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CC Resolution No. 2016-3538
Ordinance No. 440
SA Resolution No. SA-2016-18
MEETINGS OF MOORPARK CITY COUNCIL AND
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK ("SUCCESSOR AGENCY")
REGULAR MEETING AGENDA
WEDNESDAY, SEPTEMBER 7, 2016
6:30 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 Declaring the Month of September as Ovarian Cancer
Awareness Month.
B. Recognition of Mary Schwabauer for Her Many Years of Service to the
Moorpark Community.
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 City Council meetings is available on the City's website at www.moorparkca.gov.
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
September 7, 2016 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 Approving Conditional Use Permit No. 2016-02 and
Administrative Permit No. 2016-04 to Allow the Remodel and Conversion
of a Former Single Family Home into a Residential Care Facility at 100
Leta Yancy Road, and Making a Determination of Exemption Under CEQA
in Connection Therewith, on the Application of Emiliano Galicia. Staff
Recommendation: 1) Open the public hearing, accept public testimony,
and close the public hearing; and 2) Adopt Resolution No. 2016-
approving Conditional Use Permit No. 2016-02 and Administrative Permit
No. 2016-04, subject to Conditions of Approval. (Staff: David Bobardt)
9. PRESENTATION/ACTION/DISCUSSION:
A. Consider the Establishment of an Ad-Hoc Committee to Develop a Draft
Development Agreement between Spring Road LLC and the City of
Moorpark for Residential Planned Development No. 2015-02, General
Plan Amendment No. 2015-02, Zone Change No. 2015-03, and Vesting
Tentative Tract Map No. 5972. Staff Recommendation: Appoint two (2)
Councilmembers to an Ad-Hoc Committee to develop a draft Development
Agreement for this project. (Staff: Joseph Fiss)
B. Consider Moorpark Commercial Market Overview. Staff
Recommendation: Receive and file report. (Staff: David Bobardt)
C. Consider Report on Economic Development Activities. Staff
Recommendation: 1) Authorize staff to place two (2) full-page ads in the
Moorpark Acorn this fiscal year to promote local businesses; and 2)
Receive and file report. (Staff: Joseph Fiss)
D. Consider Proposed Los Angeles Avenue Traffic Study Request for
Proposals. Staff Recommendation: Approve the Request for Proposals,
subject to final language approval of the City Manager, and authorize staff
to proceed with obtaining proposals. (Staff: Steven Kueny)
Moorpark City Council/Successor Agency
September 7, 2016 Regular Meeting Agenda
Page 3
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Minutes of Special Joint City Council/Library Board Meeting of
April 27, 2016. Staff Recommendation: Approve the minutes.
B. Consider Minutes of Special Joint City Council/Planninq Commission
Meeting of April 27, 2016. Staff Recommendation: Approve the minutes.
C. Consider Minutes of Special City Council Meeting of July 20, 2016. Staff
Recommendation: Approve the minutes.
D. Consider Minutes of Regular City Council/Successor Agency Meeting of
July 20, 2016 Staff Recommendation: Approve the minutes.
E. Consider Warrant Register for Fiscal Year 2015/16 — September 7, 2016.
Staff Recommendation: Approve the warrant register.
F. Consider Warrant Register for Fiscal Year 2016/17 — September 7, 2016.
Staff Recommendation: Approve the warrant register.
G. Consider Cancellation of January 4, 2017, Regular Meeting. Staff
Recommendation: Direct staff to post a notice of meeting cancellation for
January 4, 2017. (Staff: Maureen Benson)
H. Consider Approval of the Proposed Third Amendment to the
Implementation Plan for Improvements Associated with Tract Nos. 5187-
1&2 and 5405, the Meridian Hills Residential Development Project, on the
Application of K. Hovnanian Companies of Southern California, Located
on Meridian Hills Drive, West of Walnut Canyon Road. (continued from
July 20 2016). Staff Recommendation: Continue item to the September
21, 2016, City Council meeting. (Staff: David Bobardt)
I. Consider Resolution Amendinq Fiscal Year 2016/17 Budget to Increase
Appropriations for Fiscal Year 2015/16 Purchase Order Carry Over. Staff
Recommendation: Adopt Resolution No. 2016- . ROLL CALL VOTE
REQUIRED (Staff: Ron Ahlers)
J. Consider Agreement with Liebert Cassidy Whitmore to Review and Revise
the City's Personnel Rules for Competitive Service Employees. Staff
Recommendation: Approve the Agreement and authorize the City
Manager to execute the Agreement in an amount not to exceed $13,000,
subject to final language approval by the City Manager. (Staff: Deborah
Traffenstedt)
Moorpark City Council/Successor Agency
September 7, 2016 Regular Meeting Agenda
Page 4
10. CONSENT CALENDAR: (continued)
K. Consider Request from California Department of Rehabilitation (DOR) to
Co-sponsor a Job Fair at Arroyo Vista Recreation Center and Waive the
City's Facility Rental Fee. Staff Recommendation: Approve the co-
sponsorship of the DOR's Job Fair on October 20, 2016, waive the facility
rental fees, and require that the DOR pay City's direct staff costs for the
job fair. (Staff: Jeremy Laurentowski)
L. Consider City Co-sponsorship of the Rotary Club of Moorpark Noontime
2016 Moorpark Mammoth Run Event. Staff Recommendation: Approve
City co-sponsorship as outlined in the agenda report, subject to final
language approval of the Letter of Agreement, Indemnification, and Hold
Harmless by the City Manager. (Staff: Jeremy Laurentowski)
M. Consider Request from Relay for Life to Co-sponsor the 2017 Relay for
Life Event. Staff Recommendation: 1) Approve the request from Relay
for Life to co-sponsor the event as described in the agenda report, and
waive associated park rental fees, subject to reimbursement of City's
direct costs; 2) Authorize the City Manager to approve modified hours of
operation for Arroyo Vista Community Park from 10:00 p.m. on 5/6/17 to
6:00 a.m. on 5/7/17, as a condition of the rental permit; 3) Authorize Relay
for Life to post private security at the event site within Arroyo Vista
Community Park from 10:00 p.m. to 6:00 a.m. on 5/5/17 through 5/7/17;
and Authorize the City Manager or City Manager's designee to set other
conditions or requirements as may be determined necessary. (Staff:
Jeremy Laurentowski)
N. Consider Request from the County of Ventura to Co-sponsor Poll Worker
Training at Arroyo Vista Recreation Center and Waive the City's Facility
Rental Fee. Staff Recommendation: Approve the co-sponsorship of the
County of Ventura Poll Worker Training on October 13, 2016, waive the
facility rental fees, and require that the County pay City's direct staff costs
for the training. (Staff: Jeremy Laurentowski)
O. Consider Addendum to Final Settlement and Release Agreement by and
Between Moorpark Unified School District, on the One Hand, and the City
of Moorpark and the Successor Agency to the Redevelopment Agency of
the City of Moorpark, on the Other Hand, in Resolution of Disputes
Concerning Payments and Credits Under a 1993 Pass Through
Agreement. Staff Recommendation: Authorize the Mayor to execute the
Addendum, subject to final language approval by the City Manager and
City Attorney. (Staff: Ron Ahlers)
Moorpark City Council/Successor Agency
September 7, 2016 Regular Meeting Agenda
Page 5
10. CONSENT CALENDAR: (continued)
P. (SUCCESSOR AGENCY) Consider Addendum to Final Settlement and
Release Agreement by and Between Moorpark Unified School District, on
the One Hand, and the City of Moorpark and the Successor Agency to the
Redevelopment Agency of the City of Moorpark, on the Other Hand, in
Resolution of Disputes Concerning Payments and Credits Under a 1993
Pass Through Agreement. Staff Recommendation: Authorize the
Chairperson to execute the Addendum, subject to final language approval
by the Executive Director and General Counsel. (Staff: Ron Ahiers)
Q. (SUCCESSOR AGENCY) Consider Resolutions Approving the
Successor Agency's Transfer of Property No. 1 (500 Los Angeles Avenue
— APN 506-0-050-080), Property No. 2 (347 Moorpark Avenue —APN 511-
0-101-350), and Property No. 3 (467 High Street — APN 512-0-081-110) to
the City of Moorpark Pursuant to the Long Range Property Management
Plan. Staff Recommendation: 1) Adopt Resolution No. SA-2016-
approving the sale of Property No. 1 to the City of Moorpark; and 2) Adopt
Resolution No. SA-2016- approving the sale of Property No. 2 and
Property No. 3 to the City of Moorpark. (Staff: Jessica Sandifer)
R. Consider Resolution Authorizing the Acceptance of Properties from the
Successor Agency; and Resolution Amending the Fiscal Year 2016/17
Budget to Fund the Purchase of the Properties. Staff Recommendation:
1) Adopt Resolution No. 2016- approving the purchase of and
authorizing the acceptance of Property 1 — 500 Los Angeles Avenue (APN
506-0-050-080), Property No. 2 — 347 Moorpark Avenue (APN 511-0-101-
350) and Property No. 3 — 467 High Street (APN 512-0-081-110 from the
Successor Agency; and 2) Adopt Resolution No. 2016- amending the
FY 2016/17 Budget to fund the purchase of the Properties. ROLL CALL
VOTE REQUIRED (Staff: Jessica Sandifer)
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
12. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation (Pursuant to Paragraphs (2) or (3) of
Subdivision (d) of Government Code Section 54956.9: (Number of cases
to be discussed - 4)
Moorpark City Council/Successor Agency
September 7, 2016 Regular Meeting Agenda
Page 6
12. CLOSED SESSION: (continued)
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation (Pursuant to Paragraph (4) of Subdivision (d) of
Government Code Section 54956.9: (Number of cases to be discussed —
4)
C. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
(Pursuant to Paragraph (1) of subdivision (d) of Government Code Section
54956.9)
County of Ventura and City of Fillmore vs City of Moorpark and Broad
Beach Geologic Hazard Abatement District (Case No. 56-2016-00479937-
CU-WM-VTA)
D. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION
(Pursuant to Paragraph (1) of subdivision (d) of Government Code Section
54956.9)
City of Moorpark v. County of Ventura et al. (Real Party in Interest, Wayne
J. Sand & Gravel, Inc.) (Case No. 56-2016-00482408-CU-WM-VTA)
E. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Paragraph (1) of Subdivision (b) of Government Code
Section 54957)
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
September 7, 2016 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, September 7, 2016, at 7:00
p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark
Avenue, Moorpark, California, was posted on September 2, 2016, 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 2, 2016.
Maureen Benson, City Clerk
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NOTICE OF CONTINUANCE OF OPEN PUBLIC HEARING
Duly noticed public hearing regarding:
Consider Resolution Approving Conditional Use Permit No. 2016-02
and Administrative Permit No. 2016-04 to Allow the Remodel and
Conversion of a Former Single Family Home into a Residential Care
Facility at 100 Leta Yancy Road, and Making a Determination of
Exemption Under CEQA in Connection Therewith, on the Application
of Emiliano Galicia.
was held at a regular meeting on September 7, 2016, at which time the City Council
continued the open public hearing to a Regular City Council meeting to be held at 6:30
p.m. on October 19, 2016, in the Community Center located at 799 Moorpark Avenue,
Moorpark, California.
Dated: September 8, 2016
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 Open
Public Hearing regarding:
Consider Resolution Approving Conditional Use Permit No. 2016-02
and Administrative Permit No. 2016-04 to Allow the Remodel and
Conversion of a Former Single Family Home into a Residential Care
Facility at 100 Leta Yancy Road, and Making a Determination of
Exemption Under CEQA in Connection Therewith, on the Application
of Emiliano Galicia.
continued from September 7, 2016, to October 19, 2016, was posted on September 8,
2016, 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 September 8, 2016.
73t� -
Maureen Benson
City Clerk