HomeMy WebLinkAboutAGENDA 2011 0202 CC REGResolution No. 2011 -2994
Ordinance No. 398
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, FEBRUARY 2, 2011
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 Employee, Roy Forney, Laborer /Custodian IV in the
Parks and Recreation Department.
B. Proclamation Declaring Support for the Let's Move! Campaign.
5. PUBLIC COMMENT:
(AT THIS POINT IN THE MEETING, THE COUNCIL WILL CONVENE THE REGULAR
REDEVELOPMENT AGENCY MEETING, UNLESS CANCELED.)
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.
Regular City Council Meeting Agenda
February 2, 2011
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withdrawn from the Consent Calendar shall be identified at this time.)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 an Ordinance Amending Chapter 5.48 Massage Establishments
and Therapists, of Title 5 Business Taxes, Licenses and Regulations; and
Section 17.08.010 Definitions and Section 17.20.060 Uses by Zone, of
Title 17 Zoning of the Moorpark Municipal Code. Staff Recommendation:
1) Open the public hearing, accept public testimony, and close the public
hearing; and 2) Introduce Ordinance No. for first reading, waive full
reading, and direct staff to schedule second reading and adoption for
February 16, 2011. (Staff: David Bobardt)
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider Providing Comments on Possible Unmet Transit Needs to the
Ventura County Transportation Commission (VCTC) and Receive Report
on Unmet Transit Needs Findings and Goals. Staff Recommendation:
Provide comments and direct staff to forward them to VCTC, prior to the
end of the public comment period. (Staff: Shaun Kroes)
B. Consider Resolution Adopting a Revised Fee Schedule for Services
Rendered Pursuant to the Moorpark Municipal Code Relating to Business
Registration Fees and Rescinding Resolution No. 2008 -2724. Staff
Recommendation: Adopt Resolution No. 2011- , rescinding
Resolution No. 2008 -2724. ROLL CALL VOTE REQUIRED (Staff:
David Bobardt)
C. Consider Resolution of Intention to Grant an Oil Pipeline Franchise to
Crimson California Pipeline, L.P. for a Twenty -Year Period Pursuant to the
California Public Utilities Code. Staff Recommendation: Adopt Resolution
No. 2011- and set public hearing for March 2, 2011. (Staff: Hugh
Riley)
Regular City Council Meeting Agenda
February 2, 2011
Page 3
9. PRESENTATION /ACTION /DISCUSSION: (continued)
D. Consider Resolution Updating the City's Landscape Design Standards
and Guidelines to be Consistent with Municipal Code Chapter 15.23,
Water Efficient Landscape Ordinance, and the Model Efficient Landscape
Ordinance of the State of California as contained in the California Code of
Regulations Title 23. Waters, Division 2. Department of Water Resources,
Chapter 2.7. Model Water Efficient Landscape Ordinance, Sections 490
through 494: and Rescinding Resolution No. 2004 -2244. Staff
Recommendation: Adopt Resolution No. 2011- rescinding
Resolution No. 2004 -2244. (Staff: Jeremy Laurentowski)
E. Consider Status Report on Mission Statement, Priorities, Goals and
Objectives for Fiscal Year 2010/11 and Direction for Fiscal Year 2011/12.
Staff Recommendation: Direct staff as deemed appropriate. (Staff:
Steven Kueny)
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Minutes of Special Meeting of December 15, 2010. Staff
Recommendation: Approve the minutes.
B. Consider Warrant Register for Fiscal Year 2010/11 — February 2, 2011.
Staff Recommendation: Approve the warrant register.
C. Consider Resolutions to Initiate Proceedings Related to the Citywide
Landscape and Lighting Maintenance Assessment District and the Parks
and Recreation Maintenance Improvement District for Fiscal Year 2011/12
and Consider Amendment to the Agreement with SCI Consulting Groue
for Professional Consulting, Engineer of Work, and Levy Administration.
Staff Recommendation: 1) Adopt Resolution Nos. 2011- and 2011-
; and 2) Approve the amendment to SCI Consulting Group
agreement, subject to final language approval by the City Manager and
City Attorney; and authorize the City Manager to sign the agreement.
ROLL CALL VOTE REQUIRED (Staff: Ron Ahlers)
D. Consider Resolution Establishing a "Parking by Permit Only" Zone on
Minor Street and Fitch Avenue. Staff Recommendation: Adopt Resolution
No. 2011- . (Staff: David Klotzle)
Regular City Council Meeting Agenda
February 2, 2011
Page 4
10. CONSENT CALENDAR: (continued)
E. Consider Amendment No. 4 to Architectural Agreement with HMC
Architects for Reimbursable Expenses for the Ruben Castro Human
Services Center. Staff Recommendation: Approve Amendment No. 4 to
the Agreement to increase the amount by $38,000 from $1,322,793 to
$1,360,793 and authorize the City Manager to execute the Amendment,
subject to final language approval by the City Manager and City Attorney.
(Staff: Hugh Riley)
F. Consider Agreement with Jensen Design and Survey, Inc. for Surveying
Services for the Ruben Castro Human Services Center Capital
Improvement Project (5020). Staff Recommendation: Approve
Agreement, and authorize the City Manager to sign the Agreement,
subject to final language approval by the City Manager and City Attorney,
and authorize the City Manager to approve additional services not to
exceed 10% contingency amount as outlined in the agenda report. (Staff:
Hugh Riley)
G. Consider Option Agreement with the Moorpark Redevelopment Agency of
the City of Moorpark to Purchase Agency Land Held for Resale. Staff
Recommendation: 1) Approve Option Agreement with the Redevelopment
Agency of the City of Moorpark for the right to purchase Agency's land
held for resale, subject to final language approval by the City Manager and
City Attorney; and 2) Authorize the Mayor to execute any documents
necessary to facilitate granting the option to the City. (Staff: Hugh Riley)
H. Consider Resolution Approving and Authorizing Reimbursement
Agreement Between the Redevelopment Agency of the City of Moorpark
and the City of Moorpark for the Construction of the High Street
Streetscape Project, a Neighborhood Park Located at 161 Second Street:
Purchase of 161 Second Street: and Accept Grant Deed. Staff
Recommendation: 1) Adopt Resolution No. 2011- ; and 2) Authorize
the Mayor to execute the Reimbursement Agreement, subject to final
language approval by the City Manager and the City Attorney. ROLL
CALL VOTE REQUIRED (Staff: David Moe)
Regular City Council Meeting Agenda
February 2, 2011
Page 5
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
A. Consider Ordinance No. 397 Amending Chapters 8.52, Stormwater
Quaft Management; 9.08, Offenses Against Public Decency: 9.16,
Offenses Involving Minors: 10.04, Traffic Code; 10.08, Private Roads and
Parking Facilities; and 10.20, Skateboard, Motorized Skateboard, Scooter,
Motorized Scooter, Roller Skate and In -Line Skate Regulations; Adding
Article VII in Chapter 10.04, Bus Zone Location Exception: Deleting
10.04.270, Bus Zones; Deleting Section 10.04.340, Violation — Penalty;
Adding Section 10.04.360, Bus Zones; and Adding Section 10.04.270,
Procedures for Processing Parking Violation Citations. Staff
Recommendation: Waive full reading and declare Ordinance No. 397
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 LEGAL COUNSEL — EXISTING LITIGATION
(Pursuant to Subdivision (a) of Section 54956.9 of the Government Code)
U.S. Bank National Association as Trustee vs. Casino REA Corporation;
City of Moorpark; et al. (Case No. 56- 2010- 00372244- CU- OR -S)M)
D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 161 Second Street (APN 512 -0- 102 -210)
City Negotiator: City of Moorpark - Steven Kueny, City Manager
Negotiating Parties: Miguel Magdaleno
Under Negotiation: Price and terms of sale
E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 49 First Street (APN 512 -0- 103 -020)
City Negotiator: City of Moorpark - Steven Kueny, City Manager
Negotiating Parties: Albert Ceja
Under Negotiation: Price and terms of sale
Regular City Council Meeting Agenda
February 2, 2011
Page 6
12. CLOSED SESSION: (continued)
F. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: APN 519 -0- 210 -055 & APN 519 -0- 210 -065
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: Heartland Recovery, California F #1, LLC
Under Negotiation: Price and terms of sale
G. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Subdivision (b) of Section 54957 of the Government Code)
Title: Administrative Services Director /City Clerk; Assistant City Manager;
City Manager; City Attorney; City Engineer /Public Works Director; Chief of
Police; Community Development Director; Deputy City Manager; Finance
Director; and Parks and Recreation Director
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 IQ.
Regular City Council Meeting Agenda
February 2, 2011
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, February 2, 2011, at
7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark
Avenue, Moorpark, California, was posted on January 28, 2011, 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 January 28, 2011.
Maureen Benson, City Clerk