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Resolution No. 2011-3072
Ordinance No. 410
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, NOVEMBER 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:
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.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
November 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withdrawn from the Consent Calendar shall be identified at this time.)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:
9. PRESENTATION/ACTION/DISCUSSION:
A. Consider Amendment No. 2 and No. 3 to Construction Agreement with
John S. Bascom, Inc. dba Precision Plumbing-Mechanical for Additional
Work to Install an Offsite Storm Drain Connection for the Ruben Castro
Human Services Center on Spring Road. Staff Recommendation: 1)
Approve a storm drain connection in Spring Road for the Ruben Castro
Human Services Center using proposed Storm Drain Alignment #2, as
described in the agenda report; and 2) Authorize the City Manager to
execute Amendment No. 2 and No. 3 to the construction agreement with
Precision Plumbing-Mechanical in an amount not-to-exceed $35,000 and
$233,000 respectively, subject to final language approval by the City
Manager and City Attorney. ROLL CALL VOTE REQUIRED (Staff:
Dave Klotzle)
B. Consider an Amendment to Section 2.04.050, Filling of Vacancies, of
Chapter 2.04, City Council, of Title 2 of the Moorpark Municigal Code.
Staff Recommendation: Direct staff to draft an ordinance amending
Section 2.04.050 of the Municipal Code consistent with State law, as
described in the agenda report, and direct staff whether any other
amendment to Section 2.04.050 should also be incorporated as deemed
appropriate. (Staff: Deborah Traffenstedt)
C. Consider Proposed Reassignment of Superior Court Civil Cases from the
East County Courthouse in Simi Valley to the Ventura County Hall of
Justice. Staff Recommendation: Authorize the Mayor to sign a letter in
opposition to the proposed reassignment. (Staff: Steven Kueny)
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Minutes of Regular Meeting of October 5, 2011. Staff
Recommendation: Approve the minutes.
Regular City Council Meeting Agenda
November 2, 2011
Page 3
10. CONSENT CALENDAR: (continued)
B. Consider Minutes of Regular Meeting of October 19, 2011. Staff
Recommendation: Approve the minutes.
C. Consider Warrant Register for Fiscal Year 2011/12 — November 2, 2011.
Staff Recommendation: Approve the warrant register.
D. Consider Relocation Plan for Tenants at 161 Second Street. Staff
Recommendation: Approve Relocation Plan. (Staff: David Moe)
E. Consider Conejo Valley YMCA Request to Use the High Street Arts
Center for Youth and Government Event. Staff Recommendation:
Approve the co-sponsorship of the Conejo Valley YMCA Youth and
Government Event on November 17, 2011. (Staff: John Brand)
F. Consider a Cooperative Agreement with the State Department of Health
Services and Agencies Applying Pesticides for Public Health Purposes.
Staff Recommendation: Approve the Cooperative Agreement and
authorize the Mayor to execute the Agreement on behalf of the City.
(Staff: John Brand)
G. Consider Surety Bond Exoneration for Toll CA L.P., Moorpark Country
Club Estates, Tract 4928-3. Staff Recommendation: Authorize the City
Clerk to fully exonerate the Performance and Payment Surety Bond No.
104058247 for Toll CA L.P., Moorpark Country Club Estates, Tract 4928-
3. (Staff: Dave Klotzle)
H. Consider Surety Bond Exonerations for Resmark Equity Partners, Tract
5187 and Tract 5405 as Equivalent Replacement Sureties Have Been
Submitted. Staff Recommendation: Authorize the City Clerk to fully
exonerate Surety Bond Nos. SU5025689, SU5025691, SU5025694,
SU5025697, SU5025698, SU5025699, SU5025721, and SU5025722 for
Resmark Equity Partners, Tract 5187 and Tract 5405. (Staff: Dave
Klotzle)
I. Consider Amendment No. 6 to Architectural Agreement with HMC
Architects (HMC) for Design Revisions for Driveway Realignment, Site
Boundary Wall and Storm Drain System Modifications, and Separating
Water Meters for Ruben Castro Human Services Center. Staff
Recommendation: Approve Amendment No. 6 to HMC Agreement to
increase the amount of the agreement by $21,815 for design revisions
from $1,383,443 to $1,405,258 and authorize the City Manager to execute
the amendment, subject to final language approval by the City Manager
and City Attorney. ROLL CALL VOTE REQUIRED (Staff: Hugh Riley)
Regular City Council Meeting Agenda
November 2, 2011
Page 4
10. CONSENT CALENDAR: (continued)
J. Consider Terminating the Existing Cooperation Agreement between the
City of Moorpark and the Area Housing Authorily of the County of Ventura
(AHA) and Executing a New Cooperation Agreement and Memorandum of
Understanding to Allow the Redirection of the PILOT Payment to Support
Programs at Tafoya Terrace Located at 344 Charles Street. Staff
Recommendation: Direct the City Manager to execute the Cooperation
Agreement and Memorandum of Understanding with the AHA to allow the
redirection of the PILOT payment to support programs at Tafoya Terrace
and terminating the existing Cooperation Agreement, subject to final
language approval by the City Manager and City Attorney. (Staff: David
Moe)
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. 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
November 2, 2011
Page 5
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, November 2, 2011, at
7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark
Avenue, Moorpark, California, was posted on October 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 October 28, 2011.
Maureen Benson, City Clerk