HomeMy WebLinkAboutAGENDA 2009 0520 CC REG i
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Resolution No. 2009-2814
Ordinance No. 375
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, MAY 203 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:
A. Presentation of City.Plaque to Mrs. Dawn Lowenberg in Recognition of
Councilmember Gary Lowenberg's Service to the City of Moorpark.
B. Recognition of Outgoing Teen Council Members.
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.moorpark.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
May 20, 2009
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withdrawn from the Consent Calendar shall be identified at this time.)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 Amendment No. 1 to Architectural Agreement with HMC
Architects for Additional Design Fees for the Ruben Castro Human
Services Center. Staff Recommendation: Approve Amendment No. 1 to
professional services agreement with HMC Architects to increase the
amount of their Agreement from $754,569.00 to $1,136,681.00, and
authorize the City Manager to execute said amendment, subject to final
language approval by the City Manager and City Attorney. (Staff: Hugh
Riley)
B. Consider Glenwood Park Restroom Options and Execute Agreements
with DiCecco Architecture for Design Services and PICON for Pre-
Construction Coordination Services. Staff Recommendation: 1) Approve
Option B, for conventional design and construction of restrooms at
Glenwood Park for a total project cost of $276,500.00; 2) Authorize the
City Manager to execute an agreement with DiCecco Architecture Inc, for
the architectural design services at a cost not to exceed $21,920.00,
pending final language approval by the City Manager and City Attorney;
and 3) Authorize the City Manager to execute an agreement with PICON
(Phil Vein) for pre-construction project coordination services at a cost not
to exceed $4,400.00, pending final language approval by the City
Manager and City Attorney. (Staff: Mary Lindley)
C. Consider Resolution Approving the Preliminary Assessment Engineer's
Report for the Parks and Recreation Maintenance and Improvement
Assessment District for Fiscal Year 2009/10 and Providing Notice of
Public Hearing on June 17, 2009. Staff Recommendation: Adopt
Resolution No. 2009 (Staff: Mary Lindley)
D. Consider Resolution Approvino the Preliminary Engineer's Report for the
Landscaping and Lighting Maintenance Assessment Districts for Fiscal
Year 2009/10 and Providing Notice of Public Hearing on June 17, 2009.
Staff Recommendation: Adopt Resolution No. 2009- . (Staff: Mary
Lindley)
Regular City Council Meeting Agenda
May 20, 2009
Page 3
9. PRESENTATION/ACTION/DISCUSSION: (continued)
E. Consider an Ordinance Amending Chapter 8.32, Prohibiting Smoking in
Public Places, of the Moorpark Municipal Code. Staff Recommendation:
Introduce Ordinance No. for first reading, waive full reading, and
schedule second reading and adoption for June 3, 2009. (Staff:
Deborah Traffenstedt)
F. Consider Amendment No. 1 to Agreement for Bus Services with Durham
School Services, Adding Additional Days of Service to the Moorpark
Beach Bus and Increasing Driver Background Check Requirements; and
Consider Additional Changes to Moorpark Beach Bus and Summer Youth
Bus Pass Program. Staff Recommendation: 1) Authorize the City
Manager to approve Amendment No. 1 to Agreement; and 2) Approve
proposed changes, as contained in the agenda report, to Summer Beach
Bus program and Summer Youth Bus Pass program. ROLL CALL VOTE
REQUIRED (Staff: Yugal Lail)
G. Consider Mission Statement, Priorities, Goals and Objectives for Fiscal
Year 200912010 Staff Recommendation: Approve Mission Statement,
Priorities, Goals and Objectives for Fiscal Year 2009/2010 and determine
which, if any, objectives are to be referred to a Standing Committee.
(Staff: Steven Kueny)
H. Consider Proposed Operating and Capital Improvement Budget for Fiscal
Year 2009/2010. Staff Recommendation: Receive the budget and set a
workshop for May 27 or June 10, 2009. (Staff: Steven Kueny)
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Warrant Register for Fiscal Year 2008-2009 — May 20, 2009.
Staff Recommendation: Approve the warrant register.
B. Consider Resolution Directing the Planning Commission to Study, Hold a
Public Hearing, and Provide a Recommendation on an Amendment to
Section 17.32.025 High Street Area Parking Requirements, of Title 17,
Zoning, of the Moorpark Municipal Code. Staff Recommendation: Adopt
Resolution No. 2009- (Staff: David Bobardt)
Regular City Council Meeting Agenda
May 20, 2009
Page 4
10. CONSENT CALENDAR: (continued)
C. Consider a Resolution Directing the Planning Commission to Studv, Hold
a Public Hearing, and Provide a Recommendation on Rescinding the
Development Agreement and Amending the General Plan Land Use and
Zoning Designations for the Toll/Mazur Project Site; and Amending the
General Plan Land Use, Downtown Specific Plan Use, and Zoning
Designations for Pror)egy Owned by the Moorpark Redevelopment
Agency on the South Side of Everett Street between Moorpark Avenue
and Walnut Street. Staff Recommendation: Adopt Resolution No. 2009-
. (Staff: David Bobardt)
D. Consider Report of Annual Development Agreement Review, Established
in Connection with The Masters at Moorpark Country Club Estates,
Located on 43.04 Acres North of Championship Drive and East of Grimes
Canyon Road (Tract 5463), on the Application of Toll Brothers, Inc. Staff
Recommendation: 1) Accept the Planning Director's report and
recommendation that on the basis of substantial evidence, Toll Brothers
Inc. has complied in good faith with the terms and conditions of the
Agreement; and 2) Deem the annual review process complete. (Staff:
David Bobardt)
E. Consider Report of Annual Development Agreement Review, Established
in Connection with Moorpark Country Club Estates, Located
Approximately 2,700 Feet South of Broadway between Grimes Canyon
Road and Walnut Canyon Road (Tract 4928) on the Application of Toll
Brothers, Inc. Staff Recommendation: 1) Accept the Planning Director's
report and recommendation that on the basis of substantial evidence, Toll
Brothers Inc. has complied in good faith with the terms and conditions of
the Agreement; and 2) Deem the annual review process complete. (Staff:
David Bobardt)
F. 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
Planning 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)
Regular City Council Meeting Agenda
May 20, 2009
Page 5
10. CONSENT CALENDAR: (continued)
G. Consider Report of Annual Development Agreement Review, Established
in Connection with Vistas at Moorpark, Located on the West Side of
Walnut Canyon Road, Approximately 3,500 Feet North of Casey Road, on
the Application of Moorpark 150, LLC. Staff Recommendation: 1) Accept
the Planning Director's report and recommendation, on the basis of
substantial evidence, that Moorpark 150, LLC 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 Report of Annual Development Agreement Review, Established
in Connection with Warehouse Discount Center at White Sage Road and
State Route-23 Freeway(NLA 118, LLC). Staff Recommendation: 1)
Accept the Planning Director's Report and recommendation that on the
basis of substantial evidence, NLA 118, LLC has complied in good faith
with the terms and conditions of the Agreement; 2) Deem the annual
review process complete; and 3) Provide direction that future annual
reviews for NLA 118, LLC will occur after the sale figures for the
applicable period are available. Therefore, the annual review date will
coincide with this period and this practice will continue for the life of the
agreement. (Staff: David Bobardt)
I. Consider California Department of Transportation Disadvantaged
Business Enterprise Implementation Agreement. Staff Recommendation:
Approve and authorize the City Manager to sign the Agreement. (Staff:
Yugal Lail)
J. Consider Notice of Completion for the Lassen Avenue Bikeway/Walkway
(Project 8074). Staff Recommendation: Accept the work as complete and
direct the City Clerk to record the Notice of Completion. (Staff: Yugal
Lail)
K. Consider Award of Agreement to Direct AN, Inc. for Moorjark Metrolink
Station Security Camera Maintenance Services. Staff Recommendation:
Authorize the City Manager to sign the Agreement, subject to final
language approval by the City Manager and City Attorney. (Staff: Yugal
Lail)
L. Consider Resolution Amending the Fiscal Year 2008/09 Budget by
Appropriating General Funds (Title III-C Contract Grant Funds for the
Senior Nutrition Program) to Fund an Additional Grant of One-Time-Only
Funds for the Grant-Funded Senior Nutrition Program Staff
Recommendation: Adopt Resolution No. 2009- ROLL CALL VOTE
REQUIRED (Staff: Mary Lindley)
Regular City Council Meeting Agenda
May 20, 2009
Page 6
10. CONSENT CALENDAR: (continued)
M. Consider Resolution Authorizing the Submittal of a Grant Renewal
Application to the Ventura County Area Agency on Aging(VCAAA) for
Older Americans Act Title III-C Contract Grant Funds for the Senior
Nutrition ,Program., and Authorizing the City Manager to Sian All Related
Agreements. Staff Recommendation: Adopt Resolution No. 2009-
(Staff: Mary Lindley)
N. Consider Authorization to Record the Notice of Completion, Release of
Retention, Release of Performance Bond, and Release of Payment Bond
in Accordance with Agreement for Veteran's Memorial Park Project. Staff
Recommendation: 1) Authorize the City Clerk to file the Notice of
Completion for the project; 2) Authorize the release of the balance of
payment, due to the Contractor in accordance with the contract and City
acceptance of completion of all contractual obligations on the part of the
contractor, or 55 days after Notice of Completion records, whichever
occurs later; 3) Release the Performance Bond one year after Recordation
of Notice of Completion in accordance with the contract, and completion of
contractual obligations on the part of Contractor; and 4) Release the
Payment Bond six months after Recordation of Notice of Completion in
accordance with the contract, and completion of contractual obligations on
the part of Contractor. (Staff: Mary Lindley)
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 REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: A portion of APN 512-0-171-235 at 612 Spring Road
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: City of Moorpark and Clinicas Del Camino Real
Under Negotiation: Price and terms of payment
Regular City Council Meeting Agenda
May 20, 2009
Page 7
12. CLOSED SESSION: (continued)
D. 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,
C LC, Local 721
E. 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; Assistant Engineer; City
Engineer/Public Works Director; 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 Landscape Manager;
Parks, Recreation and Community Services Director; Planning Director;
Principal Planner; Public Works Superintendent; Recreation/Community
Services Manager; Recreation Supervisor; Redevelopment Manager; and
Senior Management Analyst
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; 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
May 20, 2009
Page 8
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 May 20, 2009, at 7:00 p.m.
in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue,
Moorpark, California, was posted on May 15, 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 May 15, 2009.
Maureen Benson, Assistant City Clerk