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HomeMy WebLinkAboutAGENDA 2010 1103 CC REGResolution No. 2010 -2968 Ordinance No. 394 CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, NOVEMBER 3, 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 the Month of November as Native American Indian Heritage Month. 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.mooraark.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 3, 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 REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure, Section 2.9, Items to be withdrawn from the Consent Calendar shall be identified at this time.) 7.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 an Ordinance Amending and Restating, in its Entirety, Chapter 8.36, Solid Waste, of Title 8, Health and Safety, of the Moorpark Municipal Code. Staff Recommendation: Introduce Ordinance No. for the first reading, waive full reading, and schedule second reading and adoption for November 17, 2010. (Staff: Jennifer Mellon) 10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) A. Consider Minutes of Special City Council Meeting of October 13, 2010. Staff Recommendation: Approve the minutes. B. Consider Minutes of Special City Council Meeting of October 20, 2010. Staff Recommendation: Approve the minutes. C. Consider Minutes of Special Joint City Council /Redevelopment Agency /Public Financing Authority Meeting of October 20, 2010. Staff Recommendation: Approve the minutes. D. Consider Warrant Register for Fiscal Year 2010 -2011 — October 20, 2010. Staff Recommendation: Approve the warrant register. E. Consider Second Amendment to Agreement with Penfield & Smith for Additional Services for the Princeton Avenue Widening Project (Project 8012. Staff Recommendation: Approve the Second Amendment with Penfield & Smith to increase the Scope of Services for the Princeton Avenue Widening Project in an amount not to exceed $130,000.00 and authorize the City Manager to execute said amendment, subject to final language approval by the City Manager and City Attorney. (Staff: David Klotzle) Regular City Council Meeting Agenda November 3, 2010 Page 3 10. CONSENT CALENDAR: (continued) F. Consider Authorization to Amend the Construction Contract and a Resolution Amending the Fiscal Year 2010111 Budget to Fund Increased Construction Costs for the Mountain Trail Street and SQring Road Pavement Rehabilitation. Staff Recommendation: 1) Authorize the City Manager to amend the construction contract for project contingencies in an amount not to exceed $30,000.00 if and when the need arises for extra work and services; and 2) Adopt Resolution No. 2010- ROLL CALL VOTE REQUIRED (Staff: Dave Klotzle) G. Consider Landscape Concept for the Mountain Trail Median Islands and Resolution Amending the Fiscal Year 2010/11 Budget. Staff Recommendation: Approve the Landscape Concept for Mountain Trail Median Islands; and 2) Adopt Resolution No. 2010- , amending the FY 2010/11 Budget to appropriate $25,335 from the Tree and Landscape Fund (21560) to the Lighting and Landscaping Maintenance Assessment District Division (7900). (Staff: Jeremy Laurentowski) H. Consider Eradicating Drywood and Subterranean Termites in the City Hall Modular Buildings; Repairing Damage Caused by Termite Infestation; Repairing the Overhead Shade Structures at City Hall Administration Building: Replacing the Heating Ventilation Air Conditioning (HVAC) Units at the City Hall Administration Building; and Resolution Amending the Fiscal Year 2010/11 Budget. Staff Recommendation: 1) Approve eradicating the drywood and subterranean termites in the City Hall modular buildings; repairing the damage caused by the termite infestation; repairing the wood posts that secure the overhead shade structures at the City Hall Administration Building; repairing the overhead shade structure at the entrance to City Hall Administration Building's Conference room; replacing the HVAC units at the City Hall Administration Building; and 2) Adopt Resolution No. 2010- , amending the FY 2010/11 Budget to appropriate $49,514 from the General Fund Reserve (1000) to the Facilities Division (7620). ROLL CALL VOTE REQUIRED (Staff: Jeremy Laurentowski) I. Consider Agreement with R. A. Atmore & Sons, Inc. for Weed Abatement and General Cleanup of City Owned Property. Staff Recommendation: 1) Approve the Agreement with R. A. Atmore & Sons, Inc., for ongoing weed abatement and general cleanup services of City -owned properties, subject to final language approval by the City Manager and City Attorney; and 2) Authorize the City Manager to execute the Agreement on behalf of the City. (Staff: David Moe) Regular City Council Meeting Agenda November 3, 2010 Page 4 10. CONSENT CALENDAR: (continued) J. Consider Rejection of Claim from: Eileen Anderson. Staff Recommendation: Reject the claim and direct staff to send a standard rejection letter to the claimant. (Staff: Deborah Traffenstedt) 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. 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. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 519 -0- 210 -055 & APN 519 -0- 210 -065 City Negotiator: Steven Kueny, City Manager Negotiating Parties: Heartland Recovery, California F #1, LLC Under Negotiation: Price and terms of payment 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; Deputy City Manager; 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 November 3, 2010 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 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 November 3, 2010, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on October 29, 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 October 29, 2010. Maureen Benson, Assistant City Clerk