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HomeMy WebLinkAboutAGENDA 2017 0607 CC SA PPpK c9, '4w CC Resolution No. 2017-3599 Ordinance No. 449 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, JUNE 7, 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 REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure, Section 2.9, Items to be withdrawn from the Consent Calendar shall be identified at this time) All writings and documents provided to the majority of the City Council regarding all open-session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.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 June 7, 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 Final Review of the Assessment Engineer's Report for the Landscaping and Lighting Maintenance Assessment Districts and Resolution Confirming the Levy Amounts and Ordering the Continuation of Assessment for Fiscal Year 2017/2018. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolution No. 2017- . ROLL CALL VOTE REQUIRED (Staff: Ron Ahlers) B. Consider Final Review of the Assessment Engineer's Report for the Parks and Recreation Maintenance and Improvement Assessment District and Resolution Confirming the Levy Amount and Ordering the Continuation of Assessment for Fiscal Year 2017/2018. 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolution No. 2017- . ROLL CALL VOTE REQUIRED (Staff: Ron Ahlers) 9. PRESENTATION/ACTION/DISCUSSION: A. Consider Presentation from Final Library Board Applicant. Staff Recommendation: Hear presentation from David Landry and schedule appointments to fill two vacancies on the Library Board for the June 21, 2017, regular City Council meeting. (Staff: Blanca Garza) B. Consider Studies to Develop Strategies for Future Development of City- owned Properties in the Downtown Area. Staff Recommendation: Authorize the City Manager to continue the process to prepare studies on City-owned properties in the downtown area including geotechnical and structural evaluations in order to prepare a strategy for future disposition of the properties. (Staff: Steven Kueny) C. Consider Approval of Transfer of 80 Acre Parcel in the Tierra Rejada Valley (APN 519-0-210-055) to the Moorpark Watershed Parks, Recreation and Conservation Authority. Staff Recommendation: 1) Approve the transfer; and 2) Authorize the City Manager to execute all documents necessary to effectuate the transfer of the property. (Staff: Jessica Sandifer) Moorpark City Council/Successor Agency June 7, 2017 Regular Meeting Agenda Page 3 9. PRESENTATION/ACTION/DISCUSSION: (continued) D. Consider Scheduling a Public Hearing to Consider a Resolution Updating Permit Application Review and Processing Fees and Deposits and Rescinding Resolution Nos. 2016-3505 and 2017-3588, and Finding this Action Exempt from the California Environmental Quality Act. Staff Recommendation: Schedule a public hearing for the regular July 5, 2017 City Council meeting. (Staff: David Bobardt) E. Consider Pre-Litigation Settlement Agreement between the City of Moorpark and CEMEX Construction Materials Pacific, LLC Regarding CEMEX's Payment of Costs for City Public Improvements in Connection with Modification Application to County of Ventura Conditional Use Permit No. 4633. Staff Recommendation: Approve the Pre-Litigation Settlement Agreement and authorize the Mayor to sign the Agreement, subject to final language approval by the City Manager and City Attorney. (Staff: Steven Kueny) F. Consider Status Report for Disposition and Development Agreement for Sale of City's Property Located at 192 High Street to Apricot Lane Market Holdings, LLC. Staff Recommendation: Receive status report. (Staff: Steven Kueny) 10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) A. Consider Minutes of Regular City Council/Successor Agency Meeting of May 3, 2017. Staff Recommendation: Approve the minutes. B. Consider Minutes of Special City Council Meeting of May 10, 2017. Staff Recommendation: Approve the minutes. C. Consider Minutes of Regular City Council/Successor Agency Meeting of May 17, 2017. Staff Recommendation: Approve the minutes. D. Consider Warrant Register for Fiscal Year 2016/17 — June 7, 2017. Staff Recommendation: Approve the warrant register. E. Consider Resolution Approving an Extension of Time to Develop Property for Low and Moderate Income Housing. Staff Recommendation: Adopt Resolution No. 2017- . (Staff: Jessica Sandifer) F. Consider Agreement with Linda L. Toth dba Home Sweet Home Property Management for Property Management Services at City-owned Properties. Staff Recommendation: Approve the Agreement and authorize the City Manager to sign the Agreement, subject to final language approval by the City Manager. (Staff: Jessica Sandifer) Moorpark City Council/Successor Agency June 7, 2017 Regular Meeting Agenda Page 4 10. CONSENT CALENDAR: (continued) G. Consider Making a Determination that the $6,500.00 Loan to the Mountains Recreation Conservation Authority (MRCA) Has Been Satisfied by Other Services Rather than Payment. Staff Recommendation: Determine the $6,500.00 loan to the MRCA from the City's Endowment Fund has been satisfied by the MRCA. ROLL CALL VOTE REQUIRED (Staff: Steven Kueny) 11. ORDINANCES: (ROLL CALL VOTE REQUIRED) A. Consider Ordinance No. 447 An Ordinance of the City of Moorpark California, Approving Zoning Ordinance Amendment No. 2017-02, An Amendment to Chapter 17.20 (Uses by Zone) of Title 17 (Zoning) of the Moorpark Municipal Code to Address Marijuana and Medical Marijuana Cultivation, Tobacco Sales Including Electronic Cigarettes, Drive-Through Facilities, Check Cashing, Payday Loan, and Vehicle Title Loan Establishments, and Massage Establishments; and Making a Determination that This Action is Exempt from the California Environmental Quality Act. Staff Recommendation: Waive full reading, declare Ordinance No. 447 read for the second time, and adopted as read. ROLL CALL VOTE REQUIRED B. Consider Ordinance No. 448 An Ordinance of the City of Moorpark California, Amending Chapter 8.32, (Regulating Smoking in Public Places) of Title 8 (Health and Safety) of the Moorpark Municipal Code and Making a Finding of Exemption Under the California Environmental Quality Act. Staff Recommendation: Waive full reading, declare Ordinance No. 448 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) 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) Moorpark City Council/Successor Agency June 7, 2017 Regular Meeting Agenda Page 5 12. CLOSED SESSION: (continued) 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. 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 June 7, 2017 Regular Meeting Agenda Page 6 12. CLOSED SESSION: (continued) G. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Section 54957.6 of the Government Code) Agency Designated Representative: Steven Kueny Unrepresented Management Employees: Active Adult Center Supervisor; Administrative Services Manager; Assistant City Manager; City Clerk; City Engineer/Public Works Director; City Manager; Community Development Director; Community Services Manager; Economic Development and Planning Manager; Deputy Finance Director; Finance Director; Information Systems Manager; Information Systems Administrator; Landscape/Parks Maintenance Superintendent; Management Analyst; Parks and Recreation Director; Program Manager; Public Works Superintendent/Inspector; Recreation Services Manager; Recreation Supervisor; Senior Civil Engineer; and Senior Human Resources Analyst H. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Section 54957.6 of the Government Code) Agency Designated Representative: Steven Kueny Represented Employee Organization: Service Employees International Union, AFL-CIO, CLC, Local 721 I. 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 June 7, 2017 Regular Meeting Agenda Page 7 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING I, Blanca Garza, declare as follows: That I am the Deputy City Clerk II 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, June 7, 2017, at 6:30 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on June 2, 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 June 2, 2017. Blanca Garza, Deputy City Clerk II