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HomeMy WebLinkAboutMIN 1989 0626 CC ADJMINU'T'ES OF THE CITY COUNCIL Moorpark, California June 26, 1989 An Adjourned Meeting of the City Council of the City of Moorpark, California was held on ,June 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 7:13 p.m. by Mayor Eloise Brown. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Perez. 3. ROLL CALL Present: Counc.ilmembers Clint Harper, Paul Lawrason, Bernardo Perez, Scott Montgomery and Mayor Eloise Brown. Steven Kueny, City Manager; Lillian Kellerman, City Clerk; and Sally Coons, Secretary. 4. PROCLAMATIONS COMMENDATIONS, AND SPECIAL PRESENTATIONS No proclamations, commendations or special presentations were made. 5. REORDERING OFD AND ADDITIONS TO, 'fill: AGENDA CONSENSUS: By consensus, the Council determined to hear Public Comments and consider Agenda Item 11.I. (Consider Minor. Modification and request for allocations from Griffin Homes [Tract 39631) before adjourning into Closed Session. 6. PUBLIC COMMENTS 6.A. William E. Mason (437 Shasta Avenue, Moorpark) advised that the residents on Shasta were concerned with an industrial development being proposed by MSG adjacent to their properties. Subsequently, the proposal has been withdrawn, however Mr. Mason expressed his thanks to the Planning Department: for their cooperation and consideration of the residents, particularly concerning the buffer between the existing residential neighborhood and any industrial development. 6.B. Elaine Freeman (Urban Strategies, 2509 Thousand Oaks Bl.vd., Thousand Oaks) representing Griffin Homes, spoke to the Council regarding Agenda Item 11.1. (Mi.nor Modi.fi.cat.ion and request for Minutes of the City Council Moorpark, California Page 2 allocations - Griffin Tract 3963). request and proposal before the Council positive way for the community; and that have potential buyers of the five pre - qualified. 11. DISCUSSIONIACTION ITEMS June 26, 1989 She advised that the can be worked out in a Griffin would like to Model 105 homes be 11.I. Consider Minor Modification and request for allocations from Griffin Homes (Tract 3963).. Staff recommended approval of the Minor Modification and request for allocation. City Manager Kueny advised that after discussions with a representative of Griffin homes, Point No. 3. of the conditions outlined in the Staff Report of June 21, 1989 regarding the payment of $1,500 with each Certificate of Occupancy for the last 134 dwelling units in Tract 3963 has been clarified as to the time funds would be required. With the clarification of Point 3, Staff recommends approval of Points 1. through 6. of the agreement with Griffin Homes to provide five homes in an affordable range and allocate the requested allotments and minor modification. Councilmember Harper commended the City Manager for his individual role in securing this agreement which will begin an affordable housing program in Moorpark. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to approve the Staff recommendation to approve Points 1. through 6. (in the staff report of .Tune 21, 1989), with Point 3., as clarified; approve the use of $50,000 payment to be used to assist buyers of the five homes and defer determination on use of the balance of the funds until a later meeting selected by the Council; 3) Concur with issuance of a Minor Modification to increase size of 61 homes in Phase 4 of Tract 3963 consistent ith attached schedule; and 4) direct the City Council's Affordable Housing Committee to develop recommendations for eligibility, participation and selection for the five homes. The voice vote was unanimous. 14. CLOSED SESSION MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to go into Closed Session at the hour of 7:22 p.m. for discussion of the following items: 14.A. Personnel. 14.B. Litigation concerning Boething vs. the City of Moorpark. 14.C. Litigation concerning the City of Moorpark vs. Boething. 14.D. Potential litigation plirsnant to Government Code Section 54956.9(b)(1). 14.E. Potential litigation pursnint: to Government Code Section 54956.9(c). 14.F. Litigation concerning City of Moorpark vs. Moorpark Unified School District. Minutes of the City Council Moorpark, California Page 3 June 26, 1989 14.G. Negotiation for real property known as Buttercreek Park with Boething pursuant to Government Code Section 54956.8. 1.4.H. Litigation concerning City of Moorpark vs. Southern California Edison. 14.I. Negotiation for real property concerning APN 500 -39 -050 (Watt Consolidated) pursuant; to Government Code Section 54956.8. 14.J. Personnel pursuant to Government Code Section 54957.6. 14.K. Negotiation for real property at intersection of Poindexter /First Street at Moorpark Avenue (SR 23) concerning Rainy's Market Inc., Nocera and J. M. Sharp Company pursuant to Government Code Section 54956.8. 14.L. Negotiation for real property at 280 Casey Road (former high school site - Moorpark Unified School District) pursuant to Government: Code Section 54945.8. The voice vote was unanimous. Present in the closed session were all Councilmember.s; City Manager. Steven Kueny; and City Attorney Cheryl. Kane. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to declare a recess at the hour of 8:45 p.m. The voice vote was unanimous. The meeting reconvened into open session at the hour of 9:04 p.m. City Manager Kueny advised there was no action to report as a result of the closed session; and that Items 14.D., 14.E., 14.H., and 14.K were not discussed. NOTE: Entering the meeting at this point: were: Richard Hare, Deputy City Manager; Pat Richards, Director. of Community Development; Phil Newhouse, Director of Community Services; Susan Cauldwell, Administrative Services; and T, t'. Richard Rodriguez, Sheriff's Department. CONSENSUS: By consensus, the Council determined to return to Agenda Item 6. Public Comments. 6.C. Ricky Delgado (1131 Walnut Canyon Road, Moorpark) addressed the Council concerning the Redevelopment Project and the finding that his home is rated "dilapidated" and subject to demolition. He advised that he has been living in the home for 16 years; that he is a cabinet maker by trade, and he resents that by the definition of "dilapidated ", maintenance on the home is considered non - existent. Tie asked the Council how his home got rated as "dilapidated ". In response to Councilmember Harper Is concern that this is the second complaint of this type, City Manager Kueny advised that Staff is verifying parcel. numbers and will be working with the consultant, Urban Futures, to modify any errors. He further advised that the property owners of the mis- identified parcels Minutes of the City Council Moorpark, California Page 4 June 26, 1989 would be kept informed of the action taken to correct these mistakes. Mayor Brown advised that she. felt the consultant should be required to review all its evaluations of property and homes within the Redevelopment Project, and at its own expense. 7. COMMITTEE REPORTS None. 8. CONSENT CALENDAR None. AT THIS POINT IN THE MEETING, Mayor Brown declared a recess, the time being 9:13 p.m. The Meeting reconvened at the hour of 9:35 p.m. 9. PUBLIC HEARINGS B. Joint public hearing of the _Moots rpark City Council and the Moorpark Redevelopment _Agency on the Redevelopment Plan for the Moorpark Redevelopment Project and the Final Environmental Impact - ­Report (FEIR) prepared for the Plan. F. City Cgpncil__Action 7. Consider _No. 111, an ordinance of the City Council of _the City__ of Moorpark approving and adopting the _ first _ amendment to the Moorpark Redevelo_pment_Plan which prohibits the use of eminent domain for certain residential roperty within the prro_7ect area and submitting _sai.d amendment_ to the voters. City Attorney Cheryl Kane reviewed the Ordinance before the Council, adding certain dates and Resolution and Ordinance numbers to the text. She then read the Ordinance title. MOTION: Councilmember Harper Montgomery seconded a motion to declare Ordinance No. 111 react in was unanimous. MOTION: Councilmember Harper Montgomery seconded a motion to introduced and read for the first unanimous. moved and Councilmember waive further reading and title. only, The voice vote moved and Councilmember declare Ordinance No. 111 Lime. The voice vote was AT THIS POINT IN THE MEETING, City Attorney Kane was excused. C. Consider proposed assessments for "Moorpark Lighting and ---- - - - - -- Landscaping Maintenance Assessment District No. AD -84 -2" for Minutes of the City Council Moorpark, California Page 5 June 26, 1989 the fiscal year commencip-9_ July 1, _1989 and ending June 30, 1990 and consider Resolution No. 89- a resolution confirming the assessment for f.iscal__year 1989/9O. D. Consider proposed asse_ssme_n_t_s_ for ." Parks_ _Maintenance Assessment District No. AD -85 -1" for the fisc_a1_ year commencing on July 1, 1989 and ending June 30, 1990 and consider Resolution No. 89- a resolution_ confirming the assessment for fiscal __year 1989/90. CONSENSUS: By consensus, the Council determined to continue Agenda Items 9.C. and 9.D. to the adjourned meeting scheduled for June 27, 1989. 11. DISCUSSION /ACTION ITEMS ll.H. Consider a proposed Memorandum of Agreement with Public Employees Association of — Ventura County for period of July 1,_ — -- - - - 1989 - June 30, 1991. City Manager Kueny advised that the City `s representatives have reached agreement with the two employee bargaining units regarding changes to existing wages, hours and other terms of employment. Staff recommends that the Council approve the points of agreement as outlined in the Staff report, with the formal Memorandum of Agreement to he. presented for approval in July, 1989. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to approve the points of agreement and to direct that the Memorandum of Agreement be presented for the Council's consideration in July, 1.989. The voice vote was unanimous. 11. J. Consider approval of Settlement Agreement with Boething Family Trust concerning Boething_ys._._Cityof Moorpark and City of Moorpark vs. Boething._ City Manager Kueny advised that the Settlement Agreement has been accepted, and Staff recommends the Council approve it. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to approve the Settlement Agreement. The voice vote was unanimous. 11.K. Consider Lease Agreement_ with Boething Treeland Farms. Inc. Propert known as Buttercreek Park (Lot 92 of Tract 3032. City Manager Kueny advised that the Lease Agreement is for the Buttercreek Park site in Tract 3032. The Agreement provides for a second five -year option as well as escalation in the lease amount based on the annual Consumer Price Tndex figures. Staff recommends approval of the lease. Minutes of the City Council Moorpark, California Page 6 June 26, 1989 MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to approve the Lease Agreement with Boething Treeland Farms. The voice vote was unanimous. 11.P. Consider Parks and Recreation Commission recommendation concerning request for proposal for Neighborhood Recreation Center. Staff recommended they be directed as deemed appropriate. City Manager Kueny recommended this item be considered in conjunction with the Budget deliberations. CONSENSUS: By consensus, the Council determined to consider this item during the Budget deliberations; and to defer Item ll.Q. until after the balance of the action items. 11.T. Consider payment of accrued vacation. Staff recommended they be directed as deemed appropriate. City Manager Kueny advised that Staff defers to the Council's action. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to approve payment for 240 hours of accrued vacation to the City Manager in the amount of $7,917.60; to authorize appropriation from the General Fund Reserve; and to establish the maximum vacation accrual at 400 hours for the City Manager. The motion carried by an unanimous roll call vote. ll.U. Consider County's "Beyond_ Year 2000" Committee draft report statements _relative to_ _guide_lines for orderly development. Staff recommended they be directed as deemed appropriate. City Manager Kueny advised that Staff would defer to the Council and answer questions regarding the County's guidelines for orderly development. In response to Councilmember Lawrason, Director of Community Development Pat Richards advised that the proposed guidelines would "lock" the City of Moorpark into its existing sphere of influence boundary. Councilmember Harper advised that he felt the sphere line could be expanded for purposes of creating a buffer, but not for purposes of development. City Manager Kueny suggested that language be added to the proposed guidelines as follows: "This in no way restricts the ability to expand existing sphere of influence boundaries." Mayor Brown advised that she will take the Council's consensus to the Year 2000 Committee, however it was her opinion that the Minutes of the City Council Moorpark, California Page 7 June 26, 1989 guidelines were riot intended to limit changing sphere boundaries, as could be construed by the proposed language. In response to Councilmember Harper's request, Mayor Brown advised that she will talk to the author of the proposed language to clarify the, intent. CONSENSUS: By consensus, the Council determined to continue action on this item to the adjourned meeting scheduled for June 27, 1989. 11.V. Consider authorizing City Manager to bind general liability coverage and associated_ insurance coverage for the City of Moorpark. Staff recommended renewing insurance coverage with Planet Insurance. Deputy City Manager Hare advised that although the final figures are not yet available, he recommended that the Council authorize renewal of the City's insurance coverage with Planet Insurance for a period of 12 months. MOTION: Councilmember Harper moved and Councilmember Lawrason seconded a motion to authorize the City Manager to renew liability coverages with Planet Insurance. The voice vote was unanimous. ll.W. Consider application for State_ funds for State Transportation Demonstration ProjZram SB -140 and consider Resolution No. 89 -580. Staff recommended adoption of Resolution No. 89 -580 and project list.; and authorize the City Manager to sign the application. City Manager Kueny advised that the application For SB -140 funds will provide an opportunity to secure funding for local transportation projects. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to adopt Resolution No. 89 -580. The voice vote was unanimous. 11.Q. Consider draft 1989L90 Fiscal __Year Budget. Staff recommended they be directed as deemed appropriate. Staff made a detailed presentation of the draft 1989/90 Fiscal. Year Budget. CONSENSUS: By consensus, the Council determined to continue this item to the adjourned meeting scheduled for June 27, 1989. 15. ADJOURNMENT CONSENSUS: By consensus, the meeting was adjourned at the hour of 12:40 a.m. Minutes of the City Council Moorpark, California Page 8 June 26, 1989 Eloise Brown, Mayor ATTEST: