HomeMy WebLinkAboutAGENDA 2010 1201 CC REGResolution No. 2010 -2975
Ordinance No. 366
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, DECEMBER 1, 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. Consider Cif/ Council Resolution Reciting the Fact of the General
Municipal Election Held on November 2, 2010, and Declaring the Election
Results and Such Other Matters as Required by Law. Staff
Recommendation: Adopt Resolution No. 2010- (as revised to
incorporate the certified election results). (Staff: Maureen Benson)
B. City Clerk Administers Oath of Office to Councilmember David Pollock.
C. City Clerk Administers Oath of Office to Councilmember Mark Van Dam.
D. City Clerk Administers Oath of Office to Mayor Janice S. Parvin.
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.moors)ark.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
December 1, 2010
Page 2
4. PROCLAMATIONS AND COMMENDATIONS: (continued)
E. Comments from Newly Seated Councilmembers and Mayor.
F. Nomination and Selection of Mayor Pro Tempore.
(AT THIS POINT IN THE MEETING, THE COUNCIL WILL RECESS FOR A
RECEPTION.)
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.)
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS /CONFERENCES ATTENDED BY COUNCILMEMBERS AND
MAYOR:
8. PUBLIC HEARINGS:
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider Resolutions Adjusting Solid Waste Collection Fees and Consider
Resolutions Amending the City of Moorpark Franchise Agreements with
G.I. Industries and Moorpark Rubbish, and Authorize the City Manager to
Execute the Amendments to the Agreements. Staff Recommendation: 1)
Adopt Resolution No. 2010- , updating the Solid Waste Collection
Service Fee Schedule and rescinding Resolution No. 2009 -2873; 2) Adopt
Resolution No. 2010- , amending the Residential Franchise
Agreement with G.I. Industries; 3) Adopt Resolution No. 2010- ,
amending the Residential Franchise Agreement with Moorpark Rubbish
Disposal; 4) Adopt Resolution No. 2010- amending the Commercial
Franchise Agreement with G.I. Industries; 5) Adopt Resolution No. 2010-
, amending the Commercial Franchise Agreement with Moorpark
Rubbish Disposal; and 6) Authorize the City Manager to execute the
amendments to the Agreements, subject to final language approval of the
City Manager and City Attorney. ROLL CALL VOTE REQUIRED (Staff:
Jennifer Mellon)
Regular City Council Meeting Agenda
December 1, 2010
Page 3
9. PRESENTATION /ACTION /DISCUSSION: (continued)
B. Consider Proposed Water Rate Increase Being Considered by the
Ventura County Waterworks District Board of Directors. Staff
Recommendation: Direct staff as deemed appropriate. (Staff: Teri
Davis)
C. Consider an Update on the Simi Valley Landfill and Recycling Center
Expansion Project, Located on the Waste Management Property in the
County of Ventura, Adjacent to the City of Simi Valley's Western City
Boundary. Staff Recommendation: Direct staff as deemed appropriate.
(Staff: David Bobardt)
D. Consider Resolution Rescinding Resolution No. 2010 -2923 and
Establishing a New Bail Schedule for Violations of the Moorpark Municigal
Traffic Code, Which Apply to Vehicle Parking Violations. Staff
Recommendation: Adopt Resolution No. 2010- , rescinding
Resolution No. 2010 -2923. ROLL CALL VOTE REQUIRED (Staff: Ron
Ahlers)
E. Consider Purchase and Sale Agreement for APN 519 - 210 -055 and
Resolution Amending the Fiscal Year 2010/11 Budget to Appropriate
$60,000 from the Endowment Fund (2800). Staff Recommendation: 1)
Approve the Purchase and Sale Agreement and authorize the Mayor to
sign the agreement, subject to final language approval by the City
Manager and City Attorney; and 2) Adopt Resolution No. 2010- ,
amending the FY 2010/11 Budget to appropriate $60,000 from the
Endowment Fund to fund the escrow deposit, environmental investigation,
and legal costs. ROLL CALL VOTE REQUIRED (Staff: Steven Kueny)
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Minutes of Regular Meeting of October 20, 2010. Staff
Recommendation: Approve the minutes.
B. Consider Minutes of Regular Meeting of November 3, 2010. Staff
Recommendation: Approve the minutes.
C. Consider Minutes of Special Meeting of November 17, 2010. Staff
Recommendation: Approve the minutes.
D. Consider Warrant Register for Fiscal Year 2010 -2011 — December 1,
2010. Staff Recommendation: Approve the warrant register.
Regular City Council Meeting Agenda
December 1, 2010
Page 4
10. CONSENT CALENDAR: (continued)
E. Consider Authorization of Recordation of the Notice of ComQletion for New
Playground Equipment at Arroyo Vista Community Park College View
Park, Peach Hill Park, and Magnolia Park: and Authorize the Release of
Pro'ect Bonds. Staff Recommendation: Authorize the City Clerk to file the
Notice of Completion for the project and authorize the release of project
bonds as outlined in the agenda report. (Staff: Allen Walter)
F. Consider Report of 2010 Annual Development Agreement Review
Established in Connection with Moorpark Highlands Specific Plan No. 2 a
Master Planned Community, Located East of Walnut Canyon Road and
North of Charles Street, on the Application of Pardee Homes (PA1 -7) and
KB Home (PA 809). Staff Recommendation: 1) Accept the Community
Development Director's report and recommendation that, on the basis of
substantial evidence, Pardee Homes has complied in good faith with the
terms and conditions of the agreement; and 2) Deem the 2010 annual
review process complete. (Staff: David Bobardt)
G. Consider Resolution Authorizing the City's Fiscal Year 2010/11
Transportation Development Act Claim. Staff Recommendation: Adopt
Resolution No. 2010- . (Staff: David Klotzle)
H. Consider Request from Richard Myles Regarding Support for House of
Representative Bill 6150 Amending Limitations on Liabilily for Certain Rail
Accidents. Staff Recommendation: Authorize the Mayor to send a letter
to Congressman Elton Gallegly supporting a change to the liability limits
contained in Title 49 United States Code Section 28103 so long as they
apply to Southern California Regional Rail Authority only after enactment
of such change. (Staff: Hugh Riley)
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
December 1, 2010
Page 5
12. CLOSED SESSION: (continued)
C. 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
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; Administrative Services
Manager; Assistant City Clerk; Assistant City Engineer; Budget and
Finance Manager; City Clerk; City Manager; City Engineer /Public Works
Director; Code Compliance Supervisor; Community Development Director;
Deputy City Manager; 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
Superintendent; Recreation Supervisor; Redevelopment Manager; Senior
Information Systems Analyst; 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; 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
December 1, 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 City Clerk of the City of Moorpark and that an agenda of the Regular
Meeting of the Moorpark City Council to be held on Wednesday, December 1, 2010, at
7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark
Avenue, Moorpark, California, was posted on November 24, 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 November 24, 2010.
Maureen Benson, City Clerk