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Resolution No. 2010-2907
Ordinance No. 387
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, MAY 19, 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. Gift to the City from Moorpark Girls Softball Team, "The Cuties°.
B. Recognition of Mormon Helping Hands Volunteer Organization.
C. Recognition of Outgoing Teen Council Members.
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.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 Rem, prior to the
Mayor's call for speaker cards for each Presentation/Action/Discussion agenda Rem;and for a Public Hearing item,prior to
the opening of each Public Hearing,or beginning of public testimony for a continued hearing.A IimRation 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 Rem 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 19, 2010
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withdrawn from the Consent Calendar shall be identified at this time.)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 an Interim Ordinance of the City of Moorpark, California,
Extending a 45-day Moratorium on New Massage Establishments within
the City of Moorpark as Initiated by Ordinance No. 385, by 10 months and
15 days, to April 20, 2011 and Issuing a Report on the Measures Taken to
Alleviate the Conditions which Led the City to Enact Ordinance No. 385 on
April 21, 2010 (10-Day Report). Staff Recommendation: 1) Open the
public hearing, accept public testimony, and close the public hearing; 2)
Adopt Interim Ordinance No. ROLL CALL VOTE REQUIRED -
4/5ths AFFIRMATIVE; and 3) Issue report on the measures taken to
alleviate the conditions which led the City to enact Ordinance No. 385 on
April 21, 2010 (10-Day Report) and direct staff to post on the City's
website and make copies available at the City Hall public counter. (Staff:
David Bobardt)
9. PRESENTATION/ACTION/DISCUSSION:
A. Consider College View Dog Park Proposed Design Plan, Amenities, and
Budge . Staff Recommendation: 1) Approve the proposed design plan
and amenities; and 2) Approve the budget and use of funds from the Park
Improvement Zone 2 Fund. (Staff: Tom Kruse)
B. Consider Construction Plans and Specifications and Authorizing Staff to
Obtain Construction Bids for the Ruben Castro Human Services Center
Project. Staff Recommendation: Approve the plans and specifications for
the subject project and authorize staff to advertise for construction bids
upon receipt of signed Memorandums of Understanding from the County
of Ventura and other project tenants. (Staff: Hugh Riley)
Regular City Council Meeting Agenda
May 19, 2010
Page 3
9. PRESENTATION/ACTION/DISCUSSION: (continued)
C. Consider Ordinance Adding Chapter 8.64, Fireworks Prohibited, to Title 8,
Health and Safety, of the Moorpark Municipal Code. Staff
Recommendation: Introduce Ordinance No. for first reading, waive
full reading, and schedule second reading and adoption for June 2, 2010.
(Staff: Deborah Traffenstedt)
D. Consider Proposed Operating and Capital Improvement Budget for Fiscal
Year 2010/2011. Staff Recommendation: Receive the budget and set a
workshop for May 26, 2010 at 6:00 p.m. (Staff: Steven Kueny)
E. Consider Mission Statement, Priorities, Goals and Objectives for Fiscal
Year 2010/2011 Staff Recommendation: Consider the Priorities, Goals
and Objectives at the proposed budget workshop of May 26, 2010. (Staff:
Steven Kueny)
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Minutes of Regular Meeting of May 5, 2010. Staff
Recommendation: Approve the minutes.
B. Consider Warrant Register for Fiscal Year 2009-2010 — May 19, 2010.
Staff Recommendation: Approve the warrant register.
C. Consider Acceptance of Fee Title and Recording of Grant Deed to 609
Fitch Avenue (APN 512-0-171-245) from the Redevelopment Agency of
the City of Moorpark. Staff Recommendation: Authorize acceptance of
fee title to Parcel D of the property at 609 Fitch Avenue (APN 512-0-171-
245) and direct the City Clerk to execute a Certificate of Acceptance on
behalf of the City and record the deed. (Staff: David Moe)
D. Consider the Scheduling of Hearings for the Development Agreement with
Pardee Homes on Planning Area No. 7 (School Site) in the Moorpark
Highlands Specific Plan Area. Staff Recommendation: Direct staff to set
and advertise public hearings before the Planning Commission and City
Council for consideration of the development agreement, concurrent with
other related entitlements. (Staff: David Bobardt)
E. Consider Release of Surety (Cash Deposit Performance Bond) for Toll
Brothers Inc., (Moorpark Country Club Estates - RPD 1994-01, Vi'M 4928).
Staff Recommendation: Authorize the City Clerk to release the cash
deposit performance bond in the amount of $10,000. (Staff: David
Bobardt)
Regular City Council Meeting Agenda
May 19, 2010
Page 4
10. CONSENT CALENDAR: (continued)
F. Consider Exoneration of Cash Bond for Schaub Construction, Inc. at 6151
Gabbert Road. Staff Recommendation: Authorize the City Clerk to fully
exonerate Grading and on-site Improvements Cash Bond in the amount of
$15,000.00. (Staff: Yugal Lail)
G. Consider Resolution Approving the Engineer's Report for Assessment
District AD10-01 (Tuscany Partners — CPD 2005-02) for Fiscal Year
2010/11 and Providing Notice of Public Hearing on June 2, 2010. Staff
Recommendation: Adopt Resolution No. 2010- . (Staff: Yugal Lail)
H. Consider Resolution Approving the Engineer's Report for Assessment
District AD10-02 (HFR Investment I, LLC — CPD 2005-03) for Fiscal Year
2010/11 and Providing Notice of Public Hearing on June 2, 2010. Staff
Recommendation: Adopt Resolution No. 2010- . (Staff: Yugal Lail)
I. Consider Resolution Authorizing the Amendment and Restatement of Its
Existing Deferred Compensation Plan for Part-Time, Seasonal, and
Temporary Employees (457 PST Plan): Terminating the City's
Relationship with Nationwide Retirement Solutions, Inc. for Administrative
and Investment Services: Appointing Public Agency Retirement Services
(PARS) as Trust Administration and Union Bank as Trustee of the Plan;
and Rescinding Resolution No. 91-821. Staff Recommendation: 1) Direct
the City Manager to approve a 2.5% pay increase for current part-time
employees effective May 22, 2010 to offset the employee contribution of
3.75% to the retirement plan; 2) Adopt Resolution No. 2010- , subject
to final language approval of the City Manager, and rescinding Resolution
No. 91-821; and 3) Direct staff to schedule an agenda item to consider
amending Section 2.04.055 of the Municipal Code pertaining to
councilmember retirement benefit. ROLL CALL VOTE REQUIRED
(Staff: Ron Ahlers)
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
A. Consider Ordinance No. 386 Adding Chapter 3.48, Payment Required
Prior to Commencement of Legal Action, to Title 3, Revenue and Finance,
to the Moorpark Municipal Code. Staff Recommendation: Waive full
reading and declare Ordinance No. 386 read for the second time and
adopted as read. ROLL CALL VOTE REQUIRED
Regular City Council Meeting Agenda
May 19, 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. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION
(Pursuant to Subdivision (a) of Section 54956.9 of the Government Code)
City of Moorpark; Moorpark Unified School District vs. Thomas H. Heyn
and Eldora E. Heyn (Case No. 56-2009-00355222-CU-OR-SIM)
D. 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 disabllltWelated 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
May 19, 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 May 19, 2010, at 7:00 p.m.
in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue,
Moorpark, California, was posted on May 14, 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 May 14, 2010.
Maureen Benson, Assistant City Clerk