HomeMy WebLinkAboutAGENDA 2007 0221 CC REGResolution No. 2007 -2566
Ordinance No. 350
REGULAR MEETING AGENDA
WEDNESDAY, FEBRUARY 21, 2007
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. PROCLAMATIONS AND COMMENDATIONS:
A. Introduction of New City Employee, David Klotzle, Assistant City Engineer.
B. Proclamation Declaring March 10, 2007, as Arbor Day.
C. City Manager's Monthly Report.
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(Pursuant to Council Rules of Procedure, Section 2.9, Items to be withdrawn from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.)
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 and for Presentation /Action /Discussion items prior to the
beginning of the first item of the Presentation /Action /Discussion portion of the Agenda. Speaker Cards for a Public
Hearing must be received prior to the beginning of the Public 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. Copies of each item of business on the agenda are on
file in the office of the City Clerk and are available for public review. Any questions concerning any agenda item may be
directed to the City Clerk at 517 -6223.
Regular City Council Meeting Agenda
February 21, 2007
Page 2
7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
8. PUBLIC HEARINGS:
9. PRESENTATION /ACTION /DISCUSSION:
A. Presentation by the Ventura County Grand Jury.
B. Consider Appointment of One City Representative to the Air Pollution
Control District Advisory Committee. (continued from February 7, 2007)
Staff Recommendation: Appoint one City representative to serve on the
Air Pollution Control District Advisory Committee for a term ending
January 2011. (Staff: Deborah Traffenstedt)
C. Consider Scheduling of the Summer Meeting Recess. (continued from
February 7, 2007) Staff Recommendation: Direct staff to post a notice of
meeting cancellation for the selected summer recess date(s). (Staff:
Deborah Traffenstedt)
D. Consider Resolution Fixing the Compensation for Members of the
Moorpark Arts Commission. Staff Recommendation: Adopt Resolution
No. 2007- . (Staff: David Moe)
E. Consider Resolution to Monitor and Report on Cable TV Customer
Service Performance. Staff Recommendation: Adopt Resolution No.
2007- . (Staff: John Brand)
F. Consider Governor's Budget Proposal Regarding Transit Spillover
Fundin . Staff Recommendation: Direct staff as deemed appropriate.
(Staff: John Brand)
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Approval of the Regular Meeting Minutes of February 7, 2007.
Staff Recommendation: Approve the minutes.
B. Consider Approval of Warrant Register for Fiscal Year 2006 -2007 —
February21, 2007. Staff Recommendation: Approve the warrant register.
C. Consider 2005 Annual AB 939 Solid Waste Diversion Report to the
Integrated Waste Management Board. Staff Recommendation: Receive
and File. ROLL CALL VOTE REQUIRED (Staff: Mary Lindley)
Regular City Council Meeting Agenda
February 21, 2007
Page 3
10. CONSENT CALENDAR: (continued)
D. Consider Bond Exoneration for William Lyon Homes, Inc. (RPD2003 -01,
TR5405 ). Staff Recommendation: Authorize the City Clerk to exonerate
Grading Surety Bond No. 8734539. (Staff: Yugal Lail)
E. Consider Bond Reductions for William Lyon Homes, Inc. (RPD99 -02,
TR5187 ). Staff Recommendation: 1) Authorize the City Clerk to
exonerate Surety Bonds Nos. SU5010170- Improvements Performance &
Payment and SU5010171- Grading; and 2) Authorize the City Clerk to
reduce Surety Bonds Nos. SL15009788- Grading and SU5013592-
Improvements Performance & Payment to 50% of their value. (Staff:
Yugal Lail)
F. Consider Bond Exonerations for Simi - Moorpark Freeway_ Properties, LTD
R4973 . Staff Recommendation: Authorize the City Clerk to exonerate
Surety Bonds Nos. 3SM89093200 -Storm Drain Improvements
Performance, 3SM89093200 -Storm Drain Improvements Laborers &
Materialmen, and 3SM9093300- Monument Improvements Performance.
(Staff: Yugal Lail)
G. Consider Selection of Consultant to Prepare Plans and Specifications for
the Widening of Los Angeles Avenue Between Maureen Lane and Leta
Yancy Road (Project 8058). Staff Recommendation: Approve selection of
Katz, Okitsu & Associates to prepare the design for the subject project.
(Staff: Yugal Lail)
H. Consider Resolution Amending the Conflict of Interest Code of the City of
Moorpark and Rescinding Resolution No. 2006 -2439. Staff
Recommendation: Adopt Resolution No. 2007- (Staff: Deborah
Traffenstedt)
Consider Award of Contract for the Construction of the Los Angeles
Avenue/Tierra Rejada Road Parkway Improvement Project and a
Resolution Amending the Fiscal Year 2006/07 Budget to Revise Funding
for the Projects. Staff Recommendation: 1) Award a construction contract
to Tropical Creations, Inc, and authorize the Mayor to execute the
construction contact in the amount of $514,292.40 for the subject project;
2) Authorize the City Manager to amend the construction contract for
project contingencies in an amount not to exceed $51,429, if and when the
need arises for extra work and services; and 3) Adopt Resolution No.
2007- , revising the funding for the subject project. ROLL CALL
VOTE REQUIRED (Staff: Yugal Lail)
Regular City Council Meeting Agenda
February 21, 2007
Page 4
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
A. Consider Ordinance No. 349 Amending the Moorpark Municipal Code
Section 15.26.01.0 (Construction Activity Restricted to Certain Hours),
Subsection A by Allowing the Community Development Director to Permit
Changes in Construction Hours on Private Property. Staff
Recommendation: Waive full reading and declare Ordinance No. 349
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. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION
(Pursuant to Subdivision (a) of Section 54956.9 of the Government Code)
4X Projects Co, a California Corporation, Richard Gray, an individual vs.
City of Moorpark and Does 1 through 50, inclusive (Case No. SC048687)
D. 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; Community Development Director; Finance Director; and Parks,
Recreation and Community Services 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
February 21, 2007
Page 5
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
I, Maureen Benson, 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 February 21, 2007, at 7:00
p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark
Avenue, Moorpark, California, was posted on February 16, 2007, 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 February 16, 2007.
Maureen Benson, Deputy City Clerk