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Home My WebLink AboutAGENDA 2009 0701 CC REG QPPK CA, cr OP 09 2 v O i n 09409 ^^0 1 Resolution No. 2009-2833 Ordinance No. 379 CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, JULY 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: A. Certificate of Recognition Honoring Debra Ryono for Her Dedicated Service to the Community of Moorpark. 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 REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure, Section 2.9, Items to be withdrawn from the Consent Calendar shall be identified at this time.) 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. i Regular City Council Meeting Agenda July 1, 2009 Page 2 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND MAYOR: 8. PUBLIC HEARINGS: 9. PRESENTATION/ACTION/DISCUSSION: A. Consider Revision to Teen Council Policy to Increase the Maximum Membership. Staff Recommendation: Approve a revision to City Council Policy 6.7 to increase the maximum Teen Council membership from 11 to 15 and direct staff to incorporate the change in the next update of the City Council Policies Resolution. (Staff: Deborah Traffenstedt) B. Consider Teen Council Appointments. Staff Recommendation: Make appointments to the Teen Council for a one-year term to end on June 30, 2010. (Staff: Deborah Traffenstedt) C. Consider Resolution Adopting a Mitigated Negative Declaration for Project No. 8056, Metrolink Access Driveway, North Side of First Street Just East of Moorpark Avenue and Direction to Staff to Proceed with a Design Alternative. Staff Recommendation: 1) Adopt Resolution No. 2009- , adopting a Mitigated Negative Declaration for Project No. 8056: Metrolink Access Driveway; and 2) Direct staff to proceed with developing plans and specifications for the First Street access and acquisition of property at 49 and 65 First Street. (Staff: David Bobardt) D. Consider Approval of the Annual Seven-Year Capital Improvement Program (CIP) for Department of Public Works for Fiscal Years 2008/09 — 201415. Staff Recommendation: Approve the updated CIP for FY 2008/09-FY 2014/15. (Staff: Yugal Lail) E. Consider Review and Approval of Conceptual Construction Plans for the Princeton Avenue Widening Project (Project 8012). Staff Recommendation: Approve the conceptual design and direct staff to proceed with the completion of plans, specification/cost estimate, and acquisition of the right of way/slope easement for the Princeton Avenue Widening Project. ROLL CALL VOTE REQUIRED (Staff: Yugal Lail) F. Consider Resolution Adopting an Operating and Capital Improvements Budget for the City of Moorpark for the Fiscal Year 2009/10. Staff Recommendation: Adopt Resolution No. 2009- ROLL CALL VOTE REQUIRED (Staff: Steven Kueny) Regular City Council Meeting Agenda July 1, 2009 Page 3 9. PRESENTATION/ACTION/DISCUSSION: (continued) G. Consider Ordinance Amending Sections 2.32.020 and 2.32.030 of Chapter 2.32, Parks and Recreation Commission; Sections 2.36.020 and 2.36.030 of Chapter 2.36, Planning Commission; Sections 2.38.020 and 2.38.030, of Chapter 2.38, Moorpark Arts Commission; and Section 2.04.070 of Chapter 2.04, City Council: of Title 2 — Administration and Personnel of the Moorpark Municipal Code. Staff Recommendation: Introduce Ordinance No. for first reading, waive full reading, and schedule second reading and adoption for July 15, 2009. (Staff: Deborah Traffenstedt) H. Consider Ordinance Amending Section 2.040.55, Compensation and Benefits, of Chapter 2.04 City Council, of the Moorpark Municipal Code. Staff Recommendation: Introduce Ordinance No. for first reading, waive full reading and schedule second reading and adoption for July 15, 2009. (Staff: Deborah Traffenstedt) 10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) A. Consider Minutes of the Special Meeting of April 29, 2009. Staff Recommendation: Approve the minutes. B. Consider Minutes of Joint City Council/Redevelopment Agency/Planning Commission Meeting of April 29, 2009. Staff Recommendation: Approve the minutes. C. Consider Minutes of Special 6:00 p.m. Meeting of June 10, 2009. Staff Recommendation: Approve the minutes. D. Consider Minutes of Special 7:00 p.m. Meeting of June 10, 2009. Staff Recommendation: Approve the minutes. E. Consider Minutes of the Special Meeting of June 17, 2009. Staff Recommendation: Approve the minutes. F. Consider Minutes of Regular Meeting of June 17, 2009. Staff Recommendation: Approve the minutes. G. Consider Warrant Register for Fiscal Year 2008-2009 — July 1, 2009. Staff Recommendation: Approve the warrant register. Regular City Council Meeting Agenda July 1, 2009 Page 4 10. CONSENT CALENDAR: (continued) H. Consider Resolution Amending Resolution No. 2004-2249 Concerningthe Vantagecare Retirement Health Savings Program. Staff Recommendation: Adopt Resolution No. 2009- amending Resolution No. 2004-2249. (Staff: Deborah Traffenstedt) I. Consider VISTA-East Cooperative Agreement for Commuter Bus Services. Staff Recommendation: Authorize the Mayor to sign the Addendum to the Cooperative Agreement. (Staff: Yugal Lail) J. Consider Resolution Updating Miscellaneous City Fees and Charges and Rescinding Resolution No. 2004-2177. Staff Recommendation: Adopt Resolution No. 2009- , rescinding Resolution No. 2004-2177. ROLL CALL VOTE REQUIRED (Staff: Deborah Traffenstedt) K. Consider Report of Annual Development Agreement Review, Established in Connection with Canyon Crest Ranch Partners-Moorpark, LLC (Birdsall), Located on Approximately 42.4 Acres East of Walnut Canyon Road at Championship Drive (Tentative Tract Map 5437), on the Application of Canyon Crest Ranch Partners-Moorpark, LLC (Birdsall). Staff Recommendation: 1) Accept the Planning Director's report and recommendation, on the basis of substantial evidence, that Canyon Crest Ranch Partners-Moorpark, LLC (Birdsall), has complied in good faith with the terms and conditions of the agreement; 2) Deem the annual review process complete. (Staff: David Bobardt) L. Consider Resolution Amending the Fiscal Year (FY) 2009/10 Budget by Appropriating General Fund Reserve to Fund Phase I of the City's Records Improvement Program, Including Records Retention Schedule. Staff Recommendation: Adopt Resolution No. 2009- ROLL CALL VOTE REQUIRED (Staff: Deborah Traffenstedt) M. Consider Rejection of Claim from: Bonifacio Rosales. Staff Recommendation: Reject the claim and direct staff to send a standard rejection letter to the claimant. (Staff: Deborah Traffenstedt) N. Consider Revised Management Benefits Resolution. Staff Recommendation: Adopt Resolution No. 2009- (Staff: Deborah Traffenstedt) Regular City Council Meeting Agenda July 1 , 2009 Page 5 10. CONSENT CALENDAR: (continued) O. Consider Resolution Granting Another Designated Period for Two Years Additional Service Credit Retirement Incentive Pursuant to Government Code Section 20903 and Consistent with the City's Contract with California Public Employees' Retirement System (CalPERS). Staff Recommendation: Adopt Resolution No. 2009- (Staff: Deborah Traffenstedt) P. Consider Purchase of Three Compressed Natural Gas LNG)- Transit Buses. Staff Recommendation: Authorize the City Manager to issue a Purchase Order to Creative Bus Sales for the purchase of three CNG buses in an amount not to exceed $1,200,000. (Staff: Yugal Lail) Q. Consider Grant Deed of Easement to the City of Moorpark from Moorpark Oil, LLC. Staff Recommendation: Accept the Grant Deed of Easement and authorize the City Clerk to sign and record an acceptance certificate for the Grant Deed of Easement and the attachments thereto in the office of the Ventura County Recorder. (Staff: Yugal Lail) R. Consider Agreement for Consultant Services for Real Property Services. Staff Recommendation: Authorize the City Manager to sign the agreement for real property services with Hamner, Jewell & Associates in an amount not to exceed $100,000 in Fiscal Year 2009/10, and with the option to extend the agreement for the next two years, subject to final language approval by the City Manager and City Attorney. (Staff: Yugal Lail) S. Consider Resolution Amending Fiscal Year 2008/09 Budget to Reimburse the General Fund for Planning and Engineering Services Provided to Various Capital Imgrovement Projects. Staff Recommendation: Adopt Resolution No. 2009- ROLL CALL VOTE REQUIRED (Ron Ahlers) 11. ORDINANCES: (ROLL CALL VOTE REQUIRED) A. Consider Ordinance No. 376, Approving Zoning Ordinance Amendment No. 2009-02, Amending in its Entirety, Chapter 17.64, Density Bonus Provisions of Title 17, Zoning, of the Moorpark Municipal Code. Staff Recommendation: Waive full reading and declare Ordinance No. 376 read for the second time and adopted as read. ROLL CALL VOTE REQUIRED Regular City Council Meeting Agenda July 1, 2009 Page 6 11. ORDINANCES: (continued) B. Consider Ordinance No. 377, Amending, in its Entirety, Chapter 8.32, Prohibiting Smoking in Public Places, of Title 8, Health and Safety, of the Moorpark Municipal Code. Staff Recommendation: Waive full reading and declare Ordinance No. 377 read for the second time and adopted as read. ROLL CALL VOTE REQUIRED C. Consider Ordinance No. 378, Amending Chapter 8.48, Property Maintenance, of Title 8, Health and Safety, of the Moorpark Municipal Code by Amending Section 8.48.020, to Add Certain Vector Related Conditions to the Definition of "Public Nuisance". Staff Recommendation: Waive full reading and declare Ordinance No. 378 read for the second time and adopted as read. 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 July 1 , 2009 Page 7 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING I, Blanca Garza, declare as follows: That I am the Deputy City Clerk of the City of Moorpark and that an agenda of the Regular Meeting of the Moorpark City Council to be held on July 1, 2009, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on June 26, 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 June 26, 2009. Blanca Garza, Deputy City Clerk