HomeMy WebLinkAboutAGENDA 2010 1215 CC REGResolution No. 2010 -2984
Ordinance No. 396
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, DECEMBER 15, 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. City Clerk Administers Oath of Office to Councilmember David Pollock.
B. Comments from Newly Seated Councilmember Pollock.
C. Nomination and Selection of Mayor Pro Tempore.
D. Presentation to Captain Cliff Williams Upon the Occasion of His
Retirement from the California Highway Patrol After 29 -Years of Service.
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 Clark 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 15, 2010
Page 2
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:
A. Consider Resolution Denying Appeal No. 2010 -01 and Approving
Conditional Use Permit No. 2010 -07 (Hakam Barakat, Applicant) to Allow
Sale of Beer and Wine for Off -site Consumption from an Existing Market
at 496 Moorpark Avenue (Moorpark General Store), on the Appeal of
Teresa Cortes. Staff Recommendation: 1) Open the public hearing,
accept public testimony, and close the public hearing; and 2) Adopt
Resolution No. 2010- , denying Appeal No. 2010 -01 and approving
Conditional Use Permit No. 2010 -07. (Staff: David Bobardt)
B. Consider Ordinance No. 395 Amending Title 15 of the Moorpark Municipal
Code by Replacing Chapters 15.04, 15.08, 15.12, 15.14, 15.16, 15.18,
15.20, and 15.22 and Section 15.28.060 in their Entirety and by Adding
Chapter 15.10 as Well as Adopting by Reference and Amending the
Current Editions of Certain Model Codes. Staff Recommendation: 1)
Open the public hearing, accept public testimony, and close the public
hearing; 2) Waive full reading and declare Ordinance No. 395 read for the
second time and adopted as read; and 3) Direct staff to send the changes
to the Code to the California Building Standards Commission. ROLL
CALL VOTE REQUIRED (Staff: David Bobardt)
C. Consider Ordinance Approving Zoning Ordinance Amendment 2007 -01 to
Amend Chapter 17.20 (Uses by Zone) and Chapter 17.42 (Wireless
Communications Facilities) to Update the Review Process and Ensure
Consistency with Changes in State Law Regarding the Regulation of
Wireless Communications Facilities. Staff Recommendation: 1) Open the
public hearing; accept public testimony, and close the public hearing; and
2) Introduce Ordinance No. for first reading, waive full reading, and
schedule second reading and adoption for January 5, 2011. (Staff:
David Bobardt)
Regular City Council Meeting Agenda
December 15, 2010
Page 3
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider Presentations from Applicants for Planning Commission. Staff
Recommendation: Hear presentations from applicants and defer
appointment until the January 5, 2011 regular meeting, following the
remaining applicant presentation. (Staff: Maureen Benson)
B. Consider UQdate on Request for Letter of Map Revision (LOMB) to
Federal Emergency Management Agency (FEMA) for the 2010 Digital
Flood Insurance Rate Map (,DFIRM). Staff Recommendation: Direct staff
to schedule a public meeting within thirty days of the LOMR approval to
discuss the final outcome of the LOMR and its effects on property owners
regarding flood insurance requirements. (Staff: David Klotzle)
C. Consider Ad Hoc Committee Recommendation on Development
Agreement No. 2009 -02 with Los Angeles Avenue, LLC for Approximately
44.467 Acres North of Los Angeles Avenue and West of Gabbert Road.
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)
D. Consider Resolution Ratifying Ventura County Fire Protection District
Ordinance No. 27 Section 610 and Appendix L, Pertaining to Building
Standards for Application within the Jurisdictional Boundaries of the City of
Moorpark and Rescinding Resolution No. 2007 -2665. Staff
Recommendation: 1) Adopt Resolution No. 2010- , rescinding
Resolution No. 2007 -2665; and 2) Direct the Building Official to file a copy
of the findings of the Ventura County Fire Protection District together with
a copy of Section 610 and Appendix L of Ordinance 27 to the California
Department of Housing and Community Development and California
Building Standards Commission. (Staff: David Bobardt)
E. Consider City Council Standing Committee Appointments and
Assignments for Calendar Year 2011. Staff Recommendation: Determine
City Council and Moorpark Redevelopment Agency committee
appointments and assignments. (Staff: Maureen Benson)
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Minutes of Regular Meeting of November 17, 2010. Staff
Recommendation: Approve the minutes.
Regular City Council Meeting Agenda
December 15, 2010
Page 4
10. CONSENT CALENDAR: (continued)
B. Consider Minutes of Special Meeting of December 1, 2010. Staff
Recommendation: Approve the minutes.
C. Consider Minutes of Regular Meeting of December 1, 2010. Staff
Recommendation: Approve the minutes.
D. Consider Warrant Register for Fiscal Year 2010 -2011 — December 15,
2010. Staff Recommendation: Approve the warrant register.
E. Consider Agreement with CVE Engineering, Inc. for Update and
Expansion of Civic Center ALTA Survey and Resolution Amending the
Fiscal Year 2010/11 Budget to Fund the Work from the Endowment Fund
2800. Staff Recommendation: 1) Approve Agreement with CVE, subject
to final language approval by the City Manager and City Attorney; and 2)
Adopt Resolution No. 2010- ROLL CALL VOTE REQUIRED
(Staff: Jessica Sandifer)
F. Consider Agreement with Kelly Cleaning and Supplies, Inc. for Janitorial
Services at the Moorpark Public Services Facility, Moorpark Library, and
Arroyo Vista Recreation Center and Authorize the City Manager to
Execute Contract. Staff Recommendation: Approve an agreement with
Kelly Cleaning and Supplies, Inc. and authorize the City Manager to
execute the contract, subject to final language approval by the City
Manager and City Attorney. (Staff: Jeremy Laurentowski)
G. Consider Revised Management Benefits Resolution Rescinding
Resolution No. 2010 -2945. Staff Recommendation: Adopt Resolution No.
2010- . (Staff: Deborah Traffenstedt)
H. Consider Recordation of Notice of Completion for the Community Center
Heating, Ventilation, and Air Conditioning (HVAC) Replacement Project
and Release of Project 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: Jeremy
Laurentowski)
Consider Amendment No. 3 to Agreement for Street Sweeping Services.
Staff Recommendation: Authorize the City Manager to sign Amendment
No. 3 to the Agreement, subject to final language approval of the City
Manager and the City Attorney. (Staff: David Klotzle)
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
Regular City Council Meeting Agenda
December 15, 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 REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 161 Second Street (APN 512 -0- 102 -210)
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: Miguel Magdaleno
Under Negotiation: Price and terms of sale
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. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 13853 Princeton Avenue (APN 512 -0- 160 -170)
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: Clifford and Christine May
Under Negotiation: Price and terms of sale
F. 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
Regular City Council Meeting Agenda
December 15, 2010
Page 6
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
December 15, 2010
Page 7
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 15, 2010, at
7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark
Avenue, Moorpark, California, was posted on December 10, 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 December 10, 2010.
--
Maureen Benson, City Clerk