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CC Resolution No. 2012-3149
CC Ordinance No. 416
SA Resolution No. SA-2012-2
MEETINGS OF MOORPARK CITY COUNCIL AND
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK ("SUCCESSOR AGENCY")
REGULAR MEETING AGENDA
WEDNESDAY, DECEMBER 19, 2012
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:
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(Pursuant to Council Rules of Procedure, Section 2.9, Items to be withdrawn from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.moorpark.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.
Moorpark City Council/Successor Agency
December 19, 2012, Regular Meeting Agenda
Page 2
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND
MAYOR:
8. PUBLIC HEARINGS:
A. Consider Ordinance Terminating Development Agreement No. 1998-04
Adopted by Ordinance No 250 and Consider Adopting Development
Agreement No 2012-01 by and between the City of Moorpark and A-B
Properties for Approximately 34.53 Acres North of the Union Pacific
Railroad Right-of-Way, West of Gabbert Road. Staff Recommendation:
1) Continue to accept public testimony, and close the public hearing; and
2) Introduce Ordinance No. , amending a Development Agreement
with A-B Properties, for first reading, waive full reading, and schedule
second reading and adoption for January 16, 2013. (Staff: David
Bobardt)
9. PRESENTATION/ACTION/DISCUSSION:
A. Consider Presentations from Applicants for Moorpark Arts Commission,
Parks and Recreation Commission and Planning Commission. Staff
Recommendation: Hear presentations from applicants and defer
appointment until the January 16, 2013, regular meeting, following the
remaining applicant presentations. (Staff: Maureen Benson)
B. Consider Appointment to the Citizens Transportation Advisory Committee
Cf TAC). Staff Recommendation: Appoint one representative to serve a
two-year term ending December 2014, while staff conducts a third
recruitment for another representative and one alternate. (Staff:
Maureen Benson)
C. Consider City Council Standing Committee Appointments and
Assignments for Calendar Year 2013. (continued from December 5,
2012) Staff Recommendation: 1) Make appointments to the Standing
Committees, Ad Hoc Committees, and Other Moorpark City Council
Appointments with the exception of the appointment to the Ventura County
Animal Regulation Commission and the Ventura County Transportation
Commission; 2) Once the City Council nominee has been determined for
appointment to the Ventura County Animal Regulation Commission, they
may recuse themself and leave the dais, the Council may then make the
individual appointment; and 3) Once the City Council nominee has been
determined for appointment to the Ventura County Transportation
Commission, they may recuse themself and leave the dais, the Council
may then make the individual appointment. (Staff: Maureen Benson)
Moorpark City Council/Successor Agency
December 19, 2012, Regular Meeting Agenda
Page 3
9. PRESENTATION/ACTION/DISCUSSION: (continued)
D. Consider Second One-Year Extension for Residential Planned
Development No 1998-02 (Vistas at Moorpark Project — Formerly
SunCal) Located East of Walnut Canyon Road, and North of Wicks Road,
on the Application of Armed Forces Bank, N.A. Staff Recommendation:
Direct the Community Development Director to issue a letter denying a
second one-year extension of Residential Planned Development No.
1998-02 (Vistas at Moorpark project). (Staff: David Bobardt)
E. Consider Setting Public Workshop on General Plan Amendment Pre-
Screenina No 2012-02 to Expand the City Urban Restriction Boundary
(CURB) and Establish Land Use Designations on 3,805.7 Acres Generally
North and East of Moorpark College and Campus Hills Currently Outside
the City Corporate Boundaries on the Application of Residential
Strateges LLC for Coastline RE Holdings Moorpark Corporation. Staff
Recommendation: Direct staff as deemed appropriate. (Staff: David
Bobardt)
F. Consider Installation of Blink and ChargePoint Electric Vehicle Supply
Equipment (EVSE); Award Contract to ECOtality North America; Award
Contract to Coulomb Technologies Inc.; and Consider Resolution
Amending the Fiscal Year 2012/13 Budget to Fund the Project from the
Transportation stems Management Fund (2001). Staff
Recommendation: 1) Approve the installation of two Blink Level 2
Commercial Pedestal Chargers and two ChargePoint Dual Level Pedestal
Chargers at locations identified in the agenda report; 2) Award a contract
to ECOtality North America and authorize the City Manager to execute the
contract, subject to final language approval by the City Manager and City
Attorney; 3) Award a contract to Coulomb Technologies, Inc. and
authorize the City Manager to execute the contract, 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 $9,300 from the Transportation Systems Management Fund
(2001) to the Facilities Division (7620) to fund this project. ROLL CALL
VOTE REQUIRED (Staff: Jeremy Laurentowski)
Moorpark City Council/Successor Agency
December 19, 2012, Regular Meeting Agenda
Page 4
9. PRESENTATION/ACTION/DISCUSSION: (continued)
G. Consider Providing Staff with Direction on Business Registration Permit
Requirements and Consider Resolution Directing the Planning
Commission to Study Hold a Public Hearing, and Provide a
Recommendation to the City Council on an Amendment to Section
17 28 020(B) (Home Occupations and Garage Sales) of the Zoning
Ordinance. Staff Recommendation: 1) Direct staff to draft amendments to
Chapter 5.08 of the Moorpark Municipal Code as recommended for City
Council consideration; and 2) Adopt Resolution No. 2012- (Staff:
David Bobardt)
H. Consider National Park Service Rim of the Valley Corridor Special
Resource Study Preliminary Findings and Alternative Concepts. Staff
Recommendation: Direct staff as deemed appropriate. (Staff: David
Bobardt)
I. Consider Extending Fixed Route Dial-A-Ride and Americans with
Disabilities Act (ADN Paratransit Service Hours and Consider Amending
Intergovernmental Agreements with the City of Thousand Oaks for Fixed
Route Transit Operations Fixed Route Transit Preventive Maintenance,
and Dial-A-Ride Paratransit Services; and Consider a Resolution
Amending the Fiscal Year 2012/13 Budget to Appropriate Funds for the
Transit Service Demonstration Project. Staff Recommendation: 1)
Approve adjusting the fixed route transit service and Dial-A-Ride and ADA
Paratransit service hours from 6:00 a.m. through 6:00 p.m. to 5:00 a.m.
through 8:00 p.m., subject to final approval by the City Manager; 2)
Approve adding fixed route transit service on Saturdays from 8:00 a.m.
through 5:00 p.m., subject to final approval by the City Manager; 3)
Approve adding Dial-A-Ride and ADA Paratransit services from 8:00 a.m.
through 5:00 p.m. on Saturday and Sunday, subject to final approval by
the City Manager; 4) Authorize the City Manager to implement the new
transit services as soon as possible, once the Ventura County
Transportation Commission confirms the City many proceed with starting
services; 5) Authorize the City Manager to amend the Intergovernmental
Agreements with the City of Thousand Oaks 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; and 6) Adopt Resolution No. 2012- , amending the FY
2012/13 Budget to fund the transit service demonstration project, including
bus stop and bus shelter improvements. ROLL CALL VOTE REQUIRED
(Staff: Dave Klotzle)
Moorpark City Council/Successor Agency
December 19, 2012, Regular Meeting Agenda
Page 5
9. PRESENTATION/ACTION/DISCUSSION: (continued)
J. Consider Authorization of Changes to Language in the First Time Home
Buyer Program Resale and Refinance Restriction Aareement and Option
to Purchase Property. Staff Recommendation: 1) Approve the language
changes to the Resale and Refinance Restriction Agreement and Option
to Purchase document as outlined in the agenda report with authority
granted to the City Manager for final language approval; and 2) Authorize
the City Manager to approve First Time Home Buyer refinancings with no
cash out. (Staff: David Moe)
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Minutes of Special 7:00 g-m. City Council Meeting of October 10,
2012. Staff Recommendation: Approve the minutes.
B. Consider Minutes of Regular City Council Meeting of October 17, 2012.
Staff Recommendation: Approve the minutes.
C. Consider Minutes of Regular City Council Meeting of November 7, 2012.
Staff Recommendation: Approve the minutes.
D. Consider Minutes of Special City Council Meeting of November 28, 2012.
Staff Recommendation: Approve the minutes.
E. Consider Minutes of Regular City Council Meeting of December 5, 2012.
Staff Recommendation: Approve the minutes.
F. Consider Warrant Register for Fiscal Year 2012/13 — December 19, 2012.
Staff Recommendation: Approve the warrant register.
G. Consider Report of 2012 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 (PA 1-6) and
KB Home (PA 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 2012 annual
review process complete. (Staff: David Bobardt)
Moorpark City Council/Successor Agency
December 19, 2012, Regular Meeting Agenda
Page 6
10. CONSENT CALENDAR: (continued)
H. Consider Beverage Container Recycling Grant and Payment Program
Funding Request Submittal to the California Department of Resources
Recycling and Recovery. Staff Recommendation: Authorize the City
Manager or his designee to submit the Beverage Container Recycling
Grant Funding Request and all required documents to CalRecycle. (Staff:
Dave Klotzle)
I. Consider Resolution Authorizing Acceptance of an Emergency
Management Performance Grant Application in the Amount of $3,152.00
as the City's Share of the Ventura County Operational Area Allocation and
Amending the Fiscal Year 2012/13 Budget to Reflect the Grant Revenue
and Expenditures. Staff Recommendation: Adopt Resolution No. 2012-
. ROLL CALL VOTE REQUIRED (Staff: John Brand)
J. Consider Additional Funding for Additional Work to Perform Installation of
Revised Exterior Trellis Materials and Amendment No. 5 to the Agreement
with Standard D!)Lwall Inc. for the Ruben Castro Human Services Center.
Staff Recommendation: Approve additional funding in the amount of
$55,904.85 for installation of revised exterior architectural sunshade
material for the Ruben Castro Human Services Center and authorize the
City Manager to execute Amendment No. 5 in the amount of $160,772.00
to Standard Drywall, Inc., subject to final language approval of the City
Manager and City Attorney. (Staff: Hugh Riley)
K. (SUCCESSOR AGENCY) Consider Amendment No. 5 to Professional
Services Agreement with Ky Spangler for Special Projects Consulting
Services for the Ruben Castro Human Services Center through March 31,
2013. Staff Recommendation: Approve Amendment No. 5 to Agreement
with Ky Spangler for activities related to the construction of the Ruben
Castro Human Services Center and authorize the Executive Director to
execute the Agreement, subject to final language approval of the
Executive Director and Agency Counsel. (Staff: Hugh Riley)
L. (SUCCESSOR AGENCY) Consider Award of Agreement to NCM
Demolition and Remediation L.P. for the Removal of Underground
Storage Tanks (UST) and Demolition of Structures at 412/450 High Street
(Project 5084) and Resolution Amending the Fiscal Year 2012/13 Budget.
Staff Recommendation: 1) Award the Agreement for demolition to the
lowest bidder, NCM Demolition and Remediation, L.P., in the amount of
$107,700.00 plus a 10% project contingency, and authorize the Executive
Director to execute the Agreement, subject to final language approval by
the Executive Director and Agency Counsel; and 2) Adopt Resolution No.
2012- ROLL CAL VOTE REQUIRED (Staff: David Moe)
Moorpark City Council/Successor Agency
December 19, 2012, Regular Meeting Agenda
Page 7
11. ORDINANCES: (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 LABOR NEGOTIATOR
(Pursuant to Section 54957.6 of the Government Code)
Agency Designated Representative: Steven Kueny
Employee Organization: Service Employees International Union, AFL-CIO,
CLC, Local 721
D. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Section 54957.6 of the Government Code)
Agency Designated Representative: Steven Kueny
Unrepresented employees: Accountant I; Active Adult Center Supervisor;
Administrative Services Manager; Assistant City Manager; Assistant
Engineer; Budget and Finance Manager; City Clerk; City Manager; City
Engineer/Public Works Director; Community Development Director;
Deputy City Manager; Finance Director; Human Resources Analyst;
Landscape/Parks Maintenance Superintendent; Management Analyst;
Parks and Landscape Manager; Principal Planner; Public Works
Superintendent/Inspector; Recreation Superintendent; Recreation
Supervisor; Redevelopment Manager; Senior Information Systems
Analyst; and Senior Management Analyst
E. 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
December 19, 2012, Regular Meeting Agenda
Page 8
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 and the Successor Agency of the Redevelopment
Agency of the City of Moorpark to be held on Wednesday, December 19, 2012, at 7:00
p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark
Avenue, Moorpark, California, was posted on December 14, 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 December 14, 2012.
Maureen Benson, City Clerk