HomeMy WebLinkAboutAGENDA 2008 1105 CC REGResolution No. 2008 -2761
Ordinance No. 373
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, NOVEMBER 5, 2008
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.)
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
November 5, 2008
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(Pursuant to Council Rules of Procedure, Section 2.9, Items to be withdrawn from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 open public hearing
from September 17, 2008) Staff Recommendation: Continue the item
with public hearing open to November 19, 2008. (Staff: David Moe)
B. Consider Resolution Approving Tentative Tract Map No. 5869, a Request
to Subdivide an Approved 78,939 Square Foot Medical Office Building into
Condominium Office Units to Allow the Sale or Lease of Individual Office
Suites within the Building Located at 635 Los Angeles Avenue, on the
Application of Karl Hinderer (Grand Moorpark, LLC). Staff
Recommendation: 1) Open the public hearing, accept public testimony,
and close the public hearing; and 2) Adopt Resolution No. 2008 -
approving Tentative Tract Map No. 5869. (Staff: David Bobardt)
C. Consider Resolution Finding and Determining that the Public Interest,
Convenience and Necessity Require the Acquisition of Certain Property
for Off -Site Public Access Road Purposes for Tract No. 5147, a 17 -Lot
Industrial Subdivision on 34.53 Acres Located Approximately 1,300 Feet
West of Gabbert Road North of the Union Pacific Railroad Right -of -Way
Located in the City of Moorpark County of Ventura, State of California.
Staff Recommendation: 1) Open the public hearing, accept public
testimony, and close the public hearing; and 2) After review of relevant
facts, adopt Resolution of Necessity No. 2008- to initiate eminent
domain proceedings to acquire the Paved Access Road Interests. ROLL
CALL VOTE — 2 /3rds AFFIRMATIVE REQUIRED (Staff: Barry Hogan)
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider Teen Council Appointments to Fill Two Vacancies. Staff
Recommendation: Make a maximum of two (2) appointments to the Teen
Council to complete the one -year term ending on June 30, 2009. (Staff:
Deborah Traffenstedt)
Regular City Council Meeting Agenda
November 5, 2008
Page 3
9. PRESENTATION /ACTION /DISCUSSION: (continued)
B. Consider Award of Contract to Malibu Pacific Tennis Courts for the
Veteran's Memorial and Resolution Amending the Fiscal Year 2008/09
Budget. Staff Recommendation: 1) Approve the project's scope of work
to include the rejection of the two add alternates, the reduction in the
number of the walkway lights, and the purchase and installation of
benches by staff, as outlined in the agenda report; 2) Award a contract to
Malibu Pacific Tennis Courts at a cost not to exceed $398,424 and
authorize the City Manager to execute the agreement; 3) Amend the
agreement with Community Works Design Group, increasing
compensation by $10,500 and authorize the City Manager to execute the
amendment; 4) Approve a contract with Pacific Materials Laboratory
(PML) for soils testing, lab work, and inspections at a cost not to exceed
$24,679 and authorize the City Manager to execute the agreement; and 5)
Adopt Resolution No. 2008- ROLL CALL VOTE REQUIRED
(Staff: Mary Lindley)
C. Consider Recruitment Process for Interim City Councilmember
Appointment Pursuant to Moorpark Municipal Code Section 2.04.050.
Staff Recommendation: 1) Direct staff to recruit for an interim City
Councilmember appointment to fill a vacancy until an election is held to fill
the remainder of the term, consistent with the recruitment process outlined
in the agenda report; and 2) Provide direction to staff on the date for the
interviews of the interim City Councilmember appointment candidates,
including direction on whether a special meeting will be scheduled for this
purpose. (Staff: Deborah Traffenstedt)
D. Consider Potential Change in Scheduling of Interviews for Arts, Parks &
Recreation and Planning Commission Candidates. Staff
Recommendation: Direct staff as deemed appropriate. (Staff: Deborah
Traffenstedt)
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Minutes of Regular Meeting of October 1, 2008. Staff
Recommendation: Approve the minutes.
B. Consider Minutes of Regular Adjourned Meeting of October 8, 2008. Staff
Recommendation: Approve the minutes.
C. Consider Minutes of Regular Meeting of October 15, 2008. Staff
Recommendation: Approve the minutes.
Regular City Council Meeting Agenda
November 5, 2008
Page 4
10. CONSENT CALENDAR: (continued)
D. Consider Warrant Register for Fiscal Year 2008 -2009 — November 5,
2008. Staff Recommendation: Approve the warrant register.
E. Consider Resection of Claim from: Kristy Baker. Staff Recommendation:
Reject the claim and direct staff to send a standard rejection letter to the
claimant. (Staff: Deborah Traffenstedt)
F. Consider Rejection of Claim from: Ian Mort. Staff Recommendation:
Reject the claim and direct staff to send a standard rejection letter to the
claimant. (Staff: Deborah Traffenstedt)
G. Consider Status Update on the Amended Implementation Plan for
Improvements Associated with Tract Nos. 5187 -1 &2 and 5405, the
Meridian Hills Residential Development Project, on the Application of
Resmark Equity Partners, LLC, (ORA Ashford 94, LLC). Staff
Recommendation: Receive and file the report. (Staff: David Bobardt)
H. Consider Purchase of Alternative Fuel Vehicle for the Moorpark
Volunteers in Policing Program. Staff Recommendation: 1) Award the
purchase of a 2009 Ford Escape Hybrid SUV to Simi Valley Ford, the
lowest responsible bidder; and 2) Authorize the City Finance Department
to process the necessary purchase order to obtain the vehicle with the
allocated funds. (Staff: Captain Ron Nelson)
Consider Award - of Contract for the Construction of the Tierra Rejada
Road Median Landscaping — Phase 2 (Project 8042) and Resolution
Amending Fiscal Year 2008/09 Budget to Fully Fund Said Project. Staff
Recommendation: 1) Award a construction contract to Rock Bottom, Inc.,
and authorize the City Manager to execute the construction contract in the
amount of $123,356.00 for the subject project; 2) Authorize the City
Manager to amend the construction contract for project contingencies in
an amount not to exceed $15,000 if and when the need arises for extra
work and services; and 3) Adopt Resolution No. 2008- ROLL CALL
VOTE REQUIRED (Staff: Yugal Lail)
J. Consider Reduction of Surety Bonds for Pardee Homes for Moorpark
Highlands (Tract No. 5045 -2, RPD No. 2002 -03). Staff Recommendation:
1) Authorize the City Clerk to exonerate the Monument Bond No.
81969773 and reduce the Performance /Labor and Materials Bond No.
81969774 to 10% for Pardee Homes; and 2) Authorize the City Clerk to
fully exonerate Bond No. 81969774 one year after this approval of the
reduction of the surety bond and upon written confirmation from the City
Engineer that no warranty work is required. (Staff: Yugal Lail)
Regular City Council Meeting Agenda
November 5, 2008
Page 5
10. CONSENT CALENDAR: (continued)
K. Consider Fee Parcel Right-of-Way and Storm Drain and Sidewalk
Easements for Sage Community Group (Tract No. 5130, RPD 1998 -02).
Staff Recommendation: Approve the acceptance of the fee parcels, and
storm drain and sidewalk easements, and authorize the City Clerk to sign
and record an acceptance certificate for the Grant Deeds and the
attachments thereto in the office of the Ventura County Recorder. (Staff:
Yugal Lail)
L. Consider Selection of a Consultant to Provide Services for Evaluation and
Recommendations for Moorpark City Transit, and Resolution Amending
the Fiscal Year 2008/09 Budget to Fully Fund the Project. Staff
Recommendation: 1) Approve the selection of Moore & Associates, Inc.,
to provide services for evaluation and recommendations for Moorpark City
Transit; 2) Authorize the City Manager to sign the Agreement; and 3)
Adopt Resolution No. 2008- ROLL CALL VOTE REQUIRED
(Staff: Yugal Lail)
M. Consider Amendment No 3 to Agreement for Dial -A -Ride Paratransit
Services with MV Transportation Inc. Extending Agreement for Three
Months. Staff Recommendation: Authorize the City Manager to approve
Amendment No. 3 to Agreement. (Staff: Yugal Lail)
N. Consider Resolution Rescinding Resolution No. 2008 -2696 Pertaining to
Parking Restrictions on Honeybrook Court and Rivergrove Street and
Maintaining Parking Restrictions on Honeybrook Court, West of
Alderbrook Street. Staff Recommendation: Adopt Resolution No. 2008-
, rescinding Resolution No. 2008 -2696. (Staff: Yugal Lail)
O. Consider Surety Bond Reduction for Toll CA L.P. Moorpark Country Club
Estates (Tract 4928 -3). Staff Recommendation: Authorize the City Clerk
to reduce Performance and Payment Bond No. 104058247 to 10% of the
original amount for Toll CA L.P., Moorpark Country Club Estates — Tract
4928 -3. (Staff: Dave Klotzle)
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)
Regular City Council Meeting Agenda
November 5, 2008
Page 6
12. CLOSED SESSION: (continued)
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 ll).
Regular City Council Meeting Agenda
November 5, 2008
Page 7
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 November 5, 2008, at 7:00
p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark
Avenue, Moorpark, California, was posted on October 31, 2008 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 31, 2008.
Maureen Benson, Assistant City Clerk
NOTICE OF CONTINUANCE OF OPEN PUBLIC HEARING
Duly noticed public hearing regarding:
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.
was held at a regular meeting on November 5, 2008, 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 19, 2008 in the Community Center located at 799 Moorpark Avenue,
Moorpark, California.
Dated: November 6, 2008.
fl
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 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 November 5, 2008, to November 19, 2008, was posted on November 6,
2008, 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 November 6, 2008.
Alit-
Maureen Benson
Assistant City Clerk