,663.77 for electrical additions and
revisions for the Ventura County Health Care Agency medical clinic, to the
site, and per the request of the City for the Ruben Castro Human Services
Center and authorize the City Manager to execute Amendment No. 7 in
the amount of $41,663.77 to Taft Electric Company, subject to final
language approval of the City Manager and City Attorney. ROLL CALL
VOTE REQUIRED (Staff: Hugh Riley)
L. Consider Resolution Authorizing the Reversal of Stale Dated Checks More
than Three Years Old. Staff Recommendation: Adopt Resolution No.
2012- , voiding the stale dated checks noted in the agenda report.
(Staff: Ron Ahlers)
Regular City Council Meeting Agenda
July 18, 2012
Page 6
10. CONSENT CALENDAR: (continued)
CITY COUNCIL: (continued)
M. Consider Rescission of Contract Award to California Land Clearing (CLC),
Inc and Approval of Second Lowest Bidder Specialized Environmental,
Inc for the Demolition Project at 161 Second Street. Staff
Recommendation: 1) Rescind the City Council action of May 2, 2012,
which awarded the project to CLC; 2) Approve the removal of structures at
161 Second Street; 3) Award bid to the next lowest bidder, Specialized
Environmental, Inc., including a project contingency of $2,000 for
unforeseen circumstances and authorize execution of the Agreement by
the City Manager, subject to final language approval by the City Manager
and City Attorney; and 4) Direct staff to file a Notice of Exemption with the
County Clerk. (Staff: David Moe)
N. Consider Release of Surety Certificate of Deposit No. 9662345897 and
Reduction of Surety Certificate of Deposit No. 0103565131 for Moorpark
20 LP (396 Charles Street Apartments). Staff Recommendation: 1)
Authorize the City Clerk to release Certificate No. 9662345897 and reduce
Certificate of Deposit No. 0103565131 to $37,500.00; and 2) Authorize the
City Clerk to release Certificate of Deposit No. 0103565131 on March 9,
2013, upon written confirmation from the City Engineer that no warranty
work is required. (Staff: Dave Klotzle)
O. Consider Award of Contract for Alderbrook Street Asphalt Overlay Project
8091. Staff Recommendation: 1) Award a construction contract to
Superior Paving Company, dba United Paving Company, and authorize
the City Manager to execute the construction contract in the amount of
$214,831.00 for the subject project; 2) Authorize the City Manager to
amend the construction contract for project contingencies in an amount
not to exceed $ $21,000.00 if and when the need arises for extra work and
services; and 3) Authorize the City Manager to award a consultant
agreement for materials testing and construction inspection services to
BTC Labs-Vertical Five in an amount not to exceed $35,000.00, subject to
final language approval by the City Manager and City Attorney. ROLL
CALL VOTE REQUIRED (Staff: Dave Klotzle)
Regular City Council Meeting Agenda
July 18, 2012
Page 7
10. CONSENT CALENDAR: (continued)
CITY COUNCIL: (continued)
P. Consider Award of Contract for the 2012 Pavement Rehabilitation —
Project 8002; and Resolution Amending the Fiscal Year 2012/13 Budget
to Appropriate Funds from Highway Users Tax (HUT) 2013 Fund for
Additional Construction Costs for the 2012 Pavement Rehabilitation
Project 8002. Staff Recommendation: 1) Award a construction contract to
Manhole Adjusting, Inc., and authorize the City Manager to execute the
construction contract in the amount of $870,196.00 for the subject project;
2) Authorize the City Manager to amend the construction contact for
project contingencies in an amount not to exceed $87,000.00 if and when
the need arises for extra work and services; 3) Authorize the City Manager
to award a consultant agreement to BTC Labs-Vertical Five for
construction inspection services in an amount not to exceed $50,000.00,
subject to final language approval by the City Manager and City Attorney;
and 4) Adopt Resolution No. 2012- , amending the FY 2012/13
Budget to appropriate $182,196.00 from HUT 2103 Fund for additional
construction costs for the subject project. ROLL CALL VOTE REQUIRED
(Staff: Dave Klotzle)
Q. Consider Agreements with Hamner Jewell and Associates, Inc. for Real
Property Services. Staff Recommendation: 1) Authorize the City
Manager to sign the General Services Agreement with Hamner and Jewell
in an amount not to exceed $100,000 for a three year period expiring June
30, 2015, subject to final language approval by the City Manager and City
Attorney; 2) Authorize the City Manager to sign the Los Angeles Avenue
Agreement with Hamner and Jewell in an amount not to exceed $99,000
for a three year period expiring June 30, 2015, to complete the real
property services required by the Los Angeles Avenue project, subject to
final language approval by the City Manager and City Attorney. (Staff:
Dave Klotzle)
R. 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 Extending the
Term to December 31, 2012. Staff Recommendation: 1) Adopt
Resolution No. 2012- , and 2) Autho1ze 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)
Regular City Council Meeting Agenda
July 18, 2012
Page 8
10. CONSENT CALENDAR: (continued)
CITY COUNCIL: (continued)
S. Consider Report of Annual Development Agreement Review, Established
in Connection with Moorpark Country Club Estates, Located
Approximately 2,700 Feet South of Broadway between Grimes Canyon
Road and Walnut Canyon Road (Tract 4928), on the Application of Toll
Brothers, Inc. Staff Recommendation: 1) Accept the Community
Development Director's Report and recommendation that, on the basis of
substantial evidence, Toll Brothers Inc. has complied in good faith with the
terms and conditions of the agreement; and 2) Deem the annual review
process complete. (Staff: David Bobardt)
T. Consider Report of Annual Development Agreement Review, Established
in Connection with The Masters at Moorpark Country Club Estates,
Located on 43.04 Acres North of Championship Drive and East of Grimes
Canyon Road (Tract 5463) on the Application of Toll Brothers, Inc. Staff
Recommendation: 1) Accept the Community Development Director's
Report and recommendation that, on the basis of substantial evidence,
Toll Brothers Inc. has complied in good faith with the terms and conditions
of the agreement; and 2) Deem the annual review process complete.
(Staff: David Bobardt)
U. Consider Amendment No 4 to Agreement for Professional Services with
Parsons Transportation Group for Preliminary Engineering, Environmental
Analysis Design and Right-of-Way Activities for the Installation of
Soundwalls on State Route-23. Staff Recommendation: Authorize the
City Manager to amend the agreement, extending it to May 30, 2013, and
increasing the total amount by $40,902.32 so as not to exceed
$376,958.72, subject to final language approval by the City Manager and
City Attorney. ROLL CALL VOTE REQUIRED (Staff: Dave Bobardt
and Dave Klotzle)
V. Consider Rejection of Claim from: Jon Whited. Staff Recommendation:
Reject the claim and direct staff to send a standard rejection letter to the
claimant. (Staff: Deborah Traffenstedt)
W. Consider Resolution Amending the Fiscal Year 2012/12 Budget for
Replacing the Security Lights at Campus Park and Poindexter Park. Staff
Recommendation: Adopt Resolution No. 2012- , amending the FY
2012/13 budget to appropriate $11 ,730 from the General Fund to the
Parks Division to prepare the plans and specifications. ROLL CALL
VOTE REQUIRED (Staff: Jeremy Laurentowski)
Regular City Council Meeting Agenda
July 18, 2012
Page 9
10. CONSENT CALENDAR: (continued)
CITY COUNCIL: (continued)
X. Consider Request from Relay for Life to Co-Sponsor the 2013 Relay for
Life Event. Staff Recommendation: 1) Approve the request and waive
park rental fees associated with the event, subject to direct cost
reimbursement; and 2) Authorize the City Manager to approve modified
hours of operation for Arroyo Vista Community Park from 10:00 p.m. on
April 27, 2013 to 6:00 a.m. on April 28, 2013, as a condition of the rental
permit for Relay for Life's event. (Staff: laugh Riley)
Y. Consider Resolution Authorizing the Acquisition of 530 Moorpark Avenue,
Amending the Fiscal Year 2012/13 Budget to Fund the Purchase from Los
Angeles Area of Contribution Fund and the Endowment Fund, and
Accepting the Grant Deed for Recordation. Staff Recommendation: 1)
Adopt Resolution No. 2012- ; 2) Authorize the City Manager to
execute all documents necessary to this transaction, not to exceed
$1,250,000.00; and 3) Authorize the City Clerk to accept and consent to
the recordation of any deed. ROLL CALL VOTE REQUIRED (Staff:
David Moe)
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
A. Consider Ordinance No. 414 Approving Zoning Ordinance Amendment
No 2012-1• an Amendment to Section 17.44.030, Zoning Clearance, and
Subsection 17.44.040(C), Planned Development (PD) Permit, of Section
17.44.040, Discretiona!y Permits and Exceptions, of Chapter 17.44,
Application Review Procedures of Title 17, Zoning, of the Moorpark
Municipal Code Related to Changes in Color on Existing Buildings. Staff
Recommendation: Waive full reading, declare Ordinance No. 414 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 he discussed — 4)
Regular City Council Meeting Agenda
July 18, 2012
Page 10
10. CONSENT CALENDAR: (continued)
CITY COUNCIL: (continued)
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
July 18, 2012
Page 11
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, July 18, 2012, at 7:00
p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark
Avenue, Moorpark, California, was posted on July 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 July 13, 2012.
Maureen Benson, City Clerk