HomeMy WebLinkAboutAGENDA REPORT 2002 0320 CC REG ITEM 11AMINUTES OF THE CITY COUNCIL AND PLANNING COMMISSION
Moorpark, California October 22, 2001
A Special Meeting of the City Council and the Planning Commission
of the City of Moorpark was held on October 22, 2001, in the
Council Chambers of said City located at 799 Moorpark Avenue,
Moorpark, California.
1. CALL TO ORDER:
Mayor Hunter called the City Council to order at 6:40 p.m.
Chair Parvin called the Planning Commission to order at 6:40
p.m.
2. PLEDGE OF ALLEGIANCE:
Commissioner Paul Haller led the Pledge of Allegiance.
3. ROLL CALL:
City Council Present:
Planning Commission Present
Planning Commission Absent:
Councilmembers Harper Mikos,
Millhouse, Wozniak and Mayor
Hunter.
Commissioners DiCecco, Haller,
Landis, and Chair Parvin.
Commissioner Otto
Staff Present: Steven Kueny, City Manager; Hugh
Riley, Assistant City Manager;
Wayne Loftus, Community
Development Director; Walter
Brown, City Engineer; John
Libiez, Planning Manager; Nancy
Burns, Redevelopment Senior
Management Analyst and Laura
Stringer, Senior Management
Analyst, Community Development.
4. PUBLIC COMMENT:
None.
5. PRESENTATION /ACTION /DISCUSSION:
A. Consider Affordable Housing Workshop on the Structure,
Financinq, and Processes of Affordable Housinq Projects.
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Minutes of the City Council
and Planning Commission
Moorpark, California Page 2 October 22, 2001
Staff Recommendation: conduct workshop. (No agenda
report.)
Mr. Riley introduced the moderator for the workshop, Mr.
Bob Burrow, Director of Community Development, City of
Camarillo. Mr. Riley provided a summary of Mr. Burrow's
planning background and affordable housing project
experience.
Mr. Burrow presented an overview of affordable housing
issues in Ventura County, including: state mandated
affordable housing goals, the challenge of integrating
affordable housing into the limited areas left for
development, re- designation of older undeveloped
neighborhood commercial areas to residential, Air
Pollution Control District requirements, Air Quality
Management Plan limitations, providing a variety of
affordable housing types, and redevelopment of older
areas.
Mr. Burrow introduced the first speaker, Mr. Steve Whyte,
Pacific Housing Advisors, consultant to LT Development,
a developer proposing a multi - family project in Moorpark,
with approximately twenty percent (200) of the units to
be affordable. Mr. Burrow announced Mr. Whyte's topic,
"Current Trends in Affordable Housing Development."
Ms. Burns distributed Mr. Whyte's written materials.
Mr. Whyte began his presentation discussing the thought
process of the affordable housing developer, while
drawing attention to the distributed chart titled
"Community Arms Apartments." Mr. Whyte provided an
overview of organizational structure and partnership
structure required for economic success of an affordable
housing project.
Mr. Whyte next called attention to the grid titled "The
Developer's Role in a Typical Affordable Housing
Project," stating that it provided information regarding
the relationship between the various financial partners
and developers and outlined the developer's
responsibilities in the process.
Mr. Whyte concluded his presentation referring to the
outline titled "Development Trends in Affordable
Housing." Mr. Whyte expanded on positive trends, negative
trends, developer's perspective on current tax credit
Minutes of the City Council
and Planning Commission
Moorpark, California Page 3 October 22, 2001
equity market and current financing market, closing with
a summary of new development product type opportunities.
Mr. Burrow next introduced Mr. Art May, Vice President
and Director of Architecture, U.S.A. Properties Fund, an
affordable housing development company currently seeking
a general plan amendment and zone change to develop a
senior housing project in the City of Moorpark. Mr.
Burrow announced Mr. May's topic; "Top 10 Barriers to
Affordable Housing."
Ms. Burns distributed an outline of Mr. May's
presentation.
Mr. May discussed the top ten barriers to affordable
housing and suggested remedies:
10. Crummy Sponsors
9. Unreceptive City
8. Zoning Constraints
7. Time
6. Conditions of Approval
Mayor Hunter questioned what the off -site conditions
might include.
Mr. May responded that they could include offsite water,
sewer and street improvements through areas that might be
developed later.
Mayor Hunter questioned whether it was the placement of
these conditions on the project or the timing that was
the issue.
Mr. May responded that it was the placement of the
conditions at issue.
Mr. May continued his presentation with item number 5
from his outline:
5. Predevelopment Funds
4. Fees
Minutes of the City Council
and Planning Commission
Moorpark, California Page 4
3. Financing
2. Financing Gap
1. Time
Mr. Burrow introduced Mr.
Pacific Communities, and
development of single - family
units and payment of in -lieu
Mr. Chung's topic; "Welcome
Affordable Housing."
October 22, 2001
Nelson Chung, President,
developer of a planned
homes including affordable
fees. Mr. Burrow announced
Home to the Minefield of
Ms. Burns distributed a copy of Mr. Chung's presentation
materials.
Mr. Chung provided a Power Point type presentation,
citing the goal of affordable housing ownership, and some
of the obstacles for affordable housing. Mr. Chung
explained a spreadsheet analysis of maximum purchase
prices for various levels of affordable units in San
Diego. Mr. Chung further explained the assumptions used
in the analysis including current interest rates. He
provided information on the history of very high interest
rates during the early 1980's and encouraged working as
a team to capture the timing on the current low rates. He
further cited examples of the impact of increased
interest rates on monthly payment amounts.
Mr. Chung continued, explaining the pro -forma included in
the distributed materials, citing the data included and
the conclusion of limited or no profit for certain
scenarios of affordability. He discussed the difficulty
of providing Very, Very Low and Very Low "for- sale"
housing opportunities.
Mr. Chung concluded, urging that working as a team could
create affordable housing opportunities without cutting
into city coffers.
Mr. Burrow introduced Mr. Jon Goetz, Attorney, Stradling,
Yocca, Carlson and Rauth, consultant to The Olson
Company, a major developer of affordable housing
opportunities. Mr. Burrow stated that he had worked with
The Olson Company on several affordable projects in
Camarillo. Mr. Burrow announced Mr. Goetz's topic;
"Affordable Home Ownership Programs."
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Minutes of the City Council
and Planning Commission
Moorpark, California Page 5 October 22, 2001
Ms. Burns distributed several handouts provided by Mr.
Goetz.
Mr. Goetz discussed the affordable housing components for
redevelopment, including low and moderate income housing
funds, inclusionary housing and replacement housing. He
further discussed the use of covenant requirements
comparing the problems of resale restrictions to the more
enforceable use of loan format /buyout with deeds of trust
held by the Redevelopment Agency. Mr. Goetz stated that
in addition to providing a way to monitor sales, the deed
of trust also provides an opportunity for the agency to
reinvest the proceeds of equity sharing sales.
Mr. Goetz continued with a comparison of income limits
for redevelopment agencies in Ventura County. Mr. Goetz
further discussed the types of assistance that
redevelopment agencies might provide for developers of
affordable housing projects. These included land
acquisition and resale, development loans and grants,
second trust deed loans, and density bonus. Mr. Goetz
concluded with a brief discussion of financing of single -
family for -sale units.
Mr. Burrow briefly summarized the presentations.
Mr. Kueny stated that he had asked Mr. Whyte to provide
clarification of tax credit financing.
Ms. Burns distributed a financial model for a project in
Santa Clarita.
Mr. Whyte explained the process of developing the
financial model, with emphasis on income restrictions and
the Sources and Uses of Funds including the impact of the
tax credit equity on project feasibility. He further
stated that timing was critical because many activities
were tied to bond financing approval.
Mr. Burrow offered that the panel was open to questions.
Mayor Hunter opened the discussion for questions from the
City Council and the Planning Commission.
Councilmember Millhouse questioned if limits for
qualifying for affordable housing could be more
restrictive than just income, like being a first time
home buyer or current resident of the city.
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Minutes of the City Council
and Planning Commission
Moorpark, California
Page 6
October 22, 2001
Mr. Goetz responded yes, that requirement for being a
first time home buyer was a good suggestion, but
cautioned that the city attorney review the legal
requirements for restricting residency.
Mr. Millhouse further questioned the issue of moderate
affordability being in the $300,000 dollar range, and
whether this type of affordable housing was providing a
"windfall" opportunity.
Mr. Burrow commented that Camarillo had restricted some
affordable housing opportunities to residents or people
who already work in the community.
Mr. Chung commented that their program provided for -sale
housing to Low and Moderate Income families while
providing in -lieu fees for Very Low Income housing. He
further encouraged priority to local residents and that
the program allows first time buyers into the ownership
market. He further stated that the second trust deed and
equity sharing brought money back to the city.
Mr. May commented that the difference between for -sale
and rental units, stating that they were seeing "move -
ups" due to savings generated by affordable housing.
Councilmember Harper commented that higher -end projects
were often reluctant to do inclusionary housing, and that
in -lieu fees take time to implement actual housing.
Mr. Goetz responded that inclusionary housing works
better in very large developments.
Mr. Chung commented that his recent experience was that
high -end owners are more tolerant of inclusion of lower
end housing in the same development.
Councilmember Mikos requested a definition of an
Inclusionary Zoning Ordinance.
Mr. Goetz responded that an Inclusionary Zoning Ordinance
would require a certain percentage of residential units
in a development be restricted to an affordable level and
that there is a provision for in -lieu fees.
Councilmember Wozniak questioned the concept of land
dedication to the city for development of affordable
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Minutes of the City Council
and Planning Commission
Moorpark, California
Page 7
October 22, 2001
units and the pooling of developer efforts to achieve
actual housing products.
Mr. Burrow responded that many developers were not
prepared to deal with small property developments.
Commissioner Landis commented on his discussion with a
representative from Habitat for Humanity and the
opportunity for zero percent (0%) loans. He further
commented that there was often a fear of what affordable
housing would look like, and suggested that there might
be practical ways to assist with the purchase rather than
diminishing the quality.
Mr. Goetz responded that quality does not need to be
compromised, and that rigorous economic analysis should
be done.
Mr. Chung cautioned against reducing the cost of
construction, and suggested the use of financing
programs.
Mr. May commented on his experience with rental units,
and that different levels of affordability can be made to
appear the same.
Commissioner DiCecco commented that it was the
Commission's preference that the developer secure land
for development of units rather than in -lieu fees.
Mr. Burrow added that Housing Elements were required to
identify vacant sites.
Chair Parvin questioned covenant requirements regarding
resale restrictions.
Mr. Goetz responded by describing a project where a city
actually forgot they had re -sale restrictions and the
issue was not brought forward until several sales had
already occurred. He stated that his experience was that
no one takes responsibility for policing this type of
covenant, and recommended the deed of trust method.
Mayor Hunter thanked the panel.
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Minutes of the City Council
and Planning Commission
Moorpark, California Page 8 October 22, 2001
6. ADJOURNMENT:
Mayor Hunter adjourned the City Council meeting at 8:50
p.m.
Chair Parvin adjourned the Planning Commission meeting at
8:50 p.m.
Patrick Hunter, Mayor
Janice Parvin, Chair
ATTEST:
Deborah S. Traffenstedt
City Clerk
MINUTES OF THE CITY COUNCIL
Moorpark, California November 7, 2001
A Special Meeting of the City Council of the City of Moorpark
was held on November 7, 2001, 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 6:08 p.m.
2. ROLL CALL:
Present: Councilmembers Harper, Millhouse, Mikos,
Wozniak and Mayor Hunter
Staff Present: Steven Kueny, City Manager; Joseph Montes,
City Attorney; Hugh Riley, Assistant City
Manager; Mary Lindley, Director of Community
Services; and Deborah Traffenstedt,
Assistant to City Manager /City Clerk
3. PUBLIC COMMENT:
None.
4. CLOSED SESSION:
Mr. Kueny announced that Item 4.A. would be discussed in
closed session.
MOTION: Councilmember Harper moved and Councilmember Wozniak
seconded a motion to adjourn to closed session for a discussion
of Item 4.A. The motion carried by unanimous voice vote. The
time was 6:08 p.m.
A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: Portion of Arroyo Vista Community Park
Address: 4550 Tierra Rejada Road
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: The City of Moorpark and Moorpark
Unified School District
Under Negotiation: Price and terms of lease
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Minutes of the City Council
Moorpark, California Page 2 November 7, 2001
Present in closed session were all Councilmembers; Steven
Kueny, City Manager; Joseph Montes, City Attorney; Hugh
Riley, Assistant City Manager; Mary Lindley, Director of
Community Services; and Deborah Traffenstedt, Assistant to
City Manager /City Clerk.
The Council reconvened into open session at 6:29 p.m. Mr.
Kueny announced that only Item 4.B. was discussed and that
there was no action to report.
5. ADJOURNMENT:
Mayor Hunter adjourned the meeting at 6:29 p.m.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
MINUTES OF THE CITY COUNCIL
Moorpark, California February 6, 2002
A Special Meeting of the City Council of the City of Moorpark
was held on February 6, 2002, 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 5:45 p.m.
2. ROLL CALL:
Present: Councilmembers Harper, Millhouse, Mikos,
Wozniak and Mayor Hunter
Staff Present: Steven Kueny, City Manager; Joseph Montes,
City Attorney; Hugh Riley, Assistant City
Manager; Ken Gilbert, Director of Public
Works; Mary Lindley, Director of Community
Services; and Deborah Traffenstedt,
Assistant to City Manager /City Clerk
3. PUBLIC COMMENT:
None.
4. PRESENTATION /ACTION /DISCUSSION:
A. Consider Resolution Requesting Los Angeles Regional
Water Quality Control Board to Adopt a Meaningful and
Reasonable Water Quality Objectives and Total Maximum
Daily Load (TMDL) for Chloride in the Calleguas Creek
Watershed. Staff Recommendation: Adopt Resolution No.
2002 -1936, and direct staff to forward a copy to the
Los Angeles Regional Water Quality Control Board.
Mr. Gilbert gave the staff report.
Councilmember Mikos spoke in favor of adoption of the
resolution.
MOTION: Councilmember Mikos moved and Councilmember
Wozniak seconded a motion to adopt Resolution No. 2002-
1936, and direct staff to forward a copy to the Los Angeles
Minutes of the City Council
Moorpark, California Page 2 February 6, 2002
Regional Water Quality Control Board. The motion carried
by unanimous voice vote.
Mr. Gilbert left the meeting at this time.
5. CLOSED SESSION:
Mr. Kueny announced that one case under Item 5.A., two
cases under Item 5.B., and Items 5.G. and 5.H. would be
discussed in closed session.
Mr. Montes announced that for the one case under Item 5.A.,
the facts and circumstances creating significant exposure
to litigation consist of a written communication
threatening litigation received from Mackenzie & Albritton
LLP, legal counsel representing AT &T Wireless and dated
November 30, 2001, December 5, 2001, and January 14, 2002.
MOTION: Councilmember Harper moved and Councilmember Wozniak
seconded a motion to adjourn to closed session for a discussion
of one case under Item 5.A., two cases under Item 5.B., and
Items 5.G. and 5.H. The motion carried by unanimous voice vote.
The time was 6:00 p.m.
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)
G. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Government Code Section 54957.6)
Agency Designated Representative: Steven Kueny
Employee Organization: Service Employees International
Union, AFL -CIO, CLC, Local 998
H. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Government Code Section 54957.6)
Agency Designated Representative: Steven Kueny
Unrepresented employees: Assistant City Manager,
Director of Administrative Services, ATCM /City Clerk,
Director of Community Development, Director of
Community Services, Director of Public Works,
Finance /Accounting Manager, Accountant I, Information
u V- as yr+ri
Minutes of the City Council
Moorpark, California Page 3. February 6, 2002
Systems Supervisor, Planning Manager, Principal
Planner, Recreation Superintendent, and Senior
Management Analyst.
Present in closed session were all Councilmembers; Steven
Kueny, City Manager; Joseph Montes, City Attorney; Hugh
Riley, Assistant City Manager; Mary Lindley, Director of
Community Services; and Deborah Traffenstedt, Assistant to
City Manager /City Clerk.
Ms. Lindley left the meeting at 6:08 p.m., after discussion
of one cased under Item 5.B.
The Council reconvened into open session at 6:28 p.m. Mr.
Kueny stated that one case under Item 5.A., two cases under
Item 5.B., and Items 5.G. and 5.H were discussed and that
there was no action to report.
5. ADJOURNMENT:
Mayor Hunter adjourned the meeting at 6:28 p.m.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk