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HomeMy WebLinkAboutAGENDA REPORT 2001 1219 CC REG ITEM 11Aof t41- goal _ t • /`r ` .,_(y .,, -,_ ®. MINUTES OF THE CITY COUNCIL Moorpark, California November 13, 2001 A Special Meeting of the City Council of the City of Moorpark was held on November 13, 2001, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 5:35 p.m. 2. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Wozniak and Mayor Hunter Staff Present: Steven Kueny, City Manager 3. PUBLIC COMMENT: None. 4. CLOSED SESSION: Mr. Kueny announced that Item 4.A. would be discussed in closed session. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adjourn to closed session for a discussion of Item 4.A. The motion carried by unanimous voice vote. The time was 5:35 p.m. A. PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) Title: Director of Community Development Present in closed session were all Councilmembers and Steven Kueny, City Manager. A Candidate for Director of Community Development arrived at 5:50 p.m. and left the meeting at 7:05 p.m. The Council reconvened into open session at 7:10 p.m. Mr. Kueny stated that only Item 4.A, was discussed and that there was no action to report. Minutes of the City Council Moorpark, California Page 2 November 13, 2001 S. ADJOURNMENT: Mayor Hunter adjourned the meeting at 7:10 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk MINUTES OF THE CITY COUNCIL ark, California November 13, 2001 A Special Meeting of the City Council, Redevelopment Agency, and Public Financing Authority of the City of Moorpark was held on November 13, 2001, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 7:14 p.m. 2. ROLL CALL: Present: Councilmembers /Redevelopment Agency /Public Financing Authority Members Harper, Mikos, Millhouse, Wozniak, and Mayor /Chair Hunter Staff Present: Steven Kueny, City Manager /Executive Director; Joseph Montes, City Attorney /General Counsel; Hugh Riley, Assistant City Manager /Assistant Executive Director; and Deborah Traffenstedt, City Clerk /Agency and Authority Secretary 3. PUBLIC COMMENT: None. 4. PRESENTATION /ACTION /DISCUSSION: Mayor Hunter announced that the agenda would be reordered to consider the agenda items in the following order: Item E.; Item D.; Items A., B., and C. together, and Item F. E. Consider City Council Appointment of a City Veteran's Liaison to the Ventura Veteran's Home Project Committee. Staff Recommendation: Appoint a City of Moorpark Veteran's Liaison to the Ventura Veteran's Home Project Committee. MOTION: Mayor Hunter moved and Councilmember Millhouse seconded a motion to appoint Councilmember Wozniak as the City's Liaison to the Ventura Veteran's Home Project Committee. The motion carried by unanimous voice vote. D. Consider City Council Approval of the Use of the Civic Center Facilities for the "Showcase Moorpark" Event Minutes of the City Council Redevelopment Agency and Public Financing Authority Moorpark, California Page 2 November 13, 2001 Sponsored by the Moorpark Chamber of Commerce and to Waive All Fees for the Use of the Facilities Including Staff Time. Staff Recommendation: 1) Authorize the use of the Civic Center facilities including the parking area by the Chamber of Commerce on January 12, 2001, from 11:00 a.m. until 4:00 p.m.; and 2) Waive the facility usage fee of $125.00, but not the out -of- pocket staffing cost. In response to Mayor Hunter, Mr. Scott Green representing the Chamber discussed their Showcase Moorpark Event promotion plans. MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded a motion to: 1) Authorize the use of the Civic Center facilities including the parking area by the Chamber of Commerce on January 12, 2001, from 11:00 a.m. until 4:00 p.m.; and 2) Waive the facility usage fee of $125.00, but not the out -of- pocket staffing cost. The motion carried by unanimous voice vote. The following three items were considered concurrently: A. Consider Approval by the City of Moorpark of a Resolution Approving the Issuance by the Redevelopment Agency of Moorpark (the "Agency ") of its 2001 Tax Allocation Bonds. Staff Recommendation: Adopt Resolution No. 2001 -1914 Approving the Redevelopment Agency of the City of Moorpark 2001 Tax Allocation Bonds. B. Consider Adoption of a Resolution of the Moorpark Redevelopment Agency Authorizing the Issuance and Sale of 2001 Tax Allocation Revenue Bonds of the Redevelopment Agency of the City of Moorpark and Approving Related Documents and Actions. Staff Recommendation: Adopt Resolution No. 2001 -105. C. Consider Adoption of a Resolution of the Public Financing Authority Authorizing the Purchase and Sale of 2001 Tax Allocation Revenue Bonds of the Redevelopment Agency of the City of Moorpark and Approving Other Matters Related Thereto. Staff Recommendation: Adopt Resolution No. 2001 -5. Minutes of the City Council Redevelopment Agency and Public Financing Authority Moorpark, California Page 3 November 13, 2001 Mr. Riley gave the staff report and stated that Mr. Marshall Lynn from Urban Futures, Inc. was in attendance to answer questions. Mr. Lynn explained that due to interest rates it was a good bond market. In response to Councilmember Millhouse, Mr. Lynn stated that the top bond rating was triple A. In response to Councilmember Harper, Mr. Lynn explained that the discount rate has more of an effect on ten -year bonds not thirty -year bonds. He recommended taking advantage of the current rates. MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded a motion to adopt City Council Resolution No. 2001 -1914 approving the Redevelopment Agency of the City of Moorpark 2001 Tax Allocation Bonds. The motion carried by unanimous voice vote. MOTION: Redevelopment Agency Member Harper moved and Agency Member Mikos seconded a motion to adopt Redevelopment Agency Resolution No. 2001 -105 approving the issuance and sale of 2001 Tax Allocation Revenue Bonds of the Redevelopment Agency of the City of Moorpark and approving related documents and actions. The motion carried by unanimous voice vote. MOTION: Public Financing Authority Member Mikos moved and Authority Member Millhouse seconded a motion to adopt Public Finance Authority Resolution No. 2001 -5 approving purchase and sale of 2001 Tax Allocation Revenue Bonds of the Redevelopment Agency of the City of Moorpark and approving other related matters. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, Chair Hunter closed the Public Finance Authority meeting. The time was 7:25 p.m. F. Consider City Council Action to Place before the Voters of Moorpark, Ordinance No. 275 (the "Ordinance ") Repealing Ordinance No. 111 that Amended the Moorpark Redevelopment Plan Restricting the Use of Eminent Domain for Residential Properties in the Project Area. Staff Recommendation: 1) Determine that "'r_' Minutes of the City Council Redevelopment Agency and Public Financing Authority Moorpark, California Page 4 November 13, 2001 the proposed ballot measure for Ordinance No. 275 is exempt. from CEQA; 2) Adopt Resolution No. 2001 - Calling and Giving Notice of the Holding of a Special Municipal Election on Tuesday, March 5, 2002; 3) Adopt Resolution No. 2001- , Requesting the Board of Supervisors of Ventura County to permit the County Clerk to render services to the City of Moorpark for the Special Election; 4) Adopt Resolution No. 2001- , setting priorities for filing a written argument regarding a City measure and directing the City Attorney to prepare an impartial analysis; 5) Adopt Resolution No. providing for the filing of rebuttal arguments for City measures submitted at municipal elections; and 6) Direct the City Clerk to place the proposed measure on the March 5, 2002 ballot. Mr. Riley gave the staff report. In response to Mayor Hunter, Mr. Riley explained the difference between Ordinances Nos. 110 and 111. In response to Mayor Hunter, Mr. Riley stated that extending the authority for use of eminent domain to acquire commercial and industrial properties required a Redevelopment Plan amendment, not a vote of the people. He also stated that there had been a 12 -year eminent domain authority for commercial and industrial property when the Plan was adopted, and that such authority has since expired. Colin Velazquez, a Simi Va property owner, stated he eminent domain to acquire property. Eloise Brown, a Moorpark opposed to use of eminent residential property. lley resident and Moorpark does not support use of owner - occupied residential resident, stated she was domain for owner - occupied Roberto Barrera, a Moorpark resident, stated he was also opposed to use of eminent domain for residential properties. He stated he was the owner of several residential properties in the Redevelopment Area. He asked the Council what properties were being considered for purchase. Minutes of the City Council Redevelopment Agency and Public Financing Authority Moorpark, California Page 5 November 13, 2001 Mr. Riley responded that the Agency was primarily interested in purchasing vacant properties. Mr. Barrera repeated that he was opposed to repeal of Ordinance No. 111. Mr. Kueny stated that State law allows what was being proposed for voter consideration. Bernardo Perez, a Moorpark resident, spoke in opposition. He discussed concerns for Downtown residents. He asked for a public hearing and noticing prior to Council's decision to put the eminent domain issue on the ballot. In response to Councilmember Harper, Mr. Kueny stated that sometimes acquisition of residential property was needed to have effective tools to accomplish City and Agency objectives. In response to Mayor Hunter, Mr. Riley stated that assembly of parcels is needed to achieve new affordable housing projects. Councilmember Millhouse stated that what was proposed was solely a question of putting this to a vote of the people. He stated that he didn't see the downside of letting the voters decide. He also stated he would only be in favor of use of eminent domain if the benefit greatly outweighs the individual property owner's rights, and that the Agency should be given the authority and then held accountable. In response to Councilmember Mikos, Mr. Kueny stated that the prior vote was just on Ordinance No. 111. In response to Councilmember Harper, Mr. Kueny stated that there would be public participation for any proposed discretionary project. Mr. Riley referenced the planning and environmental clearance process. Mayor Hunter stated that use of eminent domain is a highly regulated process. Minutes of the City Council Redevelopment Agency and Public Financing Authority Moorpark, California Page 6 November 13, 2001 Councilmember Harper stated that the law protects compensation not a person's home. Mayor Hunter stated that the core question is should the electorate be given the right to vote, and that he supported allowing the public to vote. Mr. Kueny stated that another option is to wait for the November 2002 election. Councilmember Wozniak stated that he supported waiting for the November 2002 election. Mayor Hunter asked if there was consensus for no action at this time. CONSENSUS: By consensus, the City Council determined to take no action. 5. REDEVELOPMENT AGENCY CONSENT CALENDAR: MOTION: Agency Member Harper moved and Agency Member Wozniak seconded a motion to approve the Redevelopment Agency Consent Calendar. The motion carried by unanimous voice vote. A. Consider Approval of Minutes of Special Redevelopment Agency Meeting of August 1, 2001. Consider Approval of Minutes of Special Redevelopment Agency Meeting of August 29, 2001. Consider Approval of Minutes of Special Redevelopment Agency Meeting of September 5, 2001. Staff Recommendation: Approve minutes as processed. 6. CITY COUNCIL CLOSED SESSION: Mr. Kueny announced that Item 6.H. would be discussed in City Council closed session. MOTION: Councilmember Wozniak moved and Councilmember Mikos seconded a motion to adjourn to closed session for a discussion of Item 6.H. The motion carried by unanimous voice vote. The time was 8:25 p.m. Minutes of the City Council Redevelopment Agency and Public Financing Authority Moorpark, California Page 7 November 13, 2001 AT THIS POINT in the meeting, the Redevelopment Agency meeting was adjourned. Mr. Riley and Ms. Traffenstedt left the meeting at this time. H. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Assistant City Manager, Assistant to City Manager /City Clerk, City Manager, City Attorney, City Engineer, Chief of Police, Director of Administrative Services, Director of Community Development, Director of Community Services, and Director of Public Works. Present in closed session were all Councilmembers and Steven Kueny, City Manager. The Council reconvened into open session at 8:40 p.m. Mr. Kueny announced that Item 6.H. was discussed in closed session and that there was no action to report. 6. ADJOURNMENT: Mayor Hunter adjourned the City Council meeting at 8:40 p.m. ATTEST: Deborah S. Traffenstedt City Clerk and Secretary to Redevelopment Agency and Public Financing Authority Patrick Hunter, Mayor and Chair of Redevelopment Agency and Public Finance Authority MINUTES OF THE CITY COUNCIL rk, California December 5, 2001 A Special Meeting of the City Council of the City of Moorpark was held on December 5, 2001, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 5:37 p.m. 2. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Wozniak and Mayor Hunter Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney; Bradley Wohlenberg, Assistant City Attorney; Hugh Riley, Assistant City Manager; Mary Lindley, Community Services Director; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. 3. PUBLIC COMMENT: None. 4. PRESENTATION /ACTION /DISCUSSION: A. Consider Resolution Authorizing the City Manager to Contract for Emergency Repair Work to Public Facilities Pursuant to Public Contracts Code Section 22050. Staff Recommendation: Adopt Resolution No. 2001- Ms. Lindley gave the staff report. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to approve the staff recommendation and adopt Resolution No. 2001 -1915. The motion carried by unanimous voice vote. 5. CLOSED SESSION: Mr. Kueny announced that one case under Item S.A. and Items 5.C., 5.D., 5.E., 5.F., 5.G., and 5.H. would be discussed in closed session. Minutes of the City Council Moorpark, California Page 2 December 5, 2001 Mr. Montes announced that for the one case under Item 5.A., the facts and circumstances creating significant exposure to litigation consist of a written communication threatening litigation received from Mackenzie & Albritton LLP, legal counsel representing AT &T Wireless and dated November 30, 2001 and December 5, 2001. MOTION: Councilmember Mikos seconded a motion to adjourn of one case under Item S.A. 5.G., and 5.H. The motion The time was 6:41 p.m. Ms. time. moved and Councilmember Wozniak to closed session for a discussion and Items 5.C., 5.D., 5.E., 5.F., carried by unanimous voice vote. Lindley left the meeting at this A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark and City Council of the City of Moorpark (Case No. SCO21825) D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark and City Council of the City of Moorpark (Case No. SCO22256) E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Hidden Creek Ranch, LP, a California Limited Partnership vs. the City of Moorpark and to Real Parties in Interest: Clint Harper, Roseann Mikos, Andrew Prokopow, and Committee to Qualify Hidden Creek Referendum Controlled by Clint Harper and Roseann Mikos (Case No. SCO21959) F. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Hidden Creek Ranch, LP, a California Limited Partnership and Messenger Investment Company, Inc., a California Corporation vs. The City of Moorpark and City Council of the City of Moorpark (Case No. SCO23388) Minutes of the City Council Moorpark, California Page 3 December 5, 2001 Present in closed session were all Councilmembers; Steven Kueny, City Manager; Joseph Montes, City Attorney; Bradley Wohlenberg, Assistant City Attorney; Hugh Riley, Assistant City Manager; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. Mr. Wohlenberg left the meeting at 6.27 p.m. The Council reconvened into open session at 6:40 p.m. Mr. Kueny stated that only one case under Item 5.A., and Items 5.C., 5.D., 5.E., and 5.F. were discussed and that there was no action to report. 6. ADJOURNMENT: Mayor Hunter adjourned the meeting at 6:40 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk