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AGENDA REPORT 2005 0720 CC REG ITEM 10A
CITY OF MOORPARK, CALIFORNIA ITEM �- A City Council Meeting of ACTION: ES OF THE JOINT MEETING OF THE L AND PARKS & RECREATION COMMISSION Moorpark, California April 27, 2005 A Special Joint Meeting of the Moorpark City Council and Parks & Recreation Commission was held on April 27, 2005, at 7 :00 p.m. at the Moorpark Community Center located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the City Council to order at 7:13 p.m. Chair Thompson called the Parks and Recreation Commission to order at 7:13 p.m. 2. THE PLEDGE OF ALLEGIANCE: Commissioner Van Dam led the Pledge of Allegiance. 3. ROLL CALL: City Council: Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter. Parks & Recreation Commissioners: Commissioners Catrombone, Pflaumer, Van Dam, Weisberger, and Chair Thompson. Staff Present: Steven Kueny, City Manager; Mary Lindley, Parks /Recreation and Community Services Director; Robert Stallings, Recreation Manager; Deborah Traffenstedt, Administrative Services Director /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PUBLIC COMMENT: None. 5. PRESENTATION /ACTION /DISCUSSION: A. Consider Priorities, Goals and Objectives for Fiscal Year 2005/2006. Staff Recommendation: Consider and 000216 Minutes of the City Council and Parks & Recreation Commission Moorpark, California Paqe 2 ril 27, 2005 discuss Priorities, Goals and Objectives for FY 2005/2006. Mr. Kueny gave the staff report for department objectives listed on stamped pages 132 -134 of the agenda report. CONSENSUS: It was the consensus of the Council and Commission to remove completed objectives and modify completion dates for the priorities, goals and objectives. Commissioner Weisberger and Chair Thompson summarized the top three priorities for the Parks and Recreation Commission to be the development of a skate park, a canine park, and expansion of the Arroyo Vista Gym. Commissioners Pflaumer and Van Dam spoke in regard to the need for a centrally located community swimming pool. CONSENSUS: It was the consensus of the Council and Parks and Recreation Commission to direct staff to look at options for an additional exit from Arroyo Vista Community Park and to report back to the Commission and Council. 6. ADJOURNMENT: Mayor Hunter adjourned the City Council and Chair Thompson adjourned the Parks and Recreation Commission at 8:03 p.m. Patrick Hunter, Mayor Sandra Thompson, Ch r ATTEST: Deborah S. Traffenstedt City Clerk Patty Le ke Administrative Secretary 000217 MINUTES OF THE CITY COUNCIL Moorpark, California June 1, 2005 A Regular Meeting of the City Council of the City of Moorpark was held on June 1, 2005, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 7:24 p.m. 2. PLEDGE OF ALLEGIANCE: Barry Hogan, Community Development Director, led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Kenneth Gilbert, Public Works Director; Mary Lindley, Parks /Recreation and Community Services Director; Barry Hogan, Community Development Director; Brad Miller, City Engineer; Johnny Ea, Finance Director; Captain Richard Diaz, Sheriff's Department; Deborah Traffenstedt, Administrative Services Director /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Recognition of Outgoing Teen Council Members. Mayor Hunter presented certificates of recognition to outgoing Teen Council Members Aryan Aziz, Kelsey Butzer, Brianna Corzine, Taylor Fernandez, Paul Jafar, Jon Lamberson, Roxana Moradi, Allyson Rueckert, and Gregory Smith. 5. PUBLIC COMMENT: Gerald Goldstein spoke about court enforced cleanup of his property and the City's Code Compliance program. 000218 Minutes of the City Council Moorpark, California Page 2 June 1, 2005 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mayor Hunter proposed hearing Items 8.A. and 8.C. first under Public Hearings, table Item 8.C. after taking public testimony, hear the balance of the agenda, and conclude the evening with Item 8.B. and the finalization of Item 8.C. CONSENSUS: It was the consensus of the Council to: 1) Hear Items 8.A. and 8.C. after Item 7. on the agenda; 2) Table Item 8.C. after taking public testimony; 3) Hear the remainder of the agenda; and 4) Conclude the meeting with Items 8.B. and B.C. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Parvin congratulated Captain Diaz for having received the Public Servant of the Year Award presented by the Moorpark Chamber of Commerce. Mayor Hunter announced the City, in association with the Boys and Girls Club, will be hosting "Moorpark After Dark ", a program designed specifically for young teens in grades 6 through 9 which will be held on Friday, June 3rd at the Boys and Girls Club. Mayor Hunter announced the Moorpark Beach Bus to Zuma Beach will run every Tuesday and Thursday June 21 through August 30. 8. PUBLIC HEARINGS: A. Consider Withdrawal from the Ventura County Library System. (continued from April 6, 2005, with public hearing open) Staff Recommendation: Direct staff as deemed appropriate. Ms. Lindley gave the staff report. Mayor Hunter announced the public hearing remains open. In response to Councilmember Parvin, Mr. Kueny stated staff would report back in regard to information obtained from consultants on withdrawal from the Library System. Gilbert Bahn spoke on behalf of the Friends of the Library and complimented the City Manager for working 000219 Minutes of the City Council Moorpark, California Page 3 June 1, 2005 with other cities' managers to come up with this solution. Mayor Hunter closed the public hearing. Councilmember Harper stated under this compromise the City saves $30,000 this year; and requested staff report back in September on information obtained from the consultants. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to continue this item with the public hearing closed to September 21, 2005, allowing staff time to obtain information from consultants on costs and details for withdrawing from the Library System. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, Item 8.C. was heard. 8. C. Consider Proposed Development Agreement Between North Park Village Limited Partnership and City of Moorpark Pertaining to General Plan Amendment No. 2001 -05, Specific Plan No. 2001 -01, and Zone Change No. 2001- 02. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Direct staff as deemed appropriate. (Staff: Steven Kueny) Mr. Kueny gave the staff report. Mayor Hunter opened the public hearing. Kim Kilkenny, representing North Park Village, 680 Walnut Street, Moorpark, spoke in support of the draft Development Agreement; and in response to Mayor Hunter stated North Park concurs with the Development Agreement, which he has been authorized to sign for North Park. In response to Councilmember Harper, Mr. Kilkenny stated a draft Memorandum of Understanding (MOU) with Moorpark College could go to the college board in July; the MOU with Moorpark Unified School District (MUSD) has been adopted and mitigation measures are under review; and there are no other outstanding agreements with any other agencies. 000220 Minutes of the City Council Moorpark, California Page 4 June 1, 2005 In response to Councilmember Parvin, Mr. Kilkenny stated, to the best of his knowledge, those residents in Campus Park affected by the proposed construction road traffic and who have agreed to participate, have reached an agreement with North Park on a dollar amount for compensation. In response to Mayor Hunter, Mr. Kilkenny stated residents who participate in the compensation agreement are not waiving their right to oppose the project. In response to Councilmember Mikos, Mr. Kilkenny stated North Park has submitted an offer to purchase the Waste Management piece of property required for the freeway interchange, but have not yet received a response. Lynn Shackelford spoke in support of the North Park Village Development Agreement (DA) citing the need for planned, controlled growth. He stated he liked the traffic mitigation fee per household, the $10 million for parks, and the dedication of land for a nature preserve. Chris Childers spoke in support of the Development Agreement for North Park citing the improvements to the project evolving from lengthy debate, affordable and senior housing, and North Park's inclusion of citizen ideas in the project. David Bagwell spoke in support of North Park citing the 2,000 acres donated back to the City to be maintained by the developer. Jim Stueck spoke in support of the Development Agreement. Tom Duck spoke in opposition citing traffic concerns and overdevelopment creating an urban environment. Anthony Banducci spoke in opposition citing lack of remedies for breach of the agreement, overdevelopment of the site, which is currently zoned for only 89 homes, unknown financial background of the financier for the project, and lack of agreements with Moorpark College, MUSD, and Waste Management. 000221 Minutes of the City Council Moorpark, California Page 5 June 1, 2005 Randy Smith spoke in support of the project, citing the financial benefits to the City, additional community services, property fees, park improvements, maintenance fees, a freeway interchange, and a school. He stated if the project is not approved by the voters the developer will go to the County for approval. Councilmember Mikos stated, as a point of clarification, a countywide SOAR. (Save Open -Space and Agricultural Resources) vote would have to take place before any development. Paul Edelman, Deputy Director for Natural Resources and Planning for the Santa Monica Mountains Conservancy (SMMC), 5750 Ramirez Canyon Road, Malibu, California, spoke in opposition citing inadequacy of mitigation for a wildlife corridor, the need for additional funding to provide for wildlife movement under the freeway, and a flaw in the transfer of open space to the public, which can be delayed for many years. Lyle Pennington spoke in support, citing the many benefits, and mitigations for traffic. Scott Mosher, representing the Moorpark Chamber of Commerce, spoke in support, citing the quality product negotiated in good faith with numerous legally binding safeguards. Randy Griffith spoke in opposition to a Special Election. He cited problems with the Mitigation Monitoring Program and referenced late correspondence submitted outlining his concerns. Steve Nardi spoke in opposition, citing massive grading, removal of trees, filling of valleys, traffic issues, Valley Fever, and biological impacts. He stated, if approved, the project should be required to construct the freeway interchange prior to development, and weekend construction should be prohibited. In response to Mayor Hunter, Ms. Traffenstedt summarized 8 Written Statement cards in favor and 2 in opposition to the Development Agreement. 000222 Minutes of the City Council Moorpark, California Page 6 June 1, 2005 In response to Council, N additional wildlife crossing Alamos Canyon interchange Management land; and stated mechanisms to assist in this r. Edelman described an needed in the event the is constructed on Waste SMMC has limited funding area. CONSENSUS: It was the consensus of Council to table this item for discussion later in the meeting. AT THIS POINT in the meeting, a recess was declared. The time was 8:53 p.m. The meeting reconvened at 9:22 p.m. with Item 8.D. 8. D. Consider Final Assessment Engineer's Report for the Parks and Recreation Maintenance and Improvement Assessment District and Resolution Confirming the Levy Amount for Fiscal Year 2005/06. Staff Recommendation: 1) Open the public hearing, take public testimony, and close the public hearing; 2) Adopt Resolution No. 2005 -2331. ROLL CALL VOTE REQUIRED Ms. Lindley gave the staff report and corrected stamped page 405 of the agenda report, reducing the budget by $120,000 by removing the replacement cost for the Campus Park Restroom. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mayor Hunter closed the public hearing. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion approving the Final Assessment Engineer's Report for the Parks and Recreation Maintenance and Improvement Assessment District and adopting Resolution No. 2005 -2331 confirming the levy amount for Fiscal Year 2005/06. The motion carried by unanimous roll call vote. E. Consider Final Review and Chances to the Enaineer's Report for Landscaping and Lighting Maintenance Assessment Districts, and Resolution Confirming the Assessments for Fiscal Year 2005/06. Staff Recommendation: 1) Open the public hearing, take public testimony, and close the public hearing; 2) Adopt Resolution No. 2005 -2332; and 3) Direct staff to present to the City Council in November 2005, a 000223 Minutes of the City Council Moorpark, California Paqe 7 June 1. 2005 Resolution amending the FY 05/06 Budget to approve certain Fund transfers required to "zero -out" FY 04/05 year -end deficits in any of the City's Assessment District Funds. ROLL CALL VOTE REQUIRED Mr. Gilbert gave the staff report. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mayor Hunter closed the public hearing. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to: 1) Adopt Resolution No. 2005- 2332; and 2) Direct staff to present to the City Council in November 2005, a Resolution amending the FY 05/06 Budget to approve certain Fund transfers required to "zero -out" FY 04/05 year -end deficits in any of the City's Assessment District Funds. The motion carried by unanimous roll call vote. F. Consider Final Review and Changes to the Engineer's Report for Assessment District 05 -01 (M &M Development - Parcel Map 5264), and Resolution Confirming the Assessment Amounts for Fiscal Year 2005/06. 1) Open the public hearing, take public testimony, and close the public hearing; 2) Approve the Engineer's Report for AD05 -01 for FY 2005/06, with no changes from the report approved by City Council Resolution No. 2005- 2323; and 3) Adopt Resolution No. 2005 -2333. ROLL CALL VOTE REQUIRED Mr. Gilbert gave the staff report. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mayor Hunter closed the public hearing. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to: 1) Approve the Engineer's Report for AD05 -01 for FY 2005/06, with no changes from the report approved by City Council Resolution No. 2005 -2323; 000224 Minutes of the City Council Moorpark, California Page 8 June 1, 2005 and 2) Adopt Resolution No. 2005 -2333. The motion carried by roll call vote 4 -1, Councilmember Mikos dissenting. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Second Amendment to Memorandum of Understanding (MOU) Between North Park Village, LP and City of Moorpark. Staff Recommendation: Approve MOU subject to final language approval of City Attorney and City Manager. Mr. Kueny gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to approve the second amendment to the Memorandum of Understanding between North Park Village LP and the City of Moorpark, subject to final language approval of City Attorney and City Manager. The motion carried by unanimous voice vote. B. Consider Resolution Rescinding Resolution No. 93 -976 Pertaining to Parking Restriction on Miller Parkway and a Portion of Peach Hill Road and Establishing Revised Parking Restrictions on Said Streets. Staff Recommendation: Adopt Resolution No. 2005 -2334. Mr. Gilbert gave the staff report. In response to Councilmember Parvin, Mr. Gilbert stated affected residents do have a Homeowners Association, which can be notified of the changes allowing time for comments about the parking issue. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2005 -2334, rescinding Resolution No. 93 -976 pertaining to parking restrictions on Miller Parkway and a portion of Peach Hill Road and establishing revised parking restrictions on said streets, as amended, to provide notification to the Homeowners Association. The motion carried by unanimous voice vote. 000225 Minutes of the City Council Moorpark. California Paae 9 June 1, 2005 C. Consider Ordinance Amending and Replacing in Its Entirety Chapter 5.06 Cable Communications of Title 5 of the Moorpark Municipal Code. Staff Recommendation: Introduce Ordinance No. 316 for first reading. Mr. Riley gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mr. Montes read the title of Ordinance No. 316. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to waive full reading of Ordinance No. 316 and declare Ordinance No. 316 read for the first time. The motion carried by unanimous voice vote. D. Consider Authorizing the Removal of Eucalyptus Trees and Direct Tree Replanting. Staff Recommendation: Consistent with the agenda report, approve the removal of 29 mature Eucalyptus trees on Peach Hill Road, conditioned on the planting of a 24 -inch box tree in the rear yard of each property where trees are removed. Ms. Lindley gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. In response to Councilmember Parvin, Ms. Lindley stated the affected property owners would be notified of Council's approval for tree removal and would supply a list of approved replacement trees. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to: 1) Approve the removal of 29 mature Eucalyptus trees on Peach Hill Road, conditioned on the planting of a 24 -inch box tree in the rear yard of each property where trees are removed; and 2) Notification to affected property owners of Council's approval for tree removal along with a list of approved replacement trees. The motion carried by unanimous voice vote. E. Consider Awarding a Contract for the Construction of the New Corporate Yard and a Resolution Amendina the 000226 Minutes of the City Council Moorpark, California Paqe 10 June 1, 2005 Fiscal Year 2004/05 Budqet to Increase Fundinq for the Project. Staff Recommendation: 1) Declare the bid received for McGillivray Construction to be non- responsive; 2) Approve the award of contract to Soltec- Pacific for the construction of the subject project and authorize the City Manager to execute all necessary contract documents; and 3) Adopt Resolution No 2005- increasing the funding for the project. ROLL CALL VOTE REQUIRED Mr. Gilbert gave the staff report. In response to Councilmembers Millhouse, Parvin and Mayor Hunter, Mr. Montes stated, if Council decides to award the contract to McGillivary Construction or to start over by requesting all new bids, it is recommended the hearing be continued to allow Soltek- Pacific the opportunity to be heard. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to 1) Declare the bid received for McGillivray Construction to be non - responsive; 2) Approve the award of contract to Soltec- Pacific for the construction of the subject project and authorize the City Manager to execute all necessary contract documents; and 3) Adopt Resolution No 2005- increasing the funding for the project. After discussion by Council regarding the lateness and non - responsiveness to bid procedures by McGillivary Construction; possible litigation if Soltec- Pacific were not awarded the contract; and ramifications if starting the bidding over, Councilmember Harper called the question. The motion failed by voice vote 2 -3, Councilmembers Millhouse, Parvin and Mayor Hunter dissenting. CONSENSUS: It was the consensus of the Council to table discussion of Item 9.E. 000227 Minutes of the City Council Moorpark, California Paqe 11 June 1, 2005 10. CONSENT CALENDAR: Mayor Hunter requested the regular meeting minutes of May 18, 2005, under Item 10.A. be pulled from the Consent Calendar for individual consideration. MOTION: Councilmember Harper Harper moved and Councilmember Parvin seconded a motion to approve the Consent Calendar with the exception of the regular minutes of May 18, 2005 under Item 10.A, which were pulled for individual consideration. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Regular Meeting of December 15, 2004. Consider Approval of Minutes of Special Meeting of May 18, 2005. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2004 -2005 - June 1, 2005. Manual Warrants Voided Warrant Payroll Liability 119354 - 119355 & 118720 & 118895 & 119257 $1,122,420.74 $ (1,080.00) Warrants 119349 - 119353 $ 1,710.20 Regular Warrants 119356 - 119446 & $ 47,364.46 119447 - 119465 $ 321,727.83 Staff Recommendation: Approve the warrant register. C. Consider Resolution Amending the Fiscal Year 2004/05 Budget for Heating /Venting /Air Conditioning (HVAC) Cleaning. Staff Recommendation: Adopt Resolution No. 2005 -2335 amending the FY budget to appropriate $16,700 from the General Fund Reserve for HVAC Cleaning. ROLL CALL VOTE REQUIRED D. Consider Award of Contract to Premium Construction for Mountain Meadows Park Playground Improvements and Resolution Amendinq the Fiscal Year 2004/05 Budget. 000228 Minutes of the City Council Moorpark, California Paqe 12 June 1, 2005 Staff Recommendation: Award a contract to Premium Construction in an amount not to exceed $38,630, authorize the City Manager to sign on behalf of the City, and adopt Resolution No. 2005 -2336, amending the project budget. ROLL CALL VOTE REQUIRED E. Consider Notice of Completion for the Construction of a Double Left Turn Lane on Spring Road at Tierra Rejada Road. Staff Recommendation: Accept the work as complete. F. Consider Notice of Completion for the Construction of the Spring Road Median Landscaping North of Second Street and the Replacement of the Parkway Trees on the East Side of Tierra Rejada Road South of Courtney Lane. Staff Recommendation: Accept the work as complete. G. Consider Entering into a Contractual Agreement with the Moorpark Packers of the Gold Coast Football League. Staff Recommendation: Approve the proposed use agreement with Moorpark Packer Football pending final language approval by the City Attorney and City Manager, and authorize the Mayor to sign the Agreement on behalf of the City. H. Consider Subdivision Bond Reduction for Richmond American Homes of California, Inc. (Tract 4977). Staff Recommendation: 1) Authorize the City Clerk to reduce Subdivision Bond - Street Improvements (Performance /Labor & Materials) to 10% for Richmond American Homes of California, Inc. (Tract 4977); and 2) Authorize the City Clerk to fully exonerate the aforementioned sureties for Tract 4977 one year after this approval of the reduction of surety bond and upon written confirmation from the City Engineer that no warranty work is required. I. Consider Resolution Amending the Fiscal Year 2004/05 Budget for Active Adult Center Repairs and Notice of Completion for the Project. Staff Recommendation: 1) Adopt Resolution No. 2005 -2337, amending the FY 2004/05 Budget; and 2) Authorize the City Clerk to file the Notice of Completion, and release of bonds thirty -five (35) days after Notice of Completion records consistent with the contract. ROLL CALL VOTE REQUIRED 000229 Minutes of the City Council Moorpark, California Page 13 June 1, 2005 The following minutes were pulled from Item 10.A. for individual consideration: 10. A. Consider Approval of Minutes of Regular Meeting of May 18. 2005. Mayor Hunter stated he would be requesting a correction to the minutes of the regular meeting of May 18, 2005, and recommended they be brought back on June 15, 2005. CONSENSUS: It was the consensus of the Council to bring back corrected minutes of the regular May 18, 2005, meeting on June 15, 2005. 11. ORDINANCES: A. Consider Ordinance No. 315, an Ordinance of the Cit of Moorpark, Authorizing an Amendment to the Contract between the City and the Board of Administration of the California Public Employees' Retirement System (CalPERS) to Provide Section 21623.5 Retired Death Benefit. Staff Recommendation: Waive full reading and declare Ordinance No. 315 read for the second time and adopted as read. Mr. Montes read the title of Ordinance No. 315. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to waive full reading of Ordinance No. 315, declare Ordinance No. 315 read for the second time and adopted as read. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, the Council heard Item 8.B. along with returning to Item 8.C. B. Consider General Plan Amendment No. 2001 -05, Specific Plan No. 2001 -01, and Zone Change No. 2001 -02 for 1,650 Housing Units on 3,586.3 Acres Located Generally North of Moorpark College and State Route 118 on Land Immediately Outside City of Moorpark Municipal Boundaries, Applicant: North Park Village, LP. (continued from May 18, 2005, with public hearing closed) Staff Recommendation: 1) Discuss the project and direct staff as deemed appropriate; 2) Adopt 000230 Minutes of the City Council Moorpark, California Page 14 June 1, 2005 Resolution No. 2005 -2338 certifying the Final Environmental Impact Report (EIR) ; 3) Adopt Resolution No. 2005 -2339 making EIR Findings, adopting a Mitigation Monitoring and Reporting Program, and making a Statement of Overriding Considerations; and 4) Continue the agenda item with the closed public hearing to the regular City Council meeting of June 15, 2005. Mr. Bobardt gave the staff report and answered questions from the May 18 meeting. He described minor amendments to the Mitigation Monitoring Program to include: • On stamped page 248 of the agenda report, under Section 3.1 Land Use and Related Planning Programs - Project Design Features would be amended to read, "A graded site and access road in the Nature Preserve will be p evided— ef :a1he f u t-ui=e- -tee l e ea�.ie n o f the —M e e ipa r k —G ellg e Gbsefoatefy te Iche Nerth Par Preserve offered for observatory use by the Ventura County Community College District, subject to a License Agreement between the City of Moorpark and Ventura County Community Colleae District." • On stamped page 252 of the agenda report under Section 3.3 Transportation and Circulation - Project Design Features would be amended to read, "E Street will be constructed as a 48- foot to 60 -foot wide two -lane collector road..." • On stamped page 264 of the agenda report under Section 3.3 Transportation and Circulation - EIR Section /Mitigation Program, the last row would be amended to read, "A Conservation Organization shall —)e chosen by the City of Moorpark (or the City of Moorpark in coordination with U.S. Fish and Wildlife Service and the California Department of Fish and Game if necessitated by any regulatory permitting requirement) -te shall manage the Nature Preserve..." • On stamped page 266 of the agenda report under Section 3.6 Biological Resources - Standard Conditions and Requirements, the following 000231L Minutes of the City Council Moorpark, California Page 15 June 1, 2005 would be added to the end of the last sentence, "...for the project at the applicant's expense." • On stamped page 276 of the agenda report under EIR Section /Mitigation Program Section No. 7. the following wording would be inserted in beginning with the fourth sentence, "The permitting process would require the preparation of a Biological Assessment for the entire Specific Plan site, including off -site improvements, which would include a mitigation plan to avoid or minimize impacts on this species. This mitigation may include avoiding the habitat of the coastal California gnatcatcher, (which may reduce the development footprint), construction, or purchase of offsite habitat to this species..." In this same row under Timing of Mitigation the entry would be amended to read, "Prior to issuance of the first grading permit f-ef the eeess r-© d an ♦- . e h " • On stamped page 284 of the agenda report under Mitigation Measures No. 1 - Monitoring Action would be changed to read "Review and acceptance of Master Plan of Drainage by the City Council" • On stamped page 302 of the agenda report under Fire Protection - Project Design Features second row, the following would be added "The fire station site identified in the approved Specific Plan will be offered for dedication to the Ventura County Fire Protection District (VCFPD) consistent with the terms of the Development Agreement." • On stamped page 302 of the agenda report under Fire Protection - Project Design Features third row, the following would be added, "It will be constructed in an area mutually agreed upon by the City of Moorpark, the Ventura County Fire Protection District, and the project applicant and will be maintained by the Ventura County Fire Protection District." • On stamped page 308 of the agenda report under Section 3.11 Public Health and Safety - 000232 Minutes of the City Council Moorpark, California Page 16 June 1, 2005 Hazardous Materials Waste - Standard Conditions and Requirements, in the first row under Timing of Mitigation the following would be added, "Prior to the issuance of the first grading permit or conveyance of Nature Preserve land to the City." • On stamped page 308 of the agenda report under Public Health and Safety - Hazardous Materials Waste - Standard Conditions and Requirements, in the second row the following would be added in the first line "Prior to the issuance of the first grading permit or conveyance of Nature Preserve land to the City, the applicant shall..." and a final sentence would be added to read, "All oil well pumping and equipment will be removed." Mr. Bobardt stated staff has provided a revised Specific Plan in legislative format. Dana Privitt, the City's environmental consultant from Bontara Consulting, responded to late correspondence received from the U.S. Fish and Wildlife Service and from Randy Griffith, as well as to environmental comments made during the public testimony by Randy Griffith, Tom Duck, Paul Edelmen, and Steve Nardi. In response to Mayor Hunter, Mr. Kilkenny stated he is authorized to sign the Development Agreement; the issue raised in public testimony have been addressed by staff; SMMC never discussed a regional wildlife corridor; and he does not have the authority to pledge funds, but could possibly contribute $100,000. In response to Councilmembers Millhouse and Harper, Mr. Kilkenny stated the Development Agreement conveys one -third of the nature preserve to the City with each grading permit and even though the open space comes in thirds, it is still available to the public. In response to Mayor Hunter, Mr. Montes confirmed the EIR satisfies the CEQA requirement. Mayor Hunter closed the public testimony portion of the hearing for Item 8.C. and recommended continuing discussion of both Items 8.B. and 8.C, concurrently. 000233 Minutes of the City Council Moorpark, California Paqe 17 June 1, 2005 MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to Adopt Resolution No. 2005 -2338 certifying: 1) The Final Program Environmental Impact Report (EIR) for the North Park Village and Nature Preserve Specific Plan Project (SCH 2002011114) has been completed in compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City CEQA Procedures 2) The Final Program EIR was presented to the City Council of the City of Moorpark, and the City Council has reviewed and considered the information contained in the Final Program EIR prior to approving the project; and 3) the Final EIR reflects the independent judgment and analysis of the City of Moorpark. The motion carried by roll call vote 4 -1, Councilmember Mikos dissenting. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2005 -2339 making EIR Findings, adopting a Mitigation Monitoring and Reporting Program as amended, and making a Statement of Overriding Considerations. In response to Mr. Kueny, Councilmember Millhouse, as the maker of the motion, and Councilmember Parvin, as the second, acknowledged the clearing of the oil fields on site as a revised mitigation measure. The motion carried by roll call vote 3 -2, Councilmember Mikos and Mayor Hunter dissenting. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to continue agenda Item 8.B. public hearing closed to June 15, 2005. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, discussion of Item 8.C. continued. 8. C. Consider Proposed Development Agreement Between North Park Village Limited Partnership and City of Moorpark Pertaining to General Plan Amendment No. 2001 -05, Specific Plan No. 2001 -01, and Zone Change No. 2001- 02. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Direct staff as deemed appropriate. (Staff: Steven Kueny) 000234 Minutes of the City Council Moorpark, California Paqe 18 June 1, 2005 CONSENSUS: It was the consensus of Council to have Mr. Edelman from the SMMC meet with a Caltrans biologist and staff on the project site to determine a location and cost for an additional wildlife under - crossing of State Route 118 and to report back to Council so this proposal can be added to the Development Agreement. CONSENSUS: It was the consensus of the Council to continue Item 8.C. with public hearing closed to June 15, 2005. AT THIS POINT in the meeting, the Council returned to Item 9.E. on the agenda. 9. E. Consider Awarding a Contract for the Construction of the New Corporate Yard and a Resolution Amending the Fiscal Year 2004/05 Budget to Increase Funding for the Project. Staff Recommendation: 1) Declare the bid received for McGillivray Construction to be non- responsive; 2) Approve the award of contract to Soltec- Pacific for the construction of the subject project and authorize the City Manager to execute all necessary contract documents; and 3) Adopt Resolution No 2005- increasing the funding for the project. ROLL CALL VOTE REQUIRED CONSENSUS: It was the consensus of the Council to continue Item 9.E. to June 15, 2005. AT THIS POINT in the meeting, the Council continued with the remainder of the agenda. 12. CLOSED SESSION: None was held. 13. ADJOURNMENT: MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 11:59 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk 000235 MINUTES OF THE CITY COUNCIL Mooroark, California June 15, 2005 A Regular Meeting of the City Council of the City of Moorpark was held on June 15, 2005, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 7:15 p.m. 2. PLEDGE OF ALLEGIANCE: Hugh Riley, Assistant City Manager, led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Kenneth Gilbert, Public Works Director; Mary Lindley, Parks /Recreation and Community Services Director; Barry Hogan, Community Development Director; Brad Miller, City Engineer; Johnny Ea, Finance Director; Captain Richard Diaz, Sheriff's Department; Deborah Traffenstedt, Administrative Services Director /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. City Manager's Monthly Report. Mr. Kueny deferred due to the length of the agenda. 5. PUBLIC COMMENT: Roy Ash, representing the Moorpark Active Adult Center, thanked Council for their support of the center and for Peggy Rothschild's leadership as the Active Adult Center Supervisor. He provided a handout describing the financial programs which provide funding to Moorpark Seniors. 000236 Minutes of the City Council Moorpark, California Page 2 June 15, 2005 Gerald Goldstein spoke in regard to court enforced cleanup of his property; and his opposition to the City's withdrawal from the Ventura County Library System. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:22 p.m. The City Council meeting reconvened at 7:31 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mayor Hunter proposed hearing Items 8.A. and 8.D. first then Items 8.B, 8.C, and 9.C. concurrently, and then take the balance of the agenda in the order written. CONSENSUS: It was the consensus of Council to hear Items 8.A. and 8.D. followed by hearing Items 8.B, 8.C, and 9.C. concurrently, and then the remainder of the agenda as written. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos announced a hike on Saturday, June 18 at Happy Camp Regional Park. Councilmember Parvin congratulated the Moorpark Chamber of Commerce on the success of the Apricot Festival. Councilmember Parvin congratulated the Moorpark Rotary Club for the installation of "Welcome to Moorpark" signs. Mayor Hunter announced the Annual Fireworks Extravaganza, featuring live entertainment, sky divers, games and attractions, food booths, and a spectacular aerial fireworks display, will take place on Sunday, July 3 at Arroyo Vista Community Park. 8. PUBLIC HEARINGS: A. Consider Resolutions Continuing Public Hearings Concerning the Formation of Community Facilities District No. 2004 -1 (Moorpark Highlands) and Community Facilities District No. 2004 -2 (Moorpark Vistas) to July 20, 2005. (continued from May 18, 2005, with public hearing open) Staff Recommendation: 1) Continue open public hearings; and 2) Adopt Resolutions Nos. 2005 -2340 and 2005 -2341 continuing the open public hearings to July 20, 2005. 000237 Minutes of the City Council Moorpark, California Paqe 3 June 15, 2005 Mr. Riley gave the staff report. Mayor Hunter announced the public hearing remains open. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adopt Resolutions Nos. 2005- 2340 and 2005 -2341 continuing the open public hearings to July 20, 2005. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, Item 8.D. was heard. 8. D. Consider Resolution Declaring the Private Parking Facilities within the Shopping Center (CPD- 2002 -01), Located at the Northeast Corner of Spring Road and New Los Angeles Avenue, to be Subject to the Provisions of the California Vehicle Code. Staff Recommendation: 1) Open the public hearing, take public testimony, and close the public hearing; and 2) Adopt Resolution No. 2005 -2342. Mr. Miller gave the staff report. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mayor Hunter closed the public hearing. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to adopt Resolution No. 2005 -2342, declaring the private parking facilities within the shopping center located at the northeast corner of Spring Road and New Los Angeles Avenue, to be subject to the provisions of the California Vehicle Code. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, Items 8.B, 8.C, and 9.C. were heard. 8. B. Consider General Plan Amendment No. 2001 -05, Specific Plan No. 2001 -01, and Zone Change No. 2001 -02 for 1,650 Housina Units on 3,586.3 Acres Located Generally 000238 Minutes of the City Council Moorpark, California Paqe 4 June 15, 2005 North of Moorpark Colleae and State Route 118 on Land Immediately Outside City of Moorpark Municipal Boundaries, Applicant: North Park Village, LP. (continued from June 1, 2005, with public hearing closed) Staff Recommendation: 1) Adopt Resolution No. 2005 (in Agenda Item 9.C.) placing an Ordinance on the ballot that includes General Plan Amendment No. 2001 -05, Specific Plan No. 2001.01, and Zone Change No. 2001 -02 with Development Agreement No. 2005 -01 for consideration by Moorpark voters. 8. C. Consider Proposed Development Agreement Between North Park Village Limited Partnership and City of Moorpark Pertaining to General Plan Amendment No. 2001 -05, Specific Plan No. 2001 -01, and Zone Change No. 2001- 02. (continued from June 1, 2005, with public hearing closed) Staff Recommendation: Adopt Resolution No. 2005- (in Agenda Item 9.C.) placing an Ordinance on the ballot that includes Development Agreement No. 2005 -01 with General Plan Amendment No. 2001 -05, Specific Plan No. 2001 -01, and Zone Change No. 2001 -02 for consideration by Moorpark voters. Mr. Bobardt stated under Item 8.B. minor changes have been made to the Specific Plan; and in regard to Item 8.C, staff and Bontara Consulting have met with the Santa Monica Mountains Conservancy concerning wildlife corridor enhancements for the project. Mayor Hunter stated the public hearings remain closed for these two items. AT THIS POINT in the meeting, Mayor Hunter called for the staff report on Item 9.C. 9. C. Consider Special Election Resolutions for the North Park Village and Nature Preserve Project. Staff Recommendation: Direct staff as deemed appropriate. Ms. Traffenstedt gave the staff report. Cynthia Hunt spoke in opposition to the Special Election in order to allow more time for those in opposition to North Park to organize their campaign; and stated the impacts to the City Clerk's Division are significant. 000239 Minutes of the City Council Moorpark, California Page 5 June 15, 2005 Steve Nardi spoke in opposition to a September Special Election. Susan Nardi spoke in opposition to a September Special Election, as a November election would allow more time to organize opposition to the project. Cathy Jacobs spoke in opposition to a September Special Election, citing it as an advantage to the developer. Joseph Catrambone spoke in Special Election, stating and unduly burden staff. opposition to the September it would draw fewer voters Kim Kilkenny, representing North Park Village, spoke in support of the Special Election in September and in opposition to the November statewide election, which would be an extraordinary political event posing a distraction to Moorpark voters. In response to Mayor Hunter, Mr. Kilkenny stated North Park would not be adverse to a January 2006 election. Guy Gullo spoke in opposition to a September election due to the absence of many Moorpark voters on summer vacation. Suzanne Wilson spoke in opposition to a September election, citing it as another example of Moorpark having to change to accommodate North Park. Dorothy Ventimiglia spoke in support of a November election to allow more time to get the information out to the public by those in opposition to the project; and stated a September election would put extra burden on staff. Linda Shishno -Cruz spoke in opposition to a September election. In response to Mayor Hunter, Ms. Traffenstedt summarized 10 Written Statement Cards in opposition to a Special September election, 1 Written Statement Card in opposition to the project as a whole, and 1 Written Statement card opposed to any election. 000240 Minutes of the City Council Moorpark, California Page 6 June 15, 2005 CONSENSUS: It was the consensus of Council to table Item 9.C. to take discussion of Items 8.B. and 8.C. AT THIS POINT in the meeting, a recess was declared. The time was 8:27 p.m. The meeting reconvened at 8:50 p.m. with Items 8.B. and 8.C. 8. B. Consider General Plan Amendment No. 2001 -05, Specific Plan No. 2001 -01, and Zone Change No. 2001 -02 for 1,650 Housing Units on 3,586.3 Acres Located Generally North of Moorpark College and State Route 118 on Land Immediately Outside City of Moorpark Municipal Boundaries, Applicant: North Park Village, LP. (continued from June 1, 2005, with public hearing closed) Staff Recommendation: 1) Adopt Resolution No. 2005 (in Agenda Item 9.C.) placing an Ordinance on the ballot that includes General Plan Amendment No. 2001 -05, Specific Plan No. 2001.01, and Zone Change No. 2001 -02 with Development Agreement No. 2005 -01 for consideration by Moorpark voters. In response to Council, Mr. Bobardt described the following recommended new editorial changes to the Specific Plan: On page 31 of the Specific Plan, second bullet from the top, the language would be changed for clarification from "The thiesheld— prehibiting ire issuanee —e f the —building p e rat €e r the Z5 0 e fesidden:t�ial un!�. until the new SR 118 inteL-ehanqe as s Nebo zr- in SP 2001 nevi= 91 is ep era b e n d- shall t -b be fedueed —w a t-h e u f e v a lefty e ---^tee Lcpa-r-k eleeter-ate." to "No more than 500 residential units may receive building interchange as shown use unless approved k the next bullet the made, "...Specific Plan restrictive without electorate." • On page 34 of Implementation "The North Par -tea 5 5.0 to permits until the new SR -118 .n SP 2001 -01 is open for public v the Moorpark electorate." In following correction should be 2001 -01 shall not be made more the approval of the Moorpark the Specific Plan under Plan the following change is needed, Park plan provides for approximately 6.5 acres of neighborhood..." • On page 56 of the Specific Plan in Section 2.1.3 Retail Land Uses, the following change is needed 000241 Minutes of the City Council Moorpark, California Page 7 June 15, 2005 in the first line, "Planning Area PA -49 is the proposed site of an approximately 6.0 6.5 5.0 to b.5 -acre mixed use neighborhood..." and the following sentence should be added to the end of this section, "An increase from above 5.0 -acres would result in a corresponding decrease to land in PA -31." • On page 93 of the Specific Plan in Section 3.1.2. Fire Protection, the following sentence should be removed as it is inaccurate. ne_ ,iees. • On page 94 of the Specific Plan, in the last paragraph, the first sentence should read, "Prior to the recordation of the first final map, the project Applicant shall enter into an agreement with the Ventura County Fire Protection District establishing the timing for the provision of a fire protection site and infrastructure requirements for the Specific Plan "consistent with the terms of the Development Agreement." • On page 95 of the Specific Plan in Section 3.1.3 Police Protection the second sentence should be eliminated, "Nert-h Park will be served— any —}c ,h ._ • On page 121 of the Specific Plan, the second sentence should be changed to read, "...sycamores will may used to develop a united character for these locations." On the bottom of this same page the last paragraph should read, "The Community wall is a six -foot high wall made of a lightly colored split -faced or other decorative concrete block on both sides. • On page 122 of the Specific Plan, in paragraphs two, three and four, "or other decorative" should be inserted after each mention of "lightly colored split- faced" concrete block. 000242 Minutes of the City Council Moorpark, California Page 8 June 15, 2005 • On page 153 of the Specific Plan, Section 17.70.050 Mixed Use Development Regulations: Neighborhood Center (NC) Designation, the following changes should be made to the second to last sentence "...Residential Planned Development Permit and Conditional Use Permit, with conditions of approval, including the maximum floor -area ration for commercial uses and the maximum size of housing units in this zone..." And in the last sentence the following change should be made, "Any conditions weuld shall be in addition to the applicable provision of this Specific Plan, the Zoning Ordinance, and Development Agreement No. 2005 -01." • On page 158 of the Specific Plan, Section 17.70.085, the last sentence should be changed to read, "The following uses within the Nature Preserve designation require a Conditional Use Permit: Edueatienal faeilit Astronomical observatories, fire - suppression helispots, and water storage facilities." • On page 164 of the Specific Plan the title of Section 6.3 should be changed to read, "Dr�BImIG FUNDING -AND — INFRASTRUCTURE FINANCING" and a similar change should be made to page 11 of the Table of Contents for Section 6.3. • On page 167 of the Specific Plan the top paragraph should be changed to read, The t#ie s h e l d--pi=e hlb t:�in g the ; s e f t- h _e b rA l d i n Ej pei=ffii1c —€e r —t-h e ices i d entia —uni�c anti:! the new SR-118 — n t ei e h a n q e—a as —s h ems i n —9-P 209i n-v 9 i ) i 6 e p e i a t-i-e n a l shall m et be i=edueed witheut the appreval of the ,rk e- leelcer-at& No more than 500 residential units may receive building permits until the new SR -118 interchange in SP 2001 -01 is open for public use unless approved by the Moorpark electorate." Mr. Montes made the following edits to the Specific Plan: • On page 150 of the Specific 17.70.030 A. should be changed to Municipal Code, as it may be Plan, Section read, "The City amended. shall 000243 Minutes of the City Council Moorpark, California Page 9 June 15, 2005 regulate development in the Specific Plan 2001 -01 area..." • On page 163 of the Specific Plan, under 6. Implementation, the second paragraph should read, "The City of Moorpark Municipal Code, as it may be amended, shall regulate development in Specific Plan 2001- 01...." Council requested the following changes to the Specific Plan: • On page 21 of the Specific Plan the first sentence of Section 1.3.2 should be changed to read: "The North Park planning area is currently contains limited oil field production and ranching operations." • On page 31 of the Specific Plan the date should be inserted in Section 1.5. SPECIFIC PLAN PREPARATION AND PROCESS at the end of the first bulleted paragraph so it reads, "The final Environmental Impact Report was certified by the City of Moorpark on June 1, 2005." • On page 39 of the Specific Plan, Plan Implementation, No. 2. should be changed to read, "Acquire, provide and maintain public park land for both privat=e passive and active use that is equally accessible to the community on a neighborhood, and community, and regional basis." In the fifth paragraph also titled Plan Implementation, the following addition should be made "The Specific Plan provides 2,160 acres of Nature Preserve, 129.8 acres of park and recreational facilities...." • On page 70 of the Specific Plan, E Street should be designated on Exhibit 10 - CONCEPTUAL CIRCULATION PLAN. • On page 87 of the Specific Plan, Section 3.1.1 Parks and Recreation, the third sentence in paragraph one should be modified to read, "Only property owners in North Park Specific plan area will be obligated to make payments pursuant to the funding mechanism selected, .icesiden = frets 00024,q Minutes of the City Council Moorpark, California Paqe 10 June 15, 2005 t -belie F; r d o f the —G i t-y— o f Mee rp a r k will be User fees shall not be levied for use of these facilities by the applicant or their successors. • On page 120 of the Specific Plan add trail connections to Exhibit 22 - COMMUNITY TRAILS PLAN. CONSENSUS: It was the consensus of Council to direct staff and the Parks and Recreation Commission to study connections for the trails. • On page 173 -175 of the Specific Plan Appendix A, delete from the Ground Covers, Shrubs, and Tree lists: Hedera, Myoporum parvifolium prostrata, Phyla nodiflora, Myoporum insulare, Nerium oleander, Rhus laurina, Robinia, Schinus Molle, and their corresponding Ornamental Names: Ivy, Myoporum, Lippia, Myoporum, Dwarf Type Oleander, African Sumac, Locust, and California Pepper. In response to Council, Mr. Bobardt described the following recommended new editorial changes to the General Plan Amendment: • On stamped page 148 of the agenda report, second sentence of Section 1.7, the following corrections are needed: "By resolution 2005 -2339 the City Council adopted findings, a Mitigation, - Monitoring and Report Program, and a Statement of Overriding Considerations for the EIR and Proj ect..." • On stamped page 149 of the agenda report, Section 6, No. 5, the acres should be 2123 2160. • On stamped page 149 of the agenda report, Section 6, No. 6., should be reworded as follows: "The �c-hrieshe -1d prehilgiting the issuaaee —ef t=he beilding peffait fez the 50,'t - esident-ial e� an�c-il the new SR 118 inte,-ehange as shewn in S-P 2001 -91 =- epe-i-a#=ien , shall Hetcc. - -- -led No more than 500 residential units may receive 000245 Minutes of the City Council Moorpark, California Paqe 11 June 15, 2005 building permits until the new SR -118 interchange as shown in SP 2001 -01 is open for public use unless approved by the Moorpark electorate." • On stamped page 154 of the agenda report, 5th paragraph bullet, should be reworded as follows: "The IchTreshe1d prehibi g— the i-ssuanee —efree bi: �c- Z6- l- --Cz3- -fir - - es?e -t l un r — the new GR- 7�8 rnter-ehang e is p_- ,t -i- r. L r, be Eca-ccecc«�lzrrv-crt the appr-eval e-i the Henfpafk eleet-erate. No more than 500 residential units may receive building permits until the new SR -118 interchange as shown in SP 2001 -01 is open for public use unless approved by the Moorpark electorate." Council requested the following changes to the General Plan Amendment. • On stamped page 157 of the agenda report, a note should be added to the bottom of the page indicating " *These numbers are reflective of the 1992 Land Use Element. For information on current population projections, please refer to the North Park Village and Nature Preserve Specific Plan EIR." • On stamped pages 168 and 170 of the agenda report, the Legend should include a graphic for the Proposed Project Site Boundary and be so documented on the map. • On stamped page 176 of the agenda report, the Specific Plan Boundary should be identified on the map. • On stamped page 196 of the agenda report an editorial correction should be made to re- number the Sections. In response to Council, Mr. Bobardt described the following recommended new editorial changes to Zone Change No. 2001 -02: • On stamped page 181 of the agenda report, Section 17.70.030 General Provisions, the following should be added in Section A.: "The City 000246 Minutes of the City Council Moorpark, California Page 12 June 15, 2005 Municipal Code, as it may be amended, shall regulate..." • On stamped page 184 of the agenda report, Section 17.70.050, second sentence should read, "Development of all commercial and residential uses in this zone shall be subject to a City Council approved Commercial Planned Development Permit or Residential Planned Development Permit and Conditional Use Permit, with conditions of approval..." This same change should be made in the Specific Plan document. • On stamped page 184 of the agenda report, Section 17.70.050, the last sentence should read: "Any conditions weelei shall be in addition to the applicable provisions of this Specific Plan, the Zoning Ordinance and Development Agreement No. 2005 -01. • On stamped page 189 of the agenda 17.70.085 Subsection A. at the t should read, "...a Conditional E ,, t i e n , , ei!r4�i e-s observatories, fire - suppression water storage facilities." report, Section :op of the page Use Permit: astronomical helispots, and In response to Mayor Hunter, Mr. Kilkenny stated he is hearing these changes for the first time and is still comfortable with moving forward with a September 20 Special Election. He stated he would like more time to compare these changes to the existing Development Agreement. AT THIS POINT in the meeting, Mayor Hunter called for the staff report on Item 8.C. 8. C. Consider Proposed Development Agreement Between North Park Village Limited Partnership and City of Moorpark Pertaining to General Plan Amendment No. 2001 -05, Specific Plan No. 2001 -01, and Zone Change No. 2001- 02. (continued from June 1, 2005, with public hearing closed) Staff Recommendation: Adopt Resolution No. 2005- (in Agenda Item 9.C.) placing an Ordinance on the ballot that includes Development Agreement No. 2005 -01 with General Plan Amendment No. 2001 -05, Specific Plan No. 2001 -01, and Zone Change No. 2001 -02 for consideration by Moorpark voters. 000247 Minutes of the City Council Moorpark, California Page 13 June 15, 2005 Mr. Kueny gave the staff report. In response to Mayor Hunter, Mr. Kilkenny stated North Park would be willing to make a contribution of $400,000 towards a wildlife undercrossing for State Route 118 as a part of the Development Agreement. Mr. Kueny stated this would become Section 6.43 of the Development Agreement. AT THIS POINT in the meeting, a recess was declared. The time was 10:53 p.m. The meeting reconvened at 11:09 p.m. with Items 9.C, 8.B, and 8.C. CONSENSUS: It was the consensus of the Council to return on September 7, 2005, with Resolutions calling for a Special Election for January 24, 2006. MOTION: Councilmember Harper moved and Councilmember Millhouse seconded a motion to continue Items 8.B. and 8.C. public hearings closed, and Item 9.C. to September 7, 2005. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, the Council returned to the remainder of the agenda. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Resolution Adopting an Operating and Capital Improvements Budget for the City of Moorpark for the Fiscal Year 2005/06. (continued from May 25, 2005) Staff Recommendation: Adopt Resolution No. 2005 -2343. ROLL CALL VOTE REQUIRED Mr. Ea gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. CONSENSUS: It was the consensus of Council for the Budget and Finance Committee to re- examine Council compensation in regard to possibly joining the Public Employees Retirement System. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2005 -2343, adopting the Operating and Capital Improvements Budget for the City of Moorpark for Fiscal Year 2005/06. The motion carried by unanimous roll call vote. 11.1 •: Minutes of the City Council Moorpark, California Paae 14 June 15, 2005 B. Consider Awarding a Contract for the Construction of the New Corporate Yard. (continued from June 1, 2005) Staff Recommendation: 1) Declare the bid received for McGillivray Construction to be non - responsive; 2) Approve the award of contract to Soltec- Pacific for the construction of the subject project and authorize the City Manager to execute all necessary contract documents; and 3) Direct the scope of work to include both Add Alternatives; and 4) Adopt Resolution No 2005- increasing the funding for the project. ROLL CALL VOTE REQUIRED Mr. Gilbert gave the staff report and discussed late correspondence from McGillivray Construction. He stated a representative from Soltec- Pacific is present to answer any questions. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Parvin moved and Councilmember Millhouse seconded a motion to: 1) Reject all bids; 2) Advertise for a second pre - qualification process; 3) Administer that process and develop a list of pre - qualified contractors; 4) Authorize the project architect to make certain changes identified during the previous bid process; 5) Provide printing of new plans and specifications and 6) Solicit bids from the new pre - qualified contractors. The motion carried by voice vote 3 -2, Councilmembers Harper and Mikos dissenting. D. Consider Approval of the 2005 Aareement for Services with the Moorpark Chamber of Commerce. Staff Recommendation: Approve the 2005 Agreement for Services between the City of Moorpark and the Moorpark Chamber of Commerce and authorize the City Manager to sign on behalf of the City. Mr. Riley gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to approve the 2005 Agreement for Services between the City of Moorpark and the Moorpark 000249 Minutes of the City Council Moorpark, California Page 15 June 15, 2005 Chamber of Commerce and authorize the City Manager to sign on behalf of the City. The motion carried by unanimous voice vote. E. Consider Appointment to the Active Adult Center Advisory Committee to Fill One Vacancy. Staff Recommendation: Appoint one City representative to fill the vacancy on the Active Adult Center Advisory Committee for a term ending December 31, 2006. Ms. Traffenstedt gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to appoint Howell Agnew to fill the vacancy on the Active Adult Center Advisory Committee for a term ending December 31, 2006. F. Consider Teen Council Appointments. Staff Recommendation: Make appointments to the Teen Council for a one -year term to end on June 30, 2006. Ms. Traffenstedt gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. CONSENSUS: It was the consensus of the Council to waive Council policy for putting forth each individual name to be approved for appointment and instead take the appointments collectively. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to appoint Genny Aamoth, Shalabh Agarwala, Kelsey Butzer, Alena Campagna, Brandon Feig, Kendall Fisher, Eric Foote, Celia Guzman, Roxanna Moradi, Grant Shimabukuro, and Emily Tung to serve on teen council for a one year term to end on June 30, 2006. The motion carried by unanimous voice vote. G. Consider Approval of Facility Lease with the State of California, California Highway Patrol (CHP) at Police Services Center, 610 Spring Road. Staff Recommendation: Approve the Lease Agreement with the CHP, subject to final language approval by the City 000250 Minutes of the City Council Moorpark, California Page 16 June 15, 2005 Manager and City Attorney, and authorize the Mayor to sign on behalf of the City. Mr. Riley gave the staff report and recommended the lease start August of 2005. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to approve the Lease Agreement with the CHP, subject to final language approval by the City Manager and City Attorney, and authorize the Mayor to sign on behalf of the City. The motion carried by unanimous voice vote. H. Consider Spring Road /Tierra Rejada Road Area of Contribution (SP /TR AOC) and Los Angeles Avenue Area of Contribution (L.A. Ave. AOC) Fee Revisions. Staff Recommendation: 1) Set July 20, 2005, as the date of a public hearing to consider an increase to the Spring Road /Tierra Rejada Road AOC fee and the Los Angeles Avenue AOC fee; and 2) Direct the City Clerk to give notice of said hearing in a manner consistent with the requirements of the appropriate Sections of the Government Code. Mr. Gilbert gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to: 1) Set July 20, 2005, as the date of a public hearing to consider an increase to the Spring Road /Tierra Rejada Road AOC fee and the Los Angeles Avenue AOC fee; and 2) Direct the City Clerk to give notice of said hearing in a manner consistent with the requirements of the appropriate Sections of the Government Code. The motion carried by unanimous voice vote. 10. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. 00025'x. Minutes of the City Council Moorpark, California Page 17 June 15, 2005 A. Consider Approval of Minutes of Regular Meeting of January 5, 2005. Consider Approval of Minutes of Regular Meeting of Ma 18, 2005. Consider Approval of Minutes of Special Meeting of May 25, 2005. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Reaister for Fiscal Year 2004 -2005 - June 15, 2005. Manual Warrants $ 0.00 Voided Warrant $ 0.00 Payroll Liability 119469 - 119473 $ 1,710.20 Warrants Regular Warrants 119466 - 119468 & $ 36,489.67 119474 - 119554 & $ 41,107.17 119555 - 119577 $1,313,185.91 Staff Recommendation: Approve the warrant register. C. Consider Notice of Completion for Construction of the Flinn Avenue Realignment Project (Project 8037). Staff Recommendation: Accept the work as complete. D. Consider Resolution Rescinding That Portion of Resolution No. 2003 -2115 Pertaining to a Westerly Extension of High Street for the General Plan Circulation Element. Staff Recommendation: Adopt Resolution No. 2005 -2344. E. Consider a One -Year Extension to the Agreement with CUSA, LLC d.b.a. Antelope Valley Bus to Provide Operations and Maintenance Services for Moorpark City Transit and Approve Modifications to Separate Operations and Preventative Maintenance Contracts. Staff Recommendation: Approve a one -year extension with CUSA, and approve separate Agreements for operations and preventative maintenance, subject to final language approval by the City Manager and the 000252 Minutes of the City Council Moorpark, California Page 18 June 15, 2005 City Attorney, and authorize the Mayor to sign the Agreements. F. Consider VISTA -East Cooperative Agreement for Commuter Bus Services. Staff Recommendation: Approve the Amendment and authorize the Mayor to sign the Amendment to the Cooperative Agreement. G. Consider Authorization of Recordation of Notice of Completion for the Virginia Colony Park Improvement Project. Staff Recommendation: Authorize the City Clerk to file the Notice of Completion for the project and authorize the release of the balance of payment, due upon satisfactory clearance, thirty -five (35) days after Notice of Completion records, release bonds in accordance with the contract, and completion of closeout contractual obligations on the part of contractor. H. Consider Resolution Authorizing the Submittal of a Grant Renewal Application to the Ventura County Area Agency on Aging for Older Americans Act Title III -C Nutrition Contract Funds. Staff Recommendation: Adopt Resolution No. 2005 -2345; and authorize the City Manager to sign all related agreements. I. Consider Resolution Amending the Fiscal Year 2004/05 Budget to Transfer Funds from General Fund to Equipment Replacement Fund. Staff Recommendation: Adopt Resolution No. 2005 -2346. ROLL CALL VOTE REQUIRED J. Consider Resolution Establishing the Appropriation Limitation for Fiscal Year 2005/06 for the City of Moorpark at $18,904,696. Staff Recommendation: Adopt Resolution No. 2005 -2347. K. Consider Resolution Adopting Loan Agreement Between the City of Moorpark and the Moorpark Redevelopment Agency. Staff Recommendation: Adopt Resolution No. 2005 -2348. ROLL CALL VOTE REQUIRED L. Consider Resolution Authorizing Caltrans Supplemental Agreement for Tree Planting Project. Staff Recommendation: Adopt Resolution No. 2005 -2349, authorizing the City Manager to execute the Agreement. 000253 Minutes of the City Council Moorpark, California Paqe 19 June 15, 2005 M. Consider Approval of Plans and Specifications and Authorization to Advertise for Bids for the Construction of Median Landscaping on Tierra Rejada Road East of Spring Road (Project 8042). Staff Recommendation: Approve the plans and specifications for the subject project and authorize staff to advertise for receipt of bids for construction of the project. N. Consider Approval of Amended Agreement for City Engineering Services with Charles Abbott Associates, Inc. Staff Recommendation: Approve Amended Agreement, subject to final language approval of City Manager and City Attorney, and authorize the Mayor to sign on behalf of the City. 11. ORDINANCES: A. Consider Ordinance No. 316, an Ordinance of the Cit of Moorpark, Amending and Replacing in Its Entirety Chapter 5.06 Cable Communications of Title 5 of the Moorpark Municipal Code. Staff Recommendation: Waive full reading and declare Ordinance No. 316 read for the second time and adopted as read. Mr. Montes read the title of Ordinance No. 316. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to waive further reading, declare Ordinance No. 316 read for the second time and adopted as read. The motion carried by unanimous voice vote. 12. CLOSED SESSION: Mr. Kueny requested the City Council go into closed session for Items 12.C. and 12.D. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to adjourn to closed session for a discussion of Items 12.C. and 12.D. on the agenda. The motion carried by unanimous voice vote. The Council recessed at 12:07 a.m. and reconvened into closed session at 12:21 a.m. June 16, 2005 for discussion of Items 12.C. and 12.D. C. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Section 54957.6 of the Government Code) Agency Designated Representative: Steven Kueny 000254 Minutes of the City Council Moorpark, California Page 20 June 15, 2005 Employee Organization: Service Employees International Union, AFL -CIO, CLC, Local 998 D. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Section 54957.6 of the Government Code) Agency Designated Representative: Steven Kueny Unrepresented employees: Accountant I; Active Adult Center Supervisor; Administrative Services Director /City Clerk; Administrative Services Manager; Assistant City Manager; City Engineer; Community Development Director; Finance /Accounting Manager; Finance Director; Information Systems Manager; Parks and Facilities Superintendent; Parks, Recreation and Community Services Director; Planning Manager; Principal Planner; Public Works Director; Public Works Superintendent; Recreation Manager; Redevelopment Manager; and Senior Management Analyst Present in closed session were Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter; Steven Kueny, City Manager; Hugh Riley, Assistant City Manager; and Deborah Traffenstedt, Administrative Services Director /City Clerk. The Council reconvened into open session at 12:30 a.m. June 16, 2005. Mr. Kueny stated Items 12.C. and 12.D. were discussed and there was no action to report. 13. ADJOURNMENT: Mayor Hunter adjourned the meeting at 12:30 a.m., June 16, 2005. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk 000255 MINUTES OF THE CITY COUNCIL Moorpark, California July 6, 2005 A Regular Meeting of the City Council of the City of Moorpark was held on July 6, 2005, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 7:22 p.m. 2. PLEDGE OF ALLEGIANCE: Steven Kueny, City Manager, led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Mary Lindley, Parks /Recreation and Community Services Director; Barry Hogan, Community Development Director; Brad Miller, City Engineer; Johnny Ea, Finance Director; Captain Richard Diaz, Sheriff's Department; Deborah Traffenstedt, Administrative Services Director /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Introduction of New City Employee, Jeri Armstrong - Letus, Recreation Leader II. Mayor Hunter introduced new City employee, Jeri Armstrong - Letus, Recreation Leader II. B. Introduction of New City Employee, Atanas Beltchev, Information Systems Technician. Mayor Hunter introduced new City employee, Atanas Beltchev, Information Systems Technician. C. Proclamation Declaring the Month of July as "Parks and Recreation Month ". 000256 Minutes of the City Council Moorpark, California Paqe 2 July 6, 2005 Mayor Hunter presented Mary Lindley, Parks /Recreation and Community Services Director with a certificate proclaiming July as "Parks and Recreation Month ". 5. PUBLIC COMMENT: Darby Shields, Finance Chairman of the High Street Theater Foundation, provided information on summer events planned at the Theater on High Street. Gerald Goldstein spoke about donations to the High Street Theater and volunteer theater workers; and keeping the Moorpark Library open. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Millhouse requested Item 10.D. be pulled from the Consent Calendar for individual consideration. Mayor Hunter requested Item 10.0. be pulled from the Consent calendar for individual consideration. Councilmember Mikos requested Item 10.L. be pulled from the Consent Calendar for individual consideration. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Hunter announced the Moorpark Beach Bus to Zuma Beach will run every Tuesday through August 30th. Mayor Hunter announced for youth under the age of twenty - one, a Summer Youth Pass for twenty dollars buys unlimited travel on Moorpark City Transit and the Beach Bus through September 15, 2005. 8. PUBLIC HEARINGS: A. Consider Procedures for the Formation, Election, and Operation of a Project Area Committee (PAC) for Proposed Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project. Staff Recommendation: 1) Open the public hearing, take public testimony, and continue open public hearing to July 20, 2005. Mr. Riley gave the staff report. 000257 Minutes of the City Council Moorpark, California Page 3 July 6, 2005 Mayor Hunter opened the public hearing. Cindy Hollister representing the Protect Historic High Street Committee, concurred with Councilmembers Harper and Mikos, that the PAC should have more members than five to provide more citizen representation. In response to Ms. Hollister, Mr. Riley stated voting participation citywide is prohibited by statute, and can only be from within the project area. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to continue the open public hearing to July 20, 2005. The motion carried by unanimous voice vote. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Mission Statement, Priorities, Goals and Objectives for Fiscal Year 2005/2006. (continued from May 25, 2005) Staff Recommendation: Approve Mission Statement, Priorities, Goals and Objectives for Fiscal Year 2005/2006. Mr. Kueny gave the staff report and made the following additions and changes to the agenda report: • On stamped page 28, add Item f) to Number 1. recognizing the award of a partial grant to fund a lighted crosswalk at Moorpark Avenue and Second Street. • On stamped page 31, correct the date in Item F.3. to December 31, 20045. • On stamped page 41, add Number 51. to Departmental Goals and Objectives B.3. on stamped page 26. Council requested the following corrections or changes to the agenda report: • On stamped page 28, reconsider Item b) of Number 1. and Item 3. to protect restricted left turns, especially on Los Angeles Avenue for safety reasons. 000258 Minutes of the City Council Moorpark, California Page 4 July 6, 2005 • On stamped page 28, add signal coordination of the three traffic signals for Princeton Avenue at State Route -118 ramps and Condor Drive. • On stamped page 29, correct Number 18. to read: "Installatien —ef a traffic signal interconnect system and protected..." • On stamped page 31, change Number 12. to read: "Evaluate the Community Development Fund to stabilize revenues and expenditures for planning, code ^^f ^r^ ^m^ }compliance..." • On stamped page 35, have Number 15. read: "Conduct an election on North Park Specific Plan and related environmental document, GPA, Zone Change, development agreement. If the voters approve these actions process sphere of influence amendment and annexation requests for LAFCO and City Council consideration." • On stamped page 35, Number 17 should have a ** as it relates to new Top 10. • On stamped page 37, Number 32 should have a ** as it related to new Top 10. • On stamped page 41, add this Item 41. back since the relocation of contract Building and Safety services has not taken place. • On stamped page 41, Number 47. should read: "Evaluate options for park ranger program for City parks and open space. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. CONSENSUS: It was the consensus to approve the Mission Statement, Priorities, Goals and Objectives for Fiscal Year 2005/06 with changes as directed. B. Consider Interim Urgency Ordinance to Establish Temporary Moratorium on the Establishment and Operation of Medical Marijuana Dispensaries. Staff Recommendation: Adopt Interim Ordinance No. 317; and 2) Schedule and notice a public hearing for July 20, 2005, to extend the Interim Ordinance. (ROLL CALL VOTE REQUIRED: 4 /5ths affirmative vote) Mr. Hogan gave the staff report. 000259 Minutes of the City Council Moorpark, California Paqe 5 July 6, 2005 In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mr. Montes read the title of Interim Urgency Ordinance No. 317. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to waive further reading and to adopt Interim Urgency Ordinance No. 317. The motion carried by unanimous roll call vote. MOTION: Councilmember Parvin moved and Councilmember Mikos seconded a motion to schedule and notice a public hearing for July 20, 2005, to extend the Interim Ordinance. The motion carried by unanimous roll call vote. C. Consider Approval of Agreement for Professional Consulting Services with Telecommunications Management Corporation to Review Requests for the Transfer of Cable Television System Franchise Responsibilities to Time Warner and to Conduct Franchise Compliance and Fee Audits and Adopt Resolution Amending the City's Operating Budget for Fiscal Year 2005/06. Staff Recommendation: 1) Approve Agreement for Professional Consulting Services with Telecommunications Management Corporation and authorize the City Manager to sign on behalf of the City, subject to final language approval by the City Manager and City Attorney; and 2) Adopt Resolution No. 2005 -2350, amending the FY 2005/06 Operating Budget. ROLL CALL VOTE REQUIRED Mr. Riley gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to: 1) Approve Agreement for Professional Consulting Services with Telecommunications Management Corporation and authorize the City Manager to sign on behalf of the City, subject to final language approval by the City Manager and City Attorney; and 2) Adopt Resolution No. 2005 -2350, amending the FY 2005/06 Operating Budget. The motion carried by unanimous roll call vote. 000260 Minutes of the City Council Moorpark, California Page 6 July 6, 2005 10. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to approve the Consent Calendar with the exception of Items 10.D, 10.L and 10.0, which were pulled for individual consideration. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Special Joint City Council /Planning Commission Meeting of April 27, 2005. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2004 -2005 - July 6, 2005. Manual Warrants 119578 - 119584 & $ 98,594.77 119590 $ 557.75 Voided Warrant 119617 & 119629 $ (0.00) Payroll Liability 119585 - 119589 & $ 1,710.20 Warrants 119591 - 119595 $ 1,710.20 Regular Warrants 119596 - 119741 $ 743,907.19 Staff Recommendation: Approve the warrant register. C. Consider Resolution Designating Flinn Avenue to be a Through Street in the Vicinity of Minor Street, and Directing the Placement of a Stop Sign at the Minor Street Entrance Thereto. Staff Recommendation: Adopt Resolution No. 2005 -2351. E. Consider Promotion of Community Services Technician to Administrative Specialist. Staff Recommendation: Upgrade the Community Services Technician to Administrative Specialist effective July 8, 2005. F. Consider Caltrans Lease Renewal for College View Park. Staff Recommendation: Authorize the Mayor to sign the Lease Agreement with Caltrans for College View Park subject to final language approval by the City Manager and City Attorney. 000261 Minutes of the City Council Moorpark, California Page 7 July 6, 2005 G. Consider Moorpark Boys and Girls Club's Use of City's Allotted Time at Moorpark Country Club Golf Course. Staff Recommendation: Approve the Moorpark Boys and Girls Club's request to use the City's allocated one - day use of the Moorpark Country Golf Course; and use funds provided consistent with the agenda report. H. Consider Report of Annual Development Agreement Review, Established in Connection with West Pointe Homes, Located on the West Side of Walnut Canyon Road, Approximately 3,500 Feet North of Casey Road, on the Application of William Lyon Homes, Inc. Staff Recommendation: 1) Accept the Community Development Director's Report and recommendation, and find, on the basis of substantial evidence, that William Lyon Homes, Inc., has complied in good faith with the terms and conditions of the agreement; and 2) Deem the annual review process complete. I. Consider Resolution Rescinding Resolutions Nos. 93- 976, 98 -1485, and 2005 -2334 Pertaining to Parkin Restriction on Miller Parkway and a Portion of Peach Hill Road and Establishing Revised Parkin Restrictions on Said Streets. Staff Recommendation: Adopt Resolution No. 2005 -2352. J. Consider Surety Bond Reductions for Zelman Moorpark Marketplace, LLC (Tract 5321). Staff Recommendation: 1) Authorize the City Clerk to reduce Surety Bonds #103849585 - Erosion Control and #103849586 - Drainage Improvements to 100; and 2) Authorize the City Clerk to fully exonerate the referenced sureties one year after this approval of the reduction of surety bonds and upon written confirmation from the City Engineer that no warranty work is required. K. Consider Surety Bond Reductions for USA Properties Fund, Inc. (Vintage Crest Senior Apartments, L.P.). Staff Recommendation: 1) Authorize the City Clerk to reduce Surety Bonds #3SM04976000, #66111212, #3SM04650900, and #66111213 to 10%; and 2) Authorize the City Clerk to fully exonerate the referenced sureties one year after this approval of the reduction of surety bonds and upon written confirmation from the City Engineer that no warranty work is required. 000262 Minutes of the City Council Moorpark, California Page 8 July 6, 2005 M. Consider Request from Roam'n Relics Car Club to Hold Car Show on October 23, 2005, from 8 a.m. to 3 p.m. on High Street and to Pay Reduced City Fees for the Event. Staff Recommendation: 1) Waive fee for use of Redevelopment Agency property, charge Club the contract billing rate for police services charged by the County of Ventura, and charge Club the direct cost of other staff to plan the event; 2) Require Club to pay an encroachment permit fee ($100) and a temporary use permit fee ($300); and 3) Require Club to provide the City and Agency with an indemnification agreement and name the City and Agency as additional insureds in the Club's insurance policy. N. Consider Resolution Amending Personnel Rules and Regulations for the Positions in the Competitive Service and Rescinding Resolution No. 2004 -2219. Staff Recommendation: Adopt Resolution No. 2005 -2353, subject to final language changes approved by the City Manager and City Attorney. P. Consider Resolution Amending the Salary Plan for Competitive Service, Non - Competitive Service, and Hourly Employees and Rescinding Resolution No. 2005- 2327. Staff Recommendation: Adopt Resolution No. 2005 -2354. Q. Consider One -Year Memorandum of Agreement (MOA) with Service Employees International Union AFL -CIO, CLC Local 998. Staff Recommendation: Authorize approval of a new one -year MOA for the time period from July 1, 2005, through June 30, 2006, and authorize the City Manager to sign the new MOA following final language approval by the City Manager and City Attorney. R. Consider Approval of Resolution Adopting a Revised Benefit Program for Management Employees and Rescinding Resolution No. 2004 -2220. Staff Recommendation: Adopt Resolution No. 2005 -2355. The following items were pulled for individual consideration. D. Consider Resolution Amending the Fiscal Year 2005/06 Budget to Fund the Casey Road Traffic Signal Modification Project (Project 8027). Staff Recommendation: Adopt Resolution No. 2005 -2356. ROLL CALL VOTE REQUIRED 000263 Minutes of the City Council Moorpark, California Page 9 July 6, 2005 Councilmember Millhouse stated he pulled this item to make sure this is a priority item to be completed prior to the start of the next school term. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2005 -2356, and directed staff, if at all possible, to complete the Casey Road traffic signal modification before the start of the next school term. The motion carried by unanimous roll call vote. L. Consider Establishment of a Crossing Guard Warrant. Staff Recommendation: Approve and adopt the Crossing Guard Warrant described in the agenda report. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to approve and adopt the Crossing Guard Warrant described in the agenda report. The motion carried by unanimous voice vote 0. Consider Revised Special Election Date for the North Park Village and Nature Preserve Project. Staff Recommendation: Concur with revising special election date from January 24 to January 31, 2006, and direct staff to schedule election resolutions for the September 7, 2005, regular meeting agenda. Mayor Hunter stated he pulled this item to first, bring it to the attention of public; and second to acknowledge the difficulties associated with a January election due to the holidays. In response to Mayor there is one Written supporting a February CONSENSUS: It was the co the special election date 2006. Hunter, Ms. Traffenstedt stated Statement card from Janet Murphy 7, 2006, election date. nsensus of the Council to revise from January 24 to February 7, MOTION: Mayor Hunter moved and Councilmember Mikos seconded a motion to reschedule election resolutions necessary to call a February 7, 2006, Special Election from September 7 to September 21, 2005. The motion carried by voice vote 3 -2, Councilmembers Millhouse and Parvin dissenting. 000264 Minutes of the City Council Moorpark, California Paae 10 Julv 6, 2005 11. ORDINANCES: None. 12. CLOSED SESSION: Mr. Kueny requested the City Council go into closed session for Item 12.E. MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to adjourn to closed session for a discussion of Item 12.E. on the agenda. The motion carried by unanimous voice vote. The time was 9:00 p.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; Chief of Police; Community Development Director; Finance Director; Parks, Recreation and Community Services Director; and Public Works Director Present in closed session were Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter; Steven Kueny, City Manager; Hugh Riley, Assistant City Manager; Barry Hogan, Community Development Director; and Deborah Traffenstedt, Administrative Services Director /City Clerk. Mr. Hogan left the closed session at 9:42 p.m. The Council reconvened into open session at 9:50 p.m. Mr. Kueny stated Item 12.E. was discussed and there was no action to report. 13. ADJOURNMENT: Mayor Hunter adjourned the meeting at 9:50 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk 0002E5