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HomeMy WebLinkAboutMIN 2005 0601 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California June 1, 2005 A Regular Meeting of the City Council of the City of Moorpark was held on June 1, 2005, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 7:24 p.m. 2. PLEDGE OF ALLEGIANCE: Barry Hogan, Community Development Director, led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Kenneth Gilbert, Public Works Director; Mary Lindley, Parks /Recreation and Community Services Director; Barry Hogan, Community Development Director; Brad Miller, City Engineer; Johnny Ea, Finance Director; Captain Richard Diaz, Sheriff's Department; Deborah Traffenstedt, Administrative Services Director /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Recognition of Outgoing Teen Council Members. Mayor Hunter presented certificates of recognition to outgoing Teen Council Members Aryan Aziz, Kelsey Butzer, Brianna Corzine, Taylor Fernandez, Paul Jafar, Jon Lamberson, Roxana Moradi, Allyson Rueckert, and Gregory Smith. 5. PUBLIC COMMENT: Gerald Goldstein spoke about court enforced cleanup of his property and the City's Code Compliance program. Minutes of the City Council Moorpark, California Page 2 June 1, 2005 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mayor Hunter proposed hearing Items B.A. and B.C. first under Public Hearings, table Item B.C. after taking public testimony, hear the balance of the agenda, and conclude the evening with Item 8.B. and the finalization of Item B.C. CONSENSUS: It was the consensus of the Council to: 1) Hear Items B.A. and B.C. after Item 7. on the agenda; 2) Table Item B.C. after taking public testimony; 3) Hear the remainder of the agenda; and 4) Conclude the meeting with Items 8.B. and B.C. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Parvin congratulated Captain Diaz for having received the Public Servant of the Year Award presented by the Moorpark Chamber of Commerce. Mayor Hunter announced the City, in association with the Boys and Girls Club, will be hosting "Moorpark After Dark ", a program designed specifically for young teens in grades 6 through 9 which will be held on Friday, June 3rd at the Boys and Girls Club. Mayor Hunter announced the Moorpark Beach Bus to Zuma Beach will run every Tuesday and Thursday June 21 through August 30. 8. PUBLIC HEARINGS: A. Consider Withdrawal from the Ventura County Library System. (continued from April 6, 2005, with public hearing open) Staff Recommendation: Direct staff as deemed appropriate. Ms. Lindley gave the staff report. Mayor Hunter announced the public hearing remains open. In response to Councilmember Parvin, Mr. Kueny stated staff would report back in regard to information obtained from consultants on withdrawal from the Library System. Gilbert Bahn spoke on behalf of the Friends of the Library and complimented the City Manager for working Minutes of the City Council Moorpark, California Page 3 June 1, 2005 with other cities' managers to come up with this solution. Mayor Hunter closed the public hearing. Councilmember Harper stated under this compromise the City saves $30,000 this year; and requested staff report back in September on information obtained from the consultants. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to continue this item with the public hearing closed to September 21, 2005, allowing staff time to obtain information from consultants on costs and details for withdrawing from the Library System. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, Item 8.C. was heard. 8. C. Consider Proposed Development Agreement Between North Park Village Limited Partnership and City of Moorpark Pertaining to General Plan Amendment No. 2001 -05, Specific Plan No. 2001 -01, and Zone Change No. 2001- 02. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Direct staff as deemed appropriate. (Staff: Steven Kueny) Mr. Kueny gave the staff report. Mayor Hunter opened the public hearing. Kim Kilkenny, representing North Park Village, 680 Walnut Street, Moorpark, spoke in support of the draft Development Agreement; and in response to Mayor Hunter stated North Park concurs with the Development Agreement, which he has been authorized to sign for North Park. In response to Councilmember Harper, Mr. Kilkenny stated a draft Memorandum of Understanding (MOU) with Moorpark College could go to the college board in July; the MOU with Moorpark Unified School District (MUSD) has been adopted and mitigation measures are under review; and there are no other outstanding agreements with any other agencies. Minutes of the City Council Moorpark, California Paqe 4 June 1. 2005 In response to Councilmember Parvin, Mr. Kilkenny stated, to the best of his knowledge, those residents in Campus Park affected by the proposed construction road traffic and who have agreed to participate, have reached an agreement with North Park on a dollar amount for compensation. In response to Mayor Hunter, Mr. Kilkenny stated residents who participate in the compensation agreement are not waiving their right to oppose the project. In response to Councilmember Mikos, Mr. Kilkenny stated North Park has submitted an offer to purchase the Waste Management piece of property required for the freeway interchange, but have not yet received a response. Lynn Shackelford spoke in support of the North Park Village Development Agreement (DA) citing the need for planned, controlled growth. He stated he liked the traffic mitigation fee per household, the $10 million for parks, and the dedication of land for a nature preserve. Chris Childers spoke in support of the Development Agreement for North Park citing the improvements to the project evolving from lengthy debate, affordable and senior housing, and North Park's inclusion of citizen ideas in the project. David Bagwell spoke in support of North Park citing the 2,000 acres donated back to the City to be maintained by the developer. Jim Stueck spoke in support of the Development Agreement. Tom Duck spoke in opposition citing traffic concerns and overdevelopment creating an urban environment. Anthony Banducci spoke in opposition citing lack of remedies for breach of the agreement, overdevelopment of the site, which is currently zoned for only 89 homes, unknown financial background of the financier for the project, and lack of agreements with Moorpark College, MUSD, and Waste Management. Minutes of the City Council Moorpark, California Page 5 June 1, 2005 Randy Smith spoke in support of the project, citing the financial benefits to the City, additional community services, property fees, park improvements, maintenance fees, a freeway interchange, and a school. He stated if the project is not approved by the voters the developer will go to the County for approval. Councilmember Mikos stated, as a point of clarification, that a countywide SOAR (Save Open -Space and Agricultural Resources) vote would have to take place if the developer took this project to the County for approval instead. Paul Edelman, Deputy Director for Natural Resources and Planning for the Santa Monica Mountains Conservancy (SMMC), 5750 Ramirez Canyon Road, Malibu, California, spoke in opposition citing inadequacy of mitigation for a wildlife corridor, the need for additional funding to provide for wildlife movement under the freeway, and a flaw in the transfer of open space to the public, which can be delayed for many years. Lyle Pennington spoke in support, citing the many benefits, and mitigations for traffic. Scott Mosher, representing the Moorpark Chamber of Commerce, spoke in support, citing the quality product negotiated in good faith with numerous legally binding safeguards. Randy Griffith spoke in opposition to a Special Election. He cited problems with the Mitigation Monitoring Program and referenced late correspondence submitted outlining his concerns. Steve Nardi spoke in opposition, citing massive grading, removal of trees, filling of valleys, traffic issues, Valley Fever, and biological impacts. He stated, if approved, the project should be required to construct the freeway interchange prior to development, and weekend construction should be prohibited. In response to Mayor Hunter, Ms. Traffenstedt summarized 8 Written Statement cards in favor and 2 in opposition to the Development Agreement. Minutes of the City Council Moorpark, California Page 6 June 1, 2005 In response to Council, Mr. Edelman described an additional wildlife crossing needed in the event the Alamos Canyon interchange is constructed on Waste Management land; and stated SMMC has limited funding mechanisms to assist in this area. CONSENSUS: It was the consensus of Council to table this item for discussion later in the meeting. AT THIS POINT in the meeting, a recess was declared. The time was 8:53 p.m. The meeting reconvened at 9:22 p.m. with Item 8.D. 8. D. Consider Final Assessment Engineer's Report for the Parks and Recreation Maintenance and Improvement Assessment District and Resolution Confirming the Levy Amount for Fiscal Year 2005/06. Staff Recommendation: 1) Open the public hearing, take public testimony, and close the public hearing; 2) Adopt Resolution No. 2005 -2331. ROLL CALL VOTE REQUIRED Ms. Lindley gave the staff report and corrected stamped page 405 of the agenda report, reducing the budget by $120,000 by removing the replacement cost for the Campus Park Restroom. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mayor Hunter closed the public hearing. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion approving the Final Assessment Engineer's Report for the Parks and Recreation Maintenance and Improvement Assessment District and adopting Resolution No. 2005 -2331 confirming the levy amount for Fiscal Year 2005/06. The motion carried by unanimous roll call vote. E. Consider Final Review and Chanaes to the Engineer's Report for Landscaping and Lighting Maintenance Assessment Districts, and Resolution Confirming the Assessments for Fiscal Year 2005/06. Staff Recommendation: 1) Open the public hearing, take public testimony, and close the public hearing; 2) Adopt Resolution No. 2005 -2332; and 3) Direct staff to present to the City Council in November 2005, a Minutes of the City Council Moorpark, California Paqe 7 June 1, 2005 Resolution amending the FY 05/06 Budget to approve certain Fund transfers required to "zero -out" FY 04/05 year -end deficits in any of the City's Assessment District Funds. ROLL CALL VOTE REQUIRED Mr. Gilbert gave the staff report. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mayor Hunter closed the public hearing. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to: 1) Adopt Resolution No. 2005- 2332; and 2) Direct staff to present to the City Council in November 2005, a Resolution amending the FY 05/06 Budget to approve certain Fund transfers required to "zero -out" FY 04/05 year -end deficits in any of the City's Assessment District Funds. The motion carried by unanimous roll call vote. F. Consider Final Review and Changes to the Engineer's Report for Assessment District 05 -01 (M &M Development - Parcel Map 5264), and Resolution Confirming the Assessment Amounts for Fiscal Year 2005/06. 1) Open the public hearing, take public testimony, and close the public hearing; 2) Approve the Engineer's Report for AD05 -01 for FY 2005/06, with no changes from the report approved by City Council Resolution No. 2005- 2323; and 3) Adopt Resolution No. 2005 -2333. ROLL CALL VOTE REQUIRED Mr. Gilbert gave the staff report. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mayor Hunter closed the public hearing. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to: 1) Approve the Engineer's Report for AD05 -01 for FY 2005/06, with no changes from the report approved by City Council Resolution No. 2005 -2323; Minutes of the City Council Mooroark, California Paae 8 June 1, 2005 and 2) Adopt Resolution No. 2005 -2333. The motion carried by roll call vote 4 -1, Councilmember Mikos dissenting. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Second Amendment to Memorandum of Understanding (MOU) Between North Park Village, LP and City of Moorpark. Staff Recommendation: Approve MOU subject to final language approval of City Attorney and City Manager. Mr. Kueny gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to approve the second amendment to the Memorandum of Understanding between North Park Village LP and the City of Moorpark, subject to final language approval of City Attorney and City Manager. The motion carried by unanimous voice vote. B. Consider Resolution Rescinding Resolution No. 93 -976 Pertaining to Parking Restriction on Miller Parkway and a Portion of Peach Hill Road and Establishing Revised Parking Restrictions on Said Streets. Staff Recommendation: Adopt Resolution No. 2005 -2334. Mr. Gilbert gave the staff report. In response to Councilmember Parvin, Mr. Gilbert stated affected residents do have a Homeowners Association, which can be notified of the changes allowing time for comments about the parking issue. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2005 -2334, rescinding Resolution No. 93 -976 pertaining to parking restrictions on Miller Parkway and a portion of Peach Hill Road and establishing revised parking restrictions on said streets, as amended, to provide notification to the Homeowners Association. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark. California Page 9 June 1, 2005 C. Consider Ordinance Amending and Replacing in Its Entirety Chapter 5.06 Cable Communications of Title 5 of the Moorpark Municipal Code. Staff Recommendation: Introduce Ordinance No. 316 for first reading. Mr. Riley gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mr. Montes read the title of Ordinance No. 316. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to waive full reading of Ordinance No. 316 and declare Ordinance No. 316 read for the first time. The motion carried by unanimous voice vote. D. Consider Authorizing the Removal of Eucalyptus Trees and Direct Tree Replanting. Staff Recommendation: Consistent with the agenda report, approve the removal of 29 mature Eucalyptus trees on Peach Hill Road, conditioned on the planting of a 24 -inch box tree in the rear yard of each property where trees are removed. Ms. Lindley gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. In response to Councilmember Parvin, Ms. Lindley stated the affected property owners would be notified of Council's approval for tree removal and would supply a list of approved replacement trees. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to: 1) Approve the removal of 29 mature Eucalyptus trees on Peach Hill Road, conditioned on the planting of a 24 -inch box tree in the rear yard of each property where trees are removed; and 2) Notification to affected property owners of Council's approval for tree removal along with a list of approved replacement trees. The motion carried by unanimous voice vote. E. Consider Awarding a Contract for the Construction of the New Corporate Yard and a Resolution Amending the Minutes of the City Council Moorpark, California Paue 10 June 1, 2005 Fiscal Year 2004/05 Budget to Increase Fundinq for the Project. Staff Recommendation: 1) Declare the bid received for McGillivray Construction to be non- responsive; 2) Approve the award of contract to Soltec- Pacific for the construction of the subject project and authorize the City Manager to execute all necessary contract documents; and 3) Adopt Resolution No 2005- increasing the funding for the project. ROLL CALL VOTE REQUIRED Mr. Gilbert gave the staff report. In response to Councilmembers Millhouse, Parvin and Mayor Hunter, Mr. Montes stated, if Council decides to award the contract to McGillivary Construction or to start over by requesting all new bids, it is recommended the hearing be continued to allow Soltek- Pacific the opportunity to be heard. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to 1) Declare the bid received for McGillivray Construction to be non - responsive; 2) Approve the award of contract to Soltec- Pacific for the construction of the subject project and authorize the City Manager to execute all necessary contract documents; and 3) Adopt Resolution No 2005- increasing the funding for the project. After discussion by Council regarding the lateness and non - responsiveness to bid procedures by McGillivary Construction; possible litigation if Soltec- Pacific were not awarded the contract; and ramifications if starting the bidding over, Councilmember Harper called the question. The motion failed by voice vote 2 -3, Councilmembers Millhouse, Parvin and Mayor Hunter dissenting. CONSENSUS: It was the consensus of the Council to table discussion of Item 9.E. Minutes of the City Council Moorpark, California Page 11 June 1, 2005 10. CONSENT CALENDAR: Mayor Hunter requested the regular meeting minutes of May 18, 2005, under Item 10.A. be pulled from the Consent Calendar for individual consideration. MOTION: Councilmember Harper Harper moved and Councilmember Parvin seconded a motion to approve the Consent Calendar with the exception of the regular minutes of May 18, 2005 under Item 10.A, which were pulled for individual consideration. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Regular Meeting of December 15, 2004. Consider Approval of Minutes of Special Meeting of May iR_ 9nn5_ Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2004 -2005 - June 1, 2005. Manual Warrants 119354 - 119355 & $1,122,420.74 Voided Warrant 118720 & 118895 & $ (1,080.00) 119257 Payroll Liability Warrants 119349 - 119353 $ 1,710.20 Regular Warrants 119356 - 119446 & $ 47,364.46 119447 - 119465 $ 321,727.83 Staff Recommendation: Approve the warrant register. C. Consider Resolution Amending the Fiscal Year 2004/05 Budget for Heating /Venting /Air Conditioning (HVAC) Cleaning. Staff Recommendation: Adopt Resolution No. 2005 -2335 amending the FY budget to appropriate $16,700 from the General Fund Reserve for HVAC Cleaning. ROLL CALL VOTE REQUIRED D. Consider Award of Contract to Premium Construction for Mountain Meadows Park Playground Improvements and Resolution Amendina the Fiscal Year 2004/05 Budget. Minutes of the City Council Moorpark, California Page 12 June 1, 2005 Staff Recommendation: Award a contract to Premium Construction in an amount not to exceed $38,630, authorize the City Manager to sign on behalf of the City, and adopt Resolution No. 2005 -2336, amending the project budget. ROLL CALL VOTE REQUIRED E. Consider Notice of Completion for the Construction of a Double Left Turn Lane on Spring Road at Tierra Rejada Road. Staff Recommendation: Accept the work as complete. F. Consider Notice of Completion for the Construction of the Spring Road Median Landscaping North of Second Street and the Replacement of the Parkway Trees on the East Side of Tierra Rejada Road South of Courtney Lane. Staff Recommendation: Accept the work as complete. G. Consider Entering into a Contractual Agreement with the Moorpark Packers of the Gold Coast Football League. Staff Recommendation: Approve the proposed use agreement with Moorpark Packer Football pending final language approval by the City Attorney and City Manager, and authorize the Mayor to sign the Agreement on behalf of the City. H. Consider Subdivision Bond Reduction for Richmond American Homes of California, Inc. (Tract 4977). Staff Recommendation: 1) Authorize the City Clerk to reduce Subdivision Bond - Street Improvements (Performance /Labor & Materials) to loo for Richmond American Homes of California, Inc. (Tract 4977); and 2) Authorize the City Clerk to fully exonerate the aforementioned sureties for Tract 4977 one year after this approval of the reduction of surety bond and upon written confirmation from the City Engineer that no warranty work is required. I. Consider Resolution Amending the Fiscal Year 2004/05 Budget for Active Adult Center Repairs and Notice of Completion for the Project. Staff Recommendation: 1) Adopt Resolution No. 2005 -2337, amending the FY 2004/05 Budget; and 2) Authorize the City Clerk to file the Notice of Completion, and release of bonds thirty -five (35) days after Notice of Completion records consistent with the contract. ROLL CALL VOTE REQUIRED Minutes of the City Council Moorpark, California Page 13 June 1, 2005 The following minutes were pulled from Item 10.A. for individual consideration: 10. A. Consider Approval of Minutes of Regular Meeting of May 18, 2005. Mayor Hunter stated he would be requesting a correction to the minutes of the regular meeting of May 18, 2005, and recommended they be brought back on June 15, 2005. CONSENSUS: It was the consensus of the Council to bring back corrected minutes of the regular May 18, 2005, meeting on June 15, 2005. 11. ORDINANCES: A. Consider Ordinance No. 315, an Ordinance of the Cit of Moorpark, Authorizing an Amendment to the Contract between the City and the Board of Administration of the California Public Employees' Retirement System (CalPERS) to Provide Section 21623.5 Retired Death Benefit. Staff Recommendation: Waive full reading and declare Ordinance No. 315 read for the second time and adopted as read. Mr. Montes read the title of Ordinance No. 315. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to waive full reading of Ordinance No. 315, declare Ordinance No. 315 read for the second time and adopted as read. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, the Council heard Item 8.B. along with returning to Item 8.C. B. Consider General Plan Amendment No. 2001 -05, Specific Plan No. 2001 -01, and Zone Change No. 2001 -02 for 1,650 Housing Units on 3,586.3 Acres Located Generally North of Moorpark College and State Route 118 on Land Immediately Outside City of Moorpark Municipal Boundaries, Applicant: North Park Village, LP. (continued from May 18, 2005, with public hearing closed) Staff Recommendation: 1) Discuss the project and direct staff as deemed appropriate; 2) Adopt Minutes of the City Council Moorpark, California Paae 14 June 1, 2005 Resolution No. 2005 -2338 certifying the Final Environmental Impact Report (EIR) ; 3) Adopt Resolution No. 2005 -2339 making EIR Findings, adopting a Mitigation Monitoring and Reporting Program, and making a Statement of Overriding Considerations; and 4) Continue the agenda item with the closed public hearing to the regular City Council meeting of June 15, 2005. Mr. Bobardt gave the staff report and answered questions from the May 18 meeting. He described minor amendments to the Mitigation Monitoring Program to include: • On stamped page 248 of the agenda report, under Section 3.1 Land Use and Related Planning Programs - Project Design Features would be amended to read, "A graded site and access road in the Nature Preserve will be previded fef the future —r1 e eat i e n—e f —the H ee r-p a-r k r _ , , . g - offered for observatory use by the Ventura County Community College District, subject to a License Agreement between the City of Moorpark and Ventura Countv Communitv Colleae District." • On stamped page 252 of the agenda report under Section 3.3 Transportation and Circulation - Project Design Features would be amended to read, "E Street will be constructed as a 48- foot to 60 -foot wide two -lane collector road..." • On stamped page 264 of the agenda report under Section 3.3 Transportation and Circulation - EIR Section /Mitigation Program, the last row would be amended to read, "A Conservation Organization shall " be chosen by the City of Moorpark (or the City of Moorpark in coordination with U.S. Fish and Wildlife Service and the California Department of Fish and Game if necessitated by any regulatory permitting requirement) �e shall manage the Nature Preserve..." • On stamped page 266 of the agenda report under Section 3.6 Biological Resources - Standard Conditions and Requirements, the following Minutes of the City Council Moorpark, California Page 15 June 1, 2005 would be added to the end of the last sentence, "...for the project at the applicant's expense." • On stamped page 276 of the agenda report under EIR Section /Mitigation Program Section No. 7. the following wording would be inserted in beginning with the fourth sentence, "The permitting process would require the preparation of a Biological Assessment for the entire Specific Plan site, including off -site improvements, which would include a mitigation plan to avoid or minimize impacts on this species. This mitigation may include avoiding the habitat of the coastal California gnatcatcher, (which may reduce the development footprint), construction, or purchase of offsite habitat to this species..." In this same row under Timing of Mitigation the entry would be amended to read, "Prior to issuance of the first grading permit fez —the aeeess feael and ., t- , e ti e • On stamped page 284 of the agenda report under Mitigation Measures No. 1 - Monitoring Action would be changed to read "Review and acceptance of Master Plan of Drainage by the City Council" • On stamped page 302 of the agenda report under Fire Protection - Project Design Features second row, the following would be added "The fire station site identified in the approved Specific Plan will be offered for dedication to the Ventura County Fire Protection District (VCFPD) consistent with the terms of the Development Agreement." • On stamped page 302 of the agenda report under Fire Protection - Project Design Features third row, the following would be added, "It will be constructed in an area mutually agreed upon by the City of Moorpark, the Ventura County Fire Protection District, and the project applicant and will be maintained by the Ventura Countv Fire Protection District." • On stamped page 308 of the agenda report under Section 3.11 Public Health and Safety - Minutes of the City Council Moorpark, California Page 16 June 1, 2005 Hazardous Materials Waste - Standard Conditions and Requirements, in the first row under Timing of Mitigation the following would be added, "Prior to the issuance of the first grading permit or conveyance of Nature Preserve land to the City." • On stamped page 308 of the agenda report under Public Health and Safety - Hazardous Materials Waste - Standard Conditions and Requirements, in the second row the following would be added in the first line "Prior to the issuance of the first grading permit or conveyance of Nature Preserve land to the City, the applicant shall..." and a final sentence would be added to read, "All oil well pumping and equipment will be removed." Mr. Bobardt stated staff has provided a revised Specific Plan in legislative format. Dana Privitt, the City's environmental consultant from Bontara Consulting, responded to late correspondence received from the U.S. Fish and Wildlife Service and from Randy Griffith, as well as to environmental comments made during the public testimony by Randy Griffith, Tom Duck, Paul Edelmen, and Steve Nardi. In response to Mayor Hunter, Mr. Kilkenny stated he is authorized to sign the Development Agreement; the issue raised in public testimony have been addressed by staff; SMMC never discussed a regional wildlife corridor; and he does not have the authority to pledge funds, but could possibly contribute $100,000. In response to Councilmembers Millhouse and Harper, Mr. Kilkenny stated the Development Agreement conveys one -third of the nature preserve to the City with each grading permit and even though the open space comes in thirds, it is still available to the public. In response to Mayor Hunter, Mr. Montes confirmed the EIR satisfies the CEQA requirement. Mayor Hunter closed the public testimony portion of the hearing for Item 8.C. and recommended continuing discussion of both Items 8.B. and 8.C. concurrently. Minutes of the City Council Moorpark, California Paae 17 June 1, 2005 MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to Adopt Resolution No. 2005 -2338 certifying: 1) The Final Program Environmental Impact Report (EIR) for the North Park Village and Nature Preserve Specific Plan Project (SCH 2002011114) has been completed in compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City CEQA Procedures 2) The Final Program EIR was presented to the City Council of the City of Moorpark, and the City Council has reviewed and considered the information contained in the Final Program EIR prior to approving the project; and 3) the Final EIR reflects the independent judgment and analysis of the City of Moorpark. The motion carried by roll call vote 4 -1, Councilmember Mikos dissenting. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2005 -2339 making EIR Findings, adopting a Mitigation Monitoring and Reporting Program as amended, and making a Statement of Overriding Considerations. In response to Mr. Kueny, Councilmember Millhouse, as the maker of the motion, and Councilmember Parvin, as the second, acknowledged the clearing of the oil fields on site as a revised mitigation measure. The motion carried by roll call vote 3 -2, Councilmember Mikos and Mayor Hunter dissenting. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to continue agenda Item 8.B. public hearing closed to June 15, 2005. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, discussion of Item 8.C. continued. 8. C. Consider Proposed Development Agreement Between North Park Village Limited Partnership and City of Moorpark Pertaining to General Plan Amendment No. 2001 -05, Specific Plan No. 2001 -01, and Zone Change No. 2001- 02. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Direct staff as deemed appropriate. (Staff: Steven Kueny) Minutes of the City Council Moorpark, California Page 18 June 1, 2005 CONSENSUS: It was the consensus of Council to have Mr. Edelman from the SMMC meet with a Caltrans biologist and staff on the project site to determine a location and cost for an additional wildlife under - crossing of State Route 118 and to report back to Council so this proposal can be added to the Development Agreement. CONSENSUS: It was the consensus of the Council to continue Item 8.C. with public hearing closed to June 15, 2005. AT THIS POINT in the meeting, the Council returned to Item 9.E. on the agenda. 9. E. Consider Awarding a Contract for the Construction of the New Corporate Yard and a Resolution Amending the Fiscal Year 2004105 Budget to Increase Funding for the Project. Staff Recommendation: 1) Declare the bid received for McGillivray Construction to be non- responsive; 2) Approve the award of contract to Soltec- Pacific for the construction of the subject project and authorize the City Manager to execute all necessary contract documents; and 3) Adopt Resolution No 2005- increasing the funding for the project. ROLL CALL VOTE REQUIRED CONSENSUS: It was the consensus of the Council to continue Item 9.E. to June 15, 2005. AT THIS POINT in the meeting, the Council continued with the remainder of the agenda. 12. CLOSED SESSION: None was held. Minutes of the City Council Moorpark, California Page 19 June 1, 2005 13. ADJOURNMENT: MOTION: Councilmember Parvin moved Councilmember Harper seconded a motion to adjourn. The otion carried by unaniryqus voice vote. The time was 11:59 p.m. -A r ATTEST: Deborah S. Traffenst Citv Clerk P ak-'fi un t'e'r ;