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HomeMy WebLinkAboutMIN 1985 0429 CC ADJMoorpark, California April 29, 1985 An" adjourned regular meeting of the City Council of the City of Moorpark, California, was held on April 29, 1985, in the Council Chambers in the City Hall of said City, located at 799 Moorpark Avenue, Moorpark. 1. CALL TO ORDER The meeting was called to order at 7:05 p.m., Mayor Albert Prieto presiding. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Danny Woolard. 3. ROLL CALL t PRESENT: Councilmembers Thomas C. Ferguson, James D. Weak, Danny Woolard, Leta Yancy- Sutton and Mayor Albert Prieto. ABSENT: None. OTHER CITY OFFICIALS AND EMPLOYEES PRESENT: Steven Kueny, City Manager; Niall Fritz, Director of Community Development; Cheryl Kane, City Attorney; Lt. Arve Wells, County Sheriff's Department; and Doris D. Bankus, City Clerk. 4. APPROVAL OF MINUTES Moved by Councilmember Yancy- Sutton, seconded by Councilmember Weak and unanimously carried to approve the minutes of the regular meeting of April 1, 1985. Moved by Councilmember Yancy - Sutton, seconded by Councilmember Weak and unanimously carried to approve the minutes of the regular meeting of April 15, 1985, as corrected. Moved by Councilmember Weak, seconded by Councilmember Yancy - Sutton and unanimously carried that the Notice of Adjournment of the Adjourned Regular Meeting of April 22, 1985, as executed by the City Clerk, be approved and filed in the official Minute Book of City Council Meetings. Moved by Councilmember Weak and seconded by Councilmember Woolard that the minutes of the adjourned regular meeting of April 23, 1985, be approved. Said motion received an affirmative vote from all members of the Council except Councilmember Yancy- Sutton, who abstained because of her absence at said adjourned meeting. -1- 4 -29 -85 5. PROCLAMATIONS /COMMENDATIONS /SPECIAL PRESENTATIONS 5.A. Single Family Mortgage Revenue Bond Program Special Presentation by Dave McEwen, Bond Counsel Mr. David R. McEwen, of the law firm of Stradling, Yocca, Carlson & Rauth, Bond Counsel for the City, addressed Council with a short presentation, describing the role of the Bond Counsel in this matter. He then presented Pamela Wiget, of Stone & Youngberg, the underwriter for the bond program and the bonds, who made a short presentation -- describing the mortgage interest rate which had been obtained for the bonds. She stated that a rate of around 9.375% had been achieved for the mortgage revenue bonds, and that this figure is the lowest mortgage rate to be achieved in California this year under the mortgage bond program. The City Attorney then stated that all documents had been reviewed by her office and that Council should proceed with the necessary actions to formalize the program. 1. Ordinance No. 44, Adopting Home Mortgage Finance Program and Authorizing Implementation of Program The City Attorney presented Ordinance No. 44, entitled: "AN ORDINANCE OF THE CITY OF MOORPARK AUTHORIZING A HOME MORTGAGE FINANCE PROGRAM AND AUTHORIZING AGENCY OFFICERS TO IMPLEMENT THE PROGRAM" It was moved by Councilmember Yancy- Sutton, seconded by Councilmember Weak and unanimously carried to waive further reading of said ordinance. It was moved by Councilmember Yancy- Sutton and seconded by Councilmember Weak that said Ordinance No. 44, entitled as herein - above set forth, be adopted, which motion carried by the following roll call vote: AYES: Councilmembers Yancy- Sutton, Weak, Ferguson, Woolard and Mayor Prieto; NOES: None; ABSENT: None. 2. Resolution No. 85 -190, Authorizing Issuance of $20,000,000 Principal Amount of Single Family Residential Mortgage Revenue Bonds, Issue of 1985, Issued Pursuant to Trust Indenture Dated as of Date of Bonds, Authorizing Sale of Bonds, and Authorizing Execution of and Approving Implementing Agreements, Documents and Actions. The City Attorney presented Resolution No. 85 -190, entitled: -2- Hwz -o H "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK AUTHORIZING THE ISSUANCE OF $20,000,000 PRINCIPAL AMOUNT OF SINGLE FAMILY RESIDENTIAL MORTGAGE REVENUE BONDS, ISSUE OF 1985, SUCH BONDS TO BE ISSUED PURSUANT TO A TRUST INDENTURE DATED AS OF THE DATE OF THE BONDS, AUTHORIZING THE SALE OF SUCH BONDS, SUBJECT TO CERTAIN TERMS AND CON- DITIONS, AND AUTHORIZING THE EXECUTION OF AND APPROVING IMPOEMENTING AGREEMENTS, DOCUMENTS AND ACTIONS" It was moved by Councilmember Woolard, seconded by Councilmember Yancy- Sutton and unanimously carried to waive further reading of said resolution. It was moved by Councilmember Yancy- Sutton and seconded by Council- member Woolard that said Resolution No. 85 -190, entitled as hereinabove set forth, be adopted, which motion carried by the following roll call vote: AYES: NOES: ABSENT: Councilmembers Weak and Mayor None; None. Yancy - Sutton, Woolard, Ferguson, Prieto; 3. Approval of Developer Agreements It was moved by Councilmember Yancy- Sutton, seconded by Councilmember Weak and unanimously carried that the Developer Agreements with Urban West Communities, U.S. Condominium, Warmington Homes, and Regal Homes be approved, and the Mayor and City Clerk authorized to execute same. It was moved by Councilmember Weak and seconded by Councilmember Woolard that the Developer Agreement with Griffin Homes be approved, which motion was carried unanimously, with Councilmember Yancy - Sutton abstaining because of a possible conflict of interest. RECESS The Mayor declare a recess, the time being 7:15 p.m. The meeting reconvened at 7:25 p.m., all members of the Council being present. PUBLIC COMMENTS Gerry Spencer, 790 Poindexter, Moorpark, addressed Council as a representative of the City on the Ventura County Area Housing Authority. She distributed copies of the 13th Annual Report, dated February 24, 1985, and stated that favorable comments were made in the report regarding the senior citizen housing currently under construction in Moorpark. She also expressed appreciation to the Council for having provided her the opportunity to serve on the Commission. -3- 4 -29 -85 6. HEARINGS 6.A. Fiscal Year 1985 -86 Community Development Block Grant (CDBG) Program (continued from April 1, 1985; hearing remained open) Resolution No. 85 -191 Approving Application for Funding from General Allocation of State CDBG Program The Director of Community Development presented and reviewed his report dated April 15, 1985, and participated in discussion with members of the Council. The Mayor stated that the hearing had been continued from the meeting of April 1, 1985, and invited anyone who desired to do so to address Council regarding the subject matter. The following person addressed Council in support of tkie application: Karen Flock, 11011 Azahar, Saticoy, CA 93004 There being no further public testimony to be heard in this matter, the hearing was declared closed. There was discussion regarding fact that application for the grant _ was being considered prior to the filing of an application for a general plan amendment, and the City Attorney stated that the approval of the filing of an application for grant could not be construed as guaranteeing approval for the general plan amendment. It was then moved by Councilmember Weak and seconded by Councilmember Woolard that Resolution No. 85 -191, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING AN APPLICATION FOR FUNDING FROM THE GENERAL ALLOCATION OF THE STATE CDBG PROGRAM be adopted, and that a letter be forwarded to Villa Campesina explaining that the approval of the grant application is not an approval of the general plan amendment. Motion carried by the following roll call vote: AYES: Councilmembers Weak, Woolard, Ferguson and Mayor Prieto; NOES: Councilmember Yancy- Sutton; ABSENT: None. Councilmember Yancy- Sutton requested that the record reflect that her reason for voting No on this matter was because she was opposed to the way in which it was handled; and'that it was her desire to make certain that all applications or proposals submitted to the -" City are handled in an equal manner. 4 -29 -85 7. ORDINANCES /RESOLUTIONS 7.A.. Resolution No. 85 -185 re Personnel Rules The City Manager presented Resolution No. 85 -185 re Personnel Rules, stating that all corrections had been made and new language added pursuant to Council instructions and advice of the City Attorney, and that the resolution was now ready for consideration. After one correction in page 17 regarding removal of reference to "merit increase ", the City Attorney presented Resolution No. 85 -185 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ESTABLISHING PERSONNEL SYSTEM RULES AND REGULATIONS It was moved by Councilmember Yancy- Sutton and seconded by Council - member Weak that said Resolution No. 85 -185 be adopted, which motion carried by the following roll call vote:% AYES: Councilmembers Yancy - Sutton, Weak, Ferguson, Woolard and Mayor Prieto; NOES: None; ABSENT: None. 7.B. Resolution Re Classification Plan At the request of the City Manager, this matter was deferred to the next meeting of the City Council, May 6, 1985. 8. STAFF REPORTS - RECOMMENDED ACTION ITEMS 8.A. Street Sweeping The City Manager reviewed his report dated April 25, 1985 transmitting the initial clean -up and regular sweeping schedule to be implemented under the street sweeping program, and requesting clarification on certain items contained therein. By general consent the following instructions were approved: a. The commercial areas on Los Angeles Avenue (Highway #118) will be swept weekly, commencing at Park Lane, easterly beyond Moorpark Road to Highway #23; b. The commercial sweeping will not include sweeping in front of the Varsity Park Shopping Center; C. We will commence sweeping on a weekly basis on the State Highways on approximately June 1, and will proceed with negotiation of an agreement with Caltrans for such sweeping; , d. On advice of the City Attorney, private streets are not to be included in the street sweeping program of the City. 0615 4 -29 -85 B.B. Employee Bonds The City Manager presented and reviewed his report dated April 25, 1985 for the Public Employees Blanket Bond and Money and Securities coverage. After discussion, it was moved by Councilmember Yancy- Sutton and seconded by Councilmember Woolard that the recommendation of the City Manager be approved, and the bid of Ohio Casualty be accepted for the faithful performance and honesty bond, and that the City self- insure for Money and Securities coverage. Said motion carried by the following roll call vote: AYES: Councilmembers Yancy- Sutton, Woolard, Ferguson, Weak and Mayor Prieto; NOES: None; ABSENT: None. 8.C. Parks and Recreation Commission Recommendations 1. Senior Citizens Club Use of Community Center 2. Initiation of Summer Program The City Manager reported that pursuant to instruction from the Council, the Parks and Recreation Commission had considered the proposal to permit the Senior Citizens Club to use the Community Center without charge, and as a result, two members of the Commission had scheduled a meeting with representatives of the Senior Citizens Club to discuss their use of the Center and what type of programs they would have here. The City Manager then presented and reviewed his report dated April 25, 1985 in regard to the recommendation of the Parks and Recreation Commission that a temporary staff person be retained to plan and coordinate a summer recreation program for the City. Said report also outlined actions which had been taken by the Commission in regard to the summer recreation program. After considerable discussion the City Manager was instructed by general consent to consult with other public agencies to see if some arrangement could be agreed upon for the planning and coordination of a summer recreation program, and to report back at the next Council Meeting. The matter was then tabled by general consent. CITY ATTORNEY REPORT RE PACIFICA CORPORATION VS. CITY OF MOORPARK, ET AL. The City Attorney reported that we are now at the stage in the subject litigation where all briefs have been filed, including an amicus curiae brief from the County of Ventura in the support of the City and the School District. The hearing date for hearing the oral arguments has not been set yet, but would probably be in late May or early June. She also reported that the Appellate'Court had ruled on an almost identical case in Orange County, upholding the particular ordinance, - 4 -29 -85 holding that state law does not prohibit imposition of fees at the time the building permits are issued. 9. ADJOURNMENT There being no further business to come before the Council at this time, it was moved by Councilmember Weak, seconded by Councilmember Ferguson and unanimously carried to adjourn, the time being 8:30 p.m. APPROVED: MAYOR -7- Respectfully submitted, a 1 City Clerk