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HomeMy WebLinkAboutAGENDA REPORT 2005 0907 CC REG ITEM 10ACITY OF MOORPARK, CALIFORNIA ' O• �• City Council Meeting ITEM of 9%'%' 0 � ACTION: MINUTES OF THE CITY COUNCIL G 44 f 9 c is January 19, 2005 A Regular Meeting of the City Council of the City of Moorpark was held on January 19, 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: Joseph Montes, City Attorney, 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, Community Services Director; Barry Hogan, Community Development Director; Brad Miller, City Engineer; Captain Richard Diaz, Sheriff's Department; David Bobardt, Planning Manager; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Introduction of California Highway Patrol Commander Lieutenant Steve Munday and Discussion of State Route 118 Truck Inspection Station. Captain Cliff Williams, Commander of the California Highway Patrol office in Moorpark, introduced Lieutenant Steve Munday, Commander of the Conejo Inspection Facility. Lt. Munday discussed safety enforcement of the commercial truck traffic traversing State Route 118 through the city of Moorpark. Minutes of the City Council Moorpark, California Page 2 January 19, 2005 B. City Manager's Monthly Report. Ms. Traffenstedt, Assistant to City Manager /City Clerk gave the monthly report. 5. PUBLIC COMMENT: Gerald Goldstein spoke about court enforced cleanup of his property. Ralph Mauriello, representing the High Street Theater Foundation, announced the Moorpark Melodrama has returned and is producing seven performances for the public to enjoy. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:32 p.m. The City Council meeting reconvened at 7:55 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos discussed the recent storm damage and thanked all who assisted the residents, especially those in the Campus Park area; and encouraged residents to seek assistance from various sources. Councilmember Mikos, as a Board Member on the Commission on Human Concerns, announced Dr. Joe Billingiere has been appointed as the new Executive Director. Councilmember Millhouse announced storm damage to the rail tracks west of Moorpark near the Somis area has temporarily halted Metrolink and Union Pacific rail travel through that area. He also announced the State budget has diverted funding for new transportation projects in Ventura County. Councilmember Parvin requested a future agenda item for storm aftermath discussion of the Campus Park and Arroyo Mobile Home Park areas. 0001917 Minutes of the City Council Moorpark, California Page 3 January 19, 2005 Councilmember Millhouse requested the County Supervisor be invited to attend the storm aftermath discussion to respond to questions by Council. 8. PUBLIC HEARINGS: A. 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 November 17, 2004 with public hearing open) Staff Recommendation: 1) Continue to take testimony in the open public hearing; and 2) Continue the agenda item with the hearing open to a date certain. Mr. Bobardt gave the staff report and responded to questions from the November 17, 2004, meeting. Mayor Hunter announced the public hearing remains open. Kim Kilkenny, representing North Park Village, 680 Walnut Street, Moorpark, California, discussed outstanding issues; and requested the General Plan Amendment, Specific Plan, Zoning Ordinance and Development Agreement all be placed before the voters. Robert Hamburg spoke expressing concerns California live oaks, area temperatures due habitat (greenhouse e the lack of resolution in opposition to the project, regarding protection for Valley Fever, the increase in to the elimination of natural ffect), traffic congestion, and to outstanding issues. Tim Rosevear spoke in opposition to the project, citing traffic and taxation issues. Steve Nardi spoke in opposition to the project, citing alterations to the natural environment by filling canyons and grading hillsides, which may cause problems with rainstorm runoff, impacts to Campus Park Drive residents from construction traffic, and the need to retain this open space. Minutes of the City Council Moorpark, California Page 4 January 19, 2005 Cindy Hollister spoke in opposition to the project, citing traffic issues not only generated by North Park, but by future development on the west side of the City near Gabbert Road and on Hitch Ranch. Tim Saivar spoke in opposition to the project, citing unmitigated environmental issues including traffic impacts and grading on hillsides. Suzanne Wilson spoke in opposition to the project due to unresolved issues. Lisa Leal spoke in support of the project, citing the many accommodations made by the developer and encouraged moving forward with the development. In response to Mayor Hunter, Ms. Traffenstedt stated there were 13 Written Statement Cards, four in opposition to the project and nine in favor. She stated copies would be provided to Council. Mr. Kilkenny responded to issues raised in public comments; distributed a document containing excerpts from Caltrans' study for a wildlife corridor assessment at Collins; and stated negotiations continue for resolving outstanding issues. He requested a continuance to March 16, 2005. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to continue the open public hearing to March 16, 2005, with the understanding that there will be a good faith effort on the part of the applicant to resolve outstanding issues, and if significant progress has not been made, the applicant will request a continuance. The motion carried voice vote 4 -1, Councilmember Mikos dissenting. AT THIS POINT in the meeting a recess was declared. The time was 10:40 p.m. The meeting reconvened at 11:03 p.m. B. 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 February 16, 2005. (continued from December 15, 2004 with public hearing open) Staff Recommendation: 1) Continue to accept testimony, if any; and 2) Adopt 000199 Minutes of the City Council Moorpark, California Page 5 January 19, 2005 Resolutions 2005 -2280 and 2005 -2281 continuing the open public hearings to February 16, 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- 2280 and 2005 -2281 continuing the open public hearings to February 16, 2005. The motion carried by unanimous voice vote. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Award Contract Totaling $59,620 for Design Site Improvements and Building Concepts for the Human Services Center to HMC Architects. Staff Recommendation: Award a contract to HMC in the amount of $59,620 for the design of the Human Services Center Site and Building Concept Design, authorize the City Manager to execute said contract subject to final language approval by the City Manager and the City Attorney. ROLL CALL VOTE REQUIRED Mr. Riley gave the staff report. Ronald O'Neill, member of the non - profit committee Community Care Services of Moorpark, thanked the Council for their belief in the "under- one - roof" concept of the new Human Services Center in providing services to the needy. Gerald Goldstein spoke about competitive bid concerns. In response to Mr. Goldstein, Councilmember Harper stated the project was a competitive bid. MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded a motion to award a contract to HMC in the amount of $59,620 for the design of the Human Services Center Site and Building Concept Design, and authorize the City Manager to execute said contract, subject to final 000200 Minutes of the City Council Moorpark, California Page 6 January 19, 2005 language approval by the City Manager and the City Attorney. The motion carried by unanimous roll call vote. B. Consider Adoption of a Resolution Supporting Efforts to Establish a New Stormwater Quality Property-Related Fee and Approval of a New Countywide Implementation Agreement Related Thereto. Staff Recommendation: Adopt Resolution No. 2005 -2282 supporting the Ventura County Watershed Protection District's ballot measure for a Property- Related Fee to increase funding for the Ventura Countywide Stormwater Quality Management Program and approving a new Countywide NPDES Implementation Agreement, subject to final language approval by the City Manager and City Attorney. ROLL CALL VOTE REQUIRED Mr. Gilbert gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to adopt Resolution No. 2005 -2282 supporting the Ventura County Watershed Protection District's ballot measure for a Property- Related Fee to increase funding for the Ventura Countywide Stormwater Quality Management Program and approving a new Countywide NPDES Implementation Agreement, subject to final language approval by the City Manager and City Attorney. The motion carried by unanimous roll call vote. C. Consider City Council Public Safety Standing Committee. Staff Recommendation: Direct Staff as deemed appropriate. Mayor Hunter spoke about the need for the Public Safety committee and the recommendation for the Mayor to be a permanent member of the committee with the Mayor Pro Tempore rotating membership on a yearly basis with other Councilmembers. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to create the Public Safety Standing Committee with Council representation to be the Mayor and 000201 Minutes of the City Council Moorpark, California Page 7 January 19, 2005 Mayor Pro Tempore of the city of Moorpark. The motion carried by unanimous voice vote. D. Consider City Selection Committee Appointments. Staff Recommendation: Direct staff as deemed appropriate. Mayor Hunter stated the City Selection Committee has asked the city members to consider two additional appointments for representation on the Air Pollution Control District Board of Directors and on the Ventura County Coalition. He asked if any Councilmember is interested in serving. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. CONSENSUS: It was the consensus of the Council to take no action on this item. 10. CONSENT CALENDAR: MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Special Meeting of the City Council of January 5, 2005. Consider Approval of Minutes of Special Meeting of the City Council of January 12, 2005. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2004 -2005 - January 19, 2005. Manual Warrants 118156 - 118161 $ 268,686.11 Voided Warrant Payroll Liability Warrants 118277 118152 - 118155 $ (0.00) $ 809.03 Regular Warrants 118162 - 118270 & $ 56,831.16 118271 - 118288 $223,283.34 Staff Recommendation: Approve the warrant register. 000202 Minutes of the City Council Moorpark, California Page 8 January 19, 2005 C. Consider Request for the Formation of Assessment District AD05 -01 (M &M Development - Tentative Parcel Map No. 5264) and Adoption of a Resolution Initiating the Proceedings for Same. Staff Recommendation: 1) Accept and approve the Petition and Waiver from M &M Development requesting the formation of Assessment District AD05 -01; and 2) Adopt Resolution No. 2005- 2283, initiating the proceedings required for the formation of said District. D. Consider Continuation of Local Emergency. Staff Recommendation: Continue the proclamation of a local emergency. E. Consider Rejection of Claims: Timothy Penprase and Zachary Penprase; Lauren Petersen, A Minor; Nicholas Petersen, A Minor; and Eric Petersen, A Minor; Lorene Foster; Rosalyn Remulla; Fortunata Sare; and Ampara Sare; Christian Vertullo, A Minor and Anthony Vertullo, A Minor; Ramona Valladares; Levin Valladares; Maria Alexandria Valladares; Beverly Alexa Valladares, A Minor; Raymond Hebel, A Minor; Joseph Hebel, A Minor; Jonathon Hebel, A Minor; Ethan Hebel, A Minor; and Audrey Knitowski; Mackenzie Davis, A Minor. Staff Recommendation: Reject the claims and direct staff to send a standard rejection letter to the claimants. F. Consider Resolution Granting Another Designated Period for Two Years Additional Service Credit Retirement Incentive Pursuant to Government Code Section 20903 and Consistent with the City's Contract with California Public Employees' Retirement Svstem (CalPERS) . Staff Recommendation: Adopt Resolution No. 2005 -2284, including a 90 -day window period beginning January 21, 2005, for one eligible Principal Planner position in the City's Community Development Department. G. Consider Approval of Regular Meeting Schedule for City Council Standing Committees for Calendar Year 2005. Staff Recommendation: Approve Regular Meeting Schedule for 2005. H. Consider Resolution Amending the Budget to Increase the Budget for Engineering Studies and to Fund a New Radar Speed Feedback Sign for Los Angeles Avenue East of Collins Drive. Staff Recommendation: Adopt 000203 Minutes of the City Council Moorpark, California Page 9 January 19, 2005 Resolution No. 20052285 amending the Budget to fund the additional expenditures outlined in this report. ROLL CALL VOTE REQUIRED I. Consider Approval of Program Supplement Agreement No. M009 (Los Angeles Avenue Widening at Beltramo Ranch Road and Maureen Lane) to Administrative Agency -State Agreement for Federal Aid Projects No. 07 -5436. Staff Recommendation: Adopt Resolution No. 2005 -2286. 11. ORDINANCES: None. 12. CLOSED SESSION: None was held. 13. ADJOURNMENT: Mayor Hunter adjourned the meeting at 11:22 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk 000204 MINUTES OF THE CITY COUNCIL Moorpark, California Julv 20, 2005 A Regular Meeting of the City Council of the City of Moorpark was held on July 20, 2005, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Pro Tempore Harper called the meeting to order at 7:10 p.m. 2. PLEDGE OF ALLEGIANCE: Kenneth Gilbert, Public Works Director, led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Mikos, Millhouse, Parvin, and Mayor Pro Tempore Harper. Absent: Mayor Hunter. Staff Present: Steven Kueny, City Manager; Scott Porter, Assistant 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; 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 Ezequiel Aguilar, Ryan Nicole Bartlett, Rigoberto Jaime, Michael Lillis, and Travis White for the Heroic Rescue of Ashley Smith. Mayor Pro Tempore Harper presented Ezequiel Aquilar, Ryan Nicole Bartlett, Rigoberto Jaime, Michael Lillis, and Travis White with Certificates of Recognition for their heroic rescue of Ashley Smith. 000205 Minutes of the City Council Moorpark, California Page 2 July 20, 2005 B. Ventura County Fair Poster Presentation. Craig Underwood, Vice President of the Board of Directors for the Ventura County Fair, presented the 2005 Ventura County Fair poster to Council and the City. C. Introduction of New City Employee, Edward Courton, Associate Planner. Mayor Pro Tempore Harper introduced new City employee, Edward Courton, Associate Planner. D. Introduction of new City employee, Deanna Farnell, Finance /Accounting Manager. Mayor Pro Tempore Harper introduced new City employee, Deanna Farnell, Finance /Accounting Manager. E. Recognition of Kenneth Gilbert, Public Works Director, Upon the Occasion of His Retirement and for 15 Years of Service to the City of Moorpark. Mayor Pro Tempore Harper presented Kenneth Gilbert, Public Works Director, with a Certificate of Recognition upon the occasion of his retirement and for 15 years of service to the City of Moorpark. F. City Manager's Monthly Report. Mr. Kueny deferred the report due to the lengthy agenda. 5. PUBLIC COMMENT: John Newton, 165 High Street, Suite 103, Moorpark California, representing the development by Dr. John C. Chu Family Trust, spoke in regard to a Notice of Eviction delivered prematurely to eight family residences on the corner of Everett Street and Walnut Canyon Road. He discussed a program, which will be included in the proposed development plan, to assist these families in relocating or to qualify for affordable housing units included in the proposed development. Juan Magdeleno, P.O. Box 23291, Ventura, California, representing the League of United Latin American Citizens 000206 Minutes of the City Council Moorpark, California Page 3 July 20, 2005 (LULAC) spoke on behalf of the residents affected by the eviction notices and described the difficulties these families have in finding low - income housing in Moorpark. He asked the City to assist in finding affordable housing. Mr. Magdeleno verbally presented a list of questions regarding the City's compliance with Redevelopment Agency guidelines and affordable housing quotas and requested answers. Gabriella Magdeleno, daughter of one of the families affected by the eviction notice, described the impacts to her family. Leonel Reyes, a resident affected by the eviction notice, spoke about the confusion and frustration created by the notice; the lack of homes for low - income families in Moorpark; and asked the City to help in relocation and creating more low- income housing Veronica Reyes, a resident affected by the eviction notice, spoke about the difficulty finding some other affordable place to live in Moorpark and asked the City to assist in relocating the families. Urania Perez spoke on behalf of her parents who were affected by the eviction notice. She thanked Mr. Newton for his efforts in explaining the error, and asked the City to assist in finding affordable housing in Moorpark. Ralph Mauriello, President of High Street Theater Foundation, congratulated the City on its decision to buy the Theater on High Street and offered the services of the foundation as interim managers. Sylvia Lopez a resident of the Moondance project thanked the Mayor, Nancy Burns, and Cabrillo Economic Development for helping her family obtain affordable housing. Lena Morse, a resident of the Moondance project, thanked everyone for the opportunity to be a homeowner. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 8:12 p.m. The City Council meeting reconvened at 8:31 p.m. 000207 Minutes of the City Council Moorpark, California Page 4 July 20, 2005 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Millhouse thanked Douglas Failing of Caltrans District 7 for the repaving of the on /off ramps at Tierra Rejada Road and areas along Los Angeles Avenue citing them as examples of State funds being returned for local use. Councilmember Millhouse stated the widening of State Route 23 is the top priority on the Ventura County Transportation Commission's list. Councilmember Millhouse announced Metrolink will be running trains to the Ventura County Fair on August 6th and 7th. Councilmember Mikos congratulated Moorpark Little League Allstar baseball teams. Councilmember Parvin congratulated Councilmember Millhouse for his appointment by the Southern California Association of Governments (SLAG) to the Goods Movement Task Force, which deals with the movement of freight in Southern California in an attempt to promote rail transport rather than truck transport. 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 September 7, 2005. (continued from June 15, 2005, with public hearing open) Staff Recommendation: 1) Continue open public hearings; and 2) Adopt Resolutions Nos. 2005 -2357 and 2005 -2358 continuing the open public hearings to September 7, 2005. Mr. Riley gave the staff report. In response to Mayor Pro Tempore Harper, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to adopt Resolutions Nos. 2005 -2357 and 2005 -2358, continuing the open public hearings to September 7, 2005. The motion carried by voice vote 4 -0, Mayor Hunter absent. 111'1: Minutes of the City Council Moorpark, California Page 5 July 20, 2005 B. Consider Resolution Adopting 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. (continued from July 6, 2005, with public hearing open) Staff Recommendation: 1) Continue to take public testimony and close the public hearing; and 2) Adopt Resolution No. 2005 -2359. Mr. Riley gave the staff report and answered questions from the July 6th meeting. Mayor Pro Tempore Harper stated the public hearing remains open. Councilmember Mikos clarified the map in the book is inaccurate and will be corrected to reflect the precise project area. Eloise Brown, former Moorpark Mayor and Councilmember and current resident of Tucson, Arizona, expressed concerns that low - income residents displaced by eminent domain should be repaid in an amount that will cover the cost of a similar home in Moorpark. In response to Ms. Brown's concern regarding cross - voting between categories, Mr. Porter stated voters can only vote from one category Mayor Pro Tempore Harper closed the public hearing. In response to Councilmember Mikos, Mr. Riley stated publications will be posted at the multifamily rental property common areas and at the library. In response to Councilmember Mikos, Mr. Riley stated staff will explore with Urban Futures the addition of a Spanish translator and will publish bilingual Spanish /English information. In response to Councilmember Parvin, Mr. Riley stated the information would be posted to the City's webpage in Spanish and English. CONSENSUS: It was the consensus of the Council to have a nine ( 9 ) member PAC. 000209 Minutes of the City Council Moorpark, California Page 6 July 20, 2005 MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2005 -2359 implementing the procedures of the formation, election, and operation of a Project Area Committee (PAC) Proposed Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project, as amended for: 1) Nine (9) members; 2) Bilingual Spanish /English publications, postings, and website notice; and 3) Spanish translation services to be provided. The motion carried by voice vote 4 -0, Mayor Hunter absent. C. Consider an Interim Urgency Ordinance Extending a Temporary Moratorium on the Establishment and Operation of Medical Marijuana Dispensaries. Staff Recommendation: 1) Open the public hearing, take public testimony, and close the public hearing; and 2) Adopt Ordinance No. 318. (ROLL CALL VOTE REQUIRED: 4 /5ths affirmative vote) Mr. Hogan gave the staff report. Mayor Pro Tempore Harper opened the public hearing. In response to Mayor Pro Tempore Harper, Ms. Traffenstedt stated there were no speakers. Mayor Pro Tempore Harper closed the public hearing. Mr. Porter read the title of Interim Urgency Ordinance No. 318. MOTION: Councilmember Parvin moved and Councilmember Mikos seconded a motion to waive further reading and declare Interim Urgency Ordinance No. 318 adopted as read. The motion carried by roll call vote 4 -0, Mayor Hunter absent. D. Consider Resolution Approving an Increase to the Los Angeles Avenue Area of Contribution (L A Ave. AOC) Fee. Staff Recommendation: 1) Open the public hearing, receive public testimony, and close the public hearing; and 2) Adopt Resolution 2005 -2360 increasing the fees for the L A Ave. AOC. (ROLL CALL VOTE REQUIRED) Mr. Gilbert gave the staff report and corrected stamped page 110 of the agenda report to read $3,760. 000210 Minutes of the City Council Moorpark, California Page 7 July 20, 2005 Mayor Pro Tempore Harper opened the public hearing. In response to Mayor Pro Tempore Harper, Ms. Traffenstedt stated there were no speakers. Mayor Pro Tempore Harper closed the public hearing. MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to adopt Resolution 2005 -2360 increasing the fees for the L A Ave. AOC. The motion carried by roll call vote 4 -0, Mayor Hunter absent. E. Consider Resolution Rescinding Resolution No. 2001- 1848, Pertaining to the Spring Road /Tierra Rejada Road Area of Contribution (SP /TR AOC) and the Gabbert Road /Casey Road Area of Contribution (GB /CSY AOC), and Approving an Increase to the SP /TR AOC fees; and a Second Resolution Re- Adopting the Gabbert Road /Casey Road AOC Fees Unchanged. Staff Recommendation: 1) Open the public hearing, receive public testimony, and close the public hearing; 2) Adopt Resolution No. 2005 -2361 increasing the fees for the Spring Road /Tierra Rejada Road AOC; and 3) Adopt Resolution No. 2005 -2362 reenacting the Gabbert Road /Casey Road AOC Fees unchanged. (ROLL CALL VOTE REQUIRED) Mr. Gilbert gave the staff report. Mayor Pro Tempore Harper opened the public hearing. In response to Mayor Pro Tempore Harper, Ms. Traffenstedt stated there were no speakers. Mayor Pro Tempore Harper closed the public hearing. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2005 -2361 increasing the fees for the Spring Road /Tierra Rejada Road AOC. and to adopt Resolution No. 2005 -2362 reenacting the Gabbert Road /Casey Road AOC Fees unchanged. The motion carried by roll call vote 4 -0, Mayor Hunter absent. F. Consider Resolution for Commercial Planned Development Permit No. 2004 -02 to Allow Construction of an 18,353 Square Foot Retail Commercial Shopping Center on Approximately 1.62 Acres on the Southeast Corner of 000211 Minutes of the City Council Moorpark, California Page 8 July 20, 2005 Los Angeles Avenue and Park Lane and the Northeast Corner of Park Lane on the Application of Kylexa Enterprises, LLC. Staff Recommendation: 1) Open the public hearing, receive public testimony, and close the public hearing; and 2) Adopt Resolution No. 2005- 2363 approving Commercial Planned Development Permit No. 2004 -02. Mr. Hogan gave the staff report and described two additional conditions of approval for Council consideration. The first would read, "Prior to the issuance of a Certificate of Occupancy for the first commercial space, the applicant shall enter into the standard Caltrans tri -party agreement for maintenance of the parkway landscaping along Los Angeles Avenue." The second would read, "Prior to the issuance of a Building Permit, the applicant shall attempt to acquire a reciprocal vehicular access and parking agreement with the Union Bank of California or subsequent property owners to provide a vehicular connection at the northwest portion of the Kylexa site for southbound Union Bank traffic." Mr. Hogan stated, if this condition is achieved, it would waive the requirement for a raised median in that location. In response to Councilmember Parvin, Mr. Hogan stated conditions would be added to restrict hours for truck deliveries, restrict tree trimming, and add a requirement for odor reducing equipment for restaurants. Mr. Kueny recommended the Council direct the restriction on tree trimming be added to all future modifications of approved commercial and industrial within the City. In response to Mayor Pro Tempore Harper, Mr. Hogan stated a condition would be added to prohibit truck idling during loading and unloading. Mayor Pro Tempore Harper opened the public hearing. John Newton, 165 High Street, Suite 103, Moorpark, representing Kylexa Enterprises, introduced the applicant, Keith Palmquist and Mark Pittman, architect, as available for questions. Mr. Newton described the features of the project and stated the 000212 Minutes of the City Council Moorpark, California Page 9 July 20, 2005 applicant concurs with the conditions as described on stamped pages 160 and 161 of the agenda report. Mr. Newton discussed other conditions of approval and addressed Council comments. In response to Councilmember Parvin, Mr. Kueny stated the M &M project condition for odor abatement will be applied to this project at the discretion of the Community Development Director. Keith Palmquist described the architecture and other features of the center. He listed the tenant mix to include Don Cuco's restaurant; a coffee, tea and fresh baked goods store; a spa; other small eaters; and a home furnishings company. Mark Pittman, architect, described the pergola and landscaping. In response to Councilmember Parvin, Mr. Hogan stated a condition would be added to enhance landscaping and selection of plant materials for the columns of the pergola. Mr. Newton confirmed the applicant agrees to the additional conditions described by Mr. Hogan. Mayor Pro Tempore Harper closed the public hearing. MOTION: Councilmember Parvin moved and Councilmember Millhouse seconded a motion to adopt Resolution No. 2005- 2363 approving Commercial Planned Development Permit No. 2004 -02 subject to conditions of approval, as amended to include: 1) Prior to the issuance of a Certificate of Occupancy for the first commercial space, the applicant shall enter into the standard Caltrans tri -party agreement for maintenance of the parkway landscaping along Los Angeles Avenue; 2) Prior to the issuance of a Building Permit the applicant shall attempt to acquire a reciprocal vehicular access and parking agreement with the Union Bank of California or subsequent property owners to provide a vehicular connection at the northwest portion of the Kylexa site for southbound Union Bank traffic; 3) Restrict hours for truck deliveries; 4) Restrict truck engine idling; 5) Restrict tree trimming; 6) Add a requirement for odor reducing equipment for restaurants; and 7) Add a condition for enhanced landscape material for the columns of the 000213 Minutes of the City Council Moorpark, California Page 10 July 20, 2005 pergola. The motion carried by voice vote 4 -0, Mayor Hunter absent. AT THIS POINT in the meeting, a recess was declared. The time was 10:25 p.m. The City Council meeting reconvened at 10:42 p.m. G. Consider Commercial Planned Development Permit No. 2005 -02 to Allow Construction of an Approximately 74,402 Square Foot Retail Commercial Shopping Center on 6.96 Acres on the Southwest Corner of Los Angeles Avenue and Moorpark Avenue on the Application of Tuscany Partners, Inc. Staff Recommendation: Staff Recommendation: Open the public hearing, receive public testimony, and continue the public hearing open to a specified date. Mr. Hogan stated the public noticing requirements were not met by this project and therefore a continuance is requested. Mayor Pro Tempore Harper opened the public hearing. In response to Mayor Pro Tempore Harper, Ms. Traffenstedt stated there were no speakers. Mayor Pro Tempore Harper closed the public hearing. A discussion followed between Councilmember and staff regarding a special meeting in August or a continuance to the September 7 regular meeting. MOTION: Mayor Pro Tempore Harper moved and Councilmember Millhouse seconded a motion to re- calendar this item for a special meeting in August, subject to concurrence of at least four Councilmembers attending, or to re- calendar for the regular meeting of September 7, 2005. The motion carried by voice vote 4 -0, Mayor Hunter absent. H. Consider Modification No. 4 to Commercial Planned Development Permit No. 1990 -02, for the Build -Out of Three (3) Existing Pad Areas, with 17,324 Square Feet of Commercial /Retail Space and Conditional Use Permit No. 2005 -01 to Allow a 7,724 Square Foot Fitness Center Within 100 Feet of Residentially -zoned Property on an 11.79 -Acre Site at 4279 Tierra Rejada Road on the Application of Constantino Noval. Staff Recommendation: Open the public hearing, receive 000214 Minutes of the City Council Moorpark, California Page 11 July 20, 2005 public testimony, and continue the public hearing open to a specified date. Mr. Hogan gave the staff report. Mayor Pro Tempore Harper opened the public hearing. In response to Mayor Pro Tempore Harper, Ms. Traffenstedt stated there were no speakers. Mayor Pro Tempore Harper closed the public hearing. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to re- calendar this item for a special meeting in August, subject to the concurrence of at least four Councilmembers, or to re- calendar for the regular meeting of September 7, 2005. The motion carried by voice vote 4 -0, Mayor Hunter absent. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Approval of a Promotion Project for the Moorpark Mammoth Discovery and Resolution Amending the Fiscal Year 2005/06 Budget to Fund the Project. Staff Recommendation: 1) Approve Promotion Project for the Moorpark Mammoth Discovery; and 2) Adopt Resolution No. 2005 -2364, amending the Fiscal Year 2005/06 Budget. ROLL CALL VOTE REQUIRED Mr. Riley gave the staff report and added information about a second possible mammoth find and the potential need to modify the proposal. Mayor Pro Tempore Harper requested a future agenda item for discussion of final disposition of the fossil. In response to Mayor Pro Tempore Harper, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to: 1) Approve Promotion Project for the Moorpark Mammoth Discovery, as amended to extend parameters if a subsequent discovery is made; and 2) Adopt Resolution No. 2005 -2364, amending the Fiscal Year 2005/06 Budget. The motion carried by roll call vote 4 -0, Mayor Hunter absent. 000215 Minutes of the City Council Moorpark, California Page 12 July 20, 2005 10. CONSENT CALENDAR: MOTION: Councilmember Parvin moved and Councilmember Millhouse seconded a motion to approve the Consent Calendar. The motion carried by roll call vote 4 -0, Mayor Hunter absent. A. Consider Approval of Minutes of Special Joint City Council /Parks and Recreation Commission Meeting of April 27, 2005. 0 C. Consider Approval of Minutes of Regular Meeting of June 1, 2005. Consider Approval of Minutes of Regular Meeting of June 15, 2005. Consider Approval of Minutes of Regular Meeting of July 6, 2005. Staff Recommendation: Approve the minutes. Consider Approval of Warrant Register for Fiscal Year 2004 -2005 - July 20, 2005. Manual Warrants 119743 $ 24,222.48 Regular Warrants 119752 - 119833 & $ 43,159.63 119834 - 119846 $1,658,996.19 Staff Recommendation: Approve the warrant register. Consider Approval of Warrant Register for Fiscal Year 2005 -2006 - July 20, 2005. Manual Warrants 119742 & 119744 - $ 283,298.64 119751 Voided Warrant 119746 $ (0.00) Payroll Liability 119847 - 119851 $ 1,785.53 Warrants Regular Warrants 119852 - 119876 $ 50,443.49 Staff Recommendation: Approve the warrant register. 000216 Minutes of the City Council Moorpark, California Page 13 July 20, 2005 D. Consider Resolution Determining and Levying the Special Assessment for Assessment District (CFD) No. 92 -1 (Mission Bell Plaza) for Fiscal Year 2005/06. Staff Recommendation: Adopt Resolution No. 2005 -2365. ROLL CALL VOTE REQUIRED E. Consider Resolution Determining and Levying the Special Tax in Community Facilities District (CFD) No. 97 -1 (Carlsberg Business Park Public Improvements) for Fiscal Year 2005/06. Staff Recommendation: Adopt Resolution No. 2005 -2366. ROLL CALL VOTE REQUIRED F. Consider Resolution Commemorating Southern California Association of Governments' 40th Anniversary. Staff Recommendation: Adopt Resolution No. 2005 -2367. G. Consider Request from Moorpark Reduced Park Rental Fees. Waive park rental Commerce's softball Chamber of Commerce for Staff Recommendation: fees for the Moorpark Chamber of tournament on July 24, 2005, and require them to pay any City- direct costs as outlined in the agenda report. H. Consider Resolution Authorizing Submittal of Grant Application to the Ventura County Community Foundation for Community Needs Response Funds and Authorizing City Manager to Sign All Related Agreements. Staff Recommendation: Adopt Resolution No. 2005 -2368. I. Consider Authorization for Recordation of Notice of Completion for Mountain Meadows Park Playground Improvement Project and Resolution Amending the Fiscal Year 2005/06 Budget to Accommodate One Change Order. Staff Recommendation: 1) 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; and 2) Adopt Resolution No. 2005 -2369, amending the FY 2005/06 budget to cover the cost of one change order. ROLL CALL VOTE REQUIRED J. Consider Resolution Amending the City's Classification Plan and Rescinding Resolution No. 2005 -2330. Staff Recommendation: Adopt Resolution No. 2005 -2370. 00021'7 Minutes of the City Council Moorpark, California Page 14 July 20, 2005 11. ORDINANCES: None. 12. CLOSED SESSION: Mr. Kueny requested the City Council go into closed session for discussion of Item 12.C. MOTION: Councilmember Parvin moved and Councilmember Mikos seconded a motion to adjourn to closed session for a discussion of Item 12.C. on the agenda. The motion carried by voice vote 4 -0, Mayor Hunter absent. The time was 11:10 p.m. C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Subdivision (b) of Section 54957 of the Government Code) Title: Administrative Services Director /City Clerk; Assistant City Manager; City Manager; City Attorney; City Engineer; Chief of Police; Community Development Director; Finance Director; Parks, Recreation and Community Services Director; and Public Works Director Present in closed session were Councilmembers Mikos, Millhouse, Parvin, and Mayor Pro Tempore Harper; Steven Kueny, City Manager; Hugh Riley, Assistant City Manager; Barry Hogan, Community Development Director; and Deborah Traffenstedt, Administrative Services Director /City Clerk. The Council reconvened into open session at 11:29 p.m. Mr. Kueny stated Item 12.C. was discussed and there was no action to report. 13. ADJOURNMENT: MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded a motion to adjourn. The motion carried by voice vote 4 -0, Mayor Hunter absent. The time was 11:29 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk 00®2JL8