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CC Resolution No. 2013-3225
Ordinance No. 423
SA Resolution No. SA-2013-7
MEETINGS OF MOORPARK CITY COUNCIL AND
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK ("SUCCESSOR AGENCY")
REGULAR MEETING AGENDA
WEDNESDAY, OCTOBER 2, 2013
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
All items listed are heard and acted upon by the Moorpark City Council unless otherwise noted.
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. PROCLAMATIONS AND COMMENDATIONS:
A. Presentation of a Painting from the Family of Stephen Anderson.
5. PUBLIC COMMENT:
All writings and documents provided to the majority of the City Council regarding all open-session agenda items are
available for public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business
hours. The agenda packet for all regular City Council meetings is also available on the City's website at
www.ci.mooroark.ca.us.
Any member of the public may address the Council during the Public Comments portion of the Agenda, unless it is a
Public Hearing or a Presentation/Action/Discussion item.Speakers who wish to address the Council concerning a Public
Hearing or Presentations/Action/Discussion item must do so during the Public Hearing or Presentations/Action/
Discussion portion of the Agenda for that item.Speaker cards must be received by the City Clerk for Public Comment prior
to the beginning of the Public Comments portion of the meeting; for a Presentation/Action/Discussion item, prior to the
Mayor's call for speaker cards for each Presentation/Action/Discussion agenda item;and for a Public Hearing item,prior to
the opening of each Public Hearing,or beginning of public testimony for a continued hearing.A limitation of three minutes
shall be imposed upon each Public Comment and Presentation/Action/Discussion item speaker.A limitation of three to
five minutes shall be imposed upon each Public Hearing item speaker.Written Statement Cards may be submitted in lieu
of speaking orally for open Public Hearings and Presentation/Action/Discussion items. Any questions concerning any
agenda item may be directed to the City Clerk's office at 517-6223.
Moorpark City Council/Successor Agency
October 2, 2013 Regular Meeting Agenda
Page 2
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
(Pursuant to Council Rules of Procedure, Section 2.9, Items to be
withdrawn from the Consent Calendar shall be identified at this time.)
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND
MAYOR:
8. PUBLIC HEARINGS:
A. Consider Resolution Approving Modification No. 1 to Residential Planned
Development 2003-04 a Request for Approval of Two New House Plans
and Modification of Three Existing Previously Approved House Plans at
Tract 5463 (Masters at Moorpark Country Club), and Finding the
Previously Adopted Mitigated Negative Declaration Applicable, Located on
the North Side of Championship Drive East of Grimes Canyon Road, on
the Application of Toll Bros, Inc. Staff Recommendation: 1) Open the
public hearing, accept public testimony, and close the public hearing; and
2) Adopt Resolution No. 2013- , approving Modification No. 1 to
Residential Planned Development Permit No. 2003-04, subject to
Conditions of Approval and finding the previously adopted Mitigated
Negative Declaration applicable. (Staff: David Bobardt)
9. PRESENTATION/ACTION/DISCUSSION:
A. Consider Report on the Ventura County Animal Services Efforts to
Achieve "No Kill" Status at the County Animal Shelter. Staff
Recommendation: 1) Hear presentation from Interim Animal Services
Director, Donna Gillesby; and 2) Direct staff as deemed appropriate.
(Staff: Dave Klotzle) '
B. Presentation on CASA (Court Appointed Special Advocates) of Ventura
County by Executive Director, Miriam Mack.
C. Consider a Resolution Initiatinci a General Plan Amendment for the 2014-
2021 Housing Element Update. Staff Recommendation: 1) Review the
draft 2014-2021 Housing Element, receive public comments, and provide
direction as appropriate; and 2) Adopt Resolution No. 2013- , initiating
a General Plan Amendment for the 2014-2021 Housing Element update.
(Staff: David Bobardt)
Moorpark City Council/Successor Agency
October 2, 2013 Regular Meeting Agenda
Page 3
9. PRESENTATION/ACTION/DISCUSSION: (continued)
D. Consider Recommended Survey Approach for the City of Moorpark Voter
Opinion Survey and Nominate and Appoint Two (2) City Councilmembers
to Participate on the Ad-Hoc Committee for the Voter Opinion Survey.
Staff Recommendation: 1) Approve the recommended survey approach;
and 2) Nominate and appoint two (2) City Councilmembers to participate
on the ad hoc committee for the Voter Opinion Survey. (Staff: Jennifer
Mellon)
E. Consider: 1) An Ordinance Amending Section 8.14.140 (Prohibition
Against Maintaining Graffiti on Private Property) of Chapter 8.14 (Graffiti),
of Title 8 (Health and Safety) of the Moorpark Municipal Code and Making
a Determination of Exemption under CEQA in Connection Therewith; and
2) A Council Policy Related to Enforcement of This Section. Staff
Recommendation: 1) Introduce Ordinance No. for first reading, waive
full reading, and schedule second reading and adoption for October 16,
2013; and 2) Adopt Policy 4.5, Enforcement of Section 8.14.140 of the
Moorpark Municipal Code on Residential Properties, to be incorporated
into the next update of the City Council Policies Resolution. (Staff: David
Bobardt)
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Minutes of Special Joint City Council/Parks and Recreation
Commission Meeting of April 10, 2013. Staff Recommendation: Approve
the minutes.
B. Consider Minutes of Special Joint City Council/Planning Commission
Meeting of April 24, 2013. Staff Recommendation: Approve the minutes.
C. Consider Minutes of Special City Council Meeting of June 19, 2013. Staff
Recommendation: Approve the minutes.
D. Consider Minutes of Regular City_Council/Successor Agency Meeting of
June 19, 2013. Staff Recommendation: Approve the minutes
E. Consider Minutes of Regular City Council/Successor Agency Meeting of
July 17, 2013. Staff Recommendation: Approve the minutes.
F. Consider Warrant Register for Fiscal Year 2013/14 — October 2, 2013.
Staff Recommendation: Approve the warrant register.
Moorpark City Council/Successor Agency
October 2, 2013 Regular Meeting Agenda
Page 4
10. CONSENT CALENDAR: (continued)
G. Consider Resolution Amending the Fiscal Year 2013/14 Budget to Fund
the Procurement of Recycling Receptacles on High Street. Staff
Recommendation: Adopt Resolution No. 2013- , amending the FY
2013/14 Budget to appropriate $6,700 from Solid Waste AB 939 Fund
(5001). ROLL CALL VOTE REQUIRED (Staff: Dave Klotzle)
H. Consider Authorization for Recordation of the Notice of Completion for
Demolition of Structures at 65 First Street and Release of Bonds in
Accordance with the Contract. Staff Recommendation: Authorize the City
Clerk to file the Notice of Completion, and release the project bonds as
outlined in the agenda report. (Staff: Jessica Sandifer)
I. Consider: 1) Report of Annual Development Agreement Review
Established in Connection with Moorpark West Studios; and 2) A One-
Year Extension for Industrial Planned Development No. 2009-01 and
Conditional Use Permit No. 2009-01, Located on 44 Acres on the North
Side of Los Angeles Avenue West of Gabbert Road, on the Application of
Los Angeles Avenue LLC PEGH Investments, LLC, The Kevin Newburg
Trust and the Richard S. Held Enterprises Retirement Trust. Staff
Recommendation: 1) Accept the Community Development Director's
report and recommendation that, on the basis of substantial evidence, Los
Angeles Avenue LLC, PEGH Investments, LLC, The Kevin Newburg
Trust, and the Richard S. Held Enterprises Retirement Trust have
complied in good faith with the terms and conditions of the agreement; 2)
Deem the annual review process complete; and 3) Direct the Community
Development Director to issue a letter granting a one-year extension of
Industrial Planned Development No. 2009-01 and Conditional Use Permit
No. 2009-01 (Moorpark West Studios), to November 18, 2014. (Staff:
David Bobardt)
J. Consider Report of Annual Development Agreement Review Established
in Connection with The Masters at Moorpark Country Club Estates,
Located on 43.04 Acres North of Championship Drive and East of Grimes
Canyon Road (Tract 5463) on the Application of Toll Brothers, Inc. Staff
Recommendation: 1) Accept the Community Development Director's
report and recommendation that, on the basis of substantial evidence, Toll
Brothers Inc. has complied in good faith with the terms and conditions of
the agreement; and 2) Deem the annual review process complete. (Staff:
David Bobardt)
K. Consider Cancellation of January 1, 2014, Regular Meeting. Staff
Recommendation: Direct staff to post a notice of meeting cancellation for
January 1, 2014. (Staff: Maureen Benson)
Moorpark City Council/Successor Agency
October 2, 2013 Regular Meeting Agenda
Page 5
10. CONSENT CALENDAR: (continued)
L. Consider Amendment No 2 to Agreement with Library Systems and
Services, LLC (LSSI). Staff Recommendation: Authorize the City
Manager to execute Amendment No. 2 to the Agreement with LSSI,
subject to final language approval by the City Manager. (Staff: Jennifer
Mellon)
M. Consider Adopting City Affordable Housing Spending Plan for Fiscal Year
2013/14 — Fiscal Year 2020/21 . Staff Recommendation: Adopt Fiscal
Year 2013/14 — 2020/21 City Affordable Housing Spending. (Staff:
David Moe)
N. Consider Authorizing Use of North Metrolink Parking Lot on High Street to
Support the Annual Roam'N Relics Car Show on October 27, 2013, Waive
Rental Fee and Require Reimbursement of City Liaison Time. Staff
Recommendation: Approve the use of north Metrolink parking lot; waive
rental fee; and require Club to provide the City with an indemnification
agreement naming the City as additional insured in the insurance policy.
(Staff: David Moe)
O. Consider Resolution Amending the Fiscal Year 2012-13 Budget to
Transfer Expenses for the Slurry Seal Citywide Project from the City Wide
Traffic Mitigation Fund (2002) and HUT 2103 Fund (2606) to Prop 1B
Local Streets and Roads Fund (2611). Staff Recommendation: Adopt
Resolution No. 2013- amending the fiscal year 2012/2013 budget.
ROLL CALL VOTE REQUIRED (Staff: Ron Ahlers)
P. Consider Award of Contract for State Highway 118 (Los Angeles Avenue)
Widening from Maureen Lane to Leta Yancy Road (Project 8058). Staff
Recommendation: 1) Deny the August 29, 2013, bid protest from J & H
Engineering; 2) Award a construction contract to Sully-Miller Contracting
Company, and authorize the City Manager to execute the construction
contract in the amount of $747,431.00, subject to final language approval
by the City Manager and City Attorney; and 3) Authorize the City Manager
to amend the construction contract for project contingencies in an amount
not to exceed $75,000.00, if and when the need arises, for extra work and
services. (Staff: Dave Klotzle)
Moorpark City Council/Successor Agency
October 2, 2013 Regular Meeting Agenda
Page 6
10. CONSENT CALENDAR: (continued)
Q. Consider Agreement with Fugro Consultants Inc. for Engineering
Services for Investigation of Groundwater Exfiltration and Seepage
Conditions on Tierra Rejada Road between Spring Road and Miller
Parkway and a Resolution Amending the Fiscal Year 2013/14 Budget to
Fund the Investigation. Staff Recommendation: 1) Authorize the City
Manager to award a consultant agreement for engineering services to
Fugro Consultants, Inc. in an amount not to exceed $48,100.00, subject to
final language approval by the City Manager and City Attorney; and 2)
Adopt Resolution No. 2013- , amending the FY 2013/14 Budget to
appropriate $48,100.00 from HUT 2103 Fund (Fund 2606) to fund the
subject services. ROLL CALL VOTE REQUIRED (Staff: Dave Klotzle)
R. Consider Conceptual Plans for a Recreational Trail System at Arroyo Vista
Community Park (AVCP) (CIP Projects 7712, 7713, 7852) and Resolution
Amending the Fiscal Year 2013/14 Budget for Civil Engineering and
Lighting Services. Staff Recommendation: 1) Approve the conceptual
plans for a recreation trail system at Arroyo Vista Community Park; 2) And
adopt Resolution No. 2013- , amending the FY 2013/14 Budget to
fund the civil engineering and lighting services. ROLL CALL VOTE
REQUIRED (Staff: Jeremy Laurentowski)
11. ORDINANCES:
A. Consider Second Reading of Ordinance No. 419 Approving Zoning
Amendment No 2013-04• An Amendment to Section A (Retail and
Service Uses) of Table 17.020.060 of Section 17.20.060 (Permitted Uses
in Commercial and Industrial Zones) of Title 17 (Zoning) of the Moorpark
Municipal Code to Allow Retail Uses in the M-1 Zone with a Conditional
Use Permit when Immediately Adjacent to a Freeway Interchange, on the
Application of Manny Asadurian, Jr. (continued from Adjourned
Regular meeting of September 11, 2013) Staff Recommendation:
Continue second reading to October 16, 2013. (Staff: David Bobardt)
12. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Subdivision (b) of Section
54956.9 of the Government Code: (Number of cases to be discussed - 4)
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)
Moorpark City Council/Successor Agency
October 2, 2013 Regular Meeting Agenda
Page 7
12. CLOSED SESSION: (continued)
C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Subdivision (b) of Section 54957 of the Government Code)
Title: City Manager and City Attorney
13. ADJOURNMENT:
In compliance with the Americans with Disabilities Act, if you need special assistance to review an agenda or
participate in this meeting, including auxiliary aids or services, please contact the City Clerk's Division at
(805) 517-6223. Upon request, the agenda can be made available in appropriate alternative formats to
persons with a disability. Any request for disability-related modification or accommodation should be made
at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable arrangements
can be made to provide accessibility to the meeting(28 CFR 35.102-35.104;ADA Title II).
Moorpark City Council/Successor Agency
October 2, 2013 Regular Meeting Agenda
Page 8
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
I, Maureen Benson, declare as follows:
That I am the City Clerk of the City of Moorpark and that an agenda of the Regular
Meeting of the Moorpark City Council and the Successor Agency of the Redevelopment
Agency of the City of Moorpark to be held on Wednesday, October 2, 2013, at 7:00 p.m.
in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue,
Moorpark, California, was posted on September 27, 2013, at a conspicuous place at the
Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on September 27, 2013.
Maureen Benson, City Clerk
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NOTICE OF CONTINUANCE OF PUBLIC HEARING CLOSED
A duly noticed public hearing regarding:
Consider Ordinance No 419 Approving Zoning Ordinance Amendment No
2013-04: An Amendment to Section A (Retail and Service Uses) of Table
17.20.060 of Section 17.20.060 (Permitted Uses in Commercial and
Industrial Zones) of Title 17 (Zoning) of the Moorpark Municipal Code to
Allow Retail Uses in the M-1 Zone with a Conditional Use Permit When
Immediately Adjacent to a Freeway Interchange on the application of Manny
Asadurian, Jr.
was held at the Regular City Council meeting of October 2, 2013, the second reading and
adoption of Ordinance No. 419 was continued to be heard on October 16, 2013, at 7:00
p.m., in the Community Center located at 799 Moorpark Avenue, Moorpark, California.
Dated: October 3, 2013.
Maureen Benson, City Clerk
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
I, Maureen Benson, declare as follows:
That I am the City Clerk of the City of Moorpark and that a Notice of Continuance of Closed
Public Hearing regarding:
Consider Ordinance No 419 Approving Zoning Ordinance Amendment No.
2013-04• An Amendment to Section A (Retail and Service Uses) of Table
17 20 060 of Section 17 20 060 (Permitted Uses in Commercial and
Industrial Zones) of Title 17 (Zoning) of the Moorpark Municipal Code to
Allow Retail Uses in the M-1 Zone with a Conditional Use Permit When
Immediately Adjacent to a Freeway Interchange on the application of Mannv
Asadurian. Jr.
continued from the Regular Meeting of October 2, 2013 to October 16, 2013, was posted
on October 3, 2013 at a conspicuous location near the place of the meeting:
Moorpark Community Center
799 Moorpark Avenue
Moorpark, California
I declare under penalty of perjury that the foregoing is true and correct.
Executed on October 3, 2013
Maureen Benson,City Clerk