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HomeMy WebLinkAboutAGENDA 2010 0120 CC REGResolution No. 2010 -2885 Ordinance No. 384 CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, JANUARY 20, 2010 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.) 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 REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure, Section 2.9, Items to be withdrawn from the Consent Calendar shall be identified at this time.)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 Hail 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.mooroark.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 January 20, 2010 Page 2 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS /CONFERENCES ATTENDED BY COUNCILMEMBERS AND MAYOR: 8. PUBLIC HEARINGS: A. Consider Modification No 1 to Residential Planned Development (RPD) No 1998 -01 a Reguest to Relocate the Required Recreation Center from Vesting Tentative Tract Map No 5425 to Tract Map No. 5133, Located on the South Side of Los Angeles Avenue at Millard Street, on the Application of Shea Homes. Inc. (continued open public hearing from December 16, 2009) Staff Recommendation: Continue to accept public testimony, and continue the agenda item with the public hearing open to February 17, 2010 regular City Council meeting. (Staff: David Bobardt) 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Amendment No 2 to Architectural Agreement with HMC Architects for Additional Design Fees for the Ruben Castro Services Center. Staff Recommendation: Approve Amendment No. 2 to professional services agreement with HMC Architects to increase the amount of their agreement by $99,973.00 from $1,136,681.00 to $1,236,654.00 and authorize the City Manager to execute said amendment, subject to final language approval by the City Manager and City Attorney. (Staff: Hugh Riley) B. Consider Ranking Recommendations Associated with Fiscal Year 2010- 2011 Community Development Block Grant (CDBG) Funding Proposals. Staff Recommendation: Review the FY 2010 -11 CDBG public facility and public service project proposals and ranking recommendations and authorize staff to forward the recommendations to the County Executive Office for review. (Staff: Hugh Riley) C. Consider Adoption of Policy for Distribution Use and Reporting of Tickets or Passes. Staff Recommendation: Approve new policy, consistent with attachment to agenda report, and direct staff to incorporate the new policy into the next update of the City Council Policies Resolution. (Staff: Deborah Traffenstedt) 10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) A. Consider Minutes of Regular Meeting of December 16, 2009. Staff Recommendation: Approve the minutes. Regular City Council Meeting Agenda January 20, 2010 Page 3 10. CONSENT CALENDAR: (continued) B. Consider Minutes of Regular Meeting of January 6, 2010. Staff Recommendation: Approve the minutes. C. Consider Warrant Register for Fiscal Year 2009 -2010 — January 20, 2010. Staff Recommendation: Approve the warrant register. D. Consider Additional Design Fees for the City Hall Project. Staff Recommendation: Approve Sixth Amendment to GKK Works agreement, authorizing the additional $30,000.00 to finalize the Environmental Impact Report master planning services, and authorize the City Manager to execute the agreement, subject to final language approval by the City Manager and City Attorney. (Staff: Hugh Riley) E. Consider Resolution Rescinding Resolutions Nos. 2003 -2075 and 2005- 2431 and Authorizing the Employees with the Listed Job Classifications to Enforce the Municipal Code. Staff Recommendation: Adopt Resolution No. 2010- , establishing those positions which would have civil citation authority under the Municipal Code and rescinding Resolutions Nos. 2003- 2075 and 2005 -2431. (Staff: Tom Kruse) F. Consider Agreement Amendment with Azteca Landscape for Landscape Maintenance Services for Poindexter Park Expansion Project. Staff Recommendation: Approve an amendment to the City's Agreement with Azteca Landscape to include services at Poindexter Park, and authorize the City Manager to execute said amendment. (Staff: Tom Kruse) G. Consider Reduction of Improvements Performance & Payment Bond for Freeway Corporate Center /Moorpark Carlsberg Holdings LLC (Tract 5226. Staff Recommendation: 1) Authorize the City Clerk to reduce Improvements Performance & Payment Bond #34BCSEU9710 to 10 %; and 2) Authorize the City Clerk to fully exonerate this Bond one year after this reduction approval and upon written confirmation from the City Engineer that no warranty work is required. (Staff: Yugal Lail) H. Consider Reduction of Improvements Performance & Payment Bond and Erosion Control Bond for KB Homes Greater Los Angeles Inc. (Tract 5045-8). Staff Recommendation: Authorize the City Clerk to reduce Improvement/Performance & Payment Bond #6445491 and Erosion Control Bond #K07509406 to 50 %. (Staff: Yugal Lail) Regular City Council Meeting Agenda January 20, 2010 Page 4 10. CONSENT CALENDAR: (continued) I. Consider Reduction of Surety Bond for Pardee Homes, Moorpark Highlands — Tract Map No. 5045 -1. Staff Recommendation: 1) Authorize the City Clerk to reduce the Surety Bond #104854691 to 10 %; and 2) Authorize the City Clerk to fully exonerate this Bond one year after this reduction approval and upon written confirmation from the City Engineer that no warranty work is required. (Staff: Yugal Lail) J. Consider Reduction of Surety Bond for Pardee Homes, Moorpark Highlands — Tract 5045 -6. Staff Recommendation: 1) Authorize the City Clerk to reduce the Surety Bonds #103883732 and #103883734 to 10 %; and 2) Authorize the City Clerk to fully exonerate these Bonds one year after this reduction approval and upon written confirmation from the City Engineer that no warranty work is required. (Staff: Yugal Lail) K. Consider Promotion of Planning Director to Community Development Director. Staff Recommendation: Approve promotion of Mr. David Bobardt to the position of Community Development Director effective January 16, 2010. (Staff: Steven Kueny) L. Consider Annual Financial Statements and Other Audit Reports for Fiscal Year Ended June 30, 2009. Staff Recommendation: Accept the Comprehensive Annual Financial Report (CAFR), Management Letter, Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards, Independent Accountant's Report on Agreed -Upon Procedures Applied to Appropriations Limit Worksheets, and the Independent Auditor's memo regarding the audit process; and receive and file the report. ROLL CALL VOTE REQUIRED (Staff: Ron Ahlers) 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) Regular City Council Meeting Agenda January 20, 2010 Page 5 12. CLOSED SESSION: (continued) C. 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; Finance Director; Parks and Recreation Director; and Planning 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 In. Regular City Council Meeting Agenda January 20, 2010 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 Assistant City Clerk of the City of Moorpark and that an agenda of the Regular Meeting of the Moorpark City Council to be held on January 20, 2010, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on January 15, 2010, 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 15, 2010. Maureen Benson, Assistant City Clerk NOTICE OF CONTINUANCE OF OPEN PUBLIC HEARING Duly noticed public hearing regarding: Consider Modification No. 1 to Residential Planned Development (RPD) No. 1998 -01, a Request to Relocate the Required Recreation Center from Vesting Tentative Tract Map No. 5425 to Tract Map No. 5133, Located on the South Side of Los Angeles Avenue at Millard Street, on the Application of Shea Homes, Inc. was held at a regular meeting on January 20, 2010, at which time the City Council continued the open public hearing to a Regular City Council meeting to be held at 7:00 p.m. on February 17, 2010, in the Community Center located at 799 Moorpark Avenue, Moorpark, California. Dated: January 21, 2010. Blanca Garza, Deputy City Clerk STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING I, Blanca Garza, declare as follows: That I am the Deputy City Clerk of the City of Moorpark and that a Notice of Continuance of Open Public Hearing regarding: Consider Modification No. 1 to Residential Planned Development (RPD) No. 1998 -01, a Request to Relocate the Required Recreation Center from Vesting Tentative Tract Map No. 5425 to Tract Map No. 5133, Located on the South Side of Los Angeles Avenue at Millard Street, on the Application of Shea Homes, Inc. continued from January 20, 2010, to February 17, 2010, was posted on January 21, 2010, at a conspicuous location near the place of the meeting: Moorpark Community Center 799 Moorpark Avenue Moorpark, California I declare under penalty of perjury that the foregoing is true and correct. Executed on January 21, 2010. Blanca Garza Deputy City Clerk