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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. 0 00�G8 Minutes of the City Council Moorpark, California Page 2 Se tember 21, 2005 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. 0 ®®�G9 Minutes of the City Council Moorpark, California Page 3 Se tember 21, 2005 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. 00041-1, 70 Minutes of the City Council Moorpark, California Page 4 Se tember 21, 2005 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, 0®®� i1 Minutes of the City Council Moorpark, California Page 5 Se tember 21, 2005 (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. ®Q®�7Al"! Minutes of the City Council Moorpark, California Page 6 Se tember 21, 2005 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. 0 00�73 Minutes of the City Council Moorpark, California Page 7 Se tember 21, 2005 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. 0 00? i � Minutes of the City Council Moorpark, California Page 8 September 21, 2005 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 000OL'Io5 Minutes of the City Council Moorpark, California Page 9 Se tember 21, 2005 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 0 00�QG Minutes of the City Council Moorpark, California Page 10 Se tember 21, 2005 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. 0®®Q31ii Minutes of the City Council Moorpark, California Page 11 Se tember 21, 2005 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 0 a0�78 Minutes of the City Council Moorpark, California Page 12 Se tember 21, 2005 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 0 0it Q*30 Y` 9 Minutes of the City Council Moorpark, California Page 13 Se tember 21, 2005 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. O0fl�19 ® Minutes of the City Council Moorpark, California Page 14 Se n tember 21, 2005 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 00051- Minutes of the City Council Moorpark, California Page 15 Se tember 21, 2005 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, ow Minutes of the City Council Moorpark, California Page 16 Se tember 21, 2005 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. 000�S3 Minutes of the City Council Moorpark, California Page 17 Se tember 21, 2005 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. 0 00�S4 Minutes of the City Council Moorpark, California Page 18 q---f-ember 21, 2005 13. ADJOURNMENT: Mayor Hunter adjourned the meeting at 11:12 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk 000�SS