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CC Resolution No. 2017-3592
Ordinance No. 447
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, MAY 3, 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:
A. Proclamation Declaring May 2017 as Lupus Awareness Month in
Moorpark.
B. Proclamation Declaring May 2017 as Military Appreciation Month in
Moorpark.
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
May 3, 2017 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. 2016-05 and
Modification No. 2 to Commercial Planned Development No. 2004-03, a
Request to Allow Construction of a Major Wireless Communication Facility
Consisting of 12 Panel Antennas; and Installation of an Above Ground
Equipment Enclosure within a 48-Foot High Tower at 14339 White Sage
Road (Warehouse Discount Center), and Making a Determination of
Exemption Under the California Environmental Quality Act in Connection
Therewith, on the Application of Matt Vigil (Vinculums) for Verizon
Wireless. (continued open public hearing from April 19, 2017) Staff
Recommendation: Close the public hearing and refer revised applications
to the Planning Commission. (Staff: David Bobardt)
9. PRESENTATION/ACTION/DISCUSSION:
A. Consider Authorization to Negotiate Purchase of Streetlights Owned by
Southern California Edison. Staff Recommendation: Authorize the City
Manager to negotiate a purchase agreement with Southern California
Edison for the streetlight system in the City of Moorpark. (Staff: Jessica
Sandifer)
B. Consider the Establishment of an Ad-Hoc Committee to Develop a Draft
Development Agreement between Sky Line 66, LLC (Menashe
Kozar/Grand Moorpark LLC) and the City of Moorpark for General Plan
Amendment No. 2014-01, Zone Change No. 2014-01, Residential
Planned Development Permit No. 2014-02, and Tentative Tract Map No.
5869, for a 66-Unit Townhouse Condominium Project on 4 Acres at 635
Los Angeles Avenue. Staff Recommendation: Appoint two (2)
Councilmembers to an Ad-Hoc Committee to develop a draft Development
Agreement for this project. (Staff: David Bobardt)
Moorpark City Council/Successor Agency
May 3, 2017 Regular Meeting Agenda
Page 3
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Minutes of Special Joint City Council/Planning Commission
Meeting of March 29, 2017. Staff Recommendation: Approve the
minutes.
B. Consider Minutes of Special City Council/Successor Agency Meeting of
April 19, 2017. Staff Recommendation: Approve the minutes.
C. Consider Minutes of Regular City Council/Successor Agency Meeting of
April 19, 2017. Staff Recommendation: Approve the minutes.
D. Consider Warrant Register for Fiscal Year 2016/17 — May 3, 2017. Staff
Recommendation: Approve the warrant register.
E. Consider the City of Moorpark 2016 General Plan Annual Report Including
the Housing Element Progress Report. Staff Recommendation: 1)
Receive and file the report; 2) Direct staff to forward the 2016 Annual
Element Progress Report — Housing Element Implementation to the
Governor's Office of Planning and Research, the California Department of
Housing and Community Development, and the Ventura County Planning
Division. (Staff: David Bobardt)
F. Consider Award of Agreement to Durham School Services L.P, for Bus
Excursions and Charter Bus Transit Services. Staff Recommendation:
Authorize award of Agreement to Durham School Services, L.P. in an
amount not-to-exceed $130,000.00; and authorize the City Manager to sign
the Agreement, subject to final language approval of the City Manager.
(Staff: Shaun Kroes)
G. Consider Resolution Amending the Fiscal Year 2016/17 Budget to Transfer
Remaining TDA Article 3 Funds from Completed Project to the Arroyo Vista
Community Park Loop Trail Project. Staff Recommendation: Adopt
Resolution No. 2017- . ROLL CALL VOTE REQUIRED (Staff: Shaun
Kroes)
H. Consider Resolution Approving the Preliminary Engineer's Report for the
Landscaping and Lighting Maintenance Assessment Districts for Fiscal
Year 2017/2018 and Providing Notice of Public Hearing on June 7, 2017.
Staff Recommendation: 1) Set the public hearing date for June 7, 2017;
and 2) Adopt Resolution No. 2017- . (Staff: Ron Ahlers)
Moorpark City Council/Successor Agency
May 3, 2017 Regular Meeting Agenda
Page 4
10. CONSENT CALENDAR: (continued)
I. Consider Resolution Approving the Preliminary Assessment Engineer's
Report for the Parks and Recreation Maintenance and Improvement
Assessment District for Fiscal Year 2017/2018 and Providing Notice of
Public Hearing on June 7, 2017. Staff Recommendation: 1) Set the
public hearing date for June 7, 2017; and 2) Adopt Resolution No. 2017-
. (Staff: Ron Ahlers)
J. Consider Tolling Agreement with Waterworks District No. 1 Regarding
Water Rates. Staff Recommendation: The City Attorney and staff
recommend that the City Council approve the Tolling Agreement, and
authorize the Mayor to execute the Agreement, subject to changes that
are deemed to be in the interests of the City which are approved by the
City Manager and City Attorney. (Staff: City Attorney, Kevin Ennis)
K. Consider 2016 and 2017 Reports of Annual Development Agreement (DA
2003-01) Review, Established in Connection with Ivy 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; 2) Deem the annual review process for this
project complete with no further annual review necessary. (Staff:
Joseph Fiss)
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
A. Consider Ordinance No. 446, An Ordinance of the City of Moorpark,
California, Approving Zoning Ordinance Amendment No. 2016-01, An
Amendment to Section 17.24.020 (Open Space, Agriculture, and
Residential Zone Development Requirements) of Chapter 17.24
(Development Requirements) of Title 17 (Zoning) of the Moorpark
Municipal Code to Address Lot Size Standards for Affordable Housing and
Determination that This Action is Exempt from California Environmental
Quality Act. Staff Recommendation: Waive full reading, declare
Ordinance No. 446 read for the second time, and adopted as read. 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
May 3, 2017 Regular Meeting Agenda
Page 5
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-W M-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. 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: 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
Moorpark City Council/Successor Agency
May 3, 2017 Regular Meeting Agenda
Page 6
12. CLOSED SESSION: (continued)
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. 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
May 3, 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, May 3, 2017, at 6:30 p.m. in
the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue,
Moorpark, California, was posted on April 28, 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 April 28, 2017.
Maureen Benson, City Clerk