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CC Resolution No. 2013-3231
Ordinance No. 424
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 16, 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. Proclamation Recognizing October 23-31 as Red Ribbon Week.
B. Certificate of Recognition of American Legion Moorpark Post 502 for One
Year of Volunteer Service as Facilitators of the Moorpark Active Adult
Center Bingo Program.
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.mooroarkca.aov.
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 16, 2013 Regular Meeting Agenda
Page 2
5. PUBLIC COMMENT:
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 Authorizing the Acceptance of a General Plan
Amendment Application for Review Consistent with General Plan
Amendment Pre-Screening No. 2010-01 to Change the Land Use
Designation on 67.96 Acres West of Gabbert Road and North of the North
Hills Parkway/North Hills Industrial Park from Rural Low Density
Residential to Rural Low Density Residential, High Density Residential,
and Open Space on the Application of James Rasmussen. for Moorpark
Property 67 LLC and Making a Determination that This is Not a Project
Approval Subject to CEQA. Staff Recommendation: 1) Open the public
hearing, accept public testimony, and close the public hearing; and 2)
Adopt Resolution No. 2013- , authorizing the acceptance of a General
Plan Amendment application for review. (Staff: David Bobardt)
B. Consider Resolution Declaring the Private Roads within Tract 5860
Subject to the Provisions of the California Vehicle Code. Staff
Recommendation: 1) Open the public hearing, accept public testimony,
and close the public hearing; and 2) Adopt Resolution No. 2013- .
(Staff: Dave Klotz le)
C. Consider Ordinance 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: 1) Open
the public hearing, accept public testimony, and close the public hearing;
and 2) Introduce Ordinance No. approving Zoning Ordinance
Amendment No. 2013-05, for first reading, waive full reading, and place
this ordinance on the agenda for November 6, 2013 for purposes of
providing second reading and adoption of the ordinance. (Staff: David
Bobardt)
Moorpark City Council/Successor Agency
October 16, 2013 Regular Meeting Agenda
Page 3
8. PUBLIC HEARINGS: (continued)
D. Consider Ordinance Approving Zoning Ordinance Amendment No. 2013-
06 to Amend 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 Therewith on the Application of City Ventures,
LLC. Staff Recommendation: 1) Open the public hearing, accept public
testimony, and close the public hearing; and 2) Introduce Ordinance No.
approving Zoning Ordinance Amendment No. 2013-06, for first
reading, waive full reading, and place this ordinance on the agenda for
November 6, 2013 for purposes of providing second reading and adoption
of the ordinance. (Staff: David Bobardt)
E. Consider Ordinance 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: 1)
Open the public hearing, accept public testimony, and close the public
hearing; and 2) Introduce Ordinance No. , approving Amendment No.
1 to the Development Agreement between the City of Moorpark and Shea
Homes, Limited Partnership, for first reading, waive full reading, and place
this ordinance on the agenda for November 6, 2013 for purposes of
providing second reading and adoption of the ordinance. (Staff: David
Bobardt and David Moe)
9. PRESENTATION/ACTION/DISCUSSION:
A. Consider Public Workshop Related to Appeal to Ventura County Board of
Supervisors of Ventura Planning Commission Certification of Final
Environmental Impact Report (EIR) for Grimes Rock, Incorporated Mining
Facility, and Approval of a Modified Conditional Use Permit No. 4874-2
and Amended Reclamation Plan, Located at 3500 Grimes Canyon Road.
Staff Recommendation: Hold public workshop, receive public comment,
and direct staff as deemed appropriate. (Staff: David Bobardt)
B. 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.
(continued from October 2, 2013) 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: Hugh Riley) Note this item is also scheduled
to be discussed at a Special Meeting at 6:15 p.m. on October 16,
2013.
Moorpark City Council/Successor Agency
October 16, 2013 Regular Meeting Agenda
Page 4
9. PRESENTATION/ACTION/DISCUSSION: (continued)
C. Consider Ordinance 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 CEQA in Connection Therewith. Staff
Recommendation: Introduce Ordinance No. _, amending Title 15 of the
Moorpark Municipal Code, for first reading, waive full reading, and direct
staff to schedule a public hearing and second reading and adoption of this
ordinance for November 6, 2013. (Staff: David Bobardt)
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Minutes of Adjourned Regular City Council/Successor Agency
Meeting of September 11, 2013. Staff Recommendation: Approve the
minutes.
B. Consider Minutes of Special City Council Meeting of September 11, 2013.
Staff Recommendation: Approve the minutes.
C. Consider Minutes of Regular City Council/Successor Agency Meeting of
October 2, 2013. Staff Recommendation: Approve the minutes.
D. Consider Warrant Register for Fiscal Year 2013/14 — October 16, 2013.
Staff Recommendation: Approve the warrant register.
E. Consider Report of Annual Development Agreement (DA 2003-01),
Review, Established in Connection with Canterbury Lane (Tract No.
5425), Located on the South Side of Los Angeles Avenue, East of
Fremont Street, on the Application of Shea Homes. Staff
Recommendation: 1) Accept the Community Development Director's
Report and recommendation, on the basis of substantial evidence, that
Shea Homes, Limited Partnership has complied in good faith with the
terms and conditions of the Agreement; and 2) Deem the annual review
process complete. (Staff: David Bobardt)
F. Consider Agreement with Willdan Engineering Inc. for Engineering Plan
Check and Development Inspection Services. Staff Recommendation:
Authorize the City Manager to execute an agreement with Willdan
Engineering, Inc. for engineering plan check and development inspection
services, subject to final language approval by the City Manager and City
Attorney. (Staff: Dave Klotzle)
Moorpark City Council/Successor Agency
October 16, 2013 Regular Meeting Agenda
Page 5
10. CONSENT CALENDAR: (continued)
G. Consider Resolution of Intent Initiating Proceedings to Annex Shea
Homes Tentative Tract 5425 to Landscaping and Lighting Maintenance
Assessment District 06-01 . Staff Recommendation: 1) Accept and
approve the Petition and Waiver from Shea Homes requesting the
annexation to Assessment District AD 06-01; and 2) Adopt Resolution No.
2013 initiating the proceedings required for the annexation to Assessment
District AD 06-01. (Staff: Dave Klotzle)
H. Consider Award of Agreement to Taft Electric for Replacement and
Retrofit of the Security Lights at Poindexter Park, Campus Park, and the
Moorpark Police Services Center (Project 7801, 7805, 2005) and
Resolution Amending the Budget for Fiscal Year 2013/14. Staff
Recommendation: 1) Award the Agreement to the lowest bidder, Taft
Electric in the amount of $241,770.00 and authorize the City Manager to
execute the Agreement and approve a 15% contingency, subject to final
language approval by the City Manager and the City Attorney; and 2)
Adopt Resolution No. 2013- . ROLL CALL VOTE REQUIRED
(Staff: Jeremy Laurentowski)
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
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 October 2, 2013)
Staff Recommendation: Take second reading of Ordinance No. 419 off
calendar to allow for further review by staff and recommendation of the
Planning Commission (Staff: David Bobardt)
B. Consider Ordinance No. 423 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.
Staff Recommendation: Waive full reading, declare Ordinance No. 423
read for the second time, and adopted as read. ROLL CALL VOTE
REQUIRED
Moorpark City Council/Successor Agency
October 16, 2013 Regular Meeting Agenda
Page 6
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)
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 16, 2013 Regular Meeting Agenda
Page 7
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 16, 2013, at 7:00
p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark
Avenue, Moorpark, California, was posted on October 11, 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 October 11, 2013.
`97
Maureen Benson, City Clerk