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Resolution No. 2009-2852
Ordinance No. 383
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, OCTOBER 7, 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. Introduction of New City Employee, Hiromi Dever, Account Technician in
the Finance Department.
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(Pursuant to Council Rules of Procedure, Section 2.9, Items to be withdrawn from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.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
October 7, 2009
Page 2
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND
MAYOR:
8. PUBLIC HEARINGS:
A. Consider Conditional Use Permit No. 2008-05 and Industrial Planned
Development No 2008-01 a Request to Construct a New Commercial
Fueling Facility Consisting of One (1) Building and Two (2) Canopies on
the South Side of Princeton Avenue East of the State Route-118 Freeway
Overpass on the Application of Todd Manner (Fiedler Group) for the
Moorpark Redevelopment Agency. Staff Recommendation: 1) Open the
public hearing, accept public testimony, and close the public hearing; and
2) Adopt Resolution No. 2009- , approving Conditional Use Permit
2008-05 and Industrial Planned Development 2008-01. (Staff: David
Bobardt)
9. PRESENTATION/ACTION/DISCUSSION:
A. Consider Authorization to Modify the Mountain Trail Street Pavement
Rehabilitation Project (Project 8083) to Include a Portion of Spring Road
from Peach Hill Road to a Point Approximately 2,000 Feet to the South
and a Resolution Approving Program Supplement No. N011 to
Administering Agency — State Agreement for Federal Aid Projects No. 07-
5436R for the Mountain Trail Street Pavement Rehabilitation Project.
Staff Recommendation: 1) Authorize staff to modify the subject project to
include Spring Road from Peach Hill Road to a point approximately 2,000
feet to the south, and 2) Adopt Resolution No. 2009- . (Staff: Yugal
Lail)
B. Consider Award of Contract for the 2009 Pavement Rehabilitation —
Project 8002 and a Resolution Amending the Fiscal Year 2009/10 Budget
to Revise the Budget and Funding Sources for the Project. Staff
Recommendation: 1) Award a construction contract to Manhole Adjusting
Contractors, Inc., and authorize the City Manager to execute the
construction contract in the amount of$833,351.00 for the subject project; 2)
Authorize the City Manager to amend the construction contract for additional
streets to be resurfaced and for project contingencies in an amount not to
exceed $200,000.00 if and when the need arises for extra work and
services; 3) Authorize the City Manager to award a consultant agreement for
construction inspection services in an amount not to exceed $50,000.00; 4)
Authorize the City Manager to sign the negotiated agreement with Ventura
County Waterworks District No. 1 for adjustment of surface facilities, subject
to final language approval by the City Manager and the City Attorney; and 5)
Adopt Resolution No. 2009- amending the FY 2009/10 Budget. ROLL
CALL VOTE REQUIRED (Staff: Yugal Lail)
Regular City Council Meeting Agenda
October 7, 2009
Page 3
9. PRESENTATION/ACTION/DISCUSSION: (continued)
C. Consider Reconsideration of Item 9.8. on September 2, 2009, Agenda
and Reconsideration of Vote on Item 9.13. for Resolution Approving an
Amendment to the Tierra Re4ada Greenbelt Agreement by Removing
228.96 Acres from the Greenbelt Including the Ronald Reagan
Presidential Library, on the Request of the City of Simi Valley. Staff
Recommendation: 1) Consider reconsideration of Agenda Item 9.13. on
the September 2, 2009, City Council meeting agenda; 2) Defer
reconsideration of the September 2, 2009, vote on.Agenda Item 9.13. to
October 21, 2009; and 3) Direct staff to present options for strengthening
the Greenbelt Agreement on the October 21, 2009, agenda as a separate
Action/Discussion item. (Staff: Steven Kueny)
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Minutes of Special Meeting of September 2, 2009. Staff
Recommendation: Approve the minutes.
B. Consider Minutes of Regular Meeting of September 2 2009. Staff
Recommendation: Approve the minutes.
C. Consider Warrant Register for Fiscal Year 2009-2010 — October 7, 2009.
Staff Recommendation: Approve the warrant register.
D. Consider Notice of Completion for the 2009 Basketball Court Lighting
Project for Mountain Meadows Peach Hill Miller, and Colleae View Parks.
Staff Recommendation: Accept the work as complete and direct the City
Clerk to record the Notice of Completion. (Staff: Teri Davis)
E. Consider Resolution Adopting the Annual Investment Policy for Fiscal
Year 2009/10 for the City of Moorpark. Staff Recommendation: Adopt
Resolution No. 2009- . (Staff: Ron Ahlers)
F. Consider Resolution Directing the Planning Commission to Study, Hold a
Public Hearing and Provide a Recommendation on Amendments to
Chapter 17.40 Sign Regulations of Title 17 Zoning, of the Moorpark
Municipal Code Related to Temporary Event Directional Signs. Staff
Recommendation: Adopt Resolution No. 2009- (Staff: David
Bobardt)
Regular City Council Meeting Agenda
October 7, 2009
Page 4
10. CONSENT CALENDAR: (continued)
G. Consider Resolution Approving the Engineer's Report for Assessment
District AD09-01 (Warehouse District Center — CPD 2004-03) for Fiscal
Year 2010/11 and Providing Notice of Public Hearing on November 4,
2009. Staff Recommendation: Adopt Resolution No. 2009- (Staff:
Yugal Lail)
H. Consider Request for the Formation of Assessment District AD 10-01
(Tuscany Partners, LLC — CPD 2005-02) and Resolution Initiating the
Proceedings for Same. Staff Recommendation: 1) Accept and approve
the Petition/Waiver from the owner of the property, requesting the
formation of Assessment District AD 10-01 for CPD 2005-02; and 2) Adopt
Resolution No. 2009- , initiating the proceedings required for he
formation of said District. (Staff: Yugal Lail)
I. Consider Request for the Formation of Assessment District AD 10-02
(HFR Investment I, LLC — CPD 2005-03) and Resolution Initiating The
Proceedings for Same. Staff Recommendation: 1) Accept and approve
the Petition/Waiver from the owner of the property, requesting the
formation of Assessment District AD 10-02 for CPD 2005-03; and 2) Adopt
Resolution No. 2009- initiating the proceedings required for the
formation of said District. (Staff: Yugal Lail)
J. Consider Authorizinc1 the City Manager to Sign the Fiscal Year 2009/10
Bicycle Transportation Account (BTA) Agreement, and Consider
Resolution Amending the Fiscal Year 2009/10 Budget. Staff
Recommendation: 1) Adopt Resolution No. 2009- ; and 2) Authorize
the City Manager to sign FY 2009/10 BTA Agreement. ROLL CALL
VOTE REQUIRED (Staff: Yugal Lail)
K. Consider Resolution Amending, the Conflict of Interest Code of the City of
Moorpark and Rescinding Resolution No. 2008-2749. Staff
Recommendation: Adopt Resolution No. 2009- (Staff: Deborah
Traffenstedt)
L. Consider Award of Contract to Commercial Roofing Systems, Inc., to
Replace Roofing at the Community Center and Arroyo Vista Recreation
Center. Staff Recommendation: 1) Award a construction contract to
Commercial Roofing Systems, Inc., in an amount not to exceed $103,296;
and 2) Authorize the City Manager to execute the agreement on behalf of
the City with Commercial Roofing Systems, Inc., subject to final language
approval by the City Manager and City Attorney. (Staff: Hugh Riley)
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
None.
Regular City Council Meeting Agenda
October 7, 2009
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 LEGAL COUNSEL— EXISTING LITIGATION
(Pursuant to Subdivision (a) of Section 54956.9 of the Government Code)
City of Moorpark; Moorpark Unified School District vs. Thomas H. Heyn
and Eldora E. Heyn (Case No. 56-2009-00355222-CU-OR-SIM)
D. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION
(Pursuant to Subdivision (a) of Section 54956.9 of the Government Code)
City of Moorpark vs. John Reid Milligan, et al (Case No. 56-2008-
00331392-CU-EI-SI M)
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; Deputy City Manager; Finance Director; Parks and Recreation
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
October 7, 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 October 7, 2009, at 7:00
p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark
Avenue, Moorpark, California, was posted on October 2, 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 October 2, 2009.
Maureen Benson, Assistant City Clerk
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NOTICE OF CONTINUANCE OF OPEN PUBLIC HEARING
Duly noticed public hearing regarding:
Consider Conditional Use Permit No. 2008-05 and Industrial Planned
Develol2ment No. 2008-01, a Request to Construct a New
Commercial Fueling Facility Consisting of One (1) Building and Two
(,2) Canopies on the South Side of Princeton Avenue, East of the
State Route-118 Freeway Overpass on the Application of Todd
Manner (Fiedler Group) for the Moorpark Redevelopment Agency.
was held at a regular meeting on October 7, 2009, at which time the City Council continued
the open public hearing to a Regular City Council meeting to be held at 7:00 p.m. on
November 4, 2009, in the Community Center located at 799 Moorpark Avenue, Moorpark,
California.
Dated: October 8, 2008.
Maureen Benson, Assistant City Clerk
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 a Notice of Continuance
of Open Public Hearing regarding:
Consider Conditional Use Permit No. 2008-05 and Industrial Planned
Development No. 2008-01, a Request to Construct a New Commercial
Fueling Facility Consisting of One (1) Building and Two (2) Canopies on the
South Side of Princeton Avenue, East of the State Route-118 Freeway
Overlass on the Application of Todd Manner (Fiedler Group) for the
Moorpark Redevelopment Agency.
continued from October 7, 2009,to November 4, 2009,was posted on October 8, 2009, at
a conspicuous location near the place of the meeting:
Moorpark Community Center
799 Moorpark Avenue
Moorpark, California
I declare under penalty of perjury that the foregoing is true and correct.
Executed on October 8, 2009.
Maureen Benson
Assistant City Clerk