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HomeMy WebLinkAboutMIN 2000 0301 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California March 1, 2000 A Regular Meeting of the City Council of the City of Moorpark was held on March 1, 2000, 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 6:46 p.m. 2. INVOCATION: Pastor Steven L. Day, Community Christian Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Captain Mike Lewis led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Evans, Harper, Rodgers, Wozniak and Mayor Hunter. Staff Present: Steven Kueny, City Manager; John Nowak, Assistant City Manager; Ken Gilbert, Director of Public Works; Mary Lindley, Director of Community Services; Cheryl Kane, City Attorney; Captain Mike Lewis, Sheriff's Department; Dirk Lovett, Assistant City Engineer; John Libiez, Principal Planner; Mike Mathews, Senior Management Analyst; Graham Mitchell, Senior Management Analyst; Deborah Traffenstedt, City Clerk; and La -Dell VanDeren, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: None. 6. PUBLIC COMMENT: Alex Jones, representing the Moorpark Teen Council, _ introduced Teen Council Members Laura Bealer, Randy Koszela, Amy LaFata, and Ashley Schoonover. He spoke about the upcoming Teen Council programs including the proposed skate ramp purchase and car wash. Minutes of the City Council Moorpark, California Page 2 March 1, 2000 Randy Koszela, Teen Council Member, discussed the romantic movie festival and ski trip. Bill Poleri, 6863 Trojan Court, Air Pollution Control District (APCD) Advisory Committee member, explained the financial shortfall of the APCD and industry permit fee increases under consideration. Eloise Brown, 13193 Annette Street, discussed Proposition 12. She suggested the Council ask the State to return the surplus funds needed by the cities and counties. Gerald Goldstein, 11932 Los Angeles Avenue, addressed the Council regarding the restrooms at City Hall. He discussed the upcoming school bonds. Robert Pereira, 4074 Brindisi Place, President of the Moorpark Tennis Club, suggested tournaments be run on a percentage basis versus flat fee. AT THIS POINT in the meeting, a recess was declared to convene the Redevelopment Agency. The time was 7:05 p.m. The Council reconvened at 7:25 p.m. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure Section 2.9, Items to be withdrawn from the Consent Calendar shall be identified at this time.) Mayor Hunter requested reordering the agenda to hear Item 10.C. prior to Public Hearings, Item 9. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Harper suggested appointing a Citizens Public Safety Committee and requested the matter be discussed on a future agenda. Mayor Hunter reminded the community of Primary Election Day, Tuesday, March 7. He announced the Moorpark Senior Center Fashion Show on April 8. 10. PRESENTATION /ACTION /DISCUSSION: C. Consider Adoption of Resolution No. 2000 -1705, Authorizing the Issuance of Not to Exceed $16,000,000 Aggregate Principal Amount of City of Moorpark Mobile Home Park Revenue Bonds (Villa Del Arroyo), Approving Certain Documents and Authorizinq Certain Actions in Connection Therewith. Staff Recommendation: Adopt Minutes of the City Council Moorpark, California Page 3 March 1, 2000 -- Resolution No. 2000 -1705 and authorize the sales of the Bonds subject to the following conditions: (a) That the legal matters between the present owner of the Villa Del Arroyo Mobile Home Park and all parties be resolved to the satisfaction of the City Attorney; and (b) That the initial debt service coverage on all Bonds secured by a senior lien on the Project be at least 125 percent; and that all Bonds secured by a junior lien be at least 115 percent if any Seller financing is provided (the Series C Bonds) or 110 percent if no Seller financing is provided. Mr. Nowak gave the staff report. He introduced Marshall Linn of Urban Futures, and stated Mr. Linn was available to answer questions. In response to Councilmember Evans, Ms. Kane stated staff had done everything possible to protect the residents of Villa Del Arroyo. She explained that the new owner had waived rights to challenge the rent control ordinance. In response to Councilmember Harper, Mr. Linn stated the residents and City would be protected in the event of default. In response to Councilmember Harper, Ms. Kane stated she had not reviewed the documents regarding protection to residents if default occurred. Mr. Linn stated the direct obligation of the loan was never the responsibility of the City. He explained that the City was allowing the borrower to use the City's tax exempt financing. Mr. Nowak discussed tenant protection related to the payments. In response to Councilmember Harper, Mr. Kueny stated the Council could make a decision subject to final language approval by the City Attorney's office. Mr. Nowak stated Mr. Yeager of the City Attorney's office had reviewed the documents and submitted recommended changes which were being incorporated. Rosalie Gehres, 15750 East Los Angeles Avenue, #99, President of Villa Del Arroyo Mobilehome Park Homeowners Association, stated the homeowners of Villa del Arroyo wanted the sale of the park to move more quickly and come to closure. Minutes of the City Council Moorpark, California Page 4 March 1, 2000 Howard Pompel, 15750 President of Villa stated the residents moving forward to co park would reduce t h the City forgive th residents. East Los Angeles Avenue, #98, Vice del Arroyo Homeowners Association, were excited that the project was mpletion. He stated the sale of the e costs to the City. He requested e legal fees being charged to the Suzanne Taylor, 925 Westridge Court, Upland, Executive Director of Augusta Homes, thanked the Council for assisting the homeowners of Villa Del Arroyo. She explained that the residents would have much greater control of the park. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to adopt Resolution No. 2000 -1705 and authorize the sale of the Bonds subject to the following conditions: (a) That the legal matters between the present owner of the Villa Del Arroyo Mobile Home Park and all parties be resolved to the satisfaction of the City Attorney; (b) That the initial debt service coverage on all Bonds secured by a senior lien on the Project be at least 125 percent; and that all Bonds secured by a junior lien be at least 115 percent if any Seller financing is provided (the Series C Bonds) or 110 percent if no Seller financing is provided; and (c) subject to final review of the documents by the City Attorney. The motion carried by unanimous roll call vote. 9. PUBLIC HEARINGS: A. Consider Resolution No. 2000 -1706 Establishing Underground Utilities District 2000 -1 for the Purpose of Removing Electrical Distribution Lines and Other Overhead Utility Lines from Certain Utility Poles Along Los Angeles Avenue. Staff Recommendation: 1) Adopt Resolution No. 2000 -1706 establishing Underground Utilities District No. 2000 -1; and 2) Direct the City Clerk to notify the owners of the properties within the proposed boundaries of the District of the purpose and requirements of the District in accordance with the requirements of Section 12.20.080 of the Moorpark Municipal Code. Mr. Mathews gave the staff report. In response to Councilmember Harper, Mr. Mathews explained the purpose of formation of the district was to -- prevent future overhead lines. He explained that the City's ordinance required the formation of the district. Minutes of the City Council Moorpark, California Page 5 March 1, 2000 In response to Councilmember Evans, Mr. Mathews stated it would cost approximately $2.2 million to underground the lines from Shasta to Millard. Councilmember Evans stated a majority of the construction would occur out of the travel lanes, with as little disruption as possible. Councilmember Wozniak stated that the project would be done in increments, with the minimum amount of impact to Los Angeles Avenue. Mayor Hunter opened the public hearing. A. DeeWayne Jones, 1055 Marine View, stated Calleguas indicated they would like to start their project in the Fall of 2000. He suggested waiting to do all the undergrounding at one time. He expressed concern with the disruption to Los Angeles Avenue and the impact to the retail stores. He suggested the work be done 24 hours per day to reduce the construction time. In response to Councilmember Evans, Mr. Jones stated he had spoken with the project manager at Calleguas regarding the water line project. He suggested the City - -- impose penalties for the project going over time, as well as incentives for early completion. Mr. Gilbert explained that there were two separate projects. He stated the Southern California Edison project would have minimal impacts. He stated the City had little or no control over either the Calleguas or Edison project and it was not within the City's purview to control the projects because they are within the State right of way. In response to Councilmember Evans, Mr. Gilbert explained why the undergrounding project must proceed as proposed based on funding. In response to Councilmember Rodgers, Mr. Gilbert stated Edison would like to complete the project by the end of the calendar year. Councilmember Harper stated he would like to continue the attempt to locally fund the undergrounding of the additional lines. He explained that two separate projects were necessary because there would be two separate trenches. Minutes of the City Council Moorpark, California Page 6 March 1, 2000 In response to Councilmember Harper, Mr. Gilbert discussed the possibility of placing the City's traffic signal conduits in the Edison trench, rather than a third project. Mayor Hunter closed the public hearing. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to 1) Adopt Resolution No. 2000 -1706 establishing Underground Utilities District No. 2000 -1; and 2) Direct the City Clerk to notify the owners of the properties within the proposed boundaries of the District of the purpose and requirements of the District in accordance with the requirements of Section 12.20.080 of the Moorpark Municipal Code. The motion carried by unanimous voice vote. 10. PRESENTATION /ACTION /DISCUSSION: (Continued) A. Consider Appointment to the Senior Center Advisory Committee. (Continued from Meeting of 2/16/2000.) Staff Recommendation: Select one (1) Senior Center Advisory Committee member to serve a term to end December 31, 2000. Ms. Traffenstedt gave the staff report. MOTION: Mayor Hunter moved and Councilmember Evans seconded a motion to appoint Dick Wardlow to the Senior Center Advisory Committee to serve a term to end December 31, 2000. The motion carried by unanimous voice vote. B. Consider Request for a Subordination Agreement for Assessment District 92 -1 Loan for Westgate Plaza (DeeWayne Jones). (Continued from Meeting of 2/16/2000.) Staff Recommendation: Deny the request for a subordination agreement. Mr. Nowak gave the staff report. In response to Mayor Hunter, Ms. Kane stated the staff report reflected the extensive conversations she had with City staff and Mr. Jones. In response to Councilmember Evans, Mr. Kueny explained the reasons why a development agreement may not be feasible, including that such agreement would require approximately 90 days to prepare and the City would have to offer the land owner some considerations. Minutes of the City Council Moorpark, California Page 7 March 1, 2000 Mayor Hunter concurred that a development agreement did not appear feasible. Mr. Kueny stated the cost would be approximately $20,000. A. DeeWayne Jones, 1055 Marine View, provided a history on the loan and land value. He explained the reasons for the bank's request for subordination of the City's loan. He requested the Council consider the subordination agreement. In response to Mayor Hunter, Ms. Kane explained that, in the event of foreclosure, the only way to protect the City's loan would be to buy out the bank loan. She stated the economics of the subordination agreement was a judgment call of the City Council. She explained that the assessment district was paid off several years ago. She discussed the agreement with the property owner as a deed of trust. She stated, if the City subordinated, typically the City would be paid off at the time of the construction loan. She stated the debt would be retired at the time the construction loan was given. She explained that a construction loan was only given at the time the project was ready to move forward. Mr. Kueny clarified that the permit fees and other outstanding items would be identified in the construction loan. In response to Councilmember Rodgers, Mr. Kueny stated the item was previously deferred to allow the City Attorney to discuss the matter with Standard Bank, which the applicant had declined. He stated Dr. Jones had explored the possibility of including the City loan in the current loan but it was not feasible. Mr. Jones stated initial discussions had provided positive responses but the bank later declined. In response to Councilmember Rodgers, Mr. Jones stated they had received a loan from Hawthorne Bank for $980,000. He explained the current loan they were trying to obtain from Standard Bank. Councilmember Harper stated he could not see the City subordinating the City's outstanding loan on the property. He suggested the City assist in moving the project along. Mr. Kueny stated it was necessary to tie the loan to land in order to protect the City. He stated a development agreement would be the only known option. Minutes of the City Council Moorpark, California Page 8 March 1, 2000 — In response to Councilmember Harper, Ms. Kane stated a new owner could not be obligated to pay the debt. She stated the only other option to ensure the City was repaid would be a development agreement. In response to Councilmember Harper, Mr. Kueny stated the development agreement process would take a minimum of 75 to 90 days. Ms. Kane stated a development agreement may not be enforceable. Councilmember Rodgers stated she could not take a risk with public funds. In response to Councilmember Rodgers, Mr. Jones stated it might be possible to pay down the City loan by $100,000. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to deny the request for a subordination agreement with a caveat that staff continue to look at ways to assist Mr. Jones. The motion carried by unanimous voice vote. D. Consider Establishment of a July 3rd Fireworks Event Fee. Staff Recommendation: Approve an entrance fee of $1.00 per person (for individuals 5 years of age and older) for the 2000 July 3rd event at Arroyo Vista Community Park. Ms. Lindley gave the staff report. Councilmember Wozniak clarified that the committee wanted to make it clear that the fee was for the entertainment not the fireworks. In response to Councilmember Rodgers, Ms. Lindley stated there has traditionally been a booth fee. In response to Councilmember Harper, Ms. Lindley stated the collection of donations versus fees was discussed but donations had not been considered desirable by previous Councils. Councilmember Harper discussed the method used in the city of Thousand Oaks. He suggested high school students be used to collect donations. Mayor Hunter indicated he could support a $1 fee. He explained that the fireworks would remain free. In response to Mayor Hunter, Ms. Lindley stated entrance fees versus parking fees were discussed by the ad hoc committee. Minutes of the City Council Moorpark, California Page 9 March 1, 2000 Mr. Kueny suggested including a certain number of free passes to be provided to Catholic Charities. CONSENSUS: By consensus, the Council directed the committee to determine the number of free passes to be provided to Catholic Charities. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to approve an entrance fee of $1.00 per person (for individuals 5 years of age and older) for the 2000 July 3rd event at Arroyo Vista Community Park. The motion carried by unanimous voice vote. E. Consider Alternatives to Mitiqate Future Traffic and Circulation Impacts Affecting the Downtown and Northwesterly Portions of the Community, Involving the 118 Arterial Bypass. Staff Recommendation: Direct staff as deemed appropriate. Mr. Kueny gave the staff report. Councilmember Wozniak explained that he requested the item to provide an update on the matter and because VCTC needed answers from the City regarding State Route 118 location. He stated it was time to move forward on the bypass study to determine feasibility. In response to Mayor Hunter, Councilmember Wozniak stated the survey was being reviewed by the public and would be discussed by VCTC on March 3. He stated the survey indicated County -wide support for a bypass. He stated Moorpark needed to be proactive. Mayor Hunter suggested a workshop or joint meeting with the Planning Commission to discuss the bypass, with representatives from Caltrans and the Executive Director of VCTC. Councilmember Wozniak stated VCTC staff was willing to attend a meeting to discuss the survey. Councilmember Harper stated if the bypass was developed as an arterial road similar to Tierra Rejada Road, it would not be feasible to divert truck traffic. He stated it was necessary to define the type of project. Mr. Kueny concurred that further discussion was necessary. He stated staff needed to understand whether the bypass was intended as a truck corridor. He stated the Council needed to decide before further decisions on land use occurred. Minutes of the City Council Moorpark, California Page 10 March 1, 2000 Councilmember Evans agreed that it was necessary to have a clear vision and move forward. Tina May, 13853 E. Los Angeles Avenue, suggested the City work towards a real solution to complete S.R. 118 instead of just working to ban truck traffic. Joe Ahearn, 484 E. Los Angeles Avenue, #214, stated it was important for the City to continue moving in a positive direction. He congratulated the City on obtaining funds for a bypass study. Councilmember Harper indicated support for a study group to clearly define the project and ultimate purpose. Mr. Kueny suggested utilizing the 4th or 5th Wednesday of March for a workshop. Mayor Hunter suggested waiting for Councilmember Wozniak to come back from the VCTC meeting, confirming VCTC and Caltrans participation and then scheduling a workshop. CONSENSUS: By consensus, the Council directed staff to bring back a future agenda item to schedule a workshop on the matter. F. Consider Naming of a Street at Poindexter Park. Staff Recommendation: Direct staff as deemed appropriate. Mr. Nowak gave the staff report. Mayor Hunter suggested tabling the item. Councilmember Harper suggested soliciting more public input. Mr. Kueny stated staff could offer suggestions. CONSENSUS: By consensus, the Council directed staff to provide name recommendations and reschedule the item. 11. CONSENT CALENDAR: Councilmember Evans pulled Item 11.E. Councilmember Harper pulled Item 11.C. Minutes of the City Council Moorpark, California Page 11 March 1, 2000 — MOTION: Councilmember Wozniak moved and Councilmember Rodgers seconded a motion to approve the Consent Calendar with the exception of Item Nos. 11.C. and 11.E. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Regular Meeting of January 5, 2000. Consider Approval of Minutes of Special Meeting of February 16, 2000. Staff Recommendation: Approve B. Consider Approval of Warrant minutes Register as processed. - March 1, 2000. Fiscal Year 1999/2000 Manual Warrants 101726 - 101732 & $ 101,978.81 101742 - 101746 & 101848 Voided Warrants 101684 $ (43.81) (Pentamation 101760 & 101771 additional remittance copies) Payroll Liability 101733 - 101741 $ 13,547.92 Warrants Regular Warrants 101747 - 101847 $ 458,674.53 Staff Recommendation: Approve the Warrant Register. D. Consider Resolution No. 2000 -1707, Adjusting Park Rental Fees (Tennis Courts) , Establish a Tennis Court Use Policy, and Rescinding Resolution No. 98 -1523. The Parks and Recreation Commission and Staff Recommendation: Adopt Resolution No. 2000 -1707. F. Consider Resolution No. 2000 -1708 Authorizing the City of Moorpark to Participate in the Continuation of a Multi - Agency Traffic Safety /Enforcement Grant. Staff Recommendation: Adopt Resolution No. 2000 -1708. G. Consider Resolution No. 2000 -1709 Establishing the Sum of Bonds Required of Specified City Employees. Staff Recommendation: Adopt Resolution No. 2000 -1709. H. Consider Mid -Year Review of Operating and Capital Budgets and Proposed Amendments and Adoption of Resolution No. 2000 -1710 Amending the Fiscal Year 1999/2000 Budget. Staff Recommendation: Adopt Resolution No. 2000 -1710 Minutes of the City Council Moorpark, California Page 12 March 1, 2000 amending the Operating and Capital Improvement Budget for the City of Moorpark for the 1999/2000 fiscal year. (ROLL CALL VOTE REQUIRED) I. Consider Resolution No. 2000 -1711 Approving an Excerpt from the Engineer's Report for Assessment District AD84 -2 for FY 2000/2001 Pertaining to Zone 12 of Said District, and the Scheduling of a Public Hearing to Consider Changes to and the Ordering of the Annual Assessments for Zone 12. Staff Recommendation: 1) Authorize the City to pay the assessments levied upon parcels owned by the Moorpark unified School District for Zone 12 of AD84 -2; and 2) Adopt Resolution No. 2000 -1711. The following items were pulled from the Consent Calendar for individual consideration: C. Consider Award of Bid for Bi -fuel Sedan and Adoption of Resolution No. 2000 -1712 Amending the FY 1999/00 Budget by Appropriating an Additional $400 from the Traffic System Management Fund for a Bi -Fuel Sedan. Staff Recommendation: 1) Adopt Resolution No. 2000 -1712 amending the FY 1999/00 Budget by appropriating an additional $400 from the Traffic System Management Fund for a bi -fuel (CNG and gasoline) subcompact sedan; and 2) Authorize award of bid for purchase of a 2000 bi -fuel (CNG and gasoline) Chevrolet Cavalier, as specified, from Wondries Chevrolet for $20,377.50 (tax included). Mr. Nowak gave the staff report. In response to Councilmember Harper, Mr. Nowak stated the vehicle had to be a bi -fuel vehicle in order to utilize the Traffic System Management Funds for the purchase. Councilmember Harper suggested the possibility of a hybrid vehicle. Mr. Nowak stated it was considered but they were rather new, and sufficient stations were not available. Councilmember Harper suggested deferring the item for one meeting to allow staff to look at the feasibility of a hybrid vehicle. In response to Mayor Hunter, Mr. Nowak explained that the vehicles were only manufactured twice per year. Mr. Kueny recommended proceeding with the staff recommendation and stated that the next vehicle purchased could be a different type of vehicle. Minutes of the City Council Moorpark, California Page 13 March 1, 2000 -- In response to Councilmember Harper, Mr. Nowak stated the bid was valid for 30 days, however there was no guarantee that the order could be placed on the current manufacturing cycle. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to 1) Adopt Resolution No. 2000 -1712 amending the FY 1999/00 Budget by appropriating an additional $400 from the Traffic System Management Fund for a bi -fuel (CNG and gasoline) subcompact sedan; and 2) Authorize award of bid for purchase of a 2000 bi -fuel (CNG and gasoline) Chevrolet Cavalier, as specified, from Wondries Chevrolet for $20,377.50 (tax included). The motion carried by unanimous roll call vote. E. Consider Purchase of Skate Ramps and Transfer of Funds Within the Recreation Division FY 99/00 Budget. Staff Recommendation: Receive and file report. In response to Councilmember Evans, Ms. Lindley stated the new ramps would be purchased through another source. She stated the product proposed for purchase appeared to be more durable than the original ramps that were purchased. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to receive and file the report. The motion carried by unanimous voice vote. 12. ORDINANCES: None. 13. CLOSED SESSION: Mr. Kueny announced that Council would be going into closed session for a discussion of Item Nos. 13.K., 13.L., and 13.M. on the agenda. MOTION: Councilmember Rodgers moved and Councilmember Harper seconded a motion to adjourn to closed session for a discussion of Items 13.K., 13.L., and 13.M. on the agenda. The motion carried by unanimous voice vote. The time was 9:13 p.m. K. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Assistant City Manager, City Attorney, City Clerk, City Manager, City Engineer, Chief of Police, Director of Community Development, Director of Community Services, Public Works Director Minutes of the City Council Moorpark, California Page 14 March 1, 2000 — L. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) Agency Designated Representative: Steven Kueny Employee Organization: Service Employees International Union, AFL -CIO, CLC, Local 998 M. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) Agency Designated Representative: Steven Kueny Unrepresented employees: Assistant City Manager, Administrative Services Manager, City Clerk, Director of Community Development, Director of Community Services, Director of Public Works, Finance /Accounting Manager, Planning Manager, Principal Planner, Recreation Superintendent, and Senior Management Analyst AT THIS POINT in the meeting, a recess was declared to convene the Redevelopment Agency closed session. The Council reconvened into closed sessions at 9:50 p.m. Present in closed session were all Councilmembers; Steven Kueny, City Manager; John Nowak, Assistant City Manager; and Deborah Traffenstedt, City Clerk. The Council reconvened into open session at 10:29 p.m. Mr. Kueny indicated that Items 13.K., 13.L., and 13.M. were discussed and that there was no action to report. 14. ADJOURNMENT: Mayor Hunter adjourned the meeti ATTEST: Deborah S. Traffenstedt City Clerk at 10:30 p.m. trick Hunter, Mayor