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Resolution No. 2009-2802
Ordinance No. 375
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, APRIL 1, 2009
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:
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withdrawn from the Consent Calendar shall be identified at this time.)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:
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 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
April 1, 2009
Page 2
8. PUBLIC HEARINGS:
9. PRESENTATION/ACTION/DISCUSSION:
A. Consider Memorandum of Understanding (MOU) with Pardee Homes for
Proposed Residential Development of Vacant School Site in Moorpark
Highlands Specific Plan No. 2. Staff Recommendation: Approve the
MOU, subject to final language approval of the City Manager and City
Attorney and authorize the Mayor to sign. (Staff: Steven Kueny)
B. Consider Award of Contract to California Skate Parks, Inc. for the
Poindexter Park Expansion Project and Consider an Agreement with
Pacific Materials Laboratories for Soils Testing, Lab Work and Inspections,
and Authorize Loan of $1 ,500,000 from Special Project Fund to Park
Improvement Zone 1 Fund. Staff Recommendation: 1) Approve the
project's scope of work to exclude the one Add Alternate; 2) Reject bid
proposal of Valley Crest Landscape Development and award the
construction agreement to California Skate Parks, Inc. at a cost not to
exceed $1 ,745,326; 3) Authorize the City Manager to execute the
agreement on behalf of the City and to amend the construction contract for
project contingencies in an amount not to exceed $261,798; 4) Approve a
contract with Pacific Materials Laboratory (PML) for soils testing, lab work,
and inspections at a cost not to exceed $47,100, and authorize the City
Manager to execute the agreement on behalf of the City and to amend the
contract for project contingencies in an amount not to exceed $10,000;
and 5) Approve a loan of up to $1 .5 million from the Special Projects Fund
to be repaid with interest based on the LAW rate for the previous year.
ROLL CALL VOTE REQUIRED (Staff: Mary Lindley)
C. Consider Patriot Commerce Center Public Art Conceptual Design. Staff
Recommendation: Approve the proposed conceptual design for the
Patriot Commerce Center public art project. (Staff: Mary Lindley)
D. Consider a Ban on Single-use Plastic Bags and Discussion of
Polystyrene. Staff Recommendation: Approve Option 3: Take no action
at this time to ban plastic bags awaiting the outcome of current State of
California Legislation, a possible Statewide Master Environmental
Assessment, and pending actions in other jurisdictions. Revisit the matter
in twelve months. (Staff: Jennifer Mellon)
Regular City Council Meeting Agenda
April 1 , 2009
Page 3
9. PRESENTATION/ACTION/DISCUSSION: (continued)
E. Consider City Entry Signs at Tierra Rejada Road/SR-23 and Princeton
Avenue/SR-118 and Resolution Amending the Fiscal Year 2008/09
Budget for Funding the Project. Staff Recommendation: 1) Select
concept one as the City's entry sign for the median on Tierra Rejada
Road/SR-23 and at the southwest corner of Princeton Avenue/SR-118
(Kavlico); 2) Direct staff to amend the contract with Outdoor Dimensions
for the fabrication and installation of the selected sign concept in the Tierra
Rejada median, west of the southbound SR-23 off-ramp and the Princeton
Avenue/SR-118 off-ramp; and 3) Adopt Resolution No. 2009-_
amending the FY 2008/09 Budget to appropriate $35,000 from the Art in
Public Places Fund for installation of two city entry signs. ROLL CALL
VOTE REQUIRED (Staff: Barry Hogan)
F. Consider Cancellation of the April 15, 2009, Regular Meetinq. Staff
Recommendation: Direct staff to post a notice of meeting cancellation for
April 15, 2009. (Staff: Steven Kueny)
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Minutes of Special Meeting of March 18, 2009. Staff
Recommendation: Approve the minutes.
B. Consider Minutes of Regular Meeting of March 18, 2009. Staff
Recommendation: Approve the minutes.
C. Consider Warrant Register for Fiscal Year 2008-2009 — April 1, 2009.
Staff Recommendation: Approve the warrant register.
D. Consider Resolution Authorizing the Ventura County Sheriff's Department
to Apply for Grant Funds from the United States Department of Justice's
Community Oriented Policing Hiring Recovery Program (CHRP) Grant on
Behalf of the City of Moorpark to Assist in Paying for the High School
Resource Officer. Staff Recommendation: Adopt Resolution No. 2009-
_. (Staff: Captain Ron Nelson)
E. Consider Partnership Agreement with U.S. Bureau of the Census for the
2010 Census. Staff Recommendation: Approve the 2010 Census
Partnership Agreement and authorize the Mayor to sign. (Staff: Hugh
Riley)
Regular City Council Meeting Agenda
April 1, 2009
Page 4
10. CONSENT CALENDAR: (continued)
F. Consider Resolution Updating the Solid Waste Collection Service Fee
Schedule and Rescinding Resolution No. 2008-2768. Staff
Recommendation: Adopt Resolution No. 2009- , rescinding
Resolution No. 2008-2768. ROLL CALL VOTE REQUIRED (Staff:
Jennifer Mellon)
G. Consider Resolution Authorizing Mid-Year Amendments to 2008/09 Fiscal
Year Budget. Staff Recommendation: Adopt Resolution No. 2009-_
ROLL CALL VOTE REQUIRED (Staff: Ron Ahlers)
H. Consider Annual Financial Statements for Fiscal Year Ended June 30,
2008. Staff Recommendation: Accept the Comprehensive Annual
Financial Report (CAFR), Management Letter, Single Audit Report,
Independent Accountant's Report on Agreed-Upon Procedures Applied to
Appropriations Limit Worksheets, and the Independent Auditor's memo
regarding the audit process and receive and file this report. ROLL CALL
VOTE REQUIRED (Staff: Ron Ahlers)
I. Consider Resolution Amending the Fiscal Year 2008/09 Budget to
Appropriate Funding for Other Post-Employment Benefits (OPEB) which
Includes the One-Time Payment for the Unfunded Liability of $364,000
and the Annual "Normal Cost" of $31 ,000 in Compliance with
Governmental Accounting Standards Board (GASB) Statement No. 45.
Staff Recommendation: Adopt Resolution No. 2009- ROLL CALL
VOTE REQUIRED (Staff: Ron Ahlers)
J. Consider Resolution Adopting a Revised ICMA-RC 457 Plan and
Rescinding Resolution No. 2000-1742, and a Resolution Adopting a
Revised _Nationwide Retirement Solutions Deferred 457 Plan and
Amending Resolution No. 2001-1931, to Allow Loans to Employees. Staff
Recommendation: 1) Adopt Resolution No. 2009- , approving a
Revised ICMA-RC 457 Plan and rescinding Resolution No. 2000-1742,
and authorize the City Manager to sign the "Loan Guidelines Agreement
for a Retirement Plan" and the "Amendment to ICMA-RC Government
Section 457 Plan & Trust Adoption Agreement" for the City of Moorpark;
and 2) Adopt Resolution No. 2009- , approving an amendment to
Resolution No. 2001-1931, to revise the Nationwide Retirement Solutions
Deferred Compensation Plan and Trust/Custodial Document, and
authorize the City Manager to sign the "Restated and Amended Deferred
Compensation Plan and Trust/Custodial Document for Public Employees"
and "The City of Moorpark Participant Loan Program". ROLL CALL
VOTE REQUIRED (Staff: Ron Ahlers)
Regular City Council Meeting Agenda
April 1 , 2009
Page 5
10. CONSENT CALENDAR: (continued)
K. Consider Resolution Authorizing the City's Fiscal Year 2009110
Transportation Development Act Claim for Bicycle and/or Pedestrian
Article 3 Purposes. Staff Recommendation: Adopt Resolution No. 2009-
_. (Staff: Yugal Lail)
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. 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; Deputy City Manager; Finance Director; Parks, Recreation and
Community Services Director; and Planning 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
April 1, 2009
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 April 1,2 009, at 7:00 p.m.
in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue,
Moorpark, California, was posted on March 27, 2009 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 March 27, 2009.
Maureen Benson, Assistant City Clerk