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HomeMy WebLinkAboutMIN 2013 1106 CC SA REG MINUTES OF THE MEETINGS OF THE MOORPARK CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK ("SUCCESSOR AGENCY") Moorpark, California November 6, 2013 A Regular Meeting of the City Council of the City of Moorpark and the Successor Agency was held on November 6, 2013, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. All items listed are heard and acted upon by the City Council unless otherwise noted. 1. CALL TO ORDER: Mayor Parvin called the meeting to order at 7:23 p.m. 2. PLEDGE OF ALLEGIANCE: Boy Scouts from Troops 706 and 707, led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin. Staff Present: Steven Kueny, City Manager; Kevin Ennis, City Attorney; Hugh Riley, Assistant City Manager; Deborah Traffenstedt, Deputy City Manager; Ron Ahiers, Finance Director; David Bobardt, Community Development Director; David Klotzle, City Engineer/Public Works Director; Jeremy Laurentowski, Parks and Recreation Director; David Moe, Redevelopment Manager; Joe Vacca, Principal Planner; Captain Wade, Sheriff's Department; and Blanca Garza, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: None. 5. PUBLIC COMMENT: Arnold Merkel, on behalf of the Roam'n Relics Car Club, thanked the City Council for their support and help with the 2013 annual car show event on High Street. He presented a framed event poster to the City and announced the next car show event is scheduled for Sunday, October 26, 2014. Klan Schulman, Secretary of the Malibu Agricultural Society, spoke in support of Item 10.T. which adopts a Resolution opposing the sale, purchase, and use of rodenticides in the City of Moorpark. Minutes of the City Council/Successor Agency Moorpark, California Page 2 November 6, 2013 Joel Schulman, a Malibu resident, spoke in support of Item 10.T. which adopts a Resolution opposing rodenticides; he thanked Mayor Parvin for initiating this Resolution, and suggested a public outreach educational campaign to inform the public. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: CONSENSUS: It was the consensus of the Council to pull Item 10.J. off of the Consent Calendar upon the request of staff. CONSENSUS: It was the consensus of the Council to pull Item 10.T. from the Consent Calendar for individual consideration upon the request of Councilmember Mikos. 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND MAYOR: Councilmember Van Dam reported on his attendance at the Friends of the Library comedy show at the Perez Family Funeral Home. Proceeds were all in support of the Friends of the Library. Councilmember Van Dam encouraged support of the South Pacific play at the High Street Arts Center, the Civil War Event at Tierra Rejada Farm, and the November 11th Veteran's Day events taking place at the Veteran's Memorial and at the Veteran's Memorial Park. Councilmember Mikos announced her attendance at the Tierra Rejada Ranch, Run through the Orchards fundraising event. Proceeds were all in support to save open space. Councilmember Mikos announced her attendance at a funeral mass for Rodney Fernandez, the founding Executive Director of Cabrillo Economic Development Corporation. She asked the meeting be adjourned in his memory. Mayor Parvin announced the City has a new website and invited the public to visit the new site to find the Photo Contest Winners, information about the 1st Annual 5K Fun Run, and Overdrive — the Library's new downloadable book service. The new website allows anyone to sign up to receive notifications for meetings and items, view City files, or search for services at www.moorparkca.gov . Mayor Parvin announced the Moorpark City Library is hosting an educational movie event for Middle and High School Students and their Parents Thursday, November 7, from 5:30 — 7:30 p.m. at the Community Center for a screening and discussion of the award winning documentary BULLY (PG-13). Minutes of the City Council/Successor Agency Moorpark, California Page 3 November 6, 2013 Mayor Parvin announced at the December 2, 2013, Parks and Recreation Commission meeting, a community meeting will be held for public input on a proposed Pedestrian/Fitness Trail at Arroyo Vista Community Park. Mayor Parvin announced the City of Moorpark will be having their first 5 K Fun Run and Fitness Challenge. The event will take place on Saturday, December 14 from 9 a.m. to 1 p.m. at the Arroyo Vista Community Park. The event will include a 5 K and a 1 mile run/walk, as well as a Health and Fitness Fair. Mayor Parvin announced the Moorpark Rotary Club's Civil War Reenactment event "The Blue and The Grey" will take place in Moorpark on November 9 and 10, 2013. 8. PUBLIC HEARINGS: A. Consider Ordinance No. 427 Amending Title 15 of the Moorpark Municipal Code by Replacing in Their Entirety Chapters 15.04, 15.08, 15.10, 15.12, 15.14, 15.16, 15.18, 15.20, and 15.22 as Well as Adopting by Reference and Amending the Current Editions of Certain Model Codes and Determination of Exemption under California Environmental Quality Act (CEQA) in Connection Therewith. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; 2) Waive full reading and declare Ordinance No. 427 read for the second time, and adopted as read; and 3) Direct staff to send the changes to the Code to the California Building Standards Commission. Mr. Bobardt gave the staff report. Mayor Parvin opened the public hearing. There were no speakers. Mayor Parvin closed the public hearing. MOTION: Councilmember Mikos moved and Councilmember Van Dam seconded a motion to waive further reading and declare Ordinance No. 427 read for the second time and adopted as read. The motion carried by unanimous roll call vote. B. Consider Resolution Approving Modification No. 1 to Residential Planned Development Permit No. 1999-02, a Request for Approval to Construct Four New House Plans for Construction of 66 Single Family Homes on Existing Lots Within the Meridian Hills Gated Community, Tract 5187, North of Meridian Hills Drive and West of Walnut Canyon Road, on the Application of Rick Bianchi, for TRI Pointe Homes, Inc. Staff Recommendation: 1) Open the public hearing, take public testimony, and Minutes of the City Council/Successor Agency Moorpark, California Page 4 November 6, 2013 close the public hearing; and 2) Adopt Resolution No. 2013- , approving Modification No. 1 to Residential Planned Development Permit No. 1999-02 subject to Conditions of Approval. AT THIS POINT in the meeting, Councilmember Pollock recused himself from participation in the discussion, as he is a resident of the Meridian Hills development. He left the dais at 7:42 p.m. Councilmember Van Dam disclosed he has had numerous e-mails and resident contacts regarding this item; and he has had a conversation with Mr. Recupero on this topic. • Mayor Parvin disclosed she had conversations with Mr. Recupero relative to this item on November 5 and 6, 2013. Mr. Vacca gave the staff report. Mayor Parvin opened the public hearing. Rick Bianchi, representing the Applicant, TRI Pointe Homes, stated his team was present to answer questions. He described their proposal; provided background on the history and the present community outreach actions taken by TRI Pointe Homes; and stated TRI Ponte Homes is in agreement with the new conditions as described in the agenda report, which includes two additional plan types that are larger at 2,679 and 4,774 square feet and indicated the six plans will mimic the existing architectural styles with existing elevation styles but will have revised floor plans. Mr. Bianchi requested the approval by Council be applicable to the 66 lots as well as the balance of the 117 lots for a total of 183. He requested a modification to the condition for the trail completion to tie it to the zone clearance of the 45th building permit, which would allow time to obtain permits with Caltrans, the Army Corps of Engineers, and California Department of Fish and Wildlife. This would allow TRI Pointe to complete the houses adjacent to existing residences in the existing community. Hans Ander le, Architect with Bassenian Lagoni Architects described the new Plan 2 floor plan. Mike Recupero, Recupero & Associates, 31877 Del Obispo No. 204, San Juan Capistrano, California, representing Resmark Equity the owner of the property, spoke in regard to a letter he submitted to the Council related to completion of the multi-use trail. He proposed a condition that the trail be "initiated" by the 45th building permit allowing the first set of homes to be completed in the existing neighborhood. Mr. Recupero spoke about the ongoing problems in regard to landscape maintenance and requested oversight by a Councilmember on an Ad Hoc Committee. Minutes of the City Council/Successor Agency Moorpark, California Page 5 November 6, 2013 A discussion followed among the Councilmembers and the applicant representatives which focused on: 1) The timing for completion of model homes; 2) The access to the recreation area; 3) Obligations of TRI Pointe Homes beyond the 66 homes; 4) Clarification that TRI Point Homes has a fee builder relationship with the property owner Resmark Companies which is a contractual agreement to construct the remaining homes and comply with all the conditions of approval; 5) The multi-purpose trail is the responsibility of Resmark; 6) Clarification that only 66 homes are under consideration with this application based on the appropriate number to fill in gaps within the existing community and how the four models work out with that number; 7) TRI Pointe Homes will be building homes with identical elevations to the existing homes; but with updated floor plans; 8) The current application is only for the 66 homes and would not apply to the remaining 117 lots; and 9) Clarification that this approval is for only the 66 homes with the application of two new conditions and the 117 homes cannot be included in this approval. Taylor Hodoose, a Meridian Hills resident, stated he is surprised by the applicant's acquiescence to the two additional house plans with increased square footage as he came prepared to state his opposition to the proposal along with 75% of the homeowners of Meridian Hills who have signed a petition to keep the same exteriors and seven floor plans to maintain like-kind and quality for the whole development. Mr. Hodoose provided information that with the construction of a 67th house there is a requirement to install a water tank and that is why the developer wants to stop at 66. Mike Morse, a Meridian Hills resident, stated he was shocked to find that six models are now required as he was opposed to the proposal as initially presented. He stated it is more important to retain the variety and number of elevation than to restrict the changes in floor plans. Robert Chen, a Meridian Hills resident, stated he had been in opposition to the proposal as initially presented and is grateful to staff for the condition to increase the number of models. He requested the City maintain vigilance in making sure the conditions are met. Howard Yaras, a Meridian Hills resident, stated he had originally been in favor of the four models; but after further consideration does not want to compromise and wants the seven original models or at least the six required by staff's condition. Edward (Pete) Peters, a Moorpark resident adjacent to the Meridian Hills development and owner of a horse ranch, described the long troubled history of the proposed multi-use trail for this project on property he donated. Minutes of the City Council/Successor Agency Moorpark, California Page 6 November 6, 2013 Russell Peters, a Moorpark resident, also described the problems associated with working with the applicant on completing the multi- purpose trail and the landscape and road maintenance associated with it. He requested the Council make the applicant finish the trail before constructing the new homes. Matt Joseph, a Meridian Hills resident, spoke in opposition to the proposal for a reduction to four models and decrease in square footage and wants the original plan to stand. He concurred with Mr. Peters' request to require the trail completion before construction of the homes. John Weymouth, Jr. a Meridian Hills resident, stated he was surprised by the new conditions to increase the number of models as he was originally in opposition to the proposal. He requested a requirement for more two- story homes to allow for more families to reside in Moorpark. John Weymouth, Sr. a Meridian Hills resident, also stated he was surprised by the new conditions; but still spoke in opposition to the new proposal citing the need to keep the plans for seven models with the same or greater square footage and to keep the ratio of single-story to two-story homes the same as the original approved plans. Lisa Pope, a Meridian Hills resident, spoke in opposition to the proposal despite the additional conditions, as the new plans do not meet the City's Design Guidelines definition of "Executive Style" homes as promised in the original plans. Philip Frank, a Meridian Hills resident, spoke in opposition to the proposal and requested that the new plan should adhere closely to the original plan. He stated he believes the Council will protect the residents' quality of life and what is best for the community. David Tuttle, a Meridian Hills resident, stated he concurs with his neighbors that the seven models and square footage of the original plans should remain. He requested the trail be completed prior to the construction of any new homes with a mind to safety, fire abatement, and landscape maintenance. Scott Mosher, Chief Professional Officer of the Moorpark Boys and Girls Club thanked TRI Point Homes for their support of the Boys and Girls Club. CONSENSUS: It was the consensus of the Council to hear from a late speaker. Minutes of the City Council/Successor Agency Moorpark, California Page 7 November 6, 2013 Steve Bordon, a Meridian Hills resident and member of the Board of the Meridian Hills Homeowners Association, stated he is in favor of the new proposal with its more modern approach to floor plans and the additional two models required for a total of six. In response to Mayor Parvin, Ms. Garza summarized one Written Statement card from Edgard Vargas in opposition to changing from the original size and style of homes previously approved for this development. Mr. Bianchi stated he wanted to add that the statements made by residents regarding the requirement for building a water tank upon construction of a 67th home are correct. In response to Mr. Bianchi, Mr. Ennis deferred to staff in regard to whether the existing entitlement to build 183 homes with the same elevations and floor plans is still in place. Mr. Vacca stated that an approved Residential Planned Development Permit No. 1999-02 for seven floor plans and all the iterations are already on file and still stands. Mr. Bobardt stated the Building Code has changed several times since those plans were originally approved so they might have to do some structural changes, but the architectural design is still valid. Mr. Bianchi stated TRI Pointe would like to withdraw this application and will apply for building permits to move forward with construction of the originally approved plans. A discussion followed among the Councilmembers regarding any legalities involved, outstanding code compliance conditions, the construction of the multi-purpose trail and whether this hearing should be continued to another meeting. Mr. Kueny stated staff can provide Council with a box item report or agenda report containing any outstanding items that would preclude obtaining a building permit without continuing this hearing. Mayor Parvin closed the public hearing. No further action was taken due to application withdrawal by the applicant. AT THIS POINT in the meeting, Councilmember Pollock returned to the meeting. The time was 9:54 p.m. 9. PRESENTATION/ACTION/DISCUSSION: A. Consider Resolution Amending the City of Moorpark Franchise Agreements with G.I. Industries and Moorpark Rubbish Disposal, for both Residential and Commercial Solid Waste Services, and Authorize the City Manager to Execute the Amendments to the Agreements to Extend Term to June 30, 2014. Staff Recommendation: 1) Adopt Resolution No. 2013- Minutes of the City Council/Successor Agency Moorpark, California Page 8 November 6, 2013 3234, Amendment to City of Moorpark Franchise Agreements between the City of Moorpark and G.I. Industries and the City of Moorpark and Moorpark Rubbish Disposal for Providing Commercial Solid Waste and Recycling Services and Residential Solid Waste and Recycling Services to Extend Term to June 30, 2014; and 2) Authorize the City Manager to execute the amendments to the Franchise Agreements subject to final language approval of the City Manager and City Attorney. Mr. Klotzle gave the staff report. There were no speakers. MOTION: Councilmember Mikos moved and Mayor Parvin seconded a motion to adopt Resolution No. 2013-3234, amendment to City of Moorpark Franchise Agreements between the City of Moorpark and G.I. Industries and the City of Moorpark and Moorpark Rubbish Disposal for Providing Commercial Solid Waste and Recycling Services and Residential Solid Waste and Recycling Services to Extend Term to June 30, 2014; and Authorize the City Manager to execute the amendments to the Franchise Agreements subject to final language approval of the City Manager and City Attorney. The motion carried by unanimous voice vote. B. Consider First Amendment to Subdivision Improvement Agreement and Final Map Approval for Tract Map No. 5425 — Shea Homes. Staff Recommendation: 1) Authorize the Mayor to execute the First Amendment to Subdivision Improvement Agreement for Tract No. 5425, Shea Homes, subject to final language approval by the City Manager and City Attorney; 2) Direct the Community Development Director to issue a Permit Adjustment to amend the Conditions of Approval related to the Final Map as addressed in the agenda report; and 3) Authorize the Mayor and City Clerk to sign Tract Map 5425 after the language for additional offer of dedication and acceptance as described in the agenda report has been added to Tract Map 5425, and authorize the Clerk to cause Tract Map 5425 to be recorded in the Office of the Ventura County Recorder. Mr. Klotzle gave the staff report. There were no speakers. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded an amended motion authorizing the Mayor to execute the First Amendment to Subdivision Improvement Agreement for Tract No. 5425, Shea Homes, subject to final language approval by the City Manager and City Attorney; direct the Community Development Director to issue a Permit Adjustment to amend the Conditions of Approval related to the Final Map as addressed in the agenda report; and approve the Final Tract Map 5425 and Authorize the Mayor and City Clerk to sign the Final Tract Map 5425 after the language for additional offer of dedication and acceptance as described in the agenda Minutes of the City Council/Successor Agency Moorpark, California Page 9 November 6, 2013 report has been added to the Final Tract Map 5425, and authorize the Clerk to cause the Final Tract Map 5425 to be recorded in the Office of the Ventura County Recorder. The motion carried by unanimous voice vote. 10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) CONSENSUS: It was the consensus of the Council to additionally pull Item 10.1. from the Consent Calendar at the request of staff. MOTION: Councilmember Millhouse moved and Councilmember Van Dam seconded a motion to approve the Consent Calendar with the exception of Items 10.1, 10.J, and 10.T. which were pulled for individual consideration. The motion carried by unanimous roll call vote. A. Consider Minutes of Special City Council Meeting of September 4, 2013. Staff Recommendation: Approve the minutes. B. Consider Minutes of Regular City Council Meeting of September 4, 2013. Staff Recommendation: Approve the minutes. C. Consider Minutes of Special City Council Meeting of October 2, 2013. Staff Recommendation: Approve the minutes. D. Consider Minutes of Special City Council Meeting of October 16, 2013. Staff Recommendation: Approve the minutes. E. Consider Warrant Register for Fiscal Year 2013/14 — November 6, 2013. Staff Recommendation: Approve the warrant register. F. Consider Approval to Write Off Delinquent Non-Sufficient Fund (NSF) Accounts Receivable Issued Prior to July 1, 2011 . Staff Recommendation: Authorize staff to write off $7,007.22 outstanding non- sufficient fund (NSF) accounts receivable issued prior to July 1, 2011. ROLL CALL VOTE REQUIRED. G. Consider a Cooperative Agreement with the State Department of Health Services and Agencies Applying Pesticides for Public Health Purposes. Staff Recommendation: Approve the Cooperative Agreement and authorize the Mayor to execute the Agreement on behalf of the City. H. Consider Report of 2013 Annual Development Agreement Review, Established in Connection with Planning Area No. 7 of the Moorpark Highlands Specific Plan No. 2, Tract No. 5860, Located at the Southeast Corner of Elk Run Loop and Ridgecrest Drive, on the Application of Pardee Homes. Staff Recommendation: 1) Accept the Community Development Director's report and recommendation, on the basis of Minutes of the City Council/Successor Agency Moorpark, California Page 10 November 6, 2013 substantial evidence, that Pardee Homes, has complied in good faith with the terms and conditions of the agreement; and 2) Deem the 2013 annual review process complete. K. Consider Resolution Reestablishing Parking Restrictions and Exemptions for Street Sweeping and Rescinding Resolution No. 93-985 and Resolution No. 95-1121 . Staff Recommendation: Adopt Resolution No. 2013-3235, Reestablishing Parking Restrictions and Exemptions for Street Sweeping and Rescinding Resolution No. 93-985 and Resolution No. 95- 1121. L. Consider an Agreement with Pederson Fence and Patio Company, Inc. for Fencing Repair and Installation Services and Authorize the City Manager to Execute the Agreement. Staff Recommendation: 1) Award a contract to Pederson Fence and Patio Co. Inc., for a total cost of $48,482.00, which includes a ten percent contingency in the amount of $4,407.00 for fencing repair and installation services at the six locations described in the agenda report; and 2) Authorize the City Manager to execute the Agreement, subject to final language approval by the City Manager. M. Consider Resolution Amending the Fiscal Year 2013/14 Budget for Security Camera Consultant. Staff Recommendation: Adopt Resolution No. 2013-3236. ROLL CALL VOTE REQUIRED. N. Consider Resolution of Intent to Annex Shea Homes Tentative Tract 5425 to Landscaping and Lighting Maintenance Assessment District 06-01, Preliminarily Approve the Engineer's Report, and Provide Notice of Public Hearing on November 20, 2013. Staff Recommendation: Adopt Resolution No. 2013-3237 of intent to annex Tentative Tract 5425 into Assessment District 06-01, preliminarily approve the Engineer's Report, and provide notice of a public hearing on November 20, 2013. O. Consider 5K Fun Run and Fitness Challenge Event, a Resolution Amending the Fiscal Year (FY) 2013/14 General Fund Budget in the Amount of $8,000.00 for the Event, and an Event Partnership with the American Cancer Society. Staff Recommendation: 1) Approve staff recommendation to hold a 5K Fun Run and Fitness Challenge; 2) Approve event partnership with the American Cancer Society; and 3) Adopt Resolution No. 2013-3238, amending the FY 2013/14 General Fund Budget in the amount of $8,000.00 to fund the 5K Fun Run and Fitness Challenge. ROLL CALL VOTE REQUIRED. P. Consider an Agreement with Great Western Installations, Inc. for Playground Equipment Repair and Installation Services and Resolution Amending the Fiscal Year (FY) 2013/14 Budget. Staff Recommendation: 1) Award a contract to Great Western Installations, Inc. for a total cost of Minutes of the City Council/Successor Agency Moorpark, California Page 11 November 6, 2013 $11,420.00, which includes a fifteen percent contingency in the amount of $1,490.00 and authorize the City Manager to execute the Agreement, subject to final language approval of the City Manager; and 2) Adopt Resolution No. 2013-3239 amending the FY 2013/14 budget to appropriate $11,190.00 from the General Fund (1000) for the repair and purchase of playground equipment at the parks described in the agenda report. ROLL CALL VOTE REQUIRED Q. Consider Purchase and Sale Agreement Between the City of Moorpark and Shea Homes, Limited Partnership, Memorializing the Affordability Requirements for Tract Map No. 5425. Staff Recommendation: Approve the Purchase and Sale Agreement, subject to final language approval by the City Manager and City Attorney; authorize City Manager to execute said Purchase and Sale Agreement; and direct the City Clerk to cause said Purchase and Sale Agreement to be recorded in the Office of the Recorder of the County of Ventura. R. Consider Amendment Number 7 for Contract No. 2011-107 with Standard Drywall, Inc. for the Ruben Castro Human Services Center and Authorizing Release of Contract Retention for the Completed Work. Staff Recommendation: 1) Approve Amendment No. 7 considering actual construction included in Contract 2011-107 inclusive of previously approved Amendments 1, 2, 3, 4 and 6 as construction Phase A and considering actual construction included in previously approved Amendment #5 (exterior shade structure element) as Phase B; and 2) Consider actual construction included in Contract 2011-107 inclusive of previously approved Amendments 1, 2, 3, 4 and 6 (Phase A) as complete and in beneficial use by the City commencing on October 1 , 2012 and authorize the City Clerk to approve the release of remaining contract retention balance for Phase A of $115,412.24. S. Consider Authorization for Recordation of a Notice of Completion for City of Moorpark Contract # 2011-107 — Phase A; Bid Package #12 — Finishes — Standard Drywall, Inc. for the Ruben Castro Human Services Center. Staff Recommendation: Authorize the City Clerk to file a Notice of Completion for the specified work (Phase A), and authorize the release of the project bonds as described in the staff report. U. Consider Procurement of Maintenance Vehicles. Staff Recommendation: Direct staff to purchase two (2), 2014 F-150 pickup trucks at an estimated cost of $47,000, using the $50,000 equipment replacement funds currently appropriated and available in the Fiscal Year 2013/14 budget. V. Consider Authorization to Amend Account Clerk position in place of Secretary I Position in the Finance Department and Secretary I Position in Place of Recreation Assistant Position in the Parks, Recreation and Minutes of the City Council/Successor Agency Moorpark, California Page 12 November 6, 2013 Community Services Department. Staff Recommendation: Approve filling the current position vacancy in the Finance Department with either an Account Clerk I or II and reassignment of the Secretary I position from the Finance Department to the Recreation Division of the Parks, Recreation and Community Services Department. W. (SUCCESSOR AGENCY) Consider Lease Agreement with Tom Lindstrom RV Sales, Inc. Staff Recommendation: 1) Retroactively approve Lease Agreement with Tom Lindstrom RV Sales, Inc. for the period of April 1, 2013, to September 30, 2013; and 2) Approve current Lease Agreement with Tom Lindstrom RV Sales, Inc. for the period of November 1, 2013, to January 31, 2014 or April 30, 2014 with the 90-day extension, subject to final language approval of the Executive Director. The following items were pulled for individual consideration. Consider Report of 2013 Annual Development Agreement Review, Established in Connection with Moorpark Highlands Specific Plan No. 2, a Master Planned Community, Located East of Walnut Canyon Road and North of Charles Street, on the Application of Pardee Homes (Planning Areas 1, 4, 5 and 6), Richmond American (Planning Areas 2-3), and Toll Brothers Inc. (Planning Areas 8-9). Staff Recommendation: 1) Accept the Community Development Director's report and recommendation that, on the basis of substantial evidence, Pardee Homes has complied in good faith with the terms and conditions of the agreement; and 2) Deem the 2013 annual review process complete. Councilmember Millhouse stated he had this item pulled as he is a resident of the Country Club Estates Project built by Toll Brothers and a portion of the Moorpark Highlands Development is being built by Toll Brothers so he wants the record to show he is abstaining from voting on this item. MOTION: Mayor Parvin moved and Councilmember Pollock seconded a motion to approve staff recommendation. The motion carried by voice vote 4-0, Councilmember Millhouse abstaining. J. Consider Report of 2013 Annual Development Agreement Review, Established in Connection with Canyon Crest Ranch Partners-Moorpark,, LLC (Birdsall), Located on Approximately 42.4 Acres East of Walnut Canyon Road at Championship Drive (Tentative Tract Map 5437), on the Application of Canyon Crest Ranch Partners-Moorpark, LLC (Birdsall). Staff Recommendation: 1) Accept the Community Development Director's report and recommendation, on the basis of substantial evidence, that Canyon Crest Ranch Partners-Moorpark, LLC (Birdsall), has complied in Minutes of the City Council/Successor Agency Moorpark, California Page 13 November 6, 2013 good faith with the terms and conditions of the agreement; and 2) Deem the 2013 annual review process complete. MOTION: Mayor Parvin moved and Councilmember Van Dam seconded a motion to take the item off of the Consent Calendar. The motion carried by unanimous voice vote. T. Consider Resolution Opposing the Sale, Purchase and Use of Anticoagulant Rodenticides in the City of Moorpark. Staff Recommendation: Adopt Resolution No. 2013-3240. MOTION: Councilmember Mikos moved and Mayor Parvin seconded a motion to approve staff recommendation as amended to include a public outreach. The motion carried by unanimous voice vote. 11. ORDINANCES: (ROLL CALL VOTE REQUIRED) A. Consider Ordinance No. 424 Approving Zoning Ordinance Amendment No. 2013-05, to Amend Section E (Public and Semi-Public Uses) of Table 17.20.060 of Section 17.20.060 (Permitted Uses in Commercial and Industrial Zones), of Chapter 17.20 (Uses by Zone), of Title 17 (Zoning), of the Moorpark Municipal Code Related to Health Clubs, Gymnasiums, Fitness Centers, and Fitness Studios, and Making a Determination of Exemption under CEQA in Connection Therewith. Staff Recommendation: Waive full reading, declare Ordinance No. 424 read for the second time, and adopted as read. ROLL CALL VOTE REQUIRED Mr. Ennis read the title of Ordinance No. 424. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to waive full reading and declare Ordinance No. 424 read for the second time and adopted as read. The motion carried by unanimous roll call vote. B. Consider Ordinance No. 425 Approving Zoning Ordinance Amendment No. 2013-06 Amending Part C of Section 17.32.050 (Parking Space Standards and Striping), of Chapter 17.32 (Off-Street Parking Requirements), of Title 17 (Zoning), of the Moorpark Municipal Code, Related to Tandem Parking, and Recommending that the City Council Make a Determination of Exemption under CEQA in Connection Therewith on the Application of City Ventures, LLC. Staff Recommendation: Waive full reading, declare Ordinance No. 425 read for the second time, and adopted as read. ROLL CALL VOTE REQUIRED Mr. Ennis read the title of Ordinance No. 425. Minutes of the City Council/Successor Agency Moorpark, California Page 14 November 6, 2013 MOTION: Mayor Parvin moved and Councilmember Van Dam seconded a motion to waive full reading and declare Ordinance No. 425 read for the second time and adopted as read. The motion carried by unanimous roll call vote. C. Consider Ordinance No. 426 Approving Amendment No. 1 to the Development Agreement by and between the City of Moorpark and Shea Homes, Limited Partnership for Vesting Tentative Tract Map No. 5425 to Adjust the Affordable Housing Requirement and Finding the Previously Adopted Mitigated Negative Declaration Applicable. Staff Recommendation: Waive full reading, declare Ordinance No. 426 read for the second time, and adopted as read. ROLL CALL VOTE REQUIRED Mr. Ennis read the title of Ordinance No. 426. MOTION: Mayor Parvin moved and Councilmember Pollock seconded a motion to waive full reading and declare Ordinance No. 426 read for the second time and adopted as read. The motion carried by unanimous roll call vote. 12. CLOSED SESSION: None was held. AT THIS POINT in the meeting, Mr. Kueny announced the Council would be reconvening the special City Council meeting after the adjournment of the regular City Council meeting. 13. ADJOURNMENT: MOTION: Mayor Parvin moved and Councilmember Mikos seconded a motion to adjourn the meeting in memory of Rodney Fernandez of Cabrillo Economic Development Corporation. The motion carried by unanimous voice vote. The time was 10:06 p.m. .A1 Alte Ja ce S. Parvin, Mayor ATTEST: 11".\ 44001 Tv:"• 0 p., Maureen Benson, City Clerk 4 rep 3%.1-