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Resolution No. 2010-2903
Ordinance No. 386
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, MAY 5, 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:
A. Proclamation Declaring May as Veteran's Appreciation Month.
B. Proclamation Declaring May 16th to May 22nd, 2010 as National Public
Works Safety Week.
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.mooroark.ce.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
May 5, 2010
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(Pursuant to Council Rules of Procedure, Section 2.9, Items to be withdrawn from the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 Farm Bureau Briefing on Asian Citrus Psyllid Threat. Staff
Recommendation: Hear the presentation by John Krist, Chief Executive
Officer for the Farm Bureau of Ventura County. (Staff: John Brand)
B. Consider Award of Contract for the Mountain Trail Street and Spring Road
Pavement Rehabilitation — Project 8083. Staff Recommendation: 1)
Award a construction contract to Nye & Nelson, Inc, and authorize the City
Manager to execute the construction contract in the amount of
$510,394.90 for the subject project; and 2) Authorize the City Manager to
amend the construction contract for project contingencies in an amount
not to exceed $52,000.00 if and when the need arises for extra work and
services; and 3) Authorize the City Manager to award a consultant
agreement for materials testing and construction inspection services in an
amount not to exceed $56,171.10. ROLL CALL VOTE REQUIRED
(Staff: Yugal Lall)
C. Consider Agreement to Provide Beach Bus and Excursion Services with
Durham School Services. Staff Recommendation: 1) Authorize the City
Manager to sign the Agreement, subject to final language approval of the
City Manager and City Attorney; and 2) Approve proposed changes to the
Summer Beach Bus program, as contained in the agenda report. (Staff:
Shaun Kroes)
D. Consider Permit Adjustment No. 1 to Commercial Planned Development
No. 2006-01 and Conditional Use Permit No. 2006-07 to Allow
Construction and Operation of a 112-Room Hotel on a 2.38-Acre Parcel_at
14350 White Sage Road on the Application of Peter Bhakta (Moorpark
Hospitality). Staff Recommendation: Direct the Community Development
Director to approve Permit Adjustment No. 1 to Commercial Planned
Development No. 2006-01 and Conditional Use Permit No. 2006-07,
amending Standard Condition No. 2 to extend the timeframe of the
permits to May 2, 2011 with a possible additional one-year extension.
(Staff: David Bobardt)
Regular City Council Meeting Agenda
May 5, 2010
Page 3
9. PRESENTATION/ACTION/DISCUSSION: (continued)
E. Consider Ordinance Adding Chapter 3.48, Payment Required Prior to
Commencement of Legal Action, to Title 3, Revenue and Finance, of the
Municipal Code. Staff Recommendation: Introduce Ordinance No.
for first reading, waive full reading, and schedule second reading and
adoption for May 19, 2010. (Staff: Ron Ahlers)
F. Consider Design and Specifications for New Playground Equipment at
Arroyo Vista Community Park, College View Park, Peach Hill Park, and
Magnolia Park, and Waive City's Purchasing Procedures, Allowing Staff to
Request Proposals for Installation. Staff Recommendation: 1) Approve
the design and specifications for the replacement and new playground
equipment for Arroyo Vista Community Park, Phase I and II, College View
Park, Peach Hill Park, and Magnolia Park; 2) Waive the City's purchasing
procedures, and authorize purchase of Miracle and Landscape Structure
play equipment from the California Multiple Award Schedule and U.S.
Communities list estimated at $113,327; and 3) Authorize staff to proceed
with Request For Proposals for installation of playground equipment and
safety surfacing estimated at $131 ,207. (Staff: Tom Kruse)
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Minutes of Regular Meeting of April 21 , 2010. Staff
Recommendation: Approve the minutes.
B. Consider Warrant Register for Fiscal Year 2009-2010 — May 5, 2010.
Staff Recommendation: Approve the warrant register.
C. Consider Resolution Authorizinq the Submittal of a Grant Renewal
Application to the Ventura County Area Agency on Aging (VCAAA) for
Older Americans Act Title III-C Contract Grant Funds for the Senior
Nutrition Program and Authorizing the City Manager to Sign All Related
Agreements. Staff Recommendation: Adopt Resolution No. 2010-
(Staff: Tom Kruse)
D. Consider Resolution Approving the Preliminary Engineer's Report for the
Landscaping and Lighting Maintenance Assessment Districts for Fiscal
Year 2010/2011 and Providing Notice of Public Hearing on.June 2, 2010.
Staff Recommendation: Adopt Resolution No. 2010- . (Staff: Tom
Kruse)
Regular City Council Meeting Agenda
May 5, 2010
Page 4
10. CONSENT CALENDAR: (continued)
E. Consider Resolution Approving the Preliminary Assessment Engineer's
Report for the Parks and Recreation Maintenance and Improvement
Assessment District for Fiscal Year 2010/11 and Providing Notice of
Public Hearing on June 2, 2010. Staff Recommendation: Adopt
Resolution No. 201 0- . (Staff: Tom Kruse)
F. Consider Request for Proposals for Dial-A-Ride Paratransit Services.
Staff Recommendation: Approve the RFP and authorize staff to advertise
for receipt of proposals. (Staff: Yugal Lail)
G. Consider Purchase Order with El Dorado National for the Addition of an
Extended Warranty for the Compressed Natural Gas (CNG) Transit
Buses. Staff Recommendation: Authorize the City Manager to issue a
purchase order to El Dorado National for the purchase of extended
warranties (engine and transmission) for the City's three CNG buses in an
amount not to exceed $31,020. ROLL CALL VOTE REQUIRED (Staff:
Yugal Lail)
H. Consider Resolution Amending the Fiscal Year 2009/10 Budget for Local
Transportation 8A Fund (2603), Gas Tax Fund (2605), and Local Transit
Programs 8C Fund (5000). Staff Recommendation: Adopt Resolution No.
2010- . ROLL CALL VOTE REQUIRED (Staff: Yugal Lail)
I. Consider Report of Annual Development Agreement Review, Established
in Connection with Meridian Hills Development Project, Tract 5187-1&2,
Located on the West Side of Walnut Canyon Road, Approximately 3,500
Feet North of Casey Road, on the Application of Resmark Equity Partners,
LLC, (Formerly West Pointe Homes, and William Lyon Homes, Inc. Staff
Recommendation: 1) Accept the Community Development Director's
report and recommendation, and find, on the basis of substantial
evidence, that Resmark Equity Partners, LLC has complied in good faith
with the terms and conditions of the agreement; and 2) Deem the annual
review process complete. (Staff: David Bobardt)
J. Consider Status Update on Developer Turnover of Landscaped Slopes to
the Meridian Hills Homeowner's Association for Maintenance, Tract Nos.
5187-1&2, Developer is Resmark Equity Partners, LLC, (ORA Ashford 94,
LLC). Staff Recommendation: Receive and file report. (Staff: David
Bobardt)
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
Regular City Council Meeting Agenda
May 5, 2010
Page 5
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: Administrative Services Director/City Clerk; Assistant City Manager;
City Manager; City Attorney; City Engineer/Public Works Director; Chief of
Police; Community Development Director; 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 II).
Regular City Council Meeting Agenda
May 5, 2010
Page 6
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
1, 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 May 5, 2010, at 7:00 p.m. in
the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue,
Moorpark, California, was posted on April 30, 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 April 30, 2010.
Maureen Benson, Assistant City Clerk