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HomeMy WebLinkAboutMIN 1990 1101 CC JNTMINUTES OF THE CITY COUNCIL Moorpark, California November 1, 1990 A Special Joint Meeting of the Moorpark City Council and the Moorpark Unified School District held in the Board Room of the Moorpark Unified School District, 30 Flory Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Pro Tem. Montgomery called the meeting to order at 4:48 p.m. in the Conference Room of the City Council Chambers. 2. ROLL CALL: Present: Councilmembers Brown, Harper, Lawrason, Montgomery. Absent: Mayor Perez Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney. 3. CLOSED SESSION: MOTION: Councilmember Brown moved and Councilmember Lawrason seconded a motion to adjourn to Closed Session for a discussion of the following: A. Litigation concerning City of Moorpark vs. Moorpark Unified School District. B. Litigation concerning Moorpark Unified School District vs. City of Moorpark. C. Negotiations for Real Property at 289 Casey Road (Moorpark Unified School District) pursuant to Government Code Section 54945.8. The motion carried by unanimous voice vote. Mayor Perez joined the meeting at 4:52 P.M. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; and Cheryl Kane, City Attorney. The Council adjourned from Closed Session at 4:53 p.m. Mr. Kueny stated that there was no action to report out of Closed Session and all items had been discussed. Minutes of the City Council Moorpark, California Page 2 November 1, 1990 MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to authorize the Mayor to sign the "Stipulation Regarding Inadmissibility of Settlement Discussions and Negotiations on November 1, 1990 ". The motion carried by unanimous voice vote. AT THIS POINT in the meeting the Council recessed to go to the Moorpark Unified School District Board Room. The time was 4:54 p.m. Mayor Perez called the Moorpark City Council back to order at 5:15 p.m. President Waters called the Moorpark Unified School District Board of Education to order at 5:15 p.m. Present for the School District: Boardmembers Baldwin, Castro, Hubbard, Nainoa, and President Waters; Thomas Duffy, Superintendent; Enrique Munoz, Attorney; and Judy Zawisza, Secretary. The Pledge of Allegiance was led by President Waters. 4. Discussion of Settlement of Litigation between the City of Moorpark and the Moorpark Unified School District and Acquisition of All or Part of the Casey Road Site. President Waters stated that the Board of Education doesn't have a written proposal to present to the City Council. Mayor Perez indicated that it was the purpose of the meeting, as requested by the Board of Education, to exchange written proposals. BY CONSENSUS: By consensus the Council determined to give the Board of Education their proposal titled "City Council Proposal A and City Council Proposal B ". AT THIS POINT in the meeting, the Board of Education adjourned to Closed Session. Mayor Perez declared a recess. The time was 5:23 p.m. The meeting was called back to order by President Waters and Mayor Perez respectively at 7:40 p.m. The "Counterproposal of the Board of Education to the City Council" was presented and explained by President Waters. She stated that the proposal was for the City to work with the School Board and the Moorpark Boys and Minutes of the City Council Moorpark, California Page 3 November 1, 1990 Girls Club for acquisition and rehabilitation of the gymnasium and 1.5 acre site for $579,350, with facility and site to be retained for public use. The City to purchase the remainder of the Casey Road site in its entirety for a down payment of $1,000,000 and the remaining balance addressed in a lease - purchase agreement in accordance with graduated payments in Exhibit A (presented to the Council with the Board's proposal). The profits from the sale or lease of the property at any time after the purchase from the District to be divided so that 50% of that income will be received by the District. If California State statute is amended, causing a reduction of revenue to the School District, the School Board and the Redevelopment Agency to meet to discuss the issue and seek agreement upon changes. A transition agreement was proposed by the School Board related to programs in existence at the Casey Road site. Boardmember Baldwin explained Exhibit A. Mr. Duffy said the Board also proposed using a portion of the proceeds from the Redevelopment Agency pass- through to build an olympic swimming pool at the new high school. He said the pool could be accessed by paths /trails from the 69 Acre Park (proposed Arroyo Vista Community Park). The Council discussed that the Board was asking more than 100% of the proceeds coming from the Redevelopment Agency in the 16 years of graduated payments shown on Exhibit B. BY CONSENSUS: By consensus, the Council determined they were not in favor of purchasing the whole Casey Road site at the price offered. The School Board was asked if the City's "Proposal All was considered. Discussion ensued regarding other offers tendered to the School Board for portions of the Casey Road site and the possible acquisition of part of the site by A &R Development, and if A &R declined, other interested parties. The Redevelopment Agency pass- through was discussed as presented in Exhibit A of the Board of Education's proposal. Minutes of the City Council Moorpark, California Page 4 November 1, 1990 AT THIS POINT in the meeting the Board adjourned to Closed Session. Mayor Perez declared a recess. The time was 9:38 p.m. The meeting was called back to order by Mayor Perez and President Waters respectively. The time was 10:55 p.m. President Waters said that regarding the Redevelopment issues, the School Board agrees to drop binding arbitration and go with mandatory re- negotiations. She said they appreciated the suggestion to split the difference but they felt that the District had already reduced their request substantially from the original proposal. She said they were willing to go with the concept of the park site, auditorium and gymnasium bringing $2.2 million to the School District. She said the District needed to generate $6.3 million from the remainder of the site. She said they were willing to have representatives of the School District and the City meet with A &R Development to find out if they (A &R) could meet that price. The Board reviewed the items of City Council Proposal A and by consensus tentatively agreed as follows: A) That the items #1 and #2 were acceptable. 1. City to purchase 7.83 acre portion of lower field portion of Casey Road site at 25 percent of appraised value of City's appraisal as updated to September 1989. 2. City to purchase balance of lower fields of approximately 2.8 acres at 100 percent of appraised value of City's appraisal as updated to September 1989. B) After discussion that the School Board should have the right of first refusal at market value (the 7.83 acres under Naylor), it was determined that item #3 (below) be tabled. 3. Title to properties in 1. and 2. above to be transferred without any restrictions. Minutes of the City Council Moorpark, California Page 5 November 1, 1990 C) That the two items listed as #4 were acceptable. 4. City to work with District and Moorpark Boys and Girls Club for acquisition and rehabilitation of gymnasium and approximate 1.5 acre site at the price of $579,350 with the facility and site to be retained for public use. 4. City to fund a structural engineering, asbestos and related study of the auditorium to determine feasibility for rehabilitation. District to provide access to pertinent District records and the building. Upon receipt of the reports, the City and District will discuss City purchase, joint ownership and use agreement and /or other means of disposition desired by District. If auditorium is retained, City, District and Boys and Girls Club to explore shared parking for auditorium and gymnasium. D) That the item listed as #5.b. was acceptable. B. Cooperate with the District to process 120 market rate dwelling units. E) That the item listed as #6 was tabled. 6. The City's proposal for redevelopment tax increment sharing is the same as previously presented. The City agrees to place the District's two percent inflationary pass- through and District's share of the increment in a trust fund to be used at the District's discretion. The City wants assurance of general public use through City recreation programs for facilities constructed with trust fund monies. By use of the trust fund, the District can receive a like amount of State funds. The City cannot agree to mandatory binding arbitration on the issue of unforeseen future impacts on District revenue as a result of State budget action. In the event of such action, the City can agree to allow the District to use its tax increment trust fund monies to replace such reduced revenue. In the event such impact exceeds the amount of the trust fund monies, the City would then meet with the District to seek agreement on how to address the impact with consideration to having the District treated in a similar fashion to other school districts in Ventura County that have tax increment sharing agreements. Minutes of the City Council Moorpark, California Page 6 November 1, 1990 In response to Mayor Perez's request, Mr. Duffy said that there was the potential of an exchange of appraisals. In response to Council questions, the Board of Education clarified that it was their intent to have a Boardmember, a Councilmember and a staff person from each agency meet with A &R Development. CONSENSUS: There was consensus by both the Board of Education and the City to seek information regarding the City of Simi Valley's Redevelopment Agency tax share agreements. 5. ADJOURNMENT: President Waters adjourned the Board of Education. MOTION: Councilmember Brown moved and Councilmember Montgomery seconded a motion to adjourn. The motion carried by unanimous voice vote. The time of adjournment was 11:30 p.m. Paul W. Lavlr son Jr., Mayor ATTEST: