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CC Resolution No. 2017-3614
Ordinance No. 450
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, JULY 19, 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. Presentation of Ventura County Fair Poster for 2017.
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(Pursuant to Council Rules of Procedure, Section 2.9, Items to be withdrawn from the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
July 19, 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 Ordinance Approving Zoning Ordinance Amendment No. 2017-
04; an Amendment to Chapter 17.40 (Sign Regulations) and Chapter
17.41 (Wireless Communications Facilities) of Title 17 (Zoning) of the
Moorpark Municipal Code to Allow Signage on Certain Wireless Facilities
in Certain Locations; and Resolution Approving Conditional Use Permit
No. 2016-05; and Modification No. 2 to Commercial Planned Development
No. 2004-03 for Construction and Operation of a Major Wireless
Communications Facility within a 48-Foot High Tower at White Sage Road
(Warehouse Discount Center Site), with Signage on the Tower, and
Determining that These Actions Are Exempt from the California
Environmental Quality Act (CEQA), on the Application of Matt Vigil
(Vinculums) on Behalf of Verizon Wireless. 1) Open the public hearing,
accept public testimony, and close the public; 2) Introduce Ordinance No.
, approving Zoning Ordinance Amendment No. 2017-04, for first
reading, which includes the determination of exemption under the
California Environmental Quality Act, waive full reading, and place this
ordinance on the agenda for an adjourned regular meeting to be held at
6:30 p.m. on July 26, 2017, for purposes of providing second reading and
adoption of the ordinance; and 3) Adopt Resolution No. 2017- .
(Staff: David Bobardt)
B. Consider Ordinance Approving Zoning Ordinance Amendment No. 2017-
03, an Amendment to Chapter 17.64 (Density Bonus Provisions) of Title
17 (Zoning) of the Moorpark Municipal Code to Address Changes in State
Law Related to Density Bonuses, Concessions, and Incentives, and
Determining that This Action Is Exempt from the California Environmental
Quality Act. Staff Recommendation: 1) Open the public hearing, accept
public testimony, and close the public hearing; 2) Introduce Ordinance No.
, approving Zoning Ordinance Amendment No. 2017-03, for first
reading, which includes the determination of exemption under the
California Environmental Quality Act, waive full reading, and place this
ordinance on the agenda for an adjourned regular meeting to be held at
6:30 p.m. on July 26, 2017, for purposes of providing second reading and
adoption of the ordinance. (Staff: David Bobardt)
9. PRESENTATION/ACTION/DISCUSSION:
A. Consider Presentation on Community Health Assessment 2017 Report.
Staff Recommendation: Hear presentation from Rigoberto Vargas, Public
Health Director for Ventura County.
Moorpark City Council/Successor Agency
July 19, 2017 Regular Meeting Agenda
Page 3
9. PRESENTATION/ACTION/DISCUSSION: (continued)
B. Consider Presentation on Ventura County Housing Trust Fund Update.
Staff Recommendation: Hear presentation from Linda Brunschweiger,
CEO of the Ventura County Housing Trust Fund.
C. Consider Update on Tierra Reiada Road Streetscape Revitalization
Project (Project No. M0031). Staff Recommendation: 1) Authorize staff to
complete the construction documents for the Tierra Rejada Road
streetscape revitalization project consistent with the approved design
concept and Agreement with Architerra; 2) Authorize staff to prepare bid
documents and solicit bids for the removal of groundcover, with a bid
option for the installation of bark mulch, in the center median islands along
Tierra Rejada Road; and 3) Approve plans and authorize staff to solicit
bids for the construction of a supplemental irrigation system for the Coast
Redwood trees on Tierra Rejada Road. (Staff: Jeremy Laurentowski)
D. Consider an Ordinance Amending Section 2.12.100 of Chapter 2.12, City
Manager, of the Moorpark Municipal Code to Reduce Potential Severance
Pay and Benefits, and Making a Determination of Exemption Pursuant to
the California Environmental Quality Act. Staff Recommendation: 1) Prior
to a motion to introduce the ordinance to amend the Municipal Code, the
Mayor shall make an oral summary report for compliance with Section
54953(c)(3) of the Government Code as follows: "Staff is recommending
the City Council approve an ordinance amending Section 2.12.100 of the
Municipal Code to include a reduction of the severance pay for involuntary
removal from office for a city manager employed prior to January 1, 2016,
to a lump sum equal to 4 weeks of salary and benefits for each year of
service to a maximum of 36 weeks of salary and benefits; and to restrict
the involuntary severance pay for a city manager first employed on or after
January 1, 2016, to a cash severance as specified in a written
employment agreement, provided the maximum amount of severance
shall not exceed 52 weeks of salary and in addition may provide for the
payment of health benefits consistent with the limitations of Government
Code Sections 53260 and 53261 and the City's medical insurance
provider"; and 2) Introduce Ordinance No. for first reading, which
includes the determination of exemption under the California
Environmental Quality Act, waive full reading, and place this ordinance on
the agenda for an adjourned regular meeting to be held at 6:30 p.m. on
July 26, 2017, for purposes of providing second reading and adoption of
the ordinance. ROLL CALL VOTE REQUIRED (Staff: Kevin Ennis,
City Attorney)
Moorpark City Council/Successor Agency
July 19, 2017 Regular Meeting Agenda
Page 4
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Minutes of Special 5:30 p.m. City Council Meeting of July 5,
2017. Staff Recommendation: Approve the minutes.
B. Consider Minutes of Special 6:15 p.m. City Council Meeting of July 5,
2017. Staff Recommendation: Approve the minutes.
C. Consider Warrant Register for Fiscal Year 2016/17 — July 19, 2017. Staff
Recommendation: Approve the warrant register.
D. Consider Warrant Register for Fiscal Year 2017/18 — July 19, 2017. Staff
Recommendation: Approve the warrant register.
E. Consider Plans and Authorization to Advertise for Public Bids for Repair of
a Slope Failure on Lot Q within Meridian Hills Tract 5187-1. Staff
Recommendation: Approve the design for the project and authorize staff
to advertise for construction public bids. (Staff: Sean Corrigan)
F. Consider Surety Bond Exoneration for Pardee Homes Work within the
Boundaries of Tract 5045. Staff Recommendation: Authorize the City
Clerk to fully exonerate nine Pardee Homes Surety Bonds for work within
the boundaries of Tract 5034 as detailed in the agenda report. (Staff:
Sean Corrigan)
G. Consider Rejection of Claim from: Teresa Torrijos. Staff
Recommendation: Reject the claim and direct staff to send a standard
rejection letter to the claimant. (Staff: Teri Davis)
H. Consider Rejection of Claim from: Mercury Insurance for Alberto Ceja.
Staff Recommendation: Reject the claim and direct staff to send a
standard rejection letter to the claimant. (Staff: Teri Davis)
I. Consider City Co-sponsorship of the Rotary Club of Moorpark Noontime
2017 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)
J. Consider Agreement with Away We Grow Preschool, LLC, for Contract
Instructor Services at the Arroyo Vista Recreation Center. Staff
Recommendation: Approve the Agreement and authorize the City
Manager to execute the Agreement, subject to final language approval by
the City Manager. (Staff: Jeremy Laurentowski)
Moorpark City Council/Successor Agency
July 19, 2017 Regular Meeting Agenda
Page 5
10. CONSENT CALENDAR: (continued)
K. Consider Authorization for Recordation of the Notice of Completion for
Recreational Trail Project and Release of Bonds in Accordance with the
Contact. Staff Recommendation: Authorize the City Clerk to file the
Notice of Completion, and release the project bonds as outlined in the
agenda report. (Staff: Jeremy Laurentowski)
L. Consider Geotechnical Report for Civic Center Site. Staff
Recommendation: Receive and file report. (Staff: Jeremy
Laurentowski)
M. Consider Award of Bid for Pavement Rehabilitation Project at Arroyo Vista
Community Park and Lassen Avenue Pedestrian/Bike Lane Maintenance
to Berry General Engineering Contractors, Inc. and Resolution Amending
the Fiscal Year 2017/18 Budget to Fund the Project. Staff
Recommendation: 1) Authorize award of Agreement for Pavement
Rehabilitation Project at Arroyo Vista Community Park and the Lassen
Avenue Pedestrian/Bike Lane Maintenance (M0032 and L0078) to Berry
General Engineering Contractors, Inc. for the contract amount of
$457,847.20, plus a project contingency of $45,784.00 for a total
construction cost of $503,631.20; and authorize the City Manager to sign
the Agreement, subject to final language approval of the City Manager;
and 2) Adopt Resolution No. 2017- , amending the FY 2017/18
Budget to fully fund the project as described in the agenda report. ROLL
CALL VOTE REQUIRED (Staff: Jeremy Laurentowski)
N. Consider Response to Final Report of the Ventura County Grand Jury
2016-2017 on Water Consideration for Cities. Staff Recommendation:
Approve the response to the Grand Jury Report Findings and
Recommendations and authorize the Mayor to sign and submit the
response to the Presiding Judge of the Superior Court. (Staff: Jeremy
Laurentowski)
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
None.
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
July 19, 2017 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. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 500 West Los Angeles Avenue (APN 506-0-050-080)
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: The City of Moorpark and Tom Lindstrom)
Under Negotiation: Price and terms of payment for the potential sale or
lease of property
F. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 240 East Los Angeles Avenue (APN 506-0-020-120)
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: The City of Moorpark and Judith A. Patton
Under Negotiation: Price and terms of payment
G. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Paragraph (1) of Subdivision (b) of Government Code
Section 54957)
Title: City Manager and City Attorney
13. ADJOURNMENT:
Adjourn the Regular Meeting of July 19, 2017, to an Adjourned Regular Meeting
at 6:30 p.m. on Wednesday, July 26, 2017, to be held at the Moorpark
Community Center, 799 Moorpark Avenue.
Moorpark City Council/Successor Agency
July 19, 2017 Regular Meeting Agenda
Page 7
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
July 19, 2017 Regular Meeting Agenda
Page 8
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, July 19, 2017, at 6:30 p.m. in
the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue,
Moorpark, California, was posted on July 14, 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 July 14, 2017.
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Maureen Benson, City Clerk
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NOTICE OF CONTINUANCE OF PUBLIC HEARINGS CLOSED
Duly noticed public hearings regarding:
Consider Ordinance No. 450 Approving Zoning Ordinance Amendment No. 2017-
04; an Amendment to Chapter 17.40 (Sign Regulations) and Chapter 17.41
(Wireless Communications Facilities)of Title 17(Zoning)of the Moorpark Municipal
Code to Allow Signage on Certain Wireless Facilities in Certain Locations; and
Resolution Approving Conditional Use Permit No. 2016-05; and Modification No. 2
to Commercial Planned Development No. 2004-03 for Construction and Operation
of a Major Wireless Communications Facility within a 48-Foot High Tower at White
Sage Road (Warehouse Discount Center Site), with Signage on the Tower, and
Determining that These Actions Are Exempt from the California Environmental
Quality Act (CEQA), on the Application of Matt Vigil (Vinculums) on Behalf of
Verizon Wireless.
and
Consider Ordinance No. 451 Approving Zoning Ordinance Amendment No. 2017-
03, an Amendment to Chapter 17.64(Density Bonus Provisions)of Title 17(Zoning)
of the Moorpark Municipal Code to Address Changes in State Law Related to
Density Bonuses, Concessions, and Incentives, and Determining that This Action Is
Exempt from the California Environmental Quality Act.
were held ata regular meeting of the City Council/SuccessorAgency on July 19, 2017, for
introduction of Ordinance Nos. 450 and 451, at which time the City Council continued the
closed public hearings to the Adjourned Regular meeting of July 26, 2017, for second
reading and adoption of Ordinance Nos. 450 and 451.
Dated: July 20, 2017.
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 Closed Public
Hearings regarding:
Consider Ordinance No. 450 Approving Zoning Ordinance Amendment No. 2017-04; an
Amendment to Chapter 17.40 (Sign Regulations) and Chapter 17.41 (Wireless
Communications Facilities) of Title 17 (Zoning) of the Moorpark Municipal Code to Allow
Signage on Certain Wireless Facilities in Certain Locations; and Resolution Approving
Conditional Use Permit No. 2016-05; and Modification No. 2 to Commercial Planned
Development No. 2004-03 for Construction and Operation of a Maior Wireless
Communications Facility within a 48-Foot High Tower at White Sage Road (Warehouse
Discount Center Site),with Signage on the Tower,and Determining that These Actions Are
Exempt from the California Environmental Quality Act (CEQA), on the Application of Matt
Vigil (Vinculums) on Behalf of Verizon Wireless.
and
Consider Ordinance No. 451 Approving Zoning Ordinance Amendment No. 2017-03, an
Amendment to Chapter 17.64 (Density Bonus Provisions) of Title 17 (Zoning) of the
Moorpark Municipal Code to Address Changes in State Law Related to Density Bonuses,
Concessions,and Incentives,and Determining that This Action Is Exempt from the California
Environmental Quality Act.
continued from the Regular Meeting of July 19, 2017 to the Adjourned Regular Meeting July 26,
2017, was posted on July 20, 2017 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 July 20, 2017.
Maureen Benson, City Clerk