HomeMy WebLinkAboutAGENDA REPORT 2005 1005 CC REG ITEM 10ACITY OF MOORPARK, CALIFORNIA
City Council Meeting ITEM 10. A
Of-
ACTION:
v
MINUTES OF THE CITY COUNCIL
C'al }fe� September 21, 2005
A Regular Meeting of the City Council of the City of Moorpark
was held on September 21, 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
7:26 p.m.
2. ROLL CALL:
Present: Councilmembers Mikos, Millhouse, Parvin, and
Mayor Pro Tempore Harper.
Absent: Mayor Hunter. (arrived at 8:28 p.m.)
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; Johnny Ea,
Finance Director; Captain Richard Diaz,
Sheriff's Department; Deborah Traffenstedt,
Administrative Services Director /City Clerk;
and Maureen Benson, Deputy City Clerk.
3. PLEDGE OF ALLEGIANCE:
Deferred to coincide with Item 4.A., the Opening Ceremony
for Senior Games.
4. PROCLAMATIONS AND COMMENDATIONS:
A. Opening Ceremony for Senior Games.
Robert Moser, Chair of Moorpark's Active Adult Center
Advisory Committee, led the Pledge of Allegiance.
Mayor Pro Tempore Harper declared open, the 2005
Senior Games. He administered the Senior Games Oath
to 2002 Gold Medal winners, Gary and Verna Hoelker,
representing all participants; and to Nancee Walker,
representing the event leaders.
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B. Certificate of Recognition for Country Days Logo
Contest Winner Ashley Gass.
Mayor Pro Tempore Harper presented Country Days Logo
contest winner, Ashley Gass with a certificate of
recognition honoring her depiction of "A Mammoth
Celebration ".
C. Proclamation for Child Development Resources of
Ventura County.
Mayor Pro Tempore Harper read the proclamation
honoring Child Development Resources of Ventura County
upon the occasion of their 25th anniversary.
D. City Manager's Monthly Report.
Mr. Kueny stated the monthly report would be deferred
due to the lengthy agenda.
5. PUBLIC COMMENT:
Gerald Goldstein spoke about court enforced cleanup of his
property.
AT THIS POINT in the meeting, the City Council recessed to
convene a meeting of the Moorpark Redevelopment Agency. The time
was 7:45 p.m. The City Council meeting reconvened at 7:48 p.m.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
Mayor Pro Tempore Harper recommended, due to the
anticipated late arrival of Mayor Hunter, that Items 8.A.
and 8.B. be heard at the end of public hearings following
Item 8.E.
CONSENSUS: It was the consensus of the Council to hear Items
8.A. and 8.B. at the end of public hearings following Item 8.E.
Mr. Kueny requested Item 10.J. be pulled from the Consent
Calendar for a minor technical correction.
Councilmember Parvin requested Item 10.E. be pulled from
the Consent Calendar for individual consideration.
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CONSENSUS: It was the consensus of the Council to pull Items
10.E. and 10.J. from the Consent Calendar for individual
consideration.
7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Councilmember Millhouse announced the Ventura Local Agency
Formation Commission, on which Councilmember Parvin serves
as an alternate, has been honored as the most effective
commission in the State of California.
Councilmember Mikos requested a future agenda item to
discuss the global warming issue and to consider the City
participating in making a statement on this issue.
Councilmember Parvin requested a future agenda item to
discuss the new Digital Flood Insurance Rate Map (DFIRM)
presented by the Federal Emergency Management Agency
(FEMA).
Councilmember Millhouse requested the Public Safety
Committee study evacuation routes out of the City in the
event of a train derailment or toxic spill; the possibility
of the California Highway Patrol and Ventura County
Sheriff's Departments assisting in directing traffic flow;
and consideration of the possibility of remote control
traffic signals.
Mayor Pro Tempore Harper, Public Safety Committee member,
concurred.
Councilmember Mikos suggested a Citywide practice exercise
be considered.
Mayor Pro Tempore Harper announced the City of Moorpark is
sponsoring a Housing Rights workshop on Thursday, September
22nd in the Community Center to provide information about
rights and responsibilities of a tenant. Topics will
include fair housing, evictions, repairs, and rent
increases.
Mayor Pro Tempore Harper announced the north parking lot at
the Metrolink station will be closed October 1st for
Country Days and will re -open on Sunday, October 2nd.
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AT THIS POINT in the meeting Item 8.C. was heard.
8. C. Consider Formation of City of Moorpark Community
Facilities District No. 2004 -1 (Moorpark Highlands) .
(continued from September 7, 2005, with public hearing
open) Staff Recommendation: 1) Open the continued
public hearing, accept testimony, and close the public
hearing; 2) Adopt Resolution No. 2005 -2382, (Approving
a Funding, Construction, and Acquisition Agreement; 3)
Adopt Resolution No. 2005 -2383 (Formation of Community
Facilities District and Levy of Special Tax); 4) Adopt
Resolution No. 2005 -2384, (Determining Necessity to
Incur Bonded Indebtedness); 5) Adopt Resolution No.
2005 -2385, (Calling for a Special Election); 6) Adopt
Resolution No. 2005 -2386, (Declaring Election Results)
and 7) Introduce Ordinance No. 319 for first reading
and schedule second reading and adoption for October
19, 2005. ROLL CALL VOTE REQUIRED
Mr. Riley gave the staff report.
Mayor Pro Tempore Harper announced this is a continued
open 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: Mayor Pro Tempore Harper moved and Councilmember
Mikos seconded a motion to: 1) Adopt Resolution No. 2005-
2382, (Approving a Funding, Construction, and Acquisition
Agreement; 2) Adopt Resolution No. 2005 -2383 (Formation of
Community Facilities District and Levy of Special Tax); 3)
Adopt Resolution No. 2005 -2384, (Determining Necessity to
Incur Bonded Indebtedness); and 4) Adopt Resolution No.
2005 -2385, (Calling for a Special Election). The motion
carried by voice vote 4 -0, Mayor Hunter absent.
Ms. Traffenstedt announced the results from the
Moorpark Highlands Community Facilities District
2004 -1 election as 419 votes in favor and zero votes
opposed.
MOTION: Councilmember Millhouse moved and Councilmember
Parvin seconded a motion to adopt Resolution No. 2005 -2386,
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(Declaring Election Results). The motion carried by voice
vote 4 -0, Mayor Hunter absent.
Mr. Montes read the title of Ordinance No. 319.
MOTION: Councilmember Mikos moved and Councilmember Parvin
seconded a motion to waive further reading, declare
Ordinance No. 319 introduced for first reading, and
schedule second reading and adoption for October 19, 2005.
The motion carried by voice vote 4 -0, Mayor Hunter absent.
D. Consider Formation of City of Moorpark Community
Facilities District No. 2004 -2 (Vistas at Moorpark .
(continued from September 7, 2005, with public hearing
open) Staff Recommendation: 1) Open the continued
public hearing, accept testimony, and close the public
hearing; 2) Adopt Resolution No. 2005 -23870, (Approving
a Funding, Construction, and Acquisition Agreement; 3)
Adopt Resolution No. 2005 -2388, (Formation of
Community Facilities District and Levy of Special
Tax); 4) Adopt Resolution No. 2005 -2389, (Determining
Necessity to Incur Bonded Indebtedness); 5) Adopt
Resolution No. 2005 -2390, (Calling for a Special
Election); 6) Adopt Resolution No. 2005 -2391,
(Declaring Election Results); and 7) Introduce
Ordinance No. 320 for first reading and schedule
second reading and adoption for October 19, 2005.
ROLL CALL VOTE REQUIRED
Mr. Riley gave the staff report.
Mayor Pro Tempore Harper announced this is a continued
open 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 Parvin moved and Councilmember Mikos
seconded a motion to: 1) Adopt Resolution No. 2005 -2387,
(Approving a Funding, Construction, and Acquisition
Agreement; 2) Adopt Resolution No. 2005 -23881 (Formation of
Community Facilities District and Levy of Special Tax); 3)
Adopt Resolution No. 2005 -2389, (Determining Necessity to
Incur Bonded Indebtedness); and 4) Adopt Resolution No.
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2005 -2390, (Calling for a Special Election) . The motion
carried by voice vote 4 -0, Mayor Hunter absent.
Ms. Traffenstedt announced the results for the Vistas
at Moorpark Community Facilities District 2004 -2
election as 73 votes in favor and zero votes opposed.
MOTION: Councilmember Mikos moved and Councilmember Parvin
seconded a motion to adopt Resolution No. 2005 -2391,
(Declaring Election Results). The motion carried by voice
vote 4 -0, Mayor Hunter absent.
Mr. Montes read the title of Ordinance No. 320.
MOTION: Councilmember Millhouse moved and Councilmember
Parvin seconded a motion to waive further reading, declare
Ordinance No. 320 introduced for first reading, and
schedule second reading and adoption for October 19, 2005.
The motion carried by voice vote 4 -0, Mayor Hunter absent.
E. Consider General Plan Amendment Pre- Screenin
Application No. 2004 -04 to Convert 6.8 Acres from a
General Commercial (C -2) Designation to Very High
Density Residential (VH) and Floodway (FLDWY)
Designations on the West Side of Spring Road, South of
Los Angeles Avenue on the Application of Centex Homes.
Staff Recommendation: 1) Open the public hearing,
accept public testimony, and close the public hearing;
2) Direct staff to accept a General Plan Amendment
application, provided all other necessary entitlement
applications are filed concurrently; and 3) Appoint an
Ad Hoc Committee for negotiation of the development
agreement. (Staff: Barry Hogan)
Mr. Hogan gave the staff report.
Councilmember Millhouse explained the pre- screening
process to the public.
Mayor Pro Tempore Harper opened the public hearing.
Ron Gallagher, representing Centex Homes, 27200
Tourney Road, Santa Clarita, California, discussed the
proposal and described their company philosophy for
meeting individually with residents surrounding the
project area.
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Mark Farrington expressed concerns about the busy
intersection of State Route 118 and Spring Road;
recreational vehicle parking being moved out onto the
neighborhood streets; and about high density
development in the downtown area.
Mayor Pro Tempore Harper closed the public hearing.
AT THIS POINT in the hearing, Mayor Hunter arrived. The time
was 8:28 p.m.
MOTION: Councilmember Mikos moved and Councilmember Parvin
seconded a motion to accept a General Plan Amendment
application, provided all other necessary entitlement
applications are filed concurrently. The motion carried by
voice vote 4 -0, Mayor Hunter abstaining.
CONSENSUS: It was the consensus of the Council for
Councilmembers Harper and Mikos to serve on the Centex Ad
Hoc Committee.
AT THIS POINT in the hearing Mr. Kueny requested the Council
return to Items 8.C. and 8.D. to correct the date of the second
reading for Ordinances Nos. 319 and 320 to be October 5, 2005.
CONSENSUS: It was the consensus of the Council to schedule
the second reading for Ordinances Nos. 319 and 320 for
October 5, 2005.
Mayor Hunter recommended hearing Items 8.A. and 8.B.
concurrently.
CONSENSUS: It was the consensus of the Council to hear
Items 8.A. and 8.B. concurrently.
AT THIS POINT in the hearing Items 8.A. and 8.B. were heard:
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 September 7, 2005, with public hearing
closed) Staff Recommendation: Adopt Resolution No.
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2005- (in Agenda Item 9.A.) 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.
B. 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 September 7, 2005, with public
hearing closed) Staff Recommendation: Adopt
Resolution No. 2005- (in Agenda Item 9.A.) 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 the applicant has requested a
continuance to October 5, 2005, and reminded the
Council Item 9.A. on the agenda is also affected by
this request.
Mr. Montes stated the public hearings remain closed
for Items 8.A. and 8.B, but for convenience, Item 9.A.
could be discussed at this time.
CONSENSUS: It was the consensus of the Council to discuss
Item 9.A. concurrently with Items 8.A. and 8.B.
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider Special Election Resolutions for the North
Park Village and Nature Preserve Project -Calling a
Special Election for February 7, 2006; Setting
Priorities for Filing Written Arguments and Directing
the City Attorney to Prepare the Impartial Analysis,
and Providing for the filing of Rebuttal Arguments.
(continued from July 6, 2005) Staff Recommendation:
1) Direct staff as deemed appropriate on any City
Council priorities to be included in the resolution
setting priorities for filing written arguments; and
2) Adopt the three election Resolutions Nos. 2005-
, , and (Staff: Deborah Traffenstedt)
Ms. Traffenstedt gave the staff report and suggested
considering the ballot question to facilitate moving
forward with the bilingual ballot. She stated, based
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upon the applicant's request for a continuance, two
new election dates may be considered, February 28,
2006 and March 7, 2006.
Vince Daly, Community Manager for North Park Village,
LLC, 680 Walnut Street, Moorpark, California,
requested a continuance for two weeks due to business
issues among the partners.
MOTION: Councilmember Harper moved to grant a continuance
for Items 8.A. and 8.B.
Mr. Montes stated Items 8.A. and 8.B. should be
continued to a date certain and for staff to be
directed to bring back Item 9.A. with additional
direction for a new election date.
AMENDED MOTION: Councilmember Harper amended his motion
and Councilmember Millhouse seconded the amended motion to
continue the closed public hearings of Items 8.A. and 8.B.
to October 5, 2005. The motion carried by voice vote 3 -1,
Mayor Hunter dissenting and Councilmember Mikos abstaining.
CONSENSUS: It was the consensus of the Council not to
assign a priority for a ballot argument to the City
Council.
A discussion among the Councilmembers and Mr. Montes
followed regarding the ballot question and the
statutory requirements. Mayor Hunter proposed a
shorter version of the proposed ballot question:
"Shall the Ordinance, which approves the
North Park Village and Nature Preserve
Project on a 3,544 acre site, approves a
Specific Plan, Development Agreement, Zone
Change, and General Plan Amendment with a
CURB (City Urban Restriction Boundary)
amendment, be adopted ?"
CONSENSUS: It was the consensus of the Council to bring
direct staff to bring back a revised ballot question in the
resolution calling the election.
In response to Councilmember Mikos, Mr. Kueny stated
staff will provide updated population and housing unit
information for the General Plan document.
CONSENSUS: It was the consensus of the Council to bring
Item 9.A. back on October 5, 2005, and direct staff to
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provide updated information on population and number of
housing units for the General Plan Amendment.
B. Consider an Ordinance of the City of Moorpark,
Amending Title 6, Animal Regulations, to Reflect
Current Conditions and Services and Make Technical
Changes for Clarity of Language and Purpose.
(continued from September 71 2005) Staff
Recommendation: Introduce Ordinance No. for first
reading, waive full reading, and declare the ordinance
introduced for first reading.
Mr. Brand gave the staff report.
In response to Mayor Hunter, Mr. Brand described the
steps that would be taken by a complaining party to
process a complaint regarding a noisy animal.
Mr. Montes described the two paths of enforcement,
punitive and nuisance abatement.
In response to Councilmember Parvin, Mr. Brand stated
on stamped page 353 of the agenda report in Subsection
D. Subpoena Power, in the last sentence and throughout
the remainder of the document, the words "or other
documents" would be added.
In response to Councilmember Parvin, Mr. Montes stated
on stamped page 369 of the agenda report Section
6.20.060 Isolation of biting animal - Subsection A.
would be modified to include "any person, who is
eighteen (18) years of age or an emancipated minor"
may make a written request to the poundmaster for the
isolation of a biting animal."
In response to Councilmember Mikos, Mr. Brand stated
that on stamped page 373 of the agenda report under
Section 6.24.090 Notice of Escape - would be modified
to indicate once the City is notified by the wild
animal owner of the animals escape, the City will
notify neighboring cities and the county.
Elizabeth Garcia expressed concerns regarding the lack
of a process for penalizing repeat offenders if a
second party is not a witness to the animal annoyance
issue.
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Mayor Hunter stated this is a good first draft;
however, the ordinance still needs more refining
before adoption. He requested staff report statistics
on the number of animal complaints filed and the
number of resolutions to those complaints over a
three -year period.
Mayor Hunter directed staff work with Ms. Garcia in
regard to resolving her animal nuisance complaint.
CONSENSUS: It was the consensus of the Council to continue
this item to October 5, 2005, with direction to staff to
incorporate Council's refinements into the ordinance and to
provide a report on the statistics for the number of
complaints filed regarding animals and the number of
resolutions to those complaints over the past three years.
C. Consider Consultant for Library Study. Staff
Recommendation: Direct staff as deemed appropriate.
Mary Lindley gave the staff report.
In response to Mayor Hunter, Ms. Traffenstedt stated
there were no speakers.
In response to
developer funds
would probably
hearing.
Mayor Hunter,
paid to the
require a new
Ms. Lindley stated using
City to fund this study
resolution and a public
CONSENSUS: It was the consensus of Council to continue
this item to October 5, 2005, with direction to staff to
retain the services of Arroyo Associates to prepare a
library feasibility study, and prepare a proposed scope of
services for Council consideration along with additional
information for funding the study.
D. Consider Hurricane Katrina Relief Program and Related
Actions, and Resolution Amending 2005/06 Operating
Budget for Program Ex enditures. Staff
Recommendation: Approve Emergency Hurricane Katrina
Relief Program and adopt Resolution No. 2005 -2392,
amending the 2005/06 Operating Budget. ROLL CALL VOTE
REQUIRED
Mr. Riley gave the staff report. He stated that on
September 7, 2005, during a special meeting, the City
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Council, in the interest of furthering an "Ethos of
Reciprocity" with fellow Americans and in recognition
of the devastation caused by Hurricane Katrina,
authorized a Relief Program.
In response to Mayor Hunter, Ms. Traffenstedt stated
there were no speakers.
MOTION: Councilmember Millhouse moved and Councilmember
Parvin seconded a motion to approve Emergency Hurricane
Katrina Relief Program and adopt Resolution No. 2005 -2392,
amending the 2005/06 Operating Budget. The motion carried
by unanimous roll call vote.
E. Consider Amending the Zoning Code (Title 17) by Adding
a Public Art Requirement. Staff Recommendation:
Introduce Ordinance No. 321, for first reading, waive
full reading, and schedule second reading and adoption
for October 5, 2005.
Ms. Lindley gave the staff report.
In response to Mayor Hunter, Mr. Montes stated the
statute addresses the establishment and accounting of
certain development fees does not apply to this
particular development fee requiring a contribution
the purchase of public art.
Mayor Hunter requested Section 17.50.140 on stamped
page 396 of the agenda report regarding the return of
fees be deleted.
CONSENSUS: It was the consensus of the Council to delete
Section 17.50.140 - Return of Fees in the draft resolution.
Mayor Hunter recommended striking the words "public
buildings" from Section 17.50.050, Subchapter B. on
stamped page 392 of the agenda report.
In response the Mayor Hunter, Mr. Kueny stated it is a
Policy question as to whether the Council would want
to place the public art fee requirement on a remodel
when there is no new square footage, and consideration
may be to apply only to new square footage.
CONSENSUS: It was the consensus of the Council to revise
Subchapter B. of Section 17.50.050 by deleting "public
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buildings" and restricting the application of the fee to
remodeling when such remodeling results in additional gross
square footage of the building.
"17.50.050 Projects subject to provisions of this
subchapter.
B. Including but not limited to exterior
modifications, alterations and additions, all
remodeling of existing residential buildings of more
than four (4) units, and all remodeling of existing
commercial, and industrial buildings, shall be subject
to the provisions of this Subchapter when such
remodeling results in additional gross square footage
of the building and has a valuation exceeding Two
Hundred Fifty Thousand Dollars ($250,000)."
In response to Mayor Hunter, Ms. Traffenstedt stated
there were no speakers.
Mr. Montes read the title of Ordinance No. 321, as
amended.
MOTION: Councilmember Harper moved and Councilmember
Parvin seconded a motion to waive further reading, declare
Ordinance No. 321 introduced for first reading, as amended,
and schedule second reading for October 5, 2005. 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 with the
exception of Items 10.E. and 10.J, which were pulled for
individual consideration. The motion carried by unanimous roll
call vote.
A. Consider Approval of Special Meeting Minutes of August
31, 2005.
Staff Recommendation: Approve the minutes.
B. Consider Approval of Warrant Register for Fiscal Year
2004 -2005 - September 21, 2005.
Staff Recommendation: Approve the warrant register.
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C. Consider Approval of Warrant Register for Fiscal Year
2005 -2006 - September 21, 2005.
Staff Recommendation: Approve the warrant register.
D. Consider Resolution Adopting the Annual Investment
Policy for Fiscal Year 2005/06 for the City of
Moorpark. Staff Recommendation: Adopt Resolution No.
2005 -2393, establishing the City of Moorpark's
Investment Policy for Fiscal Year 2005/06.
F. Consider Rescinding Decision to Approve Professional
Services with General Government Mana ement Services
as Special Tax Consultant Relating to the Formation,
Financing and Annual Administration of Moorpark
Highlands and Moorpark Vista Community Facilities
Assessment Districts. Staff Recommendation: Rescind
September 15, 2005, action to approve agreement for
professional services with General Government
Management Services.
G. Consider the City of Moorpark General Plan Annual
Report Including the Housing Element Progress Report -
September 2004 - August 2005. Staff Recommendation: 1)
Receive and file the report; and 2) Direct staff to
forward a copy of this report to the Governor's Office
of Planning and Research State Department of Housing
and Community Development County of Ventura - Planning
Division.
H. Consider Extension of Street Sweeping Contract. Staff
Recommendation: Authorize the City Manager to execute
a contract amendment extending the term of the
Agreement for street sweeping services to December 31,
2010.
I. Consider Report of Annual Development Agreement
Review, Established in Connection with Industrial
Planned Development No. 1995 -02 and Tract No 5004
(Special Devices, Incorporated (SDI), Warehouse
Discount Centers, and Moorpark Hospitality, Inc.)
Staff Recommendation: 1) Accept the Community
Development Director's Report and recommendation, and
find, on the basis of substantial evidence, that SDI,
Warehouse Discount Center, and Moorpark Hospitality,
Inc. have complied in good faith with the terms and
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conditions of the agreement; and 2) Deem the annual
review process complete.
K. Consider Resolution Authorizing CalHome Application
for Housing Rehabilitation Funds and --Authorizing City
Manager to Execute All Documents Required to
Participate in Program. Adopt Resolution No. 2005-
2395, authorizing an application for CalHome funds and
modify for housing rehabilitation loans as provided in
the agenda report.
L. Consider Annual Review of Development Agreement
Established in Connection with Residential Planned
Development Permit No 2001 -02, a 190 -unit Senior
Apartment Project Located at the Terminus of Park
Lane, South of Park Crest Lane and North of the Arroyo
Simi (Vintage Crest Senior Apartments, L.P./USA
Properties). Staff Recommendation: 1) Accept the
Community Development Director's Report and
recommendation that, on the basis of substantial
evidence, Vintage Crest Senior Apartments, L.P. /USA
Properties has complied in good faith with the terms
and conditions of the Agreement; and 2) Deem the
annual review process complete.
M. Consider Acceptance of Quit Claim Deed from the Area
Housing Authority for Partial Street Right-of-Way in
Connection with Proposed Vacation of Magnolia Street
between High Street and Charles Street. Staff
Recommendation: Direct the City Clerk to accept an
interest in real property as described in the agenda
report.
The following items were pulled for individual consideration.
E. Consider Resolution Establishing Parking Restrictions
on Third Street. Staff Recommendation: Adopt
Resolution No. 2005 -2394.
In response to Councilmember Parvin, Mr. Kueny stated
staff has been in communication with representatives
from Flory School, and Superintendent DePasquale
regarding the parking restrictions.
MOTION: Councilmember Parvin moved and Councilmember
Harper seconded a motion to adopt Resolution No. 2005 -2394,
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establishing parking restrictions on Third Street. The
motion carried by unanimous voice vote.
J. Consider Approval of Street Names for Moorpark
Highlands (Pardee) Tract 5045 also known as Specific
Plan 2, Located East of Walnut Canyon Road and South
of the City Limits. Staff Recommendation: Approve
the street names as proposed.
Mr. Hogan stated Grindstone Court was inadvertently
left off of the list of street names; however, it does
appear on the Tract Map.
MOTION: Councilmember Harper moved and Councilmember Mikos
seconded a motion to approve the street names for Moorpark
Highlands (Pardee) Tract 5045 as proposed in the agenda
report and as amended for inclusion of Grindstone Court.
The motion carried by unanimous voice vote.
11. ORDINANCES:
None.
12. CLOSED SESSION:
Mr. Kueny requested the City Council go into closed session
for discussion of Item 12.B. on the agenda.
MOTION: Councilmember Mikos moved and Councilmember Harper
seconded a motion to adjourn to closed session for discussion of
Item 12.B. (two cases) on the agenda. The motion carried by
unanimous voice vote. The time was 10:58 p.m.
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c)
of Section 54956.9 of the Government Code: (Number of
cases to be discussed - 4)
Present in closed session were Councilmembers Harper,
Mikos, Millhouse, Parvin and Mayor Hunter; Steven Kueny,
City Manager, Joseph Montes, City Attorney; Hugh Riley,
Assistant City Manager; Barry Hogan, Community Development
Director; and Deborah Traffenstedt, Administrative Services
Director /City Clerk.
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The Council reconvened into open session at 11:12 p.m. Mr.
Kueny stated Item 12.B. (two cases) were discussed and
there was no action to report.
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13. ADJOURNMENT:
Mayor Hunter adjourned the meeting at 11:12 p.m.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
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