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Home My WebLink AboutAGENDA REPORT 2005 0921 CC REG ITEM 10ACITY Of MOORPARK, CALIFORNIA r 1 m 10. A City Council Meeting l 1..1"j of ? 011-070066' ACTION; J-- MINUTES OF THE CITY COUNCIL BY. Moorpark, California August 31, 2005 A Special Meeting of the City Council of the City of Moorpark was held on August 31, 2005, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 7:19 p.m. 2. PLEDGE OF ALLEGIANCE: John Newton, Moorpark resident, led the pledge of allegiance. 3. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Hugh Riley, Assistant City Manager; Mary Lindley, Parks /Recreation and Community Services Director; Barry Hogan, Community Development Director; Johnny Ea, Finance Directory; Teddy Okoye, Assistant City Engineer; Deborah Traffenstedt, Administrative Services Director /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PUBLIC COMMENT: None. S. PUBLIC HEARINGS: A. Consider Resolution for Commercial Planned Development Permit No. 2005 -02 to Allow Construction of an Approximately 74,402 Square Foot Retail Commercial Shopping Center on Approximately 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: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolution No. 2005- 000398 Minutes of the City Council Moorpark, California Page 2 August 31, 2005 2371 adopting a Mitigated Negative Declaration and approving Commercial Planned Development Permit No. 2005 -02. Mr. Hogan gave the staff report. In response to Councilmember Parvin, Mr. Hogan stated a condition could be added to require decorative pavement and enhanced landscaping to strength the pedestrian connection between Buildings G and H. In response to Council concerns, Mr. Hogan stated a condition would be added to restrict maintenance activities and refuse pickup prior to 7:00 a.m. In response to Councilmember Mikos, Mr. Hogan stated on stamped page 49 of the agenda report, Special Condition No. 26 would be reworded to read "Prior to issuance of an occupancy permit for the first commercial space, the applicant shall re- stripe the intersection of Park Lane and Park Lane and install any signage required by the city engineer at the ir+ t2-i-s ee-tie-3 -6-f n c-= - k r a- xe — ai-d n 3-rr r r G- S- + r an-e, subject to the review and approval of the City Engineer and Community Development Director." In response to Councilmember Harper, Mr. Hogan stated a similar condition which was added to the Kylexa project to work on reciprocal access with the adjacent property owner, would be added to this project for reciprocal access to the adjacent gas station. CONSENSUS: It was the consensus of the Council to limit egress from the site from both driveways to right -turn only (eastbound) onto Los Angeles Avenue. Mayor Hunter opened the public hearing. John Newton, representing the applicant, Tuscany Partners, Inc. 165 High Street, Suite 103, Moorpark, California, gave a presentation on the project and introduced the developer and various members of development team who were available for questions. He stated they are in agreement the new conditions put forward in the agenda report and with the new special condition for a 7:00 a.m. restriction on maintenance activities; working with the gas station on reciprocal 000399 Minutes of the City Council Moorpark, California Page 3 August 31, 2005 access; and limiting egress westbound on Los Angeles Avenue to right -turn only as long as left -turn ingress is allowed at the western driveway. Larry Green, applicant, described the details of the project; courtyards; tenant mix; and type of uses for the each area of the project. He stated he and his partners do not intend to sell the center. CONSENSUS: It was the consensus of the Council to enhance the main aisle by removing a couple of parking spaces to add more landscaping and extend the enriched pavement. In response to Mayor Hunter, Mr. Hogan stated the conditions would be changed to eliminate any mention of child - friendly interactivity for the water feature and staff will work on a design for an outdoor entertainment area to allow, for example, room for a musical trio. In response to Mayor Hunter, Mr. Green and Mr. Newton concurred they had no objections to the new conditions as proposed. Mr. Green stated they will continue to work with staff on the court yard, entrance enhancements, and articulation of the elevations. Mayor Hunter closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2005 -2371 adopting a Mitigated Negative Declaration and approving Commercial Planned Development Permit No. 2005 -02, as amended for: 1) Decorative pavement and enhanced landscaping to strength the pedestrian connection between Buildings G and H; 2) Restriction of maintenance activities and refuse pickup prior to 7:00 a.m.; 3) Rewording of Special Condition No. 26 for clarity; and 4) Elimination of any mention of child - friendly interactivity with the water feature. The motion carried by unanimous voice vote. B. Consider Resolution for 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 0 0® JI 0 0 Minutes of the City Council Moorpark, California Page 4 August 31, 2005 4279 Tierra Rejada Road on the Application of Constantino Noval. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolution No. 2005 -2372 approving Modification No. 4 to Commercial Planned Development Permit No. 1990 -02 and Conditional Use Permit No. 2005 -01, subject to Conditions of Approval. Mr. Hogan gave the staff report. Mayor Hunter opened the public hearing. Ben Kalaf, co- applicant from Noval & Planet Construction, 18648 Erwin Street, Tarzana, California, described the proposal. Kevin McConville, representative from Fitness 19, which will occupy the space, described the operation and amenities for the exercise club. He stated they will have to adjust to the operating hours specified in the conditions. Mr. Kalaf stated he was in agreement with the conditions of approval. In response to Mayor Hunter, Mr. Hogan stated on stamped page 112 of the agenda report, Special Condition No. 3 should be modified to read "On -site sale or consumption of alcoholic beverages without prior approval of a separate or amended Conditional Use Permit is prohibited." Mayor Hunter closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to adopt Resolution No. 2005 -2372 approving Modification No. 4 to Commercial Planned Development Permit No. 1990 -02 and Conditional Use Permit No. 2005 -01, subject to Conditions of Approval, as amended for the modification to Special Condition No. 3. The motion carried by unanimous voice vote. 00401_ Minutes of the City Council Moorpark, California Page 5 August 31, 2005 6. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to approve the Consent Calendar with the exception of Item 6.A., which was pulled for individual consideration. The motion carried by unanimous voice vote. B. Consider Resolution Amending Resolution No. 2004 -2174, the City's ICMA Retirement Corporation Governmental Money Purchase Plan and Trust Adoption Agreement [401 (a) Plan]. Staff Recommendation: Adopt Resolution No. 2005 -2373 approving an amendment to Resolution No. 2004 -2174, the City's 401(a) Plan and authorize the City Manager to sign Attachment 1 amending the City of Moorpark Governmental Money Purchase Plan and Trust Adoption Agreement. The following item was pulled for individual consideration: A. Consider Purchase of Original Painting of the Moorpark Mammoth. Staff Recommendation: Approve the purchase of the original painting by Jan Mecklenburg and authorize payment of $2,700. ROLL CALL VOTE REQUIRED In response to Mayor Hunter, Mr. Riley stated the General Fund is the source of funds for the purchase of the painting. MOTION: Mayor Hunter moved and Councilmember Parvin seconded a motion to approve the purchase of the original painting of the Moorpark Mammoth by Jan Mecklenburg and authorize payment of $2,700. The motion carried by unanimous roll call vote. 7. CLOSED SESSION: None was held. 00®4('2 Minutes of the City Council Moorpark, California Page 6 August 31, 2005 8. ADJOURNMENT: MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 8:50 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk OQ04V3