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Resolution No. 2010-2935
Ordinance No. 390
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, JULY 7, 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. Ventura County Fair Poster Presentation.
S. 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(Pursuant to Council Rules of Procedure, Section 2.9, Items to be withdrawn from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 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 websits 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/Discusslon 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
July 7, 2010
Page 2
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND
MAYOR:
8. PUBLIC HEARINGS:
A. Consider Residential Planned Development No. 2009-02, a Request to
Construct 133 Detached Single-Family Homes and a Private Recreational
Facility: Tentative Tract Map No. 5860, a Request to Subdivide the 21.8
Acre Property into 133 Residential Lots with Private Streets: Amendment
No. 2 (erroneously advertised as Amendment No. 1) to Specific Plan No.
2. Moorpark Highlands, to Change Planning Area No. 7 from a School Site
to a Residential Planned Development Site: Zoning Ordinance
Amendment No. 2009-01, a Request to Amend Chapter 17.74 of the
Moorpark Municipal Code to Create Zoning Development Standards for
Planning Area No. 7: and Development Agreement No. 2009-01, Located
at the Southeast Corner of Elk Run Loop and Ridgecrest Drive, on the
Application of Pardee Homes LPN 513-0-070-155). Staff
Recommendation: 1) Open the public hearing, accept public testimony
and close the public hearing; 2) Adopt Resolution No. 2010- ,
approving Amendment No. 2 (erroneously advertised as Amendment No.
1) to Specific Plan No. 2, Moorpark Highlands; 3) Introduce Ordinance No.
, approving Zoning Ordinance Amendment No. 2009-01 for first
reading, waive full reading, and schedule second reading and adoption for
July 21, 2010; 4) Introduce Ordinance No. , approving
Development Agreement No. 2009-01 for first reading, waive full reading,
and schedule second reading and adoption for July 21, 2010; and 5)
Adopt Resolution No. 2010- approving Residential Planned
Development Permit No. 2009-02 and Tentative Tract Map No. 5860,
subject to Conditions of Approval. (Staff: David Bobardt)
B. Consider Completing the Annexation of Former School Site in Moorpark
Highlands to Community Facilities District 2004-1 by Adopting a
Resolution Annexing Territory to Community Facilities District, Authorizing
the Levy of a Special Tax in the Annexed Area and Submitting Lew of Tax
to Qualified Electors: and by Adopting a Resolution Declaring the Results
of Special Annexation and Amendment of Rate and Method of
Apportionment, of the Special Tax Election, Determining Validity of Prior
Proceedings and Directing Recording of Amended Notice of Special Tax
Lien. Staff Recommendation: 1) Open the public hearing and accept
public testimony; 2) Close the public hearing; 3) Adopt Resolution No.
2010- 4) Announce election results; and 5) Adopt Resolution No.
2010- (Staff: Hugh Riley)
Regular City Council Meeting Agenda
July 7, 2010
Page 3
9. PRESENTATION/ACTION/DISCUSSION:
A. Consider the Amendment of Agreement for Construction of Subdivision
Improvements Related to Condition No. 48 of Tentative Tract Map No.
5045 (Pardee Homes). Staff Recommendation: Approve Amendment No.
2 to the Agreement for Construction of Subdivision Improvements Related
to Condition No. 48 of Tentative Tract Map No. 5045, subject to final
language approval by the City Manager and City Attorney. (Staff: David
Bobardt)
B. Consider the County of Ventura Application for Conditional Use Permit No.
LU09-0143 - Outdoor Temporary Event Facility, Located at 3900 Brennan
Road. Staff Recommendation: Direct staff to send a comment letter to
the County of Ventura as drafted in this Agenda Report. (Staff: David
Bobardt)
C. Consider an Ordinance Revising Chapter 12.16 of the Moorpark Municipal
Code (MMC), Including Changing the Title of Chapter 12.16 to Parks and
Open Space and Adding Section 12.16.200, Dog Park. Staff
Recommendation: 1) Introduce Ordinance No. for first reading, waive
full reading, and direct staff to schedule second reading and adoption for
July 21, 2010; and 2) Authorize the City Manager to approve Dog Park
signage consistent with Sections 12.16.030 and 12.16.190. (Staff:
Deborah Traffenstedt)
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Minutes of Regular Meetina of June 2, 2010. Staff
Recommendation: Approve the minutes.
B. Consider Warrant Register for Fiscal Year 2009/2010—July 7. 2010. Staff
Recommendation: Approve the warrant register.
C. Consider Letter from External Auditors Regarding Fiscal Year 2009/10
Audit. Staff Recommendation: Receive and file. (Staff: Ron Ahlers)
D. Consider Resolution Adopting Loan Agreement between the City of
Moorpark and the Moorpark Redevelopment Agency. Staff
Recommendation: Adopt Resolution No. 2010- ROLL CALL VOTE
REQUIRED. (Staff: David Moe)
E. Consider VISTA-East Cooperative Agreement Amendment for Commuter
Bus Services. Staff Recommendation: Authorize the Mayor to sign the
Amendment to the Cooperative Agreement. (Staff: Yugal Lail)
Regular City Council Meeting Agenda
July 7, 2010
Page 4
10. CONSENT CALENDAR: (continued)
F. Consider Resolution Amending the Fiscal Year 2010/11 Budget for the
Purchase of a Concrete Grinder. Staff Recommendation: Adopt
Resolution No. 2010- ROLL CALL VOTE REQUIRED. (Staff:
Yugal Lail)
G. Consider Report of Annual Development Agreement Review, Established
in Connection with Canterbury Lane (,Tract No. 5425 . Located on the
South Side of Los Angeles Avenue East of Fremont Street, on the
Application of Shea Homes. Staff Recommendation: 1) Accept the
Community Development Director's Report and recommendation, on the
basis of substantial evidence, that Shea Homes, Limited Partnership 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 the Selection of Republic ITS for Traffic Signal Modification, and
Installation of Six Pedestrian Countdown Displays for Crosswalks on Los
Angeles Avenue at Tierra Rejada Road/Gabbert Road (Project 8046).
Staff Recommendation: Award a construction contract to Republic ITS in
the amount of $9,951.00 for the subject project, and amend the
construction contract for project contingencies in an amount not to exceed
$1,500.00 if and when the need arises for extra work and services. (Staff:
Yugal Lail)
I. Consider Amending Venco Western, Inc., and Azteca Landscape, Inc.
Park Landscage Maintenance Agreements. Staff Recommendation:
Authorize the City Manager to execute Amendment No. 3 to the
Agreement with Azteca Landscape Maintenance Services and
Amendment No. 3 to the Agreement with Venco Western Landscape
Maintenance Services, consistent with the agenda report, subject to final
language approval by the City Manager and the City Attorney. (Staff:
Allen Walter)
J. Consider Additional Assignment for the Finance, Administration and Public
Safety (FAPS) Committee: External Auditors Request to Interview Audit
Committee. Staff Recommendation: Approve additional assignment for
the FAPS Committee to serve as the Audit Committee to comply with SAS
99. (Staff: Ron Ahlers)
K. Consider Exoneration of Bonds for Peach Hill Medical Plaza, CPD 2007-
01, Tract Map 5743, Peach Hill Road. Staff Recommendation: Authorize
the City Clerk to fully exonerate the Grading & Improvements Bonds
SU5024335 and SU5024336. (Staff: Yugal Lail)
Regular City Council Meeting Agenda
July 7, 2010
Page 5
10. CONSENT CALENDAR: (continued)
L. Consider Two-Year Memorandum of Understanding (MOU) with Service
Employees International Union (SEIU) CTW, CLC, Local 721. Staff
Recommendation: 1) Authorize approval of a new two-year MOU for the
time period from July 1, 2010, through June 30, 2012, and authorize the
City Manager to sign the new MOU following final language approval by
the City Manager and City Attorney; and 2) Direct staff to schedule an
amendment of the Personnel Rules to incorporate the amendments
agreed to in the MOU and any other recommended revisions. (Staff:
Deborah Traffenstedt)
M. Consider Resolution Amending the Salary Plan for Competitive Service
Non-Competitive Service, and Hourly Employees and Rescinding
Resolution No. 2009-2878. Staff Recommendation: Adopt Resolution
No. 2010- . (Staff: Deborah Traffenstedt)
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
A. Consider Ordinance No. 389 Adding Section 9.20.040, Drinking Games
Prohibited, to Chapter 9.20, Alcoholic Beverages, of Title 9, Public Peace,
Morals and Welfare, of the Moorpark Municipal Code. Staff
Recommendation: Waive full reading and declare Ordinance No. 389
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. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Section 54957.6 of the Government Code)
Agency Designated Representative: Steven Kueny
Employee Organization: Service Employees International Union, AFL-CIO,
CLC, Local 721
Regular City Council Meeting Agenda
July 7, 2010
Page 6
12. CLOSED SESSION: (continued)
D. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Section 54957.6 of the Government Code)
Agency Designated Representative: Steven Kueny
Unrepresented employees: Accountant I; Active Adult Center Supervisor;
Administrative Services Director/City Clerk; Assistant City Clerk; Assistant
City Engineer; Assistant City Manager; City Engineer/Public Works
Director; Community Development Director; Finance and Accounting
Manager; Finance Director; Human Resources Analyst; Information
Systems Analyst; Information Systems Manager; Landscape/Parks
Maintenance Superintendent; Management Analyst; Parks and Recreation
Director; Principal Planner; Public Works Superintendent/Inspector;
Recreation Supervisor; Redevelopment Manager; and Senior
Management Analyst
E. 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 IQ.
Regular City Council Meeting Agenda
July 7, 2010
Page 7
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 II of the City of Moorpark and that an agenda of the
Regular Meeting of the Moorpark City Council to be held on July 7, 2010, at 7:00 p.m. in
the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue,
Moorpark, California, was posted on July 2, 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 July 2, 2010.
Blanca Garza, Deputy City Clerk II