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HomeMy WebLinkAboutMIN 1989 0426 CC ADJMINUTES OF THE CITY COUNCIL Moorpark, California April 26, 1989 An Adjourned Meeting of the City Council of the City of Moorpark, California was held on April 26, 1989 in the Council Chambers of City Hall of said City, located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: The Meeting was called to order at the hour of 7:06 P.M. by Mayor Brown. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Perez. 3. ROLL CALL: Present: Councilmembers Clint Harper, Paul Lawrason, Scott Montgomery, Bernardo Perez and Mayor Eloise Brown. Steven Kueny, City Manager; Richard Hare, Deputy City Manager /City Clerk; Susan Cauldwell, Administrative Assistant; Phil Newhouse, Director of Community Services; John Knipe, Assistant City Engineer; Cheryl Kane, City Attorney; Carolyn Dyer, Records Clerk. 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS_ None were presented. 5. REORDERING OF. AND ADDITIONS TO, THE AGENDA: None were presented. 6. PUBLIC COMMENTS: Gary Arnold (Arnold & Back 280 E. Thousand Oaks Boulevard, Suite C, Thousand Oaks, California), is an Attorney in the Thousand Oaks area and represented Mr. Joe Fedele and Fedelety Corporation regarding leasing the property which is the Arroyo Vista Community Park site and is to be considered in Closed Session. Mr. Fedele had contacted Mr. Arnold because he is quite concerned with the direction that the City is apparently taking in respect to this property and offering it for rental in a manner which Mr. Arnold felt is contrary to the rights of Mr. Fedele. Mr. Arnold gave a brief history of the property stating Mr. Fedele has been a tenant Minutes of the City Council Moorpark, California 2 April 26, 1989 on the property for 10 years and has old correspondence going back to the time the property was dedicated to the City for future use as a community park site. He has achieved certain contractual rights on the continuing rental of that property and apparently the City has taken a position, pursuant to a recently and improperly served notice, of terminating the rights to rent. Mr. Fedele has paid the rent routinely including the months of April, May, and June 1989. There are agricultural crops growing on the property which will not be harvested until November. Under California law, he will have the right to harvest these crops. Mr. Fedele and Fedelety Corporation have at least a one year lease until cancelled and they have not received any proper cancellation of this lease. They would hope that the City Council is not acting prematurely without the exploration of Mr. Fedele's rights and would like an opportunity to sit down with the City Council, staff and City Attorney to discuss these issues before a new lease is signed on this property. Cheryl Kane asked if Mr. Arnold was prepared to provide copies of the correspondence that he had mentioned earlier. Mr. Arnold responded that he was not prepared to do so at this time but stated that Mr. Fedele had been given the rights to rent until the park was developed on the site. 7. COMMITTEE REPORTS: None were presented. 8. CONSENT CALENDAR: None were presented. 9. PUBLIC HEARINGS: None were scheduled. 10. COMMENTS FROM THE COUNCILMEMBERS: B. Appointments to Community Arts Committee. Councilmembers Perez and Montgomery would like to continue this item until the next meeting. This was agreed upon by the remaining Councilmembers. Councilmember Montgomery commended staff and especially Mr. Newhouse for the copies of the certified letters sent to the residents on Harvester regarding the cutting down of the two historic trees and wanted to commend staff for taking action and monitoring this situation. 11. DISCUSSION /ACTION ITEMS: A. Consider establishing goals and objectives and clarifying staff's role with _ the Communi Arts Committee. Susan Cauldwell requested this item be deferred until the next meeting in conjunction with rounding out the appointments to Minutes of the City Council Moorpark, California 3 April 26, 1989 the committee. Councilmember Montgomery and Perez stated that this would have some bearing on discussions with prospective members of the committee about what they would be doing and wanted to consider this matter tonight. The Council concurred to consider this item. Councilmember Harper stated it would be difficult to give a specific charge to the committee until the background work is done on what the community has available in terms of individuals and facilities. He would like to see as soon as possible two pilot programs: one in the area of performing arts and one in fine arts. The committee will use these as a training ground to get the committee organized, operational, self motivated and self supporting as possible with minimum involvement from the staff. The first charge would be to do a survey on what is available in individuals and groups in the City to put on these types of events; potential sites and buildings that would be available or renovated for this use; and also start thinking about the pilot programs in performing arts and fine arts and bring the information back to the City Council. Councilmember Lawrason stated the purpose and structure would be a good basis for establishment of the committee and favored using the proposal for the formation of Moorpark Community Arts Committee document and and adding art in public places to the list. MOTION: Councilmember Lawrason moved and Councilmember Harper seconded a motion to adopt the Proposal for the Formation of the Moorpark Community Arts Committee listing as a basis for forming this committee. Motion carried unanimously on a voice vote. Mayor Brown commented that it is very important to have the committee understand that it is a volunteer operation, to be self- sufficient and have very little staff available to them. The reason they would be chosen for the committee would be because of their familiarity with the area and their ability to generate the pilot program on their own. Councilmember Perez referred to item number 6 (To identify potential funding mechanisms for presentation of the fine and performing arts including funding for facility development) and stated that there would be very minimal staff support and involvement. He then asked how this committee would develop and compare with certain non - profit foundations in other communities. Councilmember Harper stated he hoped this committee is moved along a little faster and sees it as a standing committee at this time. The rates or funds for the committee would be obtained from fees charged or donations for performances and the money would go into a City account and could be handled by the City. Councilmember Perez asked for clarification on item number 7 (To foster cooperation between various government and private groups and organizations in order to promote the performing and fine arts). He hopes they do not run into a problem where they may be in a position speaking for or not speaking for the Council. Steven Kueny, City Manager, stated the committee Minutes of the City Council Moorpark, California 4 April 26, 1989 should be given a specific charge such as item 2 (To survey and identify needs and desires within Moorpark for performing and fine arts); item 3 (To identify physical locations where events such as musical performances, art shows, etc. can take place) and item 5 (To survey and develop a data base of artistic talent within Moorpark) at which time they would complete the task and then come back with their report and the Council would then redirect them. Members of the committee would probably contact Conejo, Simi Valley and other communities to find out what they are doing and what is available throughout the County and then come back with a comprehensive report on those items to the Council. At this time the Council could direct them to the pilot program or begin looking for funding sources or recommending upgrades of facilities. Mayor Brown liked the idea of developing a pilot program so there are some concrete evidence of their activities to the community. Councilmember Lawrason stated that Mr. Kueny's comments are very valid as a basis of establishing the committee and would like to see all items on the list be part of the committee. MOTION: Councilmember Harper moved and Mayor Brown seconded a motion that a City Council committee of Eloise Brown and Clint Harper would meet with the committee to discuss their role and give them support from the City. The motion carried unanimously by a voice vote. 11. I. Consider procedures for submittal of Community Development Block Grant (CDBG) Proposals. City Manager, Steven Kueny stated that he would give the report since Pat Richards had been given the night off. Councilmember Montgomery stated that since the Council does know the dollar amount for the rest of the year, a schedule which is Attachment A in the staff report should be devised which would allow the City to fully pub] ize and allow everyone who would have an inclination to apply for these kinds of funds to have a set schedule whereby they could apply for them. This is a first step and then to actually design a proposal form which the applicants could submit or at minimum a list of components that we would like them to include in their "application" for CDBG funds so that there is some consistency and solid information on what they are going to use the funds for. It also alleviates the problem of someone finding out three days in advance that it will be on the agenda that night and trying to get all the information ready by the meeting. Councilmember Montgomery supports the schedule as presented in Attachment A. Councilmember Perez stated that the City will have its own proposals to be competing with outside applicants and should be addressed. It might be helpful between now and next hearing to go over what the City's interest is in distributing these sort of funds - City projects vs. project applicants. Mayor Brown stated that it appears the process Minutes of the City Council Moorpark, California 5 April 26, 1989 is for those applicants who come in outside the City proposal for CDBG funds simply so that we can do a better job of screening those applications for funding for public and private applicants. Councilmember Montgomery stated that on Attachment A item number 1 (City Council determines general priorities and guidelines for allocation use of current year's) is scheduled for the first City Council meeting in January. He stated that the City does know what kind of funds they are going to get. He sees this process as a guidelines for allocation of setting where the Council will allocate in a general sense so that people will know how much money is available by January what spending priorities the City has. Subsequent to that, the advertisements will go out and should identify how much money is available. Councilmember Perez asked if the City was taking funds from other sources to put in curb, gutters and sidewalks and at the same time they could use CDBG funds for the same thing therefore, reducing the amount of dollars available per applicants. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to adopt the procedures as presented by staff for future CDBG proposal development reviews. Motion carried unanimously by voice vote. 11. J. Consider proposed by -laws of the County Waste Commission. Susan Cauldwell gave the report stating the first meeting would be next week, May 4, 1989. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to approve the by -laws of the Ventura County Waste Commission. Motion carried unanimously by voice vote. 11. K. Consider award of contract for aerial photographer and ma RRim services. Assistant City Engineer,John Knipe, gave the report stating that last year seven RFP's were sent out for the aerial photography service and four bids were received in late January. Bid summaries are contained in the packet. Scope of work is basically the aerial photography along the westerly extension of route 118, route 23 to the north and an interim connector route between the 118 westerly extension down to the existing Los Angeles Avenue. It is proposed that the City would finance 100% of this aerial photography work with CalTrans committing to performing the alignment study once the aerial photo work is provided to them. Also included in the RFP to each of the contractors was additional information requested such as aerial photo of the entire City on photo basis and mylar basis. Staff felt this would be very helpful and inexpensive if this work was done at the same time the other work was being done. Councilmember Lawrason asked for clarification on the report Section 1 within City Limits and Outside City Limits. John Knipe commented that they just wanted to see the portion Minutes of the City Council Moorpark, California April 26, 1989 inside the City and the portion on outside of the City. Councilmember Lawrason also asked on items 4 (City -Wide Aerial Photos) and item 5 (200 scale mylars) if that service could be by itself. John Knipe responded by saying the service could be by itself but did not have a price. Councilmember Perez asked why it is on the 200 scale not the 100 scale. John Knipe responded that the 100 scale would increase the number of maps and cost. 200 scale was the CalTrans limit and trying to satisfy their requirement. Councilmember Perez asked if you get a better definition with 100 scale which he prefers. John Knipe responded that it would give a better resolution and more expense on ground control survey that the aerial photography people have to set up for that type of a model. Proposing for the photo the 500 scale which is similar to the ones that show 118/23 connector rate and there would be 4 of those photos to show the entire City limits. John Knipe stated it was an alignment study and unless there is some adoption of it and CalTrans pursues right -of -way through the area then the route could be changed. Councilmember Lawrason asked John Knipe to find out the cost for doing Items 4 (City -Wide Aerial Photos) and 5 (200 Scale Mylars) separately. MOTION: Councilmember Lawrason moved and Mayor Brown seconded a motion to continue this item until the response to the questions (cost for doing City -Wide Aerial Photos and 200 Scale Mylars separately) is available. Motion carried unanimously by voice vote. 11. M. Consideration of Ci�activi ties _and ___projects. Steven Kueny, City Manager, gave the report and updates of the Administrative Services Department Items 1 -35 from the staff report dated January 30, 1989. 12. ORDINANCES: None were presented. 13. FUTURE AGENDA ITEMS: Councilmember Harper asked about the Traffic Mitigation Fee. It is his understanding that the City of Oxnard has recently implemented a sliding scale for traffic mitigation. The fees for structures go up to $43.50 per square foot. Councilmember Harper would like to have staff contact City of Oxnard staff and get their entire packet to review and possibly modify and bring to an agenda for consideration. Councilmember Perez asked to have Parcel Map 4318 placed on the May 3rd agenda. 14. CLOSED SESSION: Councilmember Harper moved and Councilmember Perez seconded a motion to go into Closed Session under items: 14.A.- Personnel; 14.D.- Potential litigation pursuant to Government Code Section Minutes of the City Council Moorpark, California 7 April 26, 1989 54956.9(b)(1); 14.F.- Negotiation for real property at 280 Casey Road (former high school site - Moorpark Unified School District) pursuant to Government Code Section 54956.8; and 14.H.- Negotiation for real property known as Arroyo Vista Community Park with Fedele /Braun pursuant to Government Code Section 54956.8. Motion carried unanimously by voice vote. AT THIS POINT IN THE MEETING, Mayor Brown declared a recess, the time being 8:03 P.M. The Meeting reconvened into Closed Session at the hour of 8:11 P.M. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Cheryl Kane, City Attorney and Richard Hare, Deputy City Manager /City Clerk. The Council reconvened into open City Attorney Cheryl Kane advised a result of Closed Session. 15. ADJOURNMENT: MOTION: seconded a until 7:00 ATTEST: session at the hour of 9:48 P.M. there was no action to report as Councilmember Perez moved and Councilmember Montgomery motion to adjourn the meeting at the hour of 9:48 P.M. P.M. on May 3, 1989. The voice vote was unanimous. Eloise Brown, Mayor Richard Hare, City Clerk �J Jy T� l.p "�