HomeMy WebLinkAboutAGENDA REPORT 2007 1003 CC REG ITEM 10ACity Council Meetink
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__.MINUTES OF THE CITY COUNCIL
-- �M4aer�arlF 6e+ifornia - -- September 12, 2007
A Special Meeting of the City Council of the City of Moorpark was held on September
12, 2007, in the Community Center of said City located at 799 Moorpark Avenue,
Moorpark, California.
1. CALL TO ORDER:
Mayor Hunter called the meeting to order at 7:11 p.m.
2. PLEDGE OF ALLEGIANCE
Steven Kueny, City Manager, led the Pledge of Allegiance.
3. ROLL CALL:
Present: Councilmembers Mikos, Millhouse, Parvin, and Mayor
Hunter.
Absent: Councilmember Van Dam (arrived at 7:14 p.m.).
Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney;
Hugh Riley, Assistant City Manager; Mary Lindley,
Parks /Recreation and Community Services Director; Barry
Hogan, Community Development Director; Johnny Ea,
Finance Director; Yugal Lall, City Engineer /Public Works
Director; Dave Bobardt, Planning Director; David Moe,
Redevelopment Manager; Captain Jeff Matson, Sheriffs
Department; Deborah Traffenstedt, Administrative Services
Director /City Clerk; and Blanca Garza, Deputy City Clerk.
4. PUBLIC COMMENT:
None.
5. PUBLIC HEARINGS
A. Consider an Interim Uraencv Ordinance Extending for Five (5) Months and
Fifteen (15) Days an Interim Ordinance Temporarily Prohibitina
Condominium Conversions. Staff Recommendation: 1) Open the public
hearing, accept public testimony, and close the public hearing; and 2)
Adopt Ordinance No. 357 to extend a temporary prohibition on
condominium conversions by five (5) months and fifteen (15) days,
expiring on February 29, 2008. ROLL CALL VOTE REQUIRED: 4 /5THS
VOTE
(100 0131.
Minutes of the City Council
Moorpark California Page 2 September 12, 2007
Mr. Hogan 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.
Mr. Montes read the title of Ordinance No. 357.
MOTION: Councilmember Millhouse moved and Councilmember Parvin
seconded a motion to adopt Ordinance No. 357 to extend a temporary prohibition
on condominium conversions by five (5) months and fifteen (15) days, expiring
on February 29, 2008. The motion carried by roll call vote 4 -0, Councilmember
Van Dam absent.
Councilmember Van Dam arrived at 7:14 p.m.
B. Consider Commercial Planned Development Permit No. 2007 -01 and
Tentative Tract Map No. 5743; to Allow Construction of a Medical Office
Building with Twenty -Four (24) Medical Services Condominiums, Located
on the South Side of Peach Hill Road, East of Spring Road, on the
Application of Peach Hill Medical Plaza LLC (Lary L Greene). Staff
Recommendation: 1) Open the public hearing, accept public testimony
and close the public hearing; and 2) Adopt Resolution No. 2007 -2626
approving Commercial Planned Development Permit No. 2007 -01 and
Tentative Tract No. 5743.
Mr. Bobardt gave the staff report.
In response to Councilmember Mikos, Mr. Bobardt stated staff expects the
applicant to remove all existing prohibited plants from the property
landscaping.
Councilmember Parvin requested an amendment to remove the word
"residential" from Special Conditions of Approval Nos. 12 and 13 for
Commercial Planned Development (CPD) Permit No. 2007 -01, which are
located in stamped page 26 of the agenda report.
Mayor Hunter opened the public hearing.
John Newton, John Newton and Associates, 5152 Commerce Avenue,
Moorpark, California, representing the applicant, Greeneway Development
Minutes of the City Council
Moorpark California Page 3 September 12, 2007
Co., Agoura Hills, California, concurred with the amendments to the
Special Conditions of Approval for Commercial Planned Development
(CPD) Permit No. 2007 -01 Nos. 12 and 13 and the 35 Special Conditions.
Mr. Newton stated Mr. Greene is working with Pinecrest School and
understands the responsibility and the Assessment District issue so the
slope gets maintained and the landscape is refurbished.
A discussion followed among the Councilmembers, staff, and the
applicant's representatives in regard to parking, the reciprocal parking
agreement between the church and the applicant and the possibility of
including stairs, a lift or a ramp to join the two properties.
Mark DiCecco, DiCecco Architecture, architect for the project, discussed
the stair issue further, indicating the stairs came up today per the Building
Official's interpretation and that the church was not yet aware of the
matter. He stated cost is not the issue.
Councilmember Millhouse requested more subdued green colors be used
for the project.
Mayor Hunter closed the public hearing.
MOTION: Councilmember Parvin moved and Councilmember Mikos seconded a
motion to 1 adopt Resolution No. 2007 -2626 approving Commercial Planned
Development Permit No. 2007 -01 and Tentative Tract No. 5743, as amended to
remove the word "residential" from Special Conditions of Approval Nos. 12 and
13 for CPD Permit No. 2007 -01, to require removal of existing prohibited plants
from the property landscaping, and to require more subdued green colors be
used for the project. The motion carried by unanimous voice vote.
6. CONSENT: (ROLL CALL VOTE REQUIRED)
MOTION: Councilmember Parvin moved and Councilmember Van Dam seconded a
motion to approve the Consent Calendar with the exception of Item 6.D., which was
pulled for individual consideration. The motion carried by unanimous roll call vote.
A. Consider Rescinding Resolution No. 2002 -1982 (Parking In -Lieu Fees).
Staff Recommendation: Adopt Resolution No. 2007 -2627, rescinding
Resolution No. 2002 -1982.
B. Consider Authorizing the Use of City Marquee Signs and Portable Lights
for Rotary Club Civil War Reenactment Event. Staff Recommendation:
Approve use of City marquee signs and approve use of City portable
lights, subject to conditions specified in the agenda report.
O) (It 01 'A
Minutes of the City Council
Moorpark California Page 4 September 12, 2007
C. Consider Resolution Amending the Fiscal Year 2007/08 Budget For
Mountain Meadows Park Improvements. Staff Recommendation: Adopt
Resolution No. 2007 -2628. ROLL CALL VOTE REQUIRED
E. Consider Resolution Establishing Certain Parking Restrictions on Charles
Street at Magnolia Park. Staff Recommendation: Adopt Resolution No.
2007 -2629.
The following item was pulled for individual consideration.
D. Consider Award of Contract for the Expansion of Arrovo Vista Recreation
Center. Staff Recommendation: Authorize the City Manager to execute
agreements with: McCarthy Construction Development, at a cost not to
exceed $1,344,202.00; PML, at a cost not to exceed $49,964.00; and
amend the agreement with PICON for an additional cost not to exceed
$40,410.00, subject to final language approval of the City Manager and
City Attorney.
Ms. Lindley gave the staff report which included a correction to the
agreement with McCarthy Construction Development to be with Pat
McCarthy Construction, Inc., and corrected an error in the agreement with
PICON for an additional cost not to exceed $79,720.00.
MOTION: Mayor Hunter moved and Councilmember Mikos seconded a motion
to authorize the City Manager to execute agreements with: Pat McCarthy
Construction, Inc., at a cost not to exceed $1,344,202.00; PML, at a cost not to
exceed $49,964.00; and amend the agreement with PICON for an additional cost
not to exceed $79,720.00, subject to final language approval of the City Manager
and City Attorney. The motion carried by unanimous roll call vote.
7. CLOSED SESSION:
Mr. Kueny requested the Council go into closed session for discussion of two
cases under Item 7.B. and Items 7.C. and 7.D. on the agenda.
MOTION: Councilmember Parvin moved and Councilmember Mikos seconded a
motion to adjourn to closed session for discussion of two cases under Item 7.B. and
Items 7.C. and 7.D. on the agenda. The motion carried by unanimous voice vote.
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. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
(Pursuant to Subdivision (a) of Section 54956.9 of the Government Code)
4X Projects Co, a California Corporation, Richard Gray, an individual vs
City of Moorpark and Does 1 through 50, inclusive (Case No. SC048687)
(i►() (ii 1;'4
Minutes of the City Council
Moorpark, California Page 5 September 12, 2007
D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Subdivision (b) of Section 54957 of the Government Code)
Title: Administrative Services Director /City Clerk; Assistant City Manager;
City Manager; City Attorney; City Engineer /Public Works Director; Chief of
Police; Community Development Director; Deputy City Manager; Finance
Director; Parks, Recreation and Community Services Director; and
Planning Director
Present in closed session were Councilmembers Mikos, Millhouse, Parvin, Van
Dam, and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, City
Attorney; Hugh Riley, Assistant City Manager; Barry Hogan, Community
Development Director; Dave Bobardt, Planning Director; David Moe,
Redevelopment Manager; and Deborah Traffenstedt, Administrative Services
Director /City Clerk. Mr. Moe left the meeting at 8:10 p.m. Mr. Bobardt, Mr. Hogan
and Mr. Riley left the meeting at 8:15 p.m.
The Council reconvened into open session at 8:25 p.m. Mr. Kueny stated two
cases under Item 7.B. and Items 7.C. and 7.D. were discussed and there was no
action to report.
8. ADJOURNMENT:
Mayor Hunter adjourned the meeting at 8:25 p.m.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
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