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HomeMy WebLinkAboutMIN 1992 0527 CC SPCMINUTES OF THE CITY COUNCIL Moorpark, California May 27, 1992 A Special Meeting of the City Council of the City of Moorpark was held on May 27, 1992 in the City Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Pro Tem Wozniak called the meeting to order at 6:05 p.m. Present: Councilmembers Montgomery, Perez, Talley, and Mayor Pro Tem Wozniak. Absent: Mayor Lawrason. Steven Kueny, City Manager; and Cheryl Kane, City Attorney. 2. CLOSED SESSION: MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to adjourn to Closed Session for a discussion of all items listed on the Agenda: A. Personnel. B. Personnel pursuant to Government Code Section 54957.6. C. Potential litigation pursuant to Government Code Section 54956.9(b)(1). D. Potential litigation pursuant to Government Code Section 54956.9(c). E. Litigation concerning Ventura County Community College District Case No. 107569 vs. City of Moorpark. F. Litigation concerning the Moorpark Mosquito Abatement District vs. City of Moorpark. G. Negotiations for Real Property at 280 Casey Road (Moorpark Unified School District) pursuant to Government Code Section 54956.8. H. Litigation concerning Conejo Freeway Properties, Ltd. vs. City of Moorpark. I. Litigation concerning City of Moorpark vs. Southern California Edison, et al. Minutes of the City Council Moorpark, California Page 2 May 27, 1992 J. Negotiations for Real Property on the South Side of High Street (Southern Pacific /VCTC) pursuant to Government Code Section 54956.8. The motion carried by voice vote 4 to 0, Mayor Lawrason absent for the vote. Present in Closed Session were all Councilmembers but Mayor Lawrason; Steven Kueny, City Manager; and Cheryl Kane, City Attorney. The meeting reconvened into Open Session at 6:35 p.m. Mr. Kueny stated that there was no action to report out of Closed Session and only items 2.E., 2.F., and 2.I. were discussed. AT THIS POINT in the meeting a recess was declared. The time was 6:35 p.m. Mayor Pro Tem Wozniak called the meeting back to order at 7:00 p.m. President Baldwin called the Moorpark Unified School District Board of Education to order. 3. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Pro Tem Wozniak. City Council present: Councilmembers Montgomery, Perez, Talley, and Mayor Pro Tem Wozniak. Staff present: Steven Kueny, City Manager; Cheryl Kane, City Attorney; Richard Hare, Deputy City Manager; Lillian E. Kellerman, City Clerk; Dorothy Vandaveer, Deputy City Clerk. Absent: School Board present: Absent: Mayor Lawrason. Board Members Harper, Nianoa and President Baldwin. Board Members Barker and Castro. Staff present: Robert Mason, Attorney; Tom Duffy, Superintendent. Minutes of the City Council Moorpark, California Page 3 4. DISCUSSION: A. Redevelopment Issue. May 27, 1992 BY CONSENSUS: By consensus, the City Council and Board of Education determined to devote the first hour to discussion of the Redevelopment issues. Mr. Baldwin went over the City's latest proposal which had been submitted to them in a letter to Mr. Duffy, dated May 22, 1992 and listed in numbers 1, 2 and 3 as follows: 1. For amounts above the 2% pass through, beginning in year seven (1995 -96), the Agency shall set aside 14% of the amount the District would otherwise receive. These funds shall be separately accounted for by the Agency and the District shall request Agency approval for any proposed use of the Funds. The District proposed construction of a new maintenance facility is an acceptable use of the District's funds held by the Agency. The use of other Agency funds for construction at the Maintenance facility is not acceptable. 2. The Casey Road site and any private development thereon shall be included in the calculation of tax increment. 3. The final agreement between the Agency and District concerning the District level of tax increment sharing shall not be affected by the Agency's agreement with another public agency. Mr. Baldwin indicated there were several points of disagreement. Mayor Pro Tem. Wozniak went over the points of the latest proposal by the Board of Education presented in a letter to Mr. Steven Kueny, dated May 20, 1992, as follows: 1. The percent of pass through shall be 14 %. 2. The District will receive 100% of the taxes which would normally accrue to the District (calculated upon a rate of .3331) from the new taxes generated as the result of the development and /or private ownership of the Casey Road site. 3. The Agency will finance the construction of a new maintenance facility for the District in the amount of $750,000. 4. The Agency and the District agree to the inclusion of language in the Settlement Agreement which is recommended by legal counsel to each agency, recognizing the potential need for renegotiation of the Redevelopment Settlement should future Minutes of the City Council Moorpark, California Page 4 May 27, 1992 legislation or case law have a negative affect upon the District General Fund or pass through funds directed to the District. 5. In the event the Agency enters into an agreement with the Ventura Community College District which provides a greater level of revenue sharing than provided for in this proposed agreement, then an amendment to this proposed agreement shall be made within 30 days of the date of the agreement between the Agency and the Ventura Community College District which shall retroactively increase the District's share to an equal amount. Mayor Pro Tem Wozniak stated that the Board of Education was trying to link the Casey Road site once again to Redevelopment Agency issues. He indicated that these two issues needed to be separate. After further discussion, the City Council and the Board of Education determined to adjourn to separate Closed Sessions. The time was 7:40 p.m. Present in Council Closed Session were all Councilmembers but Mayor Lawrason; Steven Kueny, City Manager; and Cheryl Kane, City Attorney. The meeting reconvened into Open Session at 8:00 p.m. with no action reported out of Closed Session. After further discussion of both proposals, the City Council and Board of Education determined to adjourn to separate Closed Sessions. The time was 8:45 p.m. Present in Council Closed Session were all Councilmembers but Mayor Lawrason; Steven Kueny, City Manager; and Cheryl Kane, City Attorney. The meeting reconvened into Open Session at 9:07 p.m. with no action reported out of Closed Session. The Council and the School Board continued to discuss the several points of the proposals. They discussed Agency funding of the maintenance facility for the District and the City's desire for the site to be located in the Redevelopment area. Mr. Duffy clarified that the Moorpark Unified School District was considering a site adjacent to Flory School to locate the maintenance facility. After further discussion, the City Council and Board of Education determined to adjourn to separate Closed Sessions. The time was 9:35 p.m. Minutes of the City Council Moorpark, California Page 5 May 27, 1992 Present in Council Closed Session were all Councilmembers but Mayor Lawrason; Steven Kueny, City Manager; and Cheryl Kane, City Attorney. The meeting reconvened into Open Session at 10:18 p.m. with no action reported out of Closed Session. After further discussion by the City Council and the Board of Education, they determined to return to separate Closed Sessions. The time was 10:45 p.m. Present in Council Closed Session were all Councilmembers but Mayor Lawrason; Steven Kueny, City Manager; and Cheryl Kane, City Attorney. The meeting reconvened into Open Session at 11:00 p.m. with no action reported out of Closed Session. Consensus was reached by the City Council and the Board of Education on the following points: 1. There was a consensus that the percent of pass through to the District shall be 14 %, beginning at year 7. 2. There was consensus to drop Number 2 of the District proposal which stated, "The District will receive 100% of the taxes which will normally accrue to the District (calculated upon a rate of .3331) from the new taxes generated as the result of the development and /or private ownership of the Casey Road Site. 3. There was consensus that the City will finance $750, 000 of the construction of a new maintenance facility for the District. The language for the timing of the $750,000 payment to be worked out by the administrators of the City and District in the agreement. The facility to be built in the redevelopment permit area. 4. There was consensus that it is the intent of both agencies that each agency be protected equally and that they not renegotiate the Settlement Agreement in the future; legal counsel for the City and District to work out language regarding the aforementioned intent for inclusion in the agreement. (Related to No. 4 of Board of Education proposal dated 5/20/92). 5. There was consensus to drop Number 5 of the District's proposal that stated, "In the event that the Agency enters into an agreement with the Ventura Community College District Minutes of the City Council Moorpark, California Page 6 May 27, 1992 which provides a greater level of revenue sharing than provided for in this proposed agreement, an amendment to this proposed agreement shall be made within thirty (30) days of the date of the agreement between the Agency and the Ventura Community College District which shall retroactively increase the District's share to an equal amount. 6. There was consensus that the Agency would not require the District to request Agency approval for any proposed use of the pass through funds (above the 2 %) but that the City and District would share use of recreation facilities built by the District with any portion of the pass through funds. MOTION: President Baldwin moved and Board Member Harper seconded a motion to approve an agreement with the City subject to ratification by the full Board of Education. The motion carried by voice vote 3 to 0, Board Members Barker and Castro absent for the vote. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the agreement in concept and to direct the staff to prepare the settlement agreement. The motion carried by a voice vote 4 to 0, Mayor Lawrason absent for the vote. CONSENSUS: By consensus, it was determined to continue item 5.B. At -Risk Youth program; 5. C. School Traffic and Student Safety; 5.D. Arroyo Vista Community Park /Moorpark High School Stadium and to place a discussion of the sale of the Casey Road lower fields on the next joint agenda. CONSENSUS: By consensus, it was determined that the next joint meeting of the City Council and Board of Education would occur on June 10th at 6:30 p.m. AT THIS POINT IN THE MEETING, a recess was declared. The time was 11:25 p.m. The Board of Education adjourned. The City Council reconvened at 11:30 p.m. 5. ACTION /DISCUSSION: A. _Review Application for Proposal for the Location of a Defense Facility. Mary Lindley gave the staff report. She indicated that staff was seeking Council concurrence on the following points: Minutes of the City Council Moorpark, California Page 7 May 27, 1992 1. That there would be a cost to the Department of Defense of $27,000,000 to purchase the proposed facility. 2. The City would not provide furniture. 3. Child care would not be provided at "no cost ", as requested. 4. Training would not be provided, but the City would suggest the use of Moorpark College. 5. Free or discounted utilities would not be offered. 6. Maintenance of the building would not be offered. 7. The City would not bid on the computer center portion of the proposal. Tom Piehn was allowed to address the Council on this matter and thanked staff and the Council for their efforts in preparation of the application. CONSENSUS: By consensus, the Council determined to go forward with the proposal concurring with the points as listed above. 6. CLOSED SESSION: MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adjourn to Closed session for discussion of Personnel matters. The motion carried by -voice vote 4 to 0, Mayor Lawrason absent for the vote. The time was 11:42 p.m. Present in Closed Session were all Councilmembers but Mayor Lawrason; and Steven Kueny, City Manager. The Council reconvened into open session at 11:48 p.m. Mr. Kueny reported there was no action to report out of closed session and only personnel had been discussed. Minutes of the City Council Moorpark, California Page 8 May 27, 1992 7. ADJOURNMENT: MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to adjourn the meeting. The motion carried by voice vote 4 to 0, Mayor Lawrason absent for the vote. The time was 11:48 p.m. Paul W. LVOrason Jr. Chairman ATTEST: