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Ordinance No. 383
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, DECEMBER 16, 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. Consider Nomination and Selection of Mayor Pro Tempore. (continued
from adjourned meeting of December 2, 2009)
B. Proclamation Declaring January as School Board Recognition Month.
C. Consider Presentation of Transportation in Excellence Award to the City of
Moorpark for the Highway 23 Widening Project by Ravi Ghate, Project
Manager, of the California Department of Transportation (Caltrans).
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.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
December 16, 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:
A. Consider Resolution Revising Approval of Sale of Property Owned by the
Redevelopment Agency of the City of Moorpark, Located at 192 High
Street, to Aszkenazy Development, Inc. (continued from adjourned
meeting of December 2, 2009) Staff Recommendation: 1) Open the
public hearing, accept public testimony, and close the public hearing; and
2) Adopt Resolution No. 2009- , revising the approval of the sale of
property between the Agency and Developer, subject to Disposition and
Development Agreement approval by the Agency, and rescinding
Resolution No. 2007-2661 and Resolution No. 2008-2692. (Staff: David
Moe)
B. Consider Modification No. 1 to Residential Planned Development (RPD)
No. 1998-01, a Request to Relocate the Required Recreation Center from
Vesting Tentative Tract Map No. 5425 to Tract Map No. 5133, Located on
the South Side of Los Angeles Avenue at Millard Street, on the Application
of Shea Homes, Inc. Staff Recommendation: 1) Open the public hearing,
accept public testimony, and close the public hearing; and 2) Adopt
Resolution No. 2009- , approving Modification No. 1 to RPD No.
1998-01, subject to conditions of approval. (Staff: David Bobardt)
9. PRESENTATION/ACTION/DISCUSSION:
A. Consider Glenwood Park Restroom Options and Execute Agreements
with Martinez Architects, Inc., for Construction Document Production and
Construction Observation for a 380 Square Foot Restroom Building at
Glenwood Park, and PICON for Pre-Construction and Construction
Coordination Services. Staff Recommendation: 1) Approve Option 2, for
conventional design and construction of restrooms at Glenwood Park; 2)
Authorize the City Manager to execute an agreement with Martinez
Architects for the architectural design services at a cost not to exceed
$22,800, subject to 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 coordination, construction, and
close-out services at a cost not to exceed $14,400, subject to final
language approval by the City Manager and City Attorney. (Staff: Tom
Kruse)
Regular City Council Meeting Agenda
December 16, 2009
Page 3
9. PRESENTATION/ACTION/DISCUSSION: (continued)
B. Consider an Ordinance Adding Chapter 15.23 Water Efficient Landscape
Ordinance to Title 15 of the Municipal Code, Adopting by Reference the
Model Water Efficient Landscape Ordinance of the State of California as
Contained in the California Code of Regulations Title 23. Waters, Division
2. Department of Water Resources, Chapter 2.7. Model Water Efficient
Landscape Ordinance, Sections 490 through 494. Staff
Recommendation: 1) Introduce Ordinance No. for first reading,
waive full reading, and direct staff to schedule a public hearing and
second reading for January 6, 2010; and 2) Direct staff to return with a
resolution updating the City's Landscape Design Standards and
Guidelines. (Staff: David Bobardt)
C. Consider Award of Consultant Agreement to AECOM Technical Services,
Inc. for Final Project Design Plans, Specifications and Cost Estimates
(PSE) for Widening of Los Angeles Avenue between Moorpark Avenue
and Approximately 426 Feet East of Spring Road and Consider
Amendment to Hamner, Jewell and Associates Consultant Agreement for
Property Acquisition and Relocation Assistance Services. Staff
Recommendation: 1) Authorize the City Manager to sign a Consultant
Agreement with AECOM, subject to final language approval by the City
Manager and City Attorney for an amount not to exceed $65,458; and 2)
Authorize the City Manager to amend Hamner, Jewell and Associates'
existing agreement for Real Property Services to include the Los Angeles
Avenue Widening Project as specified in the agenda report, subject to final
language approval by the City Manager and City Attorney for an amount
not to exceed $140,000. (Staff: Yugal Lail)
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Minutes of Special Joint Meeting with Parks & Recreation
Commission of April 29, 2009. (continued from adjourned meeting of
December 2, 2009) Staff Recommendation: Approve the minutes.
B. Consider Minutes of Regular Meeting of November 18, 2009. (continued
from adjourned meeting of December 2, 2009) Staff Recommendation:
Approve the minutes.
C. Consider Warrant Register for Fiscal Year 2009-2010 — December 2,
2009. (continued from adjourned meeting of December 2, 2009) Staff
Recommendation: Approve the warrant register.
D. Consider Warrant Register for Fiscal Year 2009-2010 — December 16,
2009. Staff Recommendation: Approve the warrant register.
Regular City Council Meeting Agenda
December 16, 2009
Page 4
10. CONSENT CALENDAR: (continued)
E. Consider Status Report on Poindexter Park Security Camera System.
(continued from November 4, 2009). (continued from adjourned
meeting of December 2, 2009) Staff Recommendation: Receive and file
report. (Staff: Yugal Lail)
F. Consider the Report Titled "Accounting of Fund Information as Required
by Section 66006 of the California Government Code for Fiscal Year
2008/09". (continued from adjourned meeting of December 2, 2009)
Staff Recommendation: Receive and file report. (Staff: Ron Ahlers)
G. Consider Amendment to Cost Sharing Memorandum of Agreement (MOA)
for the Calleguas Creek Total Maximum Daily Load Monitoring and
Implementation Program. (continued from adjourned meeting of
December 2, 2009) Staff Recommendation: Authorize the Mayor to sign
the First Amended and Restated MOA. (Staff: Yugal Lail)
H. Consider Approval of Additional Administrative Leave. (continued from
adjourned meeting of December 2, 2009) Staff Recommendation:
Approve additional administrative leave for those positions as specified in
the agenda report. (Staff: Steven Kueny)
I. Consider Resolution Supporting the Local Taxpayer, Public Safety and
Transportation Protection Act of 2010. Staff Recommendation: 1) Adopt
Resolution No. 2009- ; and 2) Direct staff to forward copies of this
resolution to the League of California cities and the campaign offices.
(Staff: John Brand)
J. Consider Third Amendment to Implementation Agreement for Countywide
Stormwater Program. Staff Recommendation: 1) Authorize the Mayor to
sign the Amendment, subject to final language approval by the City
Manager and City Attorney. (Staff: Yugal Lail)
K. Consider Release of Surety (Cash Deposit Performance Bond) for Toll
Brothers Inc. (Moorpark Country Club Golf Course - CUP 1994-01). Staff
Recommendation: Authorize the City Clerk to release the cash deposit
performance bond as referenced in the agenda report for Toll Brothers,
Inc. (Staff: David Bobardt)
L. Consider Postponing Planned Workshop for Review of Proposed
Revisions to the Campus Master Plan for New Civic Center and City Hall
Scheduled for the Regular City Council Meeting of January 20, 2010.
Staff Recommendation: Remove the agenda item for the Civic Center
project from the January 20, 2010, regularly scheduled meeting and direct
staff to schedule other items for that meeting. (Staff: Hugh Riley)
Regular City Council Meeting Agenda
December 16, 2009
Page 5
10. CONSENT CALENDAR: (continued)
M. 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 Poindexter Park Expansion 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 and all required
close-out documents, on the part of the contractor, or 55 days after Notice
of Completion records, which ever 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:
Tom Kruse)
N. Consider Resolution Amending Personnel Rules and Regulations for the
Positions in the Competitive Service and Rescinding Resolution No. 2005-
2353. Staff Recommendation: Adopt Resolution No. 2009- (Staff:
Deborah Traffenstedt)
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
None.
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; Finance Director; Parks and Recreation Director; and Planning
Director
13. ADJOURNMENT:
Regular City Council Meeting Agenda
December 16, 2009
Page 6
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
December 16, 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 December 16, 2009, at 7:00
p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark
Avenue, Moorpark, California, was posted on December 11, 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 December 11, 2009.
Blanca Garza, Deputy City Clerk
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NOTICE OF CONTINUANCE OF OPEN PUBLIC HEARING
Duly noticed public hearing regarding:
Consider Modification No. 1 to Residential Planned Development
(RPD) No. 1998-01 a Request to Relocate the Required Recreation
Center from Vesting Tentative Tract Map No. 5425 to Tract Map No.
5133 Located on the South Side of Los Angeles Avenue at Millard
Street, on the Application of Shea Homes, Inc.
was held at a regular meeting on December 16, 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 January 20, 2010, in the Community Center located at 799 Moorpark Avenue,
Moorpark, California.
Dated: December 17, 2009.
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 Modification No. 1 to Residential Planned Development(RPD) No.
1998-01, a Request to Relocate the Required Recreation Center from
Vesting Tentative Tract Map No. 5425 to Tract Map No. 5133, Located on
the South Side of Los Angeles Avenue at Millard Street, on the Application of
Shea Homes, Inc.
continued from December 16, 2009, to January 20, 2010, was posted on December 17,
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 December 17, 2009.
Maureen Benson
Assistant City Clerk