HomeMy WebLinkAboutMIN 1998 0624 CC SPCMINUTES OF THE CITY COUNCIL
Moorpark, California June 24, 1998
A Special Meeting of the City Council of the City of Moorpark was
held on June 24, 1998 in the Council Chambers of said City, located
at 799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Mayor Hunter called the meeting to order at 6:35 p.m.
The City Attorney, Ms. Kane, announced that the City Council
would be going into closed session for discussion of one case
under Item 6.A., and that the facts and circumstances creating
significant exposure to litigation, which facts and
circumstances are known to potential plaintiffs, consist of
alleged defects in the Save Our Open Space and Agricultural
Resources (SOAR) initiative petition.
6. CLOSED SESSION:
MOTION: Councilmember Wozniak moved and Councilmember Perez
seconded a motion to adjourn to closed session for discussion
'— of one case under Item 6.A. The motion carried by unanimous
voice vote. The time was 6:36 p.m.
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)
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c) of
Section 54956.9 of the Government Code: (Number of cases
to be discussed - 4)
C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: Administrative Services Director, City Attorney,
City Clerk, City Manager, city Engineer, Director of
Community Development, Director of Community Services,
Public Works Director
D. CONFERENCE WITH LABOR NEGOTIATOR
Unrepresented employees: Assistant City Manager, City
Clerk, City Engineer, Director of Community Development,
Director of Community services, Public Works Director,
Administrative Services Manager, Planning Manager,
Principal Planner, and Senior Management Analyst.
Minutes of the City Council
Moorpark, California Page 2 June 24, 1998
Present in closed session were all Councilmembers; Steven
Kueny, City Manager; John Nowak, Assistant City Manager, and
Cheryl Kane, City Attorney.
The Council reconvened into open session at 7 :47 p.m.
Mr. Kueny stated that there was no action to report for Item
6.A.
2. PLEDGE OF ALLEGIANCE:
Mr. Kueny led the pledge of allegiance.
3. ROLL CALL:
Present: Councilmembers Evans, Perez, Teasley, Wozniak,
and Mayor Hunter
Staff Present: Steven Kueny, City Manager; John Nowak,
Assistant City Manager; Mary Lindley, Director
of Community Services; Nelson Miller, Director
of Community Development; Cheryl Kane, City
Attorney; John Libiez, Principal Planner;
Deborah Traffenstedt, City Clerk; and Susan
Meyer, Deputy City Clerk
4. PUBLIC COMMENT:
None
5. PRESENTATION /ACTION /DISCUSSION:
CONSENSUS: By consensus the Council determined to consider
Items 5.B. and S.C., consecutively, following Item S.D.
A. Consider Award of Bid for the Purchase and Installation
of Playground Equipment for Glenwood Park (Continued from
June 17, 1998. Staff Recommendation: Award the Glenwood
Park playground equipment contract to Dynacon in the
amount of $39,990, and authorize the City Manager to sign
the contract on behalf of the City.
Ms. Lindley gave the staff report.
Councilmember Evans discussed the potential savings for
closing parks and fence rental expenses and questioned
whether another to be considered is to take Griffin Park
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Moorpark, California Page 3 June 24, 1998
out of the inventory for at least one year. He also
discussed Glenwood Park as a potential candidate for
closure.
Councilmember Perez stated that he did not support
further park closures in this budget year.
In response to Councilmember Teasley, Ms. Lindley stated
that park improvement funds collected for Zone 6, which
only included Glenwood Park, could not be used for other
parks outside Zone 6 under the Council's current policy.
In response to Councilmember Teasley, Ms. Lindley stated
that the budget included information on the balance of
funds for all zones and that there was a deficit shown
for the Community Zone.
MOTION: Councilmember Perez moved and Councilmember Teasley
seconded a motion to award the Glenwood Park playground
equipment contract to Dynacon in the amount of $39,990, and
authorize the City Manager to sign the contract on behalf of
the City. The motion carried by unanimous voice vote.
D. Consider Potential Additional Items Related to the
1998/1999 Budget. Staff recommendation: Direct staff as
deemed appropriate.
CONSENSUS: By consensus the Council determined to take no
action on Item 5.D.
B. Consider Potential Ballot Measures Relating to
Preservation of Open Space and Special Taxes for Purchase
of Open Space and Funding Legal Defense Costs. Staff
Recommendation: Direct staff as deemed appropriate.
Mr. Miller and Ms. Traffenstedt gave brief staff reports.
Roseann Mikos, 14371 E. Cambridge Street, commented if
the intent of the measure funding legal defense costs is
to apply to both the SOAR measure and the proposed
Council open space measure, then the draft ordinance
should be amended. She also commented that the City
Council should put the SOAR measure on the ballot and not
the City- sponsored open space measure.
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Moorpark, California Page 4 June 24, 1998
In response to Mayor Hunter, Mr. Kueny stated that the
legal defense costs ordinance allows the money collected
to be used to defend all measures on the November ballot.
Jim Hartley, 5950 Gabbert Road, spoke in support of the
City measure if it is the same as SOAR, but allows
projects already under consideration to go forward.
Councilmember Evans explained the Ad Hoc Committee's
draft open space preservation ordinance, which was
included as Attachment 2 to the staff report.
Rick Brecunier, 15221 Read Road, discussed his concern
with economic impacts on agriculture families from the
SOAR initiative measure. He stated that he lives in the
Moorpark area of interest. He also said he was opposed
to ballot box land use planning.
Warren Tetz, 3935 Willow Creek Lane, representing the
Moorpark Chamber of Commerce, stated he would prefer that
neither open space preservation measure be on the ballot,
but prefers the Ad Hoc Committee's measure versus the
SOAR measure. He also expressed his concern with the
legal costs to defend the SOAR measure.
Richard Francis, 711 South "A" Street, Oxnard, stated he
had no concerns with alternative open space measures
being put on the ballot. He also said there was a
tremendous difference between measures and recommended
that the Council not put too many tax measures on the
ballot.
C. Consider Placement of Citizens Initiative Measure
Entitled "City of Moorpark Save Open -Space and
Agricultural Resources Moorpark City Urban Restriction
Boundary" on Ballot for November 3, 1998 General
Municipal Election. Staff Recommendation: Direct staff
as deemed appropriate.
Roseann Mikos, 14371 E. Cambridge Street, requested that
the Council place the citizens SOAR on the ballot.
David Aguirre, 689 -A New L.A. Avenue, expressed his
support for placing the citizens SOAR on the ballot.
Patrick Martin, 15515 Marquette Street, expressed his
support for placing the citizens SOAR on the ballot.
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Moorpark, California Page 5 June 24, 1998
Warren Tetz, 3935 Willow Creek Lane, representing the
Moorpark Chamber of Commerce, stated that the Council
should be cautious in putting the measures on the ballot.
Steve Shehyn, 4330 Los Angeles Avenue, Simi Valley,
requested that the City make farmers aware if the measure
will be placed on the ballot. He also stated that many
people are unaware of the restrictions that will be
placed on farming and building.
In response to Councilmember Evans, Mr. Miller stated
that SOAR will not prevent construction in the County
that was consistent with the zoning for a property.
Alice Tseng, 6809 Trojan Court, expressed her support for
placing the citizens SOAR on the ballot.
Richard Francis, 711 South "A" Street, Oxnard, expressed
his support for placing the citizens SOAR on the ballot.
Carl Laury, 4008 Winterwood Court, expressed his support
for placing the citizens SOAR on the ballot.
Margaret Kirnig, 10725 Citrus Drive, expressed her
support for placing the citizens SOAR on the ballot.
Robert Brunner, 7236 Imbach Place, expressed his support
for placing the citizens SOAR on the ballot.
The City Clerk stated there were 37 written statement
cards received for this item that were in favor of the
SOAR ballot initiative. The names of those submitting
written statement cards are as follows:
Cecilia Mary Constantine, Moorpark
Karen Bouvet, Moorpark
Patricia Duck, Moorpark
Thomas Duck, Moorpark
Ken Imhof, Moorpark
Alfredo Gutierrez, Jr., Moorpark
Daniel Basquez, Moorpark
Jeanette Imhof, Moorpark
Ernest Pacheco, Moorpark
Dawn T. Caven, Moorpark
Alfredo Guiterrez, Sr., Moorpark
Wayne R. Caven, Moorpark
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Moorpark, California Page 6 June 24, 1998
Kathleen M. Caven, Moorpark
Rhonda Wood Smurlo, Moorpark
Steve Smurlo, Moorpark
Elizabeth Harmon, Moorpark
Robert Harmon, Moorpark
Joseph E. Catrambone, Moorpark
Rosemarie Catrambone, Moorpark
Susie Basanda, Moorpark
John W. Kirnig, Moorpark
Donald Bing, Moorpark
Monica Flanders, Moorpark
Janet Murphy, Moorpark
Dave Murphy, Moorpark
Laura Hicks, Moorpark
Patrick Day, Moorpark
Marlena M. Day, Moorpark
James Ballard, Moorpark
Michelle D. Ballard, Moorpark
Don Meredith, Moorpark
Evelyn Meredith, Moorpark
Judith Roller, Moorpark
Thomas Roller, Moorpark
Steve Hagerty, Moorpark
Diane Hagerty, Moorpark
Lisa Dragan, Moorpark
AT THIS POINT in the meeting, a recess was called. The time
was 9:08 p.m. The Council reconvened at 9:20 p.m.
In response to Mayor Hunter, Ms. Kane stated that the
City Clerk was served with a complaint regarding the SOAR
initiative petition, but that it had not yet been filed
with the court, and no summons was served. She also
stated that it was questionable regarding whether a
lawsuit has been commenced for the reasons she had given.
In response to Mayor Hunter, Ms. Kane stated that if the
court finds the SOAR petition insufficient, then the
measure will not be placed on the ballot. She further
explained that other SOAR measure options were for the
City Council to place the measure on the ballot or adopt
an ordinance, which would not be exempt from the
California Environmental Quality Act (CEQA). She also
stated that for City Council measures the options would
be to place a measure on the ballot or to adopt an
ordinance, which requires CEQA clearance.
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Moorpark, California Page 7 June 24, 1998
In response to Councilmember Evans, Ms. Kane stated that
the City Clerk has determined the petition to be
sufficient.
Councilmember Evans expressed his support for putting the
SOAR measure on the November 3 ballot as a citizen's
sponsored initiative by adopting Resolution 98 -1478.
Mayor Hunter stated his support of placing the SOAR
measure on as a Council- sponsored initiative, to avoid
the lawsuit and a potential Special Election. He said he
would also support placing a Council open space
preservation measure on the ballot if the citizen's
initiative is also placed on the ballot.
Councilmember Wozniak referred to the consequences of a
previous citizen's growth control measure not being
placed on the ballot. He stated his support for putting
both measures on the ballot.
Councilmember Teasley stated that the initiative process
should stand on its own.
Councilmember Perez stated that he was in support of
moving forward to adopt the resolution as prepared.
MOTION: Councilmember Evans moved and Councilmember Perez
seconded a motion to adopt Resolution No. 98 -1478, calling and
giving notice of the holding of a General Municipal Election
to be held on Tuesday, November 3, 1998, for the submission of
a proposed initiative measure entitled the Moorpark Save Open -
Space and Agricultural Resources. The motion carried by
unanimous voice vote.
MOTION: Councilmember Evans moved and Councilmember Teasley
seconded a motion to place an ordinance adopting a special tax
for open space acquisition on the November ballot. The motion
carried by unanimous roll call vote.
Councilmember Perez expressed concern with the proposed
ordinance entitled Special Tax for Legal Defense Costs.
Councilmember Evans stated that if there was no legal
challenge then there would be no assessment.
Councilmember Teasley stated that people need to
understand that litigation costs should be taken into
Minutes of the City Council
Moorpark, California Page 8 June 24, 1998
consideration for initiative measures that may be
challenged.
MOTION: Councilmember Evans moved and Councilmember Perez
seconded a motion to place an ordinance adopting a special tax
for legal defense costs on the November ballot. The motion
carried by unanimous roll call vote.
MOTION: Councilmember Evans moved and Councilmember Perez
seconded a motion to place an ordinance entitled Preservation
of Open Space and Agricultural Uses and Creation of a Moorpark
City Urban Restriction Boundary on the November ballot. The
motion carried by unanimous roll call vote.
MOTION: Councilmember Evans moved and Councilmember Perez
seconded a motion to adopt Resolution 98 -1479, ordering the
submission of proposed ordinances to preserve open space and
agricultural uses and establish an urban restriction boundary
for the City of Moorpark, and to finance the costs related to
land acquisitions necessary to administer said preservation,
and to finance the cost of potential litigation created by the
exercise of preservation actions, and requesting that the City
Clerk consolidate said request with Resolution No. 98 -1474
calling for the conduct of a General Municipal Election on
November 3, 1998. The motion carried by unanimous voice vote.
7. ADJOURNMENT:
MOTION: Councilmember Evans
seconded a motion to adjourn.
voice vote. The time was 10 :7/
ATTEST:
Deborah S. Traffen dt, City Cler
moved and Councilmember Perez
rl�e motion carried by unanimous
P M. I /
atrick Huihter, Mayor