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CC Resolution No. 2017-3582
Ordinance No. 443
SA Resolution No. SA-2017-21
CITY COUNCIL AND SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
("SUCCESSOR AGENCY")
MOORPARK, CALIFORNIA
REGULAR MEETING AGENDA
WEDNESDAY, MARCH 1, 2017
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:
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(Pursuant to Council Rules of Procedure, Section 2.9, Items to be withdrawn from the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.)
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.qov.
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
March 1, 2017 Regular Meeting Agenda
Page 2
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY COUNCILMEMBERS AND
MAYOR:
8. PUBLIC HEARINGS:
A. Consider: 1) Resolution Approving Residential Planned Development
(RPD) Permit No. 2012-02 for a 200-Unit Apartment Complex on
Approximately 11.66 Acres at 150 Casey Road, on the Application of
Essex Property Trust, Inc., and Finding that a Previously Adopted
Mitigated Negative Declaration is Applicable to this Project; and 2)
Introduce Ordinance Approving a Development Agreement by and
between the City of Moorpark and Essex Moorpark Owner, L.P. for RPD
Permit No. 2012-02. Staff Recommendation: 1) Open the public hearing,
accept public testimony and close the public hearing; 2) Adopt Resolution
No. 2017- ; 3) Introduce Ordinance No. for first reading, waive full
reading, and place this ordinance on the agenda for March 15, 2017, for
purposes of providing second reading and adoption of the ordinance; and
4) Upon Adoption of Ordinance No. , and subject to final language
approval of the City Manager and City Attorney, a) Authorize Mayor to
sign Development Agreement (Exhibit A of Ordinance No. ); b)
Authorize Mayor to sign Purchase and Sale Agreement for City site
(Exhibit C of Development Agreement) and Easement Agreement (Exhibit
C of Purchase and Sale Agreement); and c) Authorize City Manager to
sign Well Site Grant Deed and Certificate of Acceptance (Exhibit I of
Development Agreement). (Staff: David Bobardt)
9. PRESENTATION/ACTION/DISCUSSION:
A. Consider Affordable Housing Agreement between City of Moorpark and
Essex Moorpark Owner, L.P. for Apartment Complex Located on Casey
Road. Staff Recommendation: Approve the Agreement, subject to final
language approval by the City Manager and City Attorney; authorize the
Mayor to execute said Agreement; and direct the City Clerk to cause said
Agreement to be recorded in the Office of the Recorder of the County of
Ventura. (Staff: Jessica Sandifer)
B. Consider Adoption of an Urgency Ordinance Reauthorizing the City's
Public, Education, and Governmental (PEG) Fee, and Introduction of an
Ordinance Reauthorizing and Readopting the PEG fee for the Same
Purposes, and a Determination That These Actions Are Exempt from the
California Environmental Quality Act. Staff Recommendation: 1) Waive
full reading and adopt Urgency Ordinance No. . ROLL CALL VOTE
REQUIRED; and 2) Introduce Ordinance No. for first reading, waive
full reading, and place this ordinance on the agenda for March 15, 2017,
for purposes of providing a second reading and adoption of the ordinance.
(Staff: Brian Chong)
Moorpark City Council/Successor Agency
March 1, 2017 Regular Meeting Agenda
Page 3
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Minutes of Special Joint City Council/Arts Commission Meeting
of April 27, 2016. Staff Recommendation: Approve the minutes.
B. Consider Minutes of Regular City Council/Successor Agency Meeting of
February 1, 2017. Staff Recommendation: Approve the minutes.
C. Consider Minutes of Regular City Council/Successor Agency Meeting of
February 15, 2017. Staff Recommendation: Approve the minutes.
D. Consider Warrant Register for Fiscal Year 2016/17 — March 1, 2017. Staff
Recommendation: Approve the warrant register.
E. Consider Request for Proposal to Provide Bus Excursion Services and
Authorization to Advertise for Proposals; and, Consider 2017 Moorpark
Beach Bus and Summer Youth Bus Pass Programs. Staff
Recommendation: 1) Approve the RFP and authorize staff to advertise for
proposals; and 2) Approve the proposed 2017 Moorpark Beach Bus and
Summer Youth Bus Pass Programs as detailed in the agenda report. (Staff:
Shaun Kroes)
F. Consider Resolution Amending the Fiscal Year 2016/17 Budget to
Allocate Funds for Permanent Loan for Area Housing Authority Project.
Staff Recommendation: Adopt Resolution No. 2017- , amending the
Fiscal Year 2016/17 Budget to fund the loan for the Area Housing
Authority Project Pursuant to the Disposition and Development
Agreement. ROLL CALL VOTE REQUIRED (Staff: Jessica Sandifer)
G. Consider Amendment No. 1 to Agreement with The Adjul Corporation dba
Lee Construction for the Recreational Trail Project at Arroyo Vista
Community Park (AVCP) (CIP Project C0018) and Resolution Amending
the Fiscal Year 2016/17 Budget. Staff Recommendation: 1) Approve
Amendment No. 1 to Agreement with The Adjul Corporation dba Lee
Construction in the amount of $100,000.00 and authorize the City
Manager to sign the Amendment, subject to final language approval of the
City Manager; and 2) Adopt Resolution No. 2017- , amending the
Fiscal Year 2016/17 Budget for additional contingency costs. ROLL
CALL VOTE REQUIRED (Staff: Jessica Sandifer)
Moorpark City Council/Successor Agency
March 1, 2017 Regular Meeting Agenda
Page 4
10. CONSENT CALENDAR: (continued)
H. Consider Authorization to Advertise for Bids for Pavement Rehabilitation
Project at Arroyo Vista Community Park; Agreement for Construction
Management Services and Resolution Amending Fiscal Year 2016/17
Budget to Fund the Project. Staff Recommendation: 1) Approve plans
and specifications and authorize advertisement for bids for pavement
rehabilitation project at Arroyo Vista Community park, as outlined in the
agenda report; 2) Approve Agreement with Phoenix Civil Engineering, Inc.
for Construction Management Services for the Pavement Rehabilitation
Project at Arroyo Vista Community Park, subject to final language
approval of the City Manager; and 3) Adopt Resolution No. 2017- ,
amending the Fiscal Year 2016/17 Budget to fund construction
management services for the project. ROLL CALL VOTE REQUIRED
(Staff: Jessica Sandifer)
I. Consider Annual Financial Statements and Other Audit Reports for Fiscal
Year Ended June 30, 2016. Staff Recommendation: Accept the
Comprehensive Annual Financial Report (CAFR) and the Independent
Accountant's Report on Agreed-Upon Procedures Applied to
Appropriations Limit Worksheets and receive and file this report. ROLL
CALL VOTE REQUIRED (Staff: Ron Ahlers)
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)
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-
C U-WM-VTA)
Moorpark City Council/Successor Agency
March 1, 2017 Regular Meeting Agenda
Page 5
12. CLOSED SESSION: (continued)
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. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: APNs 500-0-281-465, 500-0-281-545, 500-0-292-015,
500-0-292-035, and 500-0-292-195 East of Moorpark College and North of
the SR-118 in the City of Moorpark, CA
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: The City of Moorpark and Waste Management of CA
Under Negotiation: Price and terms of payment
F. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: APN 511-0-090-200, 31 Poindexter Avenue, Moorpark, CA
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: The City of Moorpark and Poindexter Properties, LLC
Under Negotiation: Price and terms of payment
G. (SUCCESSOR AGENCY)
(Pursuant to Government Code Section 54956.8)
Property: APN 512-0-090-115
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: The City of Moorpark and Apricot Lane Farms
Under Negotiation: Price and terms of payment
H. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: APN 511-0-050-270, 601 Moorpark Avenue, Moorpark, CA
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: The City of Moorpark and Colin and Victoria
Velazquez Trust
Under Negotiation: Price and terms of payment
Moorpark City Council/Successor Agency
March 1, 2017 Regular Meeting Agenda
Page 6
12. CLOSED SESSION: (continued)
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: APNs 500-0-281-165, 500-0-180-145, 500-0-180-155, 500-0-
180-195, 500-0-292-135, 500-0-292-215, 500-0-292-225, 500-0-120-065,
500-0-170-135, 500-0-180-125, 500-0-180-135, 500-0-180-165, 500-0-
180-175, 500-0-180-185, 500-0-180-205, 500-0-180-215, 500-0-180-225,
500-0-180-235, 500-0-180-255, 615-0-110-205, 615-0-110-215, and 615-
0-150-185, North and East of Moorpark College and North of the SR-118
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: The City of Moorpark and Coastline RE Holdings
Under Negotiation: Price and terms of payment
J. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Paragraph (1) of Subdivision (b) of Government Code
Section 54957)
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
March 1, 2017 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, March 1, 2017, at 6:30 p.m.
in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue,
Moorpark, California, was posted on February 24, 2017, 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 February 24, 2017.
Maureen Benson, City Clerk