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Resolution No. 2011-3066
Ordinance No. 410
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, OCTOBER 19, 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 City Employee, Dylan Gunning, Recreation
Coordinator in the Parks, Recreation and Community Services
Department.
B. Proclamation Recognizing the Last Week of October as Red Ribbon
Week.
C. Proclamation Declaring October 24th as World Polio 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.cl.mg2rpark.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
October 19, 2011
Page 2
(AT THIS POINT IN THE MEETING, THE COUNCIL WILL CONVENE THE REGULAR
REDEVELOPMENT AGENCY MEETING, UNLESS CANCELED.)
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withdrawn from the Consent Calendar shall be identified at this time.)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 Resolution Establishing Construction and Demolition Material
Management Plan Diversion Security Deposit Rate. Staff
Recommendation: Open the public hearing, accept public testimony,
close the public hearing, and take off calendar. (Staff: David Klotzle)
9. PRESENTATION/ACTION/DISCUSSION:
A. Consider Draft Environmental Impact Regort (EIR) for Proposed Southern
California Edison Presidential Substation Project and Utilities, Located
within Various Right-of-Ways in the County of Ventura, and the Cities of
Simi Valley and Thousand Oaks. Staff Recommendation: Direct staff to
provide a comment letter to the Environmental Project Manager to
address the unresolved issues in the Draft EIR, and provide preliminary
support for System Alternative B as outlined in the Draft EIR. (Staff:
David Bobardt)
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Minutes of Regular Meeting of October 5, 2011. Staff
Recommendation: Approve the minutes.
B. Consider Warrant Register for Fiscal Year 2011/12 —October 19, 2011.
Staff Recommendation: Approve the warrant register.
C. Consider Resolution Adopting Revised Rules of Procedure for Council
Meetings and Rescinding Resolution No. 2011-3001 . Staff
Recommendation: Adopt Resolution No. 2011- rescinding
Resolution No. 2011-3001. (Staff: Maureen Benson)
Regular City Council Meeting Agenda
October 19, 2011
Page 3
10. CONSENT CALENDAR: (continued)
D. Consider Authorization of First Trust Deed Loan for 81 First Street First
Time Home Buyer Unit. Staff Recommendation: 1) Authorize first trust
deed mortgage for new first time home buyer as described in the agenda
report; and 2) Authorize the City Manager to sign all documents needed
for the transactions, subject to final language approval of the City Manager
and City Attorney. (Staff: David Moe)
E. Consider Award of Bid and Project Approval for the Demolition of 780
Walnut Street and 124 First Street. Staff Recommendation: 1) Approve
the removal of 780 Walnut Street and 124 First Street; and 2) Award bid to
Specialized Environmental, Inc. for $24,010, including a 10% project
contingency of $2,401 and authorize execution of the Agreement by the
City Manager, subject to final language approval of the City Manager and
City Attorney. (Staff: David Moe)
F. Consider Report of 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 2011 annual review process complete. (Staff: David Bobardt)
G. Consider Report of 2011 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 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 annual
review process complete. (Staff: David Bobardt)
H. Consider Resolution Amending the Fiscal Year 2011/12 Budget Allocating
Funds to Complete Several Redevelopment Agency 1Agency) Projects
Halted Due to the California Supreme Court Issued Stay and Properly
Maintain Former Agency Properties until March 31, 2012. Staff
Recommendation: Adopt Resolution No. 2011- ROLL CALL VOTE
REQUIRED (Staff: David Moe)
Regular City Council Meeting Agenda
October 19, 2011
Page 4
10. CONSENT CALENDAR: (continued)
I. Consider Addendum No. 1, Amending the Pesticide Application Plan.
Staff Recommendation: Adopt Addendum No. 1 to Pesticide Application
Plan, subject to final language approval by the City Manager; and
authorize the City Manager to sign and submit the amended Plan and any
necessary updates in the future. (Staff: John Brand)
J. Consider Resolution Amending the Fiscal Year 2011/12 Budget Allocating
Funds from the Equipment Replacement Fund (4003) for Purchase of Two
Replacement Information Systems Citywide Infrastructure Switches at CitX
Hall. Staff Recommendation: Adopt Resolution No. 2011- ROLL
CALL VOTE REQUIRED (Staff: Jennifer Mellon)
K. Consider Resolution Amending the Fiscal Year 2011/12 Budget Allocating
Funds from the Equipment Replacement Fund (4003) for Purchase of a
Replacement City Identification Badge System. Staff Recommendation:
Adopt Resolution No. 2011- ROLL CALL VOTE REQUIRED
(Staff: Jennifer Mellon)
L. Consider Surety Bond Exoneration for Toll CA L.P., Moorpark CountrX
Club Estates, Tract 4928-3. Staff Recommendation: Authorize the City
Clerk to fully exonerate Surety Bond Nos. 104058248 and 104058249 for
Toll CA L.P., Moorpark Country Club Estates, Tract 4928-3. (Staff: Dave
Klotzle)
M. Consider Resolution Authorizing the City Manager to Request a
Cooperative Work Agreement for Bicycle Transportation Account Funds
for Capital Improvement Project 8012, Princeton Avenue Widening. Staff
Recommendation: Adopt Resolution No. 2011- (Staff: Dave
Klotzle)
N. Consider Notice of Completion for the Collins Drive and University Drive
Traffic Signal Installation (Project 8078). Staff Recommendation: Authorize
the City Clerk to file the Notice of Completion for the project, and authorize
the release of the project bonds as described in the agenda report. (Staff:
Dave Klotzle)
O. Consider Purchase of a Turf Aerator and Tractor: and Resolution
Amending the Fiscal Year 2011/12 Budget. Staff Recommendation: 1)
Approve the purchase of an aerator and tractor for the Parks Division; and
2) Adopt Resolution No. 2011- amending the FY 2011/12 Budget to
appropriate $32,600 from the General Fund to the Parks Division. ROLL
CALL VOTE REQUIRED (Staff: Jeremy Laurentowski)
Regular City Council Meeting Agenda
October 19, 2011
Page 5
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
A. Consider Ordinance No. 408 Approving Zone Change No. 2009-01 for a
Change of Zoning on 10.75 Acres on the North Side of Los Angeles
Avenue, West of Gabbert Road, on the Application of Triliad Development
Inc. for Los Angeles Avenue LLC. Staff Recommendation: Waive full
reading and declare Ordinance No. 408 read for the second time and
adopted as read. ROLL CALL VOTE REQUIRED
B. Consider Ordinance No. 409 Adopting a Development Agreement
between the City of Moorpark and Los Angeles Avenue LLC, PEGH
Investments, LLC, the Kevin Newburg Trust, and the Richard S. Held
Enterprises Retirement Trust. Staff Recommendation: Waive full reading
and declare Ordinance No. 409 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).
Regular City Council Meeting Agenda
October 19, 2011
Page 6
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, October 19, 2011, at
7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark
Avenue, Moorpark, California, was posted on October 14, 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 October 14, 2011.
Maureen Benson, City Clerk