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HomeMy WebLinkAboutMIN 1999 0414 CC SPCMINUTES OF THE CITY COUNCIL Moorpark, California April 14, 1999 A Special Meeting of the City Council of the City of Moorpark was held on April 14, 1999, 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 7:12 p.m. 2. ROLL CALL: Present: Councilmembers Evans, Harper, Rodgers, Wozniak, and Mayor Hunter. Staff Present: Steven Kueny, City Manager; John Nowak, Assistant City Manager; Cheryl Kane, City Attorney; Mary Lindley, Director of Community Services; Wayne Loftus, Acting Director of Community Development; and Deborah Traffenstedt, City Clerk. 3. PLEDGE OF ALLEGIANCE: Mr. Loftus led the Pledge of Allegiance. 4. PUBLIC COMMENT: Michael Spoehr, 4861 Heather Court, spoke in support of Ace Bowen, in regard to the City's code enforcement actions. Ernie Bergmann, P.O. Box 1315, Moorpark, spoke in support of Ace Bowen. Gonzalo Macias, 6414 N. Berkeley Circle, spoke in support of Ace Bowen. Dan Wallman, 4210 Laurelhurst Road, spoke in support of Ace Bowen and stated the City's focus should be on correcting safety violations. Jon Haines, 484 E. Los Angeles Avenue, stated that safety violations on Mr. Bowen's property should be corrected but that low- income housing should be retained. Minutes of the City Council Moorpark, California Page 2 April 14, 1999 Art Franco, 11921 Maplecrest Street, spoke in support of Ace Bowen and retaining the affordable housing. Edward Peters, 7155 Walnut Canyon Road, spoke regarding planned filming on his property and asked for the City's support. Anna Bell Sessler, 4968 Mira Sol Drive, stated that Ace Bowen's house on Wicks Road was already divided into two units when Mr. Bowen purchased it. Dr. Roseann Mikos, 14371 E. Cambridge Street, discussed the need to support the adopted Save Our Open Space and Agricultural Resources (SOAR) initiatives. Gerald Goldstein, 11932 Los Angeles Avenue, spoke in support of Ace Bowen. Suggested local talent be allowed to record music to be played on Channel 10. Doug Brossard, 903 Cedar Bluff Court, stated he lived above the Ace Bowen property and that the City deserves its day in court. He also stated the property has many safety problems. Councilmember Harper stated that there are evident safety violations on the Bowen property, that the City is working on options to find replacement affordable housing, and that the City is trying to achieve compliance with codes. 5. PRESENTATION /ACTION /DISCUSSION: A. Consider Rescheduling of Tax Responsibility Act ( TEFRA) Hearin4 Apartments. Staff Recommendation: Council reschedule the TEFRA hearing Apartments to its regular meeting of N Mr. Nowak gave the staff report. Equity Fiscal 3 for Le Club That the City for the Le Club [ay 5, 1999. In response to Councilmember Rodgers, Mr. Kueny stated that this item could be accommodated on the May 5 agenda. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to reschedule the TEFRA hearing for the Le Club Apartments to the Council's regular meeting of May 5, 1999. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 3 April 14, 1999 B. Consider Resolution No. 99 -1597 Approving the Assessment Engineer's Report and the Parks and Recreation Maintenance and Improvement District Mail Ballot. Staff Recommendation: Adopt Resolution No. 99 -1597 Approving the Assessment Engineer's Report and the Parks and Recreation Maintenance and Improvement District Mail Ballot. Ms. Lindley gave the staff report and introduced Gerard Van Stein, Shilts, Consultants, Inc., as the City's consultant and stated he was available to answer questions. In response to Mayor Hunter, Mr. Van Stein explained that a special benefit is a benefit to a property over and above the general public benefit. He also stated that approximately 25 percent of park usage is by people that do not reside within the City, and that the 25 percent number is based on a statewide average. In response to Mayor Hunter, Mr. Van Stein stated that the Council has the authority to reduce the assessment if the estimated capital improvements are not completed. In response to Councilmember Harper, Mr. Van Stein stated that the 25 percent estimate was conservative. In response to Mayor Hunter, Mr. Van Stein stated that the Council would be restricted in modifying the scope of improvements. Mr. Kueny stated that at the June 16 regular meeting, the Council could set the assessment at a lower number but not higher. In response to Mayor Hunter, Mr. Van Stein stated that the law required the 75/25 percent split to be made by an assessment engineer. Mr. Kueny stated that the Council could direct the engineer to go back and do additional study, but that the Council could not unilaterally make a revision. He also stated that additional analysis could probably not be done in less than one month. Minutes of the City Council Moorpark, California Page 4 April 14, 1999 Mr. Stein stated that the level of special benefit for most park assessment districts is similar to what is proposed. Mr. Kueny stated it might not be worth the effort or delay, since only 52 percent of the actual maintenance cost is proposed for the assessment. Kenneth Moss, 226 High Street, spoke in support of a mail -in ballot and the assessment. Eloise Brown, 13193 Annette Street, stated that the General Fund should be used to pay for parks and that she does not support special assessments for parks. In response to Mayor Hunter, Mrs. Brown stated that she understands the City's budget problems but that activities such as adult sports should support maintenance costs. In response to Mayor Hunter, Ms. Traffenstedt stated that a written statement card had been received from Dr. Roseann Mikos in support of the park assessment and mail ballot. Mr. Kueny stated that the staff recommendation should be changed to require final language approval by the City Manager and City Attorney. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adopt Resolution No. 99 -1597 approving the Assessment Engineer's Report and the Parks and Recreation Maintenance and Improvement District Mail Ballot, subject to final language approval by the City Manager and City Attorney. The motion carried by unanimous roll call vote. 6. CLOSED SESSION: The City Manager stated that two cases under Item 6.A and Items 6.C., 6.D., 6.E., and 6.G. were to be discussed in closed session. The City Attorney announced that the facts and circumstances creating significant exposure to litigation consist of written communications threatening litigation received from Mr. Richard Francis and Mr. William Paterson relative to rezoning the Specific Plan No. 8 property. Minutes of the City Council Moorpark, California Page 5 April 14, 1999 MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to adjourn to closed session for a discussion of two cases under Item 6.A and Items 6.C., 6.D., 6.E., and 6.G. The motion carried by unanimous voice vote. The time was 8:20 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. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark, et al E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Villa Del Arroyo, LTD., a limited partnership vs. City of Moorpark F. 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 G. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) City of Moorpark vs. Bowen AT THIS POINT in the meeting, a recess was declared. The time was 8:20 p.m. The Council reconvened at 8:35 p.m. into closed session. Present in closed session were all Minutes of the City Council Moorpark, California Page 6 April 14, 1999 Councilmembers, Steven Kueny, City Manager; Cheryl Kane, City Attorney; John Nowak, Assistant City Manager; Wayne Loftus, Acting Director of Community Development; and Deborah Traffenstedt, City Clerk. Mr. Loftus and Ms. Traffenstedt left the meeting at 9:55 p.m. after discussion of two cases under Item 6.A. The Council reconvened into open session at 10:38 p.m. Mr. Kueny stated that two cases under Item 6.A. and Items 6.C., 6.D., 6.E., and 6.G. were discussed; that Councilmember Rodgers did not participate in the discussion for the two cases under Item 6.A. and for Items 6.C. and 6.D.; and that there was no action to report. 5. ADJOURNMENT: MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 10:39 p.m. ATTEST: Deborah S. Traffenste t City Clerk