Loading...
HomeMy WebLinkAboutAGENDA REPORT 2004 0407 CC REG ITEM 10ACTTV OV ", OORRAR X. CA T377 1q- L-W If AC, � MINUTES OF THE CITY COUNCIL 3y : C-7-C t�` Moorpark, California 10-A-0 February 4, 2004 A Regular Meeting of the City Council of the City of Moorpark was held on February 4, 2004, 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 7:12 p.m. 2. PLEDGE OF ALLEGIANCE: Barry Hogan, Community Development Director, led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Kenneth Gilbert, Public Works Director; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; Cynthia Borchard, Administrative Services Director; Brad Miller, City Engineer; Walter Brown, Assistant City Engineer; Captain Richard Diaz, Sheriff's Department; Kim Chudoba, Senior Management Analyst; Julie C.T. Hernandez, Senior Management Analyst; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: None. 5. PUBLIC COMMENT: Cindy Hollister, a Moorpark resident, thanked the Council for their assistance in regard to her losses from the "Simi- Fire ". Gerald Goldstein, a Moorpark resident, spoke about enforced cleanup of his property and police complaints. 1111.0 Minutes of the City Council Moorpark, California Paae 2 February 4, 2004 AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:16 p.m. The City Council meeting reconvened at 7:17 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mayor Hunter requested Item 9.J. be heard first under Presentation /Action /Discussion. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Millhouse requested future Ad Hoc Committee meetings be scheduled so as to facilitate moving applicants through the process more quickly. Councilmember Millhouse requested a future agenda item to discuss the cable television franchise, allowing the public and Adelphia to provide input. Mayor Hunter congratulated Building Inspector, Ray Young, who was recently installed as President of the International Code Council. Mayor Hunter announced the next "Moorpark After Dark" dance for teens in grades six through nine will be held February 6th from 7:00 p.m. to 10:00 p.m. at the Moorpark Boys and Girls Club. Mayor Hunter announced the next teen "Band Jam" will be held at Arroyo Vista Recreation Center on February 13th from 7:30 p.m. to 10:00 p.m. where local bands, including "Valour in Arms ", "One Last Breath ", "Stricken ", and "Syngaia" are expected to play. 8. PUBLIC HEARING: A. Consider Proposals For Community Development Block Grant (CDBG) Funds ($196,980) for Fiscal Year 2004/2005. Staff Recommendation: 1) Open public hearing, receive public testimony, and close public hearing; 2) Refer this matter to the Budget and Finance Committee for review prior to the next regularly scheduled City Council meeting, directing the committee to prepare a recommendation for final appropriations for City Council consideration at the regular meeting scheduled for March 3, 2004; and 3) Continue this item to the meeting of March 3, 2004. 00004:1 Minutes of the City Council Moorpark, California Paqe 3 February 4, 2004 Ms. Hernandez gave the staff report. In response to Mayor Hunter, Ms. Lindley stated the Active Adult Center is requesting $1,500.00 less this year as they have been able to operate with one less part -time employee. Mayor Hunter opened the public hearing. Patricia Kreider, Program Manager for the Senior Nutrition Program of Ventura County, 2220 Ventura Boulevard, Camarillo, thanked the Council for their past support; described their services in providing over 10,000 meals to seniors in Moorpark last year; and requested $15,000.00 in assistance. Jennifer Griffin, representing Independent Living Resource Center, Inc., 423 West Victoria Street, Santa Barbara, provided a brief history of the organization and stated funding would be used to pay for expanded service in the Moorpark area. In response to Mayor Hunter, Ms. Griffin stated funds would be used to pay for an Independent Living Skills Specialist to come to Moorpark two days a week to interface with other agencies, conduct forums to discuss the needs and access issues of the handicapped, and advocate for their resolution. Jim Stueck, Board Chairman for Ventura County Long Term Care Ombudsman Program, 2021 Sperry Avenue, No. 35, Ventura, thanked the Council and City for past contributions; and requested $2,000.00 to continue the program's monitoring visits, investigation of complaints, and pre - placement counseling provided to hospice and board - and -care homes in Moorpark. Candy Stewart, representing the Long Term Care Ombudsman Volunteer Program, 2021 Sperry Avenue, No. 35, Ventura, stated the program is trying to become more visible by educating the community on elder abuse. She stated volunteers who receive 36 -hours of mandated training, are recruited through word -of -mouth and newspaper ads. In response to Councilmember Parvin, Mr. Stueck stated the Board has only 10 members whose job it is to raise funds to recruit and train more volunteers, allowing 1111 .� Minutes of the City Council Moorpark, California Paqe 4 February 4, 2004 staff to concentrate efforts on circulating the word about the program's work. Ms. Stewart stated the program has a Spanish bilingual staff person who is available, upon request, to make site visits to translate at facilities; and the program also has a Spanish translation on its website. Jim Mangas, representing Food Share, 4256 Southbank Road, Oxnard, thanked the Council for past funding for their expansion project. He explained the concept of the organization is to distribute surplus food to those in need by overcoming the logistical obstacles; the continued need to grow, especially in Senior and low income areas; Food Share works with 240 organizations such as Catholic Charities, and Brown Bags to distribute the food; and during disasters such as the "Simi- Fire ", they work with the County to distribute food. Mr. Mangas stated they are asking for $5,000.00 for their Capital Campaign for Phase II of the expansion. Robert Bagdazian, representing Catholic Charities, 609 Fitch Avenue, Moorpark, thanked the City and staff for assistance in their relocation. He described the services and food distribution program offered to low - income residents through the Food Pantry, along with financial assistance in cases of rent and utility payments; their collaboration with Moorpark Unified School District for children in need of dental care; their expanded Senior outreach program to provide service to seniors in Moorpark Oasis in partnership with St. John's Regional Medical Center, which provides visiting nurses; and two new collaborations with the NfL to provide scrip to use to purchase food and immunizations provided by Sr. John's Regional Medical Center and the Public Health Department. Mr. Bagdazian asked for support to continue these efforts. Gayle Watson, Project Coordinator for the RAIN Project, 1129 State Street, Santa Barbara, described their new facility in Camarillo, which houses 90 homeless individuals; and requested $2,500.00 to continue to help provide food and kitchen related services to assist the homeless in becoming self - sufficient and to provide their children with nutritious food. 000043 Minutes of the City Council Moorpark, California Paae 5 February 4. 2004 Mayor Hunter stated the Council would like to fund every request; however, there is never enough to go around. He also stated staff is recommending the Budget and Finance Committee review the applications and present the final appropriation decisions at the March 3, 2004, meeting. Councilmember Millhouse stated it is a good idea to refer the requests to the Budget and Finance Committee, and thanked all participants and many unsung volunteers for their time and efforts. Councilmember Harper suggested taking the City's request for $10,500.00 and shift it to the General Fund to allow more CDBG funding to be available. Councilmember Mikos stated she concurred with Councilmember Harper's suggestion, and encouraged everyone to continue to make applications for these very deserving causes. Mayor Hunter closed the public hearing. MOTION: Councilmember Parvin moved and Councilmember Millhouse seconded a motion to: 1) Refer this matter to the Budget and Finance Committee for review prior to the next regularly scheduled City Council meeting, directing the Committee to prepare a recommendation for final appropriations for City Council consideration at the regular meeting scheduled for March 3, 2004; and 2) Continue this item to the meeting of March 3, 2004, with public hearing closed. The motion carried by unanimous voice vote. B. Consider Use of Su (SLES) Grant Fu Recommendation: Approve revised REQUIRED lemental Law Enforcement Services for 2003/04 Fiscal Year. Staff 1) Conduct public expenditure plan. Ms. Chudoba gave the staff report. hearing; and 2) ROLL CALL VOTE In response to Mayor Hunter, Ms. Chudoba stated the 40 -hour patrol officer position was created in 2001 using grant funds from SLES and the Local Government Law Enforcement Block Grant. Mayor Hunter opened the public hearing. 1 1 1 1 • Minutes of the City Council Moorpark, California Paae 6 February 4, 2004 In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers for this item. Mayor Hunter closed the public hearing. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to approve the revised expenditure plan. The motion carried by unanimous roll call vote. AT THIS POINT in the meeting, Item 9.J. was heard. 9. PRESENTATION /ACTION /DISCUSSION: J. Consider "Simi Fire" Incident After - Action Report. Staff Recommendation: Receive and file report. Mr. Kueny gave the staff report and acknowledged City staff and their efforts in responding to the emergency. Mr. Kueny commended Kim Chudoba, Senior Management Analyst as the point person who will continue to provide follow -up on this incident. He introduced, Ventura County Fire Protection District Deputy Chief Dave Festerling and Division Chief Bryan VandenBosch, and Dr. Eva Conrad, President of Moorpark College, as present in the audience and available for questions or comments. Gerald Goldstein, a Moorpark resident, described a training exercise conducted by the Fire Department where several abandoned residential structures were set on fire on Poindexter Avenue. In response to Councilmember Harper, Mr. Kueny stated the City followed the Multihazard Functional Plan in setting up the City's Emergency Operations Center (EOC); the City's role in providing public information and support to public safety agencies needs to be fine tuned; additional dialog is needed with police, fire, and County Emergency Services to clarify the City's role; and a citizens emergency response team (CERT) may be the way to use volunteers to assist. In response to Mayor Hunter, Captain Diaz stated Sheriff's volunteers at the Moorpark Police Services Center are not currently used in this capacity. 000045 Minutes of the City Council Moorpark, California Page 7 February 4, 2004 In response to Councilmember Harper, Ms. Chudoba stated the Multihazard Functional Plan was designed to be a fluid process allowing the City to respond to an emergency; all areas were activated; staff had been trained in their responsibilities; and the plan worked well. Councilmember Harper stated the initial failure was in communication; and suggested this be considered as a separate item for study of what was learned from this emergency and what should be incorporated into the Multihazard Functional Plan document. In response to Councilmember Mikos, Ms. Chudoba stated the EOC for Ventura County organizes which radio station will provide emergency communications. Councilmember Mikos recommended an ongoing notification be placed on Channel 10 providing the public with information on what radio channel to tune to when emergency information is needed. She also stated better coordination with Moorpark College is needed to be aware of what can be provided during an emergency such as a shelter. Councilmember Mikos commended staff for their efforts at the EOC during this crisis and acknowledged the many compliments received from the public on the amount of information available on the City's website. She suggested cross - training more staff on posting information to the City's website. Councilmember Millhouse concurred with running a notice on Channel 10 regarding emergency radio broadcasts; cited flaws discovered with the City's cell phone carrier; and thanked the Fire Department for all of their efforts, especially their skill in setting back - fires. He recommended looking at alternatives and evacuation plans in the case of future emergencies such as a train derailment, chemical spill, or earthquake, in regard to traffic and access routes in and out of Moorpark during a crisis, since there is not enough staff to man all of the roads and traffic signals. Councilmember Millhouse recommended the City work with the County to make provisions to change the timing of the signal 1111•. Minutes of the City Council Moorpark, California Page 8 February 4, 2004 lights at Tierra Rejada Road and Santa Rosa Road during emergency situations. Mayor Hunter stated this report is very comprehensive and lists in three major categories the recommendations requiring financial support, which is difficult to obtain when they may be absent from existing goals and objectives. He suggested two Councilmembers meet with other agencies in a workshop setting to prioritize these recommendations; determine the dollar amount needed; and how these needs interface with the goals and objectives to ascertain if amendments are needed in the budget. Mayor Hunter recommended participation from the Fire Department, Moorpark College, Police Department, Red Cross, California Highway Patrol and any other agencies staff would want to include as vital to the success of the workshop. Councilmember Parvin expressed concerns regarding the condition of the D.A.R.E. vehicle she used during the emergency, as the lack of emergency lights and a working radio were problematic; the lack of awareness on the part of the National Red Cross as to where the city of Moorpark is located even after 8 -hours into the fire; and the lack of smooth communication with local schools. In response to Councilmember Parvin, Mr. Kueny stated training of EOC staff was sporadic prior to 18 months ago; Item 10 is to dedicate staff to Emergency Management activities; and the City does not have satellite phones. Councilmember Parvin thanked the police and fire departments, and all of the volunteers who came together to save property in Moorpark during the fire. In response to Mayor Hunter, Captain Diaz and Deputy Chief Dave Festerling confirmed they would want to participate in the workshop. Dr. Conrad described the fire, which burned to the curbs of the campus, and thanked all of the people who came out to help fight it. She stated the biggest issue for the College was communication and she 0:0004'7 Minutes of the City Council Moorpark, California Page 9 February 4, 2004 welcomes the opportunity to get involved in the workshop. Councilmember Millhouse and Mayor Hunter volunteered to work on the Ad Hoc Committee to look at other disasters like earthquakes, train derailments, hazardous spills, and fires; and would report back from the Committee to the Council within 90 -days. Councilmember Mikos agreed the workshop would be valuable; suggested staff may be able to prepare cost estimates prior to the meeting; emphasized the importance of obtaining funds through the Commission on Human Concerns for CERT training; and also volunteered to be on the Ad Hoc Committee. Mayor Hunter agreed the Committee should also look at the availability of federal funds in response to an act of terrorism. CONSENSUS: It was the consensus of the Council that Mayor Hunter and Councilmember Millhouse serve on an Ad Hoc Committee to work with other agencies to develop goals, objectives, and priorities; and determine if amendments are needed to the Fiscal Year 2003/2004 Budget with recommendations due back to Council within 90 -days. A. Consider Permit Adjustment No. 2 to Commercial Planned Development No. 2001 -01 for Approval of Site Plan and Building Elevations for a 3,536 Square Foot Denny's Restaurant on Pad 4 of the Moorpark Marketplace, Located South of New Los Angeles Avenue, East of Miller Parkway and West of the SR -23 Freeway on the Application of Architectronix, Inc. ( Denny's Restaurant). (Continued from January 21, 2004) Staff Recommendation: Direct staff to prepare a letter approving Permit Adjustment No. 2 to CPD No. 2001 -01 for the Denny's Restaurant site plan and building elevations. Mr. Hogan gave the staff report. In response to Councilmember Parvin, Mr. Hogan stated staff does not feel awnings are inconsistent with the existing architecture of the center; awning maintenance has improved in recent years due to new color -fast materials and the use of tubular steel 1111•: Minutes of the City Council Moorpark, California Page 10 February 4, 2004 supports attached to the buildings; and if the awnings were to become unsightly they would be considered a Code compliance issue. Councilmember Harper stated he has no problem with the awnings, as he is familiar with the new colorfast and wind resistant material now used for awnings and boat covers; he does not like the bareness of the archways and recommended adding a trellis with evergreen plantings to the inside of each; and the rear elevation of the building needs additional articulation. Councilmember Mikos concurred with Councilmember Harper's suggestion for enhancing the archways; and stated there are no drawings depicting how the patio will look with the awnings and trellis. Councilmember Millhouse stated he shares Councilmember Parvin's concerns regarding the maintenance of the awnings and would like to see a condition of approval added to the project for awning maintenance; the lettering on the signage appears very small; and the trees appear to block signage on the restaurant. Mr. Hogan stated staff could work with the applicant on relocating the trees; the building has signs on all four sides; the eastern elevation sign could be increased in size as long as it complies with the Sign Program. In response to Mayor Hunter, Mr. Hogan stated staff will look at moving the trash enclosure to the northeast corner of the building and relocate the two handicapped parking places to the front of the building. John Rix, architect representing Architectronix, Inc., 3505 Cadillac Avenue, Costa Mesa, California, stated the trellis was designed to resemble the trellis feature near Target; the trash enclosure was located to facilitate truck access, but they will work with staff to relocate it; and there will be no problem installing trellis material to soften the look of the archways. IMN Minutes of the City Council Moorpark, California Page 11 February 4, 2004 In response to Council questions, Mr. Rix stated they will install some kind of evergreen vine in front of the trellis feature to be added to the archways; there is an outside dining area on the patio; the use of umbrellas and heater lamps on the patio has not been discussed; the overhead trellis on the patio is for aesthetics, and is not designed to provide shade; the building design is of a higher quality than most Denny's buildings; the menu will be the standard Denny's menu; moving the trash enclosure without jeopardizing site drainage will be considered and delivery trucks will then need to park and use hand carts to move product; if allowed, the applicant would probably prefer a 24 -hour operation; and this design does not currently have beer and wine as part of the proposal. In response to Councilmember Parvin, Mr. Hogan stated an Administrative Permit, subject to the approval of the Community Development Director, would be required if an alcohol permit is requested. Councilmember Harper stated he would like to see this business open for 24 -hours due to its location near the freeway, distance from residential, and the need in the community for 24 -hour service. In response to Councilmember Harper, Mr. Hogan stated the last remaining space on the tower has been reserved for signage for the last Pad; there is no additional space on any of the existing monument signs to add the Denny's logo; however, a modification of existing monument signs could be considered at a later date. In response to Councilmember Mikos, Mr. Hogan stated the location of handicapped parking spaces will be reviewed by the City's Building Official and the closest and most direct path to the main entrance will be provided in accordance with ADA requirements. Mayor Hunter requested the project be conditioned to relocate the trash enclosure and move the handicapped parking spaces near the front door, unless in conflict with the Building Official's direction. 000050 Minutes of the City Council Moorpark, California Page 12 February 4, 2004 MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to prepare a letter approving Permit Adjustment No. 2 to CPD No. 2001 -01 for the Denny's Restaurant site plan and building elevations, as amended to authorize the Community Development Director to review and potentially modify the sign program as needed; relocate the trash enclosure and handicapped parking spaces, as determined by the Community Development Director; and add a trellis with evergreen vine plantings to the east and north facing archways. Councilmember Millhouse requested an amendment to the motion to include direction for staff to add a condition for awning inspection and maintenance. MOTION TO AMEND: Councilmember Harper moved to amend the motion and Councilmember Mikos seconded the amendment to include direction for staff to include a condition requiring the inspection and maintenance of the awnings. The amendment to the motion carried by unanimous voice vote. The main motion, as amended, carried by unanimous voice vote. B. Consider Presentation by Eve Liebman of United Way in Appreciation of City Employee Contributions. In the absence of Ms. Lieban, Kathy Raffaelli, of United Way presented a Certificate of Appreciation to the City of Moorpark, recognizing the employee contributions totaling $6,227.00 for the 2003/2004 campaign. C. Consider Presentation by David Mullinex, Regional Representative, League of California Cities. Mr. Mullinex, Regional Representative of the League of California Cities gave a presentation on an initiative the League is sponsoring to require voter approval before State government may take local government tax revenues. He spoke about Sacramento balancing their budget on the backs of cities by shifting local property taxes to State issues; and the challenge to educate the community there will be $250,000.00 less to spend in Moorpark on local programs. 000051L Minutes of the City Council Moorpark, California Paae 13 February 4. 2004 AT THIS POINT in the meeting, Mayor Hunter stated Item 9.D. would be heard concurrently with Item 9.C. D. Consider Resolution Supporting a Statewide Ballot Initiative to Require Voter Approval Before State Government May Take Local Tax Funds. Staff Recommendation: Direct staff as deemed appropriate. Mayor Hunter stated cities, counties and special districts are being unfairly burdened with 500 of the State's debt; historically these entities have been very good stewards of the public's money, balancing their budgets each year even when they have no where else to go when revenues are short; Senate Bill 744 would allow State government to override local land use decisions, making local government legislators irrelevant; funds generated locally to provide for libraries, police, and fire services should be spent in the local community; the city of Moorpark has lost over $3- million dollars, since the State began taking from local governments in the early 1990's; and the League's initiative is fundamental to structural change in the way cities and counties are funded, giving the residents the last say in whether funds may be transferred to the State. He ended by offering his support of the initiative and willingness to help in any way possible. Councilmember Mikos commended Mayor Hunter's remarks. She stated funds being raided /stolen by the State, lawfully belong to local government; in the early 1990's, an unintended consequence of Proposition 13, allowed local property taxes, previously collected and distributed locally, to be shifted to the State with the promise the State would return these funds to the locality; and the State has repeatedly chosen not to keep that promise even when there were surpluses. Councilmember Mikos went on to state the public should be aware only 7.8 -cents of each property tax dollar collected locally stays in Moorpark and the State would like to have even more of that 7.8- cents. She ended by stating she strongly supports the League's initiative; and cited her attendance at the California League of Cities Convention earlier in the year where the delegates unanimously supported this effort. 000052 Minutes of the City Council Moorpark, California Page 14 February 4, 2004 Mayor Hunter stated over the last 10 years local governments have continued to provide superior service to their residents despite the reduction in revenues; however, it is getting to the point where service levels and quality of life will be affected. Councilmember Millhouse described the State as a parent, stealing from their child's piggy bank to pay for an addiction to over - spending. He stated the city of Moorpark has been fortunate that through the efforts of the City Council, City Manager and City staff, funds and services have continued at an acceptable level; however it can only last so long when more and more monies are taken away. Councilmember Millhouse went on to state it is time for the parent to be held accountable; cities have to go directly to the people; and he wholeheartedly supports the League's efforts. Councilmember Parvin stated the League of California has done a great job in educating the entire State on this subject; she appreciates Mr. Mullinex's efforts in speaking at various cities; it is time for the State to be held accountable; and it is time to move forward and support the initiative. In response to Councilmember Harper, Mr. Mullinex stated the League will be taking a position on all of the March 2004 ballot issues including the bail -out bond. Councilmember Harper stated even as an educator, he will have a hard time voting for the bail -out bond, which if defeated will severely impact education, as it is deficit - spending, placing a tremendous tax burden on future generations. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to adopt Resolution No. 2004 -2164 supporting a statewide ballot initiate to require voter approval before State government may take local tax funds. The motion carried by unanimous voice call vote. E. Consider Maintenance Plan for the High Street Pepper Trees. Staff Recommendation: 1) Authorize staff to remove the High Street Pepper trees in spaces 22, 45, 000053 Minutes of the City Council Moorpark, California Page 15 February 4, 2004 34, 29, and 26; and 2) Direct staff to implement the steps proposed in the agenda report. Ms. Lindley gave the staff report. She introduced Michael Mahoney, Independent Consultant and Specialist in Arboriculture and Urban Forestry, as available for questions. In response to Councilmember Parvin, Ms. Lindley stated there were three arborists paid in regard to the study of the pepper trees. In response to Councilmember Mikos, Mr. Mahoney stated the pepper trees are a senior population of trees, all of which are being treated with the same expectation; it is not often this species of tree lasts as long as 100- years; there must be a realization, that at some point, these trees will deteriorate and fall down; and there is a need to begin a transition by eliminating some and planting new ones. Mr. Mahoney described the timeline for removal, replacement, and mitigation for some of the trees. In response to Councilmember Parvin, Mr. Mahoney stated seedlings from these trees can be harvested and cared for, to eventually become more Poindexter pepper trees. Councilmember Harper stated this is a very hard decision to make. In response to Councilmember Harper, Mr. Mahoney identified this species to be the California Pepper and stated there are appropriate places along High Street worthy of replanting; however, not in front of the Metrolink station. He recommended not starting out with large replacement trees, as smaller trees establish, grow, and thrive more quickly. In response to Mayor Hunter, Mr. Mahoney stated cabling of trees changes the structural dynamic and requires more maintenance responsibilities. William Whitaker, a Moorpark resident and business owner, 179 E. High Street, stated he was speaking for himself and on behalf of over 1,400 signatories of a petition to prohibit the removal of the pepper trees. He asked the City to address the question of the trees 000054 Minutes of the City Council Moorpark, California Page 16 February 4, 2004 having been declared an historical landmark by the County of Ventura and whether this designation would have been carried forward by the City during its incorporation when all County documents were adopted as a whole. Mr. Whitaker stated an environmental study is not included in the agenda report; one pepper tree marked for removal is a nesting area for a protected species of bird; no one wants to risk the safety of the community; but they do not want the City to be hasty. He requested any replacement trees be substantial in size, as the 24 -inch box trees currently planted are more susceptible to damage due to their small size and some have even been vandalized. Mayor Hunter stated the Council must balance keeping the trees at all costs versus the requirement to protect the safety of the public and vehicles using the downtown area. Mr. Whitaker stated cabling may be an option to stabilize the trees; Mr. Mahoney's report provided a good deal of relief; however, he asked that the senior trees not be euthanized; but taken care of as long as possible. In response to Mayor Hunter, Ms. Lindley stated the trees did receive an historical landmark designation from the County of Ventura prior to the City's incorporation; the County now states that they no longer have jurisdiction over the historical designation of the trees and they no longer list those trees as historical; and staff did prepare a Negative Declaration for the removal of the trees. In response to Councilmember Mikos, Ms. Lindley stated the environmental clearance was presented when this item went before Council in June of 2003; and there were no comments on the filing with the State. In response to Councilmember Mikos, Mr. Montes stated if the City became aware of the existence of a sensitive /endangered bird species, a review of any permit requirements in addition to the environmental report would have to take place. O00055 Minutes of the City Council Moorpark, California Page 17 February 4, 2004 Debra Tash, a Moorpark business owner, 5777 Balcom Canyon Road, Somis, stated she appreciates the arborist's presentation and now understands the Council's predicament in making this decision. She asked when implementing the three phase plan to replace the trees, that the character of High Street not be altered. Dick Wardlow, a Moorpark business owner, 233 High Street, stated High Street is the highlight of Moorpark's identity. He applauded the Council's efforts in facing the problem; requested the largest replacement trees possible; questioned the use of seedling trees; and stated the City has exposure to trees falling anywhere in town, not just High Street. Gerald Goldstein, a Moorpark resident, spoke in opposition to the removal of the Pepper trees; and cited other instances of tree removal due to development causing the loss of greenery and beauty throughout the City. In response to Councilmember Harper, Mr. Mahoney stated tree growth rate is related to environment and amount of care; and a moderate rate of growth would be expected of replacement Pepper trees provided proper irrigation during establishment, which may take three to five years. Councilmember Millhouse stated the arborist's proposal is a balanced approach dealing with the safety issues and still maintaining the historical nature of the street; and he is concerned about the pruning of the trees to maintain some semblance of shade. In response to Councilmember Mikos, Mr. Mahoney stated he has seen a similar situation in San Juan Capistrano where they have some Pepper trees. He stated one tree with more decay than Moorpark's trees did fall over. Councilmember Mikos stated the arborist has done an excellent job; and if the plan is followed, a range of tree ages appearing on High Street will provide a cycle of tree growth. Councilmember Parvin stated there is historical value in maintaining the Poindexter trees through planting OOOOSG Minutes of the City Council Moorpark, California Paae 18 February 4, 2004 of seedlings perhaps on school campuses. She stated she would like to see better communication between the City and business owners along High Street when it comes time to remove or provide maintenance for these trees. MOTION: Councilmember Millhouse moved and Mayor Hunter seconded a motion to: 1) Authorize staff to remove the High Street Pepper trees in spaces 22, 45, 34, 29, and 26; and 2) Direct staff to implement the steps proposed in the agenda report, as amended to rely upon tree experts and staff to decide the size of replacement trees. Councilmember Harper requested an amendment to the motion to include direction for staff to provide a follow -up report on the timing of the tree removals, type of irrigation, and notification to adjacent property owners prior to actual tree removal. He reminded the Council and staff this is an attempt to pass on the same streetscape to future generations. Councilmember Mikos emphasized the goal is to preserve the tree line and the atmosphere on High Street. MOTION TO AMEND: Councilmember Millhouse moved to amend the motion and Mayor Hunter seconded the amendment to include direction for staff to provide a follow -up report on the timing of the tree removals, type of irrigation, and notification to adjacent property owners prior to actual tree removal. The motion to amend carried by unanimous voice vote. The main motion, as amended, carried by unanimous voice vote. AT THIS POINT in the meeting, a recess was declared. The time was 10:31 p.m. The meeting reconvened at 10:48 p.m. F. Consider Providing Comments on Possible Unmet Transit Needs to the Ventura County Transportation Commission and Receive Report on Unmet Transit Needs Findings and Goals. Staff Recommendation: Provide comments and direct staff to forward them to VCTC, prior to the end of the public comment period of February 9, 2004. Ms. Lindley gave the staff report. 000057 Minutes of the City Council Moorpark, California Page 19 February 4, 2004 In response to Councilmember Mikos, Ms. Lindley stated the Dial -A -ride service has now been extended to all seniors, whereas, before it was only ADA- qualified seniors and non - seniors who were allowed to use the program; staff is finalizing structural calculations for the bus shelters and benches; the agreement is signed; and installation work should begin in the next 30 -days. Gerald Goldstein, a Moorpark resident, spoke about the bus service being out -of -order recently; the need for new buses or passenger vans; and a need for more bus stops. In response to Councilmember Mikos' request to post a phone number where the bus schedule could be confirmed and Mayor Hunter's request that the actual bus schedule be posted at bus stops, Ms. Lindley stated with the new budget, perhaps the bus schedule could be posted in some form of signage at the new bus shelters. Councilmember Parvin stated the maps on the website need to be improved so they are more readable and less confusing. Councilmember Mikos encouraged the public to make comments regarding any unmet transit needs since there are still a few more days left in the comment period. Councilmember Millhouse encouraged the public to make comments citing changes to bus schedules, and accommodations for the handicapped and seniors resulting from comments received last year. Ms. Lindley stated staff will provide Council's comments in a letter to the VCTC. CONSENSUS: It was the consensus of the Council to forward their comments to VCTC. G. Consider a Request for a Scope of Work for the Preparation of Plans and Cost Estimate for the Design, Grading, and Construction of the North Hills Parkway from Los Angeles Avenue on the West to the Extension of Spring Road in Moorpark Hiqhlands on the East. `000058 Minutes of the City Council Moorpark, California Page 20 February 4, 2004 Staff Recommendation: Request for Proposal. Direct staff to circulate the Mr. Hogan gave the staff report. He corrected the references on page 1 of the agenda report to change easterly to westerly and east to west. In response to Councilmember Parvin, Mr. Hogan stated the Request for Proposal includes both scenarios for railroad crossings; and in case a lump sum is not approved, they are requesting component part costs. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers for this item. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to direct staff to circulate the Request for Proposal. The motion carried by unanimous voice vote. H. Consider Plans and Specifications and Authorization to Advertise for Bids for the Los Angeles Avenue /Beltramo Ranch Road Widening Project. Staff Recommendation: Approve the plans and specifications and authorize staff to advertise for receipt of bids upon receipt of federal grant approval. Mr. Gilbert deferred giving the staff report due to the late hour. Gerald Goldstein, a Moorpark resident, stated he lives on a farm on Beltramo Ranch Road and was not notified of the potential road widening. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to approve the plans and specifications and authorize staff to advertise for receipt of bids upon receipt of federal grant approval. The motion carried by unanimous voice vote. I. Consider Resolution Establishing Improvements in the City's Code Enforcement Work Program. Staff Recommendation: 1) Adopt Resolution No. 2004 -2165; and 2) Direct staff to schedule amendment of the Classification Plan and Salary Plan resolution and the Municipal Code to change references from "Code Enforcement" to "Code Compliance" and also amend the 000059 Minutes of the City Council Moorpark, California Page 21 February 4, 2004 resolution authorizing the Code Enforcement Officer to act as a "Public Officer." Mr. Hogan gave the staff report In response to Councilmember Parvin, Mr. Hogan stated the Code Compliance Officer may wear a uniform in the evenings and on weekends; however, during weekdays a polo shirt with logo and chino pants are considered less officious; the Code Compliance Officer will infrequently be asked to accompany the Sheriff; other names contemplated instead of "compliance" were technician, inspector, official, investigator, or examiner; and it was decided the impression was softened by the word "compliance" and the change in uniform. In response to Councilmember Parvin's request that the verbiage on page 91 under Program Objective be clarified by deleting the words "through expeditious enforcement efforts when public information efforts are insufficient ", Mr. Hogan stated staff would make that change; and confirmed the Code Compliance Program outline is available in both English and Spanish. In response to Councilmember Parvin, Mr. Hogan stated the length of time for compliance is usually 30 -days with discretion given to the officer based upon the length and breadth of the violation; to ensure fairness, any deviation from the 30 -days requires checking with a supervisor or the Community Development Director; the first notification letter does not include a cost since it would only be an estimate; and office hearings are very successful in obtaining compliance. In response to Mayor Hunter, Mr. Hogan stated the proposed uniform would require a photo i.d. clipped to the belt and visible at all times. Mayor Hunter recommended the first notification letter be signed by the Compliance Officer, the second letter be signed by the Supervisor, and the letter referring the case to the City Attorney be signed by the Community Development Director. He further recommended adding verbiage to indicate when a case is closed or resolved; and the letter setting the office rirr.r Minutes of the City Council Moorpark, California Page 22 February 4, 2004 hearing should provide some opportunity for scheduling the meeting time and date. Mayor Hunter stated he likes the change to "code compliance "; and codification of the program. He stressed initial efforts should be in public awareness through use of pamphlets, the quarterly magazine, and the webpage. Councilmember Mikos stated she concurred with giving some latitude on scheduling the office hearing; however, the window of opportunity should be only a couple of weeks. She suggested a public outreach or workshop could be used to introduce this new program to the public and give them an opportunity to learn how it works. In response to Mayor Hunter, Mr. Hogan stated there is no reason why City letterhead is not used with these notification letters; however, the Community Development Department letterhead provides the City's webpage. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers for this item. Councilmember committee he improvement. Harper stated as a member of the finds these changes to be a great MOTION: Councilmember Harper moved and Mayor Hunter seconded a motion to: 1) Adopt Resolution No. 2004 -2165, as amended to include changes to notification letters including: signatories, inclusion of "case closed" when applicable, and scheduling opportunities for the office hearing; and 2) Direct staff to schedule amendment of the Classification Plan and Salary Plan resolution and the Municipal Code to change references from "Code Enforcement" to "Code Compliance" and also amend the resolution authorizing the Code Enforcement Officer to act as a "Public Officer ". Councilmember Parvin requested an amendment to the motion to include the change to the definition of the Program Objective to delete the words "through expeditious enforcement efforts when public information efforts are insufficient ". OOOOGIL Minutes of the City Council Moorpark, California Paqe 23 February 4, 2004 MOTION TO AMEND: Councilmember Harper amended the motion and Mayor Hunter seconded the amendment to include the deletion of the words "through expeditious enforcement efforts when public information efforts are insufficient" from the definition of Program Objective. The motion to amend carried by unanimous voice vote. In response to Councilmember Mikos question whether a report from staff would be desired to determine if an electronic version of the regular letterhead could be used instead of the Community Development Department (CDD) letterhead, Mayor Hunter stated he had only asked why the Department letterhead was used and in his opinion, staff should determine the letterhead to be used; and it is not his desire to have them generate a report. The main motion, as amended, carried by unanimous voice vote. K. Consider Appointment of Tenant Commissioner to the Area Housing Authority of the County of Ventura. Staff Recommendation: Direct a letter be sent to the Area Housing Authority Board endorsing the reappointment of Vina June Milburn as the tenant representative for a two -year term ending March 31, 2006. Ms. Traffenstedt gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to direct a letter be sent to the Area Housing Authority Board endorsing the reappointment of Vina June Milburn as the tenant representative for a two -year term ending March 31, 2006. The motion carried by unanimous voice vote. 000062 Minutes of the City Council Moorpark, California Page 24 February 4, 2004 10. CONSENT CALENDAR: MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Regular Meeting of December 17, 2003. Consider Approval of Minutes of Special Meeting of January 16, 2004. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2003 -2004 - February 04, 2004. Manual Warrants 115120 - 115123 & $ 10,395.00 115124 - 115129 & $ 600.00 115130 - 115133 $ 222,067.11 Voided Warrant 112220 & 113458 & $ (1,813.00) 113713 & 115088 & 115124 - 115127 & 115240 Payroll Liability 115134 - 115137 $ 962.28 Warrants Regular Warrants 115138 - 115237 & $ 89,453.16 115238 - 115252 $ 201,584.12 Staff Recommendation: Approve the warrant register. C. Consider Resolutions Initiating Proceedings Related to the Levy of Assessments for the Citywide Landscaping and Lighting Assessment District and the Parks and Recreation Maintenance Improvement District for Fiscal Year 2004/2005. Staff Recommendation: Adopt Resolution Nos. 2004 -2166 and 2004 -2167. D. Consider Resolution of Intent Directing the Planning Commission to Study, Hold a Public Hearing, and Provide Recommendation on Zoning Ordinance Amendments to Title 17 Relating to the Keeping of Animals and Regulation of Flagpoles in Residential Areas. Staff Recommendation: Adopt Resolution 2004 -2168. 000063 Minutes of the City Council Moorpark, California Page 25 February 4, 2004 11. ORDINANCES: A. Consider Ordinance No. 300, an Ordinance of the City of Moorpark, California, Deleting Section 10.04.120, Vehicles for Sale, of Chapter 10.04, Traffic Code, of Title 10, Vehicles and Traffic, of the Municipal Code. Staff Recommendation: Declare Ordinance No. 300 read for the second time and adopted as read. Mr. Montes read the title of Ordinance No. 300. MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to waive further reading, declare Ordinance No. 300 read for the second time, and adopted as read. The motion carried by unanimous voice vote. 12. CLOSED SESSION: Mr. Kueny requested the City Council go into closed session for Item 12.B. (three cases). MOTION: Councilmember Parvin seconded a motion to adjourn to of three cases under Item 12. carried by unanimous voice vote. moved and Councilmember Mikos closed session for a discussion B. on the agenda. The motion The time was 11:32 p.m. 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) The Council reconvened into closed session at 11:40 p.m. following a brief recess. Present in closed session were Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Barry Hogan, Community Development Director; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened into open session at 11:45 p.m. Mr. Kueny stated three cases under Item 12.B. were discussed and there was no action to report. 1111.• Minutes of the City Council Moorpark, California Page 26 February 4, 2004 13. ADJOURNMENT: Mayor Hunter adjourned the meeting at 11:45 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk 000065 MINUTES OF THE CITY COUNCIL Moorpark, California February 18, 2004 A Regular Meeting of the City Council of the City of Moorpark was held on February 18, 2004, 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 7:13 p.m. 2. PLEDGE OF ALLEGIANCE: Gary Cabriales, Moorpark Unified School District Board President, led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Kenneth Gilbert, Public Works Director; Mary Lindley, Community Services Director; Cynthia Borchard, Administrative Services Director; Brad Miller, City Engineer; Sr. Deputy Ed Tumbleson, Sheriff's Department; David Bobardt, Planning Manager; Scott Wolfe, Principal Planner; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Certificates of Recognition of 2003 Moorpark Police Department Volunteers Bob Crockford and Dorothy Podry. Mayor Hunter accompanied by Sr. Deputy Ed Tumbleson, presented Certificates of Recognition to Bob Crockford and Dorothy Podry as 2003 Moorpark Police Department Volunteers. B. Proclamation Declaring February 2004 as "Have a Heart for Kids!" month. rrrc.. Minutes of the City Council Moorpark, California Page 2 February 18, 2004 Mayor Hunter presented John Hartley, member of the Board of Directors for Child Development Resources of Ventura County with a Proclamation declaring February 2004 as "Have a Heart for Kids!" month. C. City Manager's Monthly Report. Mr. Kueny introduced Cindy Borchard, Administrative Services Director, who described the three divisions, Finance, Central Services and Information Services, which make up the Administrative Services Department. She stated the nine department employees have over 100 -years of combined experience in government accounting /finance. Ms. Borchard summarized some of the department's achievements in 2003, including implementation of a Geographic Information System (GIS) , an update to Fixed Assets, an analysis of the State budget impact on the City, preparation of the Fiscal Year 2003/04 Capital Improvement Budget, and completion of Phase 1 of the City's website re- design. Mayor Hunter stated he is amazed at what staff can accomplish with less money and commented on the State having taken over $3 million of Moorpark's funds. 5. PUBLIC COMMENT: Scott Green, a Moorpark resident and business person, 33 High Street, spoke about the golf tournament the City proposes to sponsor to raise funds for scholarships. He complimented the City on negotiating this agreement with Toll Brothers for the annual golf tournament; however, cited impacts to other non - profit organizations in town, which also try to raise funds for worthy causes by having their own golf tournaments. Mr. Green stated the competition between the City and other organizations appears to be unintentional; however, the City's involvement could be perceived as a possible conflict of interest. AT THIS POINT, in the meeting, Mayor Hunter made the Council aware there were several speakers on this same item; therefore, he would like to have Item 10.D. pulled from the Consent Calendar for individual consideration. He asked the Council to waive rules to allow the speakers to speak to this item during Public Comment. �flll. Minutes of the City Council Moorpark, California Page 3 February 18, 2004 CONSENSUS: It was the consensus of the Council to waive rules and allow the speakers to speak during Public Comment on Item 10.D., which would be pulled from the Consent Calendar. Will Whitaker, a Moorpark resident and business owner, 179 E. High Street, stated he wanted to speak about the action the Council took at the February 4, 2004, meeting in regard to the removal of certain California Pepper trees on High Street. He stated his concern regarding misleading information given to Council by staff pertaining to status of the historical landmark designation given the trees by the County of Ventura, and stated a letter would be forthcoming from the Ventura County Cultural Heritage Commission, reiterating that the Pepper trees are still considered a landmark by the County. Mr. Whitaker continued by stating this historical landmark status requires compliance with the California Environmental Quality Act (CEQA) ; the Council's action on February 4, 2004, and previous filing of a Notice of Exemption is not legal under CEQA; and presented his own letter to the City Clerk further defining the issues. Mr. Whitaker provided the City Clerk with a petition with over 1,500 signatures supporting continued maintenance and non - removal of the Pepper trees on High Street. Ms. Lindley stated she had viewed correspondence provided by Councilmember Parvin, of a letter dated in the 1980's and another dated in the 1990's. She continued by stating, the first letter was from the County of Ventura, written to its own Commission, indicating the City of Moorpark had adopted its own ordinance and outlined the differences between the County and City ordinances; the second letter informed the Moorpark City Council of the option to use the County's Historical Commission as its advisory body; and she stated she is not aware the City took such action. Ms. Lindley stated her interpretation of this correspondence does not agree with the speaker's interpretation. She also stated she had a discussion with a County staff person who stated the County has no jurisdiction over anything within the City. In response to Mayor Hunter, Ms. Lindley stated she did not know if the historical status expires; but she does know the County's jurisdiction over the trees ended when the City incorporated; she did provide the Council with a Box Item clarifying the fact that she misspoke when she indicated she had filed a Negative Declaration and had Minutes of the City Council Moorpark, California Page 4 February 18, 2004 instead, filed an Emergency Exemption back in June 2003, when this first came to Council; and had filed another Emergency Exemption after the Council's action at the meeting of February 4, 2004. Michael Caro, a Moorpark resident, spoke about adjacent neighbors who have nine barking dogs. He stated Code Compliance advised four dogs are the maximum numbered allowed on any one property. He enumerated several complaints involving the dogs; and described a recent court case where these neighbors were convicted on seven counts of violating the Moorpark Municipal Code involving animal regulation and fined $2,000.00. Mr. Caro continued by stating the same violations are continuing and he is concerned the Council's action at the October 2003, City Council meeting may change the code to allow more than four dogs on larger parcels. Mayor Hunter clarified the Council's action in October 2003, was for the Planning Commission to study the issue and report back to the Council. He assured Mr. Caro he would be notified and afforded the opportunity to testify at the Planning Commission meetings and subsequent City Council meetings regarding this subject. Bruce Thomas, a Moorpark resident, asked, in regard to Consent Calendar Item 10.D., if there is a public policy in regard to the City sponsored events such as the golf tournament. He stated people are reluctant to "give" money to a government entity; and in the absence of a public policy there is an appearance of a conflict of interest. Mr. Thomas recommended the Council adopt a public policy regarding City sponsored events. Mayor Hunter stated the Council would discuss this suggestion when Item 10.D. is pulled from the Consent Calendar. Michael H. Wesner, a Moorpark resident and also the Chair of the Moorpark College Foundation, which raises funds for the college, described collaborating with other community colleges to raise money without working at cross purposes by sponsoring events at the same time and using the same vendors. He stated a collaborative effort can result in raising more money than individual efforts; and suggested the City join together and use the Foundation's expertise to enhance their golf tournament. Mr. Wesner also stated 000069 Minutes of the City Council Moorpark, California Page 5 February 18, 2004 he is a member of Kiwanis, which supports scholarships for students and they too would be willing to partner with the City on this event, which would provide the giver with a tax incentive since they are a non - profit organization. Don Moore, a Moorpark resident, and President of the Board of Directors of the Boys & Girls Club of Moorpark stated he is not thrilled with competing with the City to raise money. He suggested the Boys & Girls Club give the City the $5,000.00 it has established as the goal for the scholarships; and in return, allow the Boys & Girls Club to use the City's discount at Toll Brothers for their golf tournament. He continued by stating even though the City's goal for scholarships is a good one, there are advantages for the Club to sponsor this event since it would use all 150 slots, while the City only anticipates having 80 golfers; the City will not have to dedicate staff time to the project, and the same sponsors would not be squeezed for contributions. Randy Wheeler, a Moorpark resident, representing the Chamber of Commerce as a Board Member, stated they too would not like to see an additional tournament competing for the scarce source of funds in the community; the Chamber has a golf tournament scheduled within a week of the City's tournament date; and they too would like to partner with the City to manage or maintain this golf tournament. Virginia Hayward, President and Chief Executive Officer of the Moorpark Chamber of Commerce, stated she is speaking on behalf of the businesses in Moorpark who would like to partner with the City in sponsoring the golf tournament. Gary Cabriales, a Moorpark resident, representing the American Cancer Society's Moorpark Relay for Life 24 -hour fund raiser, thanked the City, Council, and City staff for their good works and past support of the American Cancer Society and the Moorpark Boys and Girls Club. He stated the City's sponsorship of this golf tournament gives him an uneasy feeling due to the perception the City is getting into the fund - raising business. Mr. Cabriales continued by stating, as a taxpayer, he is concerned six to ten City staff members will be spending from one hundred to two hundred -hours over a two to three -month period of time to organize such an event; the City's event will dilute the dollars available in the City for fund raising; and he 0000'70 Minutes of the City Council Moorpark, California Page 6 February 18, 2004 would like to see a partnership with any of the organizations represented tonight, resulting in no cost or effort on the part of the City. Lyle Pennington, a Moorpark resident, reiterated previous speakers' comments regarding the golf tournament and stated he has been involved with the Boys & Girls Club golf tournament for about 10- years; he was the co -chair of the Rotary /Packers Tournament at Wood Ranch, which was a partnering of the Packers organization with Rotary; and he can identify the countless hours needed to organize tournaments, gain sponsors, gather donations for auctions, and then execute a tournament. He stated the money produced by these tournaments is used to run programs offered by the Boys and Girls Club or donated to other organizations within the community to benefit the children of Moorpark. Mr. Pennington stated he was shocked when he heard about the City's tournament, as there are a finite number of sponsors in the community; one more tournament dilutes the efforts of all; and collaboration between the City and non - profit organizations is the operative way to go. Patty Waters, a Moorpark resident, representing the Boys & Girls Club of Moorpark, thanked the Council for their past support; enumerated the accomplishments and impacts that support has had on the children; and asked the City to consider not competing with their tournament. She stated she hopes the City will take the agreement with Toll Brothers and use it to benefit the whole community. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 8:02 p.m. The City Council meeting reconvened at 8:03 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mayor Hunter requested Items 10.C., 10.D., and 10.E. be pulled from the Consent Calendar for individual discussion with Item 10.D. to be heard immediately preceding Presentation /Action /Discussion. Staff requested Item 10.F. be pulled from the Consent Calendar for individual discussion. ®O0®i1L Minutes of the City Council Moorpark, California Paae 7 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: None. 8. PUBLIC HEARING: None. February 18. 2004 AT THIS POINT in the meeting Item 10.D. was heard. 10. D. Consider Resolution Amending the Fiscal Year 2003/04 Budget by Appropriating Funds for the City's First Annual Youth Scholarship Golf Tournament. Staff Recommendation: Adopt Resolution No. 2004- ROLL CALL VOTE REQUIRED Mr. Kueny stated it was never staff's intent to compete with the non - profits; many good comments were made during Public Comments; it has been a long standing goal of the City to have a funding source to provide low- income families the opportunity to participate in some of the fee based programs; and that is a noble goal. He indicated the materials for the tournament have already been published; and they already have $6,000 in sponsorships. In response to Mayor Hunter, Mr. Kueny stated collaborating with one or more of the organizations is a good suggestion, especially with the Boys and Girls Club, since both the City and the Boys and Girls Club serve the same population of children. In response to Mayor Hunter's suggestion for the possibility of implementing a master community calendar to avoid conflicts in scheduling of events, Mr. Kueny stated it would have merit. Councilmember Harper stated a master calendar could easily be created electronically using Microsoft Office. He also stated he liked the suggestion of partnering with the Boys and Girls Club since they would guarantee the $5,000.00 in scholarship money, staff time would be minimized, and the event would automatically be a success due to the experience of the existing group. 000072 Minutes of the City Council Moorpark, California Page 8 February 18, 2004 Councilmember Parvin stated she had received several calls from citizens who had received invitations to the City's event. She had not been informed ahead of time about the event; and if she had been, she could have avoided having all these speakers as she would have recognized the conflict immediately. Councilmember Millhouse called attention to the number of speakers on this issue and commended them as the behind - the - scenes people who make Moorpark a great community. He stated he was aware the City had an agreement with Toll Brothers; but was not aware of the scheduling or features of the planned tournament. Councilmember Millhouse recommended the City develop a policy on how a partnership with an organization should be decided and what kind of cost sharing would be involved; and indicated he would be willing to sit on a committee to work on this proposal. He concurred a master calendar would be helpful. Councilmember Mikos expressed her appreciation to all of the speakers for sharing their concerns and for their acknowledgement it was not the City's intent to create a conflict. She stated the idea of partnering is a good idea, but not necessarily with the same group each time so different people in the community can participate; the dollar goal should continue to grow each year as the need will continue to grow; and a master calendar should be discussed with the City's website staff. In response to Councilmember Parvin's suggestion to involve the Parks and Recreation Commission, Mayor Hunter stated discussions will include financial matters and policy issues and including the Parks and Recreation Commission may tend to slow down the process and it would be better to get together with the non - profit groups right away and select a new date. Mayor Hunter recommended the date for the tournament be removed from May 14th' and since matters of finance and policy are involved, the Budget and Finance Committee should work on a recommendation on how to proceed. He continued by stating the Committee would then come back to Council with their recommendations; and at that same time, staff should present ideas for 000 073 Minutes of the City Council Moorpark, California Page 9 February 18, 2004 the master calendar of events of interest to the entire community and to be administered by staff. Councilmember Harper stated as a member of the Budget and Finance Committee he would very much like to work on this, but it would need to be soon as sponsors have already signed up. CONSENSUS: It was the consensus of the Council to: 1) Refer this matter to the Budget and Finance Committee to discuss a sharing arrangement with a local non - profit organization, select a new date for the tournament, and report back to Council within 30 -days; and 2) Direct staff to present a report on the development of a master calendar listing events of interest to the community to avoid overlap of activities. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Presentation by Representative from the Ventura County Transportation Commission (VCTC). Councilmember Millhouse, Chair of VCTC, stated the status of the State budget and lack of any funding for improvements to roadways and mass transit systems, along with the threat to local funds, has generated discussion and consideration of the idea of a potential local sales tax measure. He stated the guest speakers will provide information on the status of County projects; discuss the impacts from the lack of Federal and State funding; and will answer any questions. Ginger Gherardi, Executive Director of VCTC gave a presentation on traffic congestion affecting Ventura County. She provided the Council with a draft initiative proposed for the November 2004 ballot to enact a one -half cent sales tax, which would generate 50- million dollars a year with 40% to be allocated for State Highways, 30% to Transit, and 30% to Local Streets, all to be used for improvements in Ventura County. She stated Ventura County is the only area in Southern California that is not paying a sales tax to support transportation; without the funds generated from the proposed sales tax the widening of Highway 23, Highway 118, and Lewis Road leading to the campus of California State University, Channel Islands will 000 014 Minutes of the City Council Moorpark, California Page 10 February 18, 2004 be delayed; and it is unknown when U.S. Highway 101 will experience any relief from congestion. Ms. Gherardi continued by stating without the sales tax revenue the widening of Highway 23 will be delayed until 2013, the widening of Highway 118 between Tapo Canyon in Simi Valley and New Los Angeles Avenue in Moorpark will be delayed until 2021, and the widening and improvements to U.S. Highway 101 will not be implemented until 2048. She also stated if the sales tax initiative were to be approved by the voters, work on Highway 23, Highway 118, and Lewis Road would go to construction within six months. In response to questions from Council, Ms. Gherardi stated the improvements delayed until 2048 for U.S. Highway 101 from the Los Angeles County line to Santa Barbara County line were to include inside widening within the existing right -of -way and interchange improvements; the improvement to Highway 118 would be the addition of one more lane from Los Angeles County line to Tapo Canyon; and unfortunately there has been a delay in Caltrans' completion of construction designs for the improvements from Tapo Canyon to Moorpark; Moorpark's share of the tax revenue created by the proposed sales tax would be $654,000.00 with the per capita share updated each year; the PowerPoint presentation will be available on VCTC's website; the passage of this initiative does not impact State money owed to local governments for these projects; and there is enough right -of -way to add a second railroad track in Ventura County. Councilmember Millhouse stated with the funding crisis there is no revenue to fund transit; this measure will fund not only roadways, but mass transit, bike lanes, and amenities for pedestrians; there is a 1% cap on spending for administration; the money will stay locally in Ventura County; and an oversight committee will perform yearly audits making sure the funds are not wasted. Ventura County Board Supervisor Steve Bennett, new Chair of the VCTC, stated the Board of Supervisors has been working toward creating an Open Space District, which the voters were in favor of in 1998; polls indicate 70% of citizens would support a sales tax for Open Space; a committee has been appointed and has 0000'75 Minutes of the City Council Moorpark, California Page 11 February 18, 2004 reached a consensus targeting the November 2004 election for the sales tax initiative for Open Space; having two tax initiatives on the same ballot weakens both; a two - thirds vote is required and very difficult to gain, so it is important not to create credible opposition to either of the two measures; and it will be important to find a compromise solution, possibly a blending of one - eighth cent for Open Space and three - eighths for transportation. He further stated Ventura County is the only county in the State of California that has embraced Save Our Agricultural Resources (SOAR) initiatives wholeheartedly; and VCTC will be spending funds on an educational campaign on these issues. In response to Mayor Hunter, Mr. Bennett stated he believes the follow -up poll conducted in March 2004 will contain the compromise proposal. In response to Mayor Hunter, Ms. Traffenstedt stated there were no other speakers for this item. Councilmember Harper stated Supervisor Bennett's suggestion is excellent and should be agendized so the Council could discuss it. In response to Councilmember Mikos, Ms. Gherardi stated if the compromise measure were to pass and only three - quarters of a million dollars goes towards transportation, the three projects in the eastern portion of the County would still start within six months; however, funding for U.S. Highway 101 would be dropped and there would be less money for other projects. AT THIS POINT in the meeting a recess was declared. The time was 8:59 p.m. The meeting reconvened at 9:18 p.m. B. Consider Resolution Establishing Design Guidelines for Photovoltaic and Other Solar Energy Systems on New Construction and Existing Facilities within the City. Staff Recommendation: Adopt Resolution No. 2004 -2169. Mr. Wolfe gave the staff report. In response to questions from Councilmember Harper, Mr. Wolfe stated repair or removal of non - functional 000076 Minutes of the City Council Moorpark, California Page 12 February 18, 2004 solar systems will be a problem in certain areas of the City where the units are older and have deteriorated; the intent of these guidelines is to maintain the visual impact of these systems and as long as they appear to be visually functional there would be no problem; staff does recognize to be effective, the solar panels must be installed to face south and under the California Solar Rights Act the City can effect the placement of these units in a location that does not impede the efficiency of the unit by 20 %; it is not the City's intent to impede the installation of these systems; typically solar contractors approach the City for direction on the placement of these systems and will attempt to hide the units as best they can; and the City is cautious in regard to extending the amount of time a contractor must spend calculating for alternative placement, since increasing the installation cost of a system by more than 20% would also violate the California Solar Rights Act. Councilmember Harper stated he is concerned Item 11. will cause a massive code enforcement issue, as the solar units in the Mountain Meadows tract are older and the membrane covering them has been ripped by winds; and staff should be aware many hundreds of units will have to be replaced almost immediately, at significant cost to the residents. In response to Councilmember Parvin, Mr. Wolfe stated it is not the intent of these guidelines for the applicant to obtain approval from adjacent residents for the placement of solar units; currently staff visits the site and assesses the visibility factor prior to approving an application; the intent of these guidelines is to give the City the authority to exercise what limited rights the City does have under the California Solar Rights Act to place these in the least visibility intrusive location; enforcement for non -use will be difficult; however, signs of non -use will become apparent over time; and if the Council desires Item 11. may be re- worded to read "well - maintained" rather than "non- functional". Mr. Kueny stated Item 11. can be removed, as there are applicable codes for commercial and industrial 111 Minutes of the City Council Moorpark, California Page 13 February 18, 2004 projects in the conditions of approval that would address this concern. In response to Councilmember Mikos, Mr. Kueny stated for residential areas the appearance of the units becomes a property maintenance issue when these properties are sold. In response to Mayor Hunter, Mr. Wolfe stated these Guidelines are being proposed in the form of a Resolution to establish a policy rather than as a rule to be imposed under an ordinance; and the mandatory language contained in the Guidelines is more for staff to use when reviewing and approving the requests as they are taken in over the counter. In response to Mayor Hunter, Mr. Kueny stated the use of the mandatory "shall" is appropriate, which is analogous to what will be used in the formal Landscape Guidelines the Council will be adopting in the near future; the Photovoltaic Guidelines are intended for both the applicant and staff to use to determine if an installation meets the intent of the Guidelines; and if a disagreement evolves an appeal can be filed. In response to Mayor Hunter, Mr. Montes stated to the extent a project is conditioned to comply with the Guidelines, the Municipal Code makes violation of a condition of approval a violation of the Municipal Code; and it appears staff intends to make these standard conditions. Mayor Hunter recommended the word "guidelines" be replaced with "standards" throughout the document. In response to Councilmember Millhouse, Mr. Kueny stated this item is presented in response to Council's direction of June 2003, when photovoltaic systems were first presented; and addresses what latitude staff does have regarding their installation. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers for this item. In response to Councilmember Harper, Mr. Wolfe stated No. 8 can be clarified to indicate in the event solar Minutes of the City Council Moorpark, California Page 14 February 18, 2004 equipment is not situated on the main structure, it would be considered an accessory structure. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to adopt Resolution No. 2004 -2169, as amended, to remove No. 11.; clarify the language of No. 8 as determined by the City Attorney and Community Development Director; and change the wording throughout from "guidelines" to "standards ". The motion carried by voice vote 4 -1, with Councilmember Millhouse dissenting. C. Consider Status Report on Mission Statement, Priorities, Goals and Objectives for Fiscal Year 2003/2004 and Direction for Fiscal Year 2004/2005. Staff Recommendation: Direct staff as deemed appropriate. Mr. Kueny gave the staff report. He corrected the statement on stamped page 13, stating Item 13. concerning utility undergrounding projects is still a Potential Objective. In response to Council questions, Mr. Kueny stated under Goal B. Number 14., there has been no work on the design and construction of electrical systems for decorative lighting on High Street; and on Number 15., the security wall can be constructed at the Metrolink property by the end of this year and work is on -going to obtain funding for surveillance cameras; under Goal D. Number 12., the SDI parcels are pending new Flood Insurance Rate Maps to see their effect on these parcels; under Goal G. Number 23. staff has started preliminary work on the Specific Plan for the Virginia Colony area; under Goal E., in regard to the Skate Park, a landscape architect will be requested to perform a tree study on the property and staff also wants to look at working with the adjacent school, relative to reciprocal parking; the undergrounding of utilities on Tierra Rejada Road is addressed in Number 3. on stamped page 14 for developing funding sources and priorities; in regard to Number 5. of Additional Objectives on stamped page 14, staff is working with the Pardee development to provide sureties, which would guarantee the grading for the rights -of -way for both State Routes 23 and 118 within Specific Plan 2, and to pay approximately $250,000 towards the Environmental Impact Report effort the City will 0000'79 Minutes of the City Council Moorpark, California Page 15 February 18, 2004 manage; and Number 16. of Potential Objectives to improve the west City entry does not include signage. In response to Councilmember Mikos, Mr. Gilbert stated under Goal C. Number 4. the only remaining obstacle to moving forward with the improvements to Los Angeles Avenue (East) from Condor Drive west to Spring Road is the legal description of the temporary construction easements and rights -of -way certifications due from the design engineer. Mr. Kueny stated staff will provide a Box Item report to Council with the time line. In response to Mayor Hunter, Mr. Gilbert stated under Goal F. Number 24., other cities have been surveyed for their experience in implementing in -house processing of parking citations and staff is still searching for an appropriate, cost effective program. He continued by stating, the current system, of using the City of Thousand Oaks as a contractor, is working well, but staff is exploring whether it can be done better and cheaper in- house. In response to Mayor Hunter's recommendation to change the wording of Number 21. under Goal G., to refer to installing "median improvements" rather than "landscaping ", to eliminate the expectation landscaping would be immediate, Mr. Kueny stated staff would consider that, but staff is exploring the ability of installing trees with drip irrigation to get a head start even though the full landscaping will be delayed. Mayor Hunter stated it is healthy to have this discussion on this document, but the best discussion will be in May or June when the 2004/2005 budget is developed. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers for this item. CONSENSUS: It was the consensus of the Council to keep the Top 10 Priorities as listed with Modification to Department Goals and Objectives Item G. Number 21. to reflect "Median Improvement" rather than "Landscaping ". rrrr:� Minutes of the City Council Moorpark, California Page 16 February 18, 2004 10. CONSENT CALENDAR: AT THIS POINT in the meeting, Items 10.C., 10.E. and 10.F. were pulled for individual consideration. Item 10.D. was heard earlier in the meeting. C. Consider Approval of Design and Specifications for the Villa Campesina Park Improvements and Waiver of Purchasing Procedures. Staff Recommendation: Approve the design and specifications for the Villa Campesina Park improvements, waive the City's formal purchasing procedures, and authorize the City Manager to execute the play equipment purchased under the Colton Unified School District's contract with Dave Bang and Associates. Councilmember Millhouse stated he had this item pulled to compliment Mary Lindley and her staff for the improvement at Villa Campesina Park. E. Consider Authorization to Advertise for Receipt of Bids for the Civic Center Driveway Improvement Project (Project 8053). Staff Recommendation: 1) Approve the plans and specification and authorize staff to advertise for receipt of bids. Mayor Hunter stated he was concerned with the source of funds for this item and recommended one -third of the money be obtained from the Redevelopment Agency with only two - thirds coming from the General Fund. Mr. Kueny concurred and stated a Resolution would return to Council reflecting that change. In response to Councilmember Mikos, Mr. Kueny stated now that the estimate is double what was original proposed, it is timely to consider the Mayor's suggestion. In response to Councilmember Harper, Mr. Kueny stated an area of contribution fund would not be applicable, since it is a benefit to the Community Center site rather than a roadway. CONSENSUS: It was the consensus of the Council to direct staff to return with an appropriation to use one -third 000081L Minutes of the City Council Moorpark, California Page 17 February 18, 2004 Redevelopment Agency monies and only two - thirds General Fund monies for this project. F. Consider Modification to Provide a Double Left -Turn Lane on Spring Road at Tierra Rejada Road and Resolution Amending the Fiscal Year 2003/04 Budget for Project 8055. Staff Recommendation: 1) Approve design Option 2 and direct staff to proceed with the final design for the project. Mr. Gilbert gave the staff report and stated the recommendation on page 80 is different from the title of this item as staff is not recommending creating a project at this time, but rather concentrating on the design concept. In response to Councilmember Millhouse, Mr. Gilbert stated cross- hatching in lieu of closing the left -turn pocket is not a good design; however, the roadway could be widened to accommodate this at a cost of several hundred thousand dollars. Councilmember Harper stated he visits this center regularly and this left -turn pocket is not needed, as there are alternative entrances to the center traveling from all directions. Donald J. Howard, representing the property owner Marketplace Properties, 13522 Newport Avenue, Tustin, California, stated a lot of effort went into the design of this center in regard to ingress and egress and asked that further study be given to alternatives as the Rite Aide drive- through was designed for that left -turn pocket. In response to Mayor Hunter, Mr. Howard stated they hoped they could take more time to look at the proposals, as they were not aware of this change until they received the staff report. Councilmember Millhouse recommended Marketplace Properties have their traffic consultants conduct a study of alternatives and return to Council with their recommendations. �rrr: Minutes of the City Council Moorpark, California Page 18 February 18, 2004 A discussion followed among the Councilmembers and Mr. Howard focusing on the location of the drive - through; the option to use the drive -way on Tierra Rejada Road rather than Spring Road; the cars stacking up on Spring Road into the travel lane as they wait for the left -turn signal, is a much larger danger than hazards to children at Kindercare due to a change in driveways; the signal modification to move traffic out of town on Tierra Rejada Road in a more efficient manner in the a.m. and p.m. hours has created this problem due to the volume of traffic waiting to turn left from Spring Road; Option 1 is not cost effective, as it allows for stacking of only three additional cars; Marketplace Properties has only known about this for two weeks; an alternative would be to refer the matter to the Transportation and Streets Committee to meet with Marketplace Properties' traffic engineer for discussion; or allow two weeks for study and have the item return to Council. Mr. Howard stated he appreciates the suggestion and concurred they could return by March 3, 2004, with a recommendation. Councilmember Harper stated this center works very well with the neighborhood and he would appreciate if Marketplace Properties were to return to request a modification to their hours of operation to afford more accessibility. Mr. Howard stated they are complying with the Ordinance, but would be happy to accommodate such a request if there has been a change in the code. CONSENSUS: It was the consensus of the Council for this item to return on March 3, 2004, allowing Marketplace Properties the opportunity to present alternatives developed by their traffic engineers with receipt of a recommendation due no later than Friday, February 27, by 5:00 p.m. MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Regular Meeting of January 21, 2004. 0000813; Minutes of the City Council Moorpark, California Page 19 February 18, 2004 B. Consider Approval of Warrant Register for Fiscal Year 2003 -2004 - February 18, 2004. Manual Warrants Voided Warrant Payroll Liability 115253 - 115257 Warrants $ 0.00 $ 0.00 $ 2,645.28 Regular Warrants 115258 - 115353 & $ 691,242.06 115354 - 115362 $ 113,709.57 Staff Recommendation: Approve the warrant register. G. Consider Authorization to Process Documents Related to Right -of -Way Acquisition for the Spring Road Widening Project. Staff Recommendation: 1) Authorize the City Manager to execute documents related to the acquisition of certain street rights -of -way and related property rights required to construct the subject project and authorize the City Clerk to record Certificate of Acceptance for the deeds for said properties. H. Consider Request for the Formation of Assessment District AD04 -1 ( Colmer Development - Tract 5307) and Resolution Initiating the Proceedings for Same. Staff Recommendation: 1) Accept and approve the Petition and Waiver from Colmer Development requesting the formation of Assessment District AD04 -1; 2) Accept and approve the Petition and Waiver from the Moorpark Redevelopment Agency requesting formation of Assessment District AD04 -01; and 3) Adopt Resolution No. 2004 -2170 initiating process required for the formation of AD04 -1. I. Consider Approval of the 2004 Agreement for Services with the Moorpark Chamber of Commerce. Staff Recommendation: 1) Approve and authorize the City Manager to sign the 2004 Agreement for Services between the City of Moorpark and the Moorpark Chamber of Commerce; and 2) Authorize funds provided by the City based on this agreement be released upon its approval by the City Council. Minutes of the City Council Moorpark, California Page 20 February 18, 2004 J. Consider Resolution Amending the Fiscal Year 2003/04 Budget to Complete the Purchase of the Property Located at 412 Poindexter Avenue. Staff Recommendation: Approve the use of Park Bond Funds and funds from the City Park Improvement Fund - Central Zone, to purchase the property at 412 Poindexter Avenue, as outlined in the agenda report, and adopt Resolution No. 2004 -2171, amending the FY 2003/04 budget to appropriate the necessary funds. ROLL CALL VOTE REQUIRED 11. ORDINANCES: None. 12. CLOSED SESSION: Mr. Kueny requested the City Council go into closed session for Items 12.A. (one case) and Item 12.F. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adjourn to closed session for a discussion of Item 12.A. (one case) and Item 12. F. on the agenda. The motion carried by unanimous voice vote. The time was 10:26 p.m. The Council meeting was recessed at 10:26 p.m. and reconvened into open session at 10:33 p.m. with all Councilmembers present. Mr. Montes announced the facts and circumstances creating significant exposure to litigation consist of written communications and telephone calls from the Grand Jury. 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) F. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code Section 54957) Title: Assistant City Manager, Assistant to City Manager /City Clerk, City Manager, City Attorney, City Engineer, Chief of Police, Administrative Services Director, Community Development Director, Community Services Director, and Public Works Director ilii: Minutes of the City Council Moorpark, California Page 21 February 18, 2004 Present in closed session were Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened into open session at 11:13 p.m. Mr. Kueny stated one case under Item 12.A. was discussed and there was no action to report. He further stated Item 12.F. was not discussed. 13. ADJOURNMENT: Mayor Hunter adjourned the meeting at 11:13 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk 000086 MINUTES OF THE CITY COUNCIL Moorpark, California March 3, 2004 A Regular Meeting of the City Council of the City of Moorpark was held on March 3, 2004, 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 7:10 p.m. 2. PLEDGE OF ALLEGIANCE: Jeremy London from Boy Scout Troop 707 led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Kenneth Gilbert, Public Works Director; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; Cynthia Borchard, Administrative Services Director; Walter Brown, Assistant City Engineer; Captain Richard Diaz, Sheriff's Department; Julie C.T. Hernandez, Senior Management Analyst; Laura Stringer, Senior Management Analyst; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Consider Proclamation Declaring March 2004 as American Red Cross Month. Mayor Hunter presented Jason Smith, Executive Director of the Ventura Chapter of the American Red Cross, and Board Member Edward Smith, with a Proclamation declaring March 2004 as American Red Cross Month. Minutes of the City Council Moorpark, California Paqe 2 March 3, 2004 5. PUBLIC COMMENT: None. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:14 p.m. The City Council meeting reconvened at 7:15 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Millhouse requested an agenda item for the next meeting to discuss options for the unused parcel of land adjacent to newly constructed buildings near Spring Road. 8. PUBLIC HEARING: A. Consider Allocation of Community Development Block Grant (CDBG) Funds of Approximately $196,980 for Fiscal Year 2004/2005. Continued from February 4, 2004, with public hearing closed. Staff Recommendation: Authorize the allocations recommended by the Budget and Finance committee and staff from FY 2004/2005 CDBG funds as described in the agenda report, including allocation of any additional CDBG funds that may be identified once the City's allocation amount for FY 2004/2005 is finalized. ROLL CALL VOTE REQUIRED Ms. Hernandez gave the staff report. Mayor Hunter announced this is a closed public hearing continued from February 4, 2004. As a member of the Budget and Finance Committee, Councilmember Harper stated the only difference in the committee's recommendation from that of staff's is the City's share of the funds for our Active Adult Center staffing has been reduced by one -half, allowing more of the applicants from outside organizations to be funded; and hopefully, when the City's budget situation becomes clarified, now that the State bail- out bond has passed, all of the money will be 1111:: Minutes of the City Council Moorpark, California Page 3 March 3, 2004 allocated for outside programs and the City will be able to fund the City's needs from the General Fund. Councilmember Millhouse suggested having some of the surplus funds be divided between Catholic Charities and the Coalition to End Family Violence. A discussion among the Councilmembers and staff followed focusing on the greater number of individuals served in the community by Catholic Charities than by the Coalition to End Family Violence; the amount of funding based on the numbers served seeming inconsistent, as for example when the Moorpark Symphony Orchestra receives a greater amount of funding than Youth Soccer; the unknown amount of the surplus; a compromise to wait until the amount of the surplus is known; waiting to decide resulting in the need of another public hearing; and staff's preference for Council to make a decision or carry the surplus over to the next year. Councilmember Parvin stated she was comfortable with carrying the surplus over to the next year or with the recommendation of the Budget and Finance Committee. Councilmember Mikos concurred she was comfortable with the recommendation of the Budget and Finance Committee Councilmember Harper stated the recommendation is not to minimize the worth of other organizations, but Catholic Charities does a significant amount of work in the community, especially in feeding people and can use all the support it can get. MOTION: Councilmember Parvin moved and Councilmember Mikos seconded a motion to authorize the allocations recommended by the Budget and Finance committee from FY 2004/2005 CDBG funds as described in the agenda report, including allocation of any additional CDBG funds that may be identified once the City's allocation amount for FY 2004/2005 is finalized. Councilmember Mikos stated Catholic Charities does help to provide counseling and referrals to other agencies such as the Coalition to End Family Violence; this is the first time the Coalition to End Family 11r�:. Minutes of the City Council Moorpark, California Page 4 March 3, 2004 Violence has requested funds; and she is pleased to see a new agency receive funding. Councilmember Millhouse stated he is very familiar with the works of Catholic Charities, but the Coalition to End Family Violence is only receiving $3,000.00 towards their request for $15,000.00. The motion carried by roll call vote 4 -1, with Councilmember Millhouse dissenting. B. Consider Reallocation of Unspent CDBG Funds from Prior Fiscal Years 2000/2001, 2001/2002, and 2002/2003. Staff Recommendation: 1) Open a public hearing, accept testimony, and close the public hearing; and 2) Authorize the reallocation of $172,495.82 unspent CDBG funds from prior years to the Human Services Complex project. ROLL CALL VOTE REQUIRED Ms. Hernandez gave the staff report. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mayor Hunter closed the public hearing. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to authorize the reallocation of $172,495.82 unspent CDBG funds from prior years to the Human Services Complex project. The motion carried by unanimous roll call vote. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Modification to Provide a Double Left -Turn Lane on Spring Road at Tierra Rejada Road. Staff Recommendation: 1) Approve design Option 2 and direct staff to proceed with the final design for the project. Continued from February 18, 2004, taken off Consent Calendar) Mr. Gilbert gave the staff report and discussed a letter received from Marketplace Properties, in which Marketplace Properties withdraws their opposition to the elimination of the left -turn access at the Rite 000090 Minutes of the City Council Moorpark, California Paae 5 March 3, 2004 Aide driveway on Spring Road and expresses the hope that during the design of the additional left -turn lane the City will entertain any available options to retain the left -turn ingress into the center from Spring Road if at all possible. Mr. Gilbert corrected the schedule on stamped page 26 to reflect an additional two months. Mayor Hunter stated he was pleased the Council had given the property owners the opportunity to respond by continuing this item for two weeks; and complimented Marketplace Properties on their very nice letter. Susan Hearon, a Moorpark resident, expressed her concerns about safety issues associated with exiting Christian Barrett Drive onto Spring Road due to the volume and speed of vehicles using Spring Road to access Santa Rosa Road via Tierra Rejada Road. She suggested consideration be given to educating the public in the use of Miller Parkway as an alternative, and for installing a traffic signal at Christian Barrett Drive at Spring Road. She stated she is not opposed to the second left -turn lane, and clarified it is not the backup of vehicles making egress difficult from Christian Barrett Drive; it is the constant volume of southbound speeding traffic on Spring Road. Councilmember Millhouse stated a previous Council had approved the configuration of Miller Parkway as a single -lane in both directions in deference to the residents in and around the Miller Parkway area as a deterrent to its use as a major thoroughfare for traffic coming from Santa Rosa Road using the County's new roadway. He stated the double left -turn lane on Spring Road is expected to alleviate traffic from backing up to Christian Barrett Drive; and he suggested the Transportation and Streets Committee, of which he is a member, could look at the Christian Barrett Drive situation. Mayor Hunter stated the real problem is the County's realignment of Moorpark Road, which was not what the City wanted to take place. He also stated the City of Moorpark had very little opportunity to influence the County's decision to either improve existing Moorpark Road, now know as Sunset Valley Road, realign with 000091 Minutes of the City Council Moorpark, California Pacte 6 Miller Parkway, or realign with Spring County chose to consume a great deal of realign the roadway from Miller Parkway Rosa Road. The City's preference was existing roadway, but that failed. March 3, 2004 Road; and the open space to down to Santa to improve the Councilmember Mikos stated she concurred with Councilmember Millhouse's suggestion for the Transportation and Streets Committee to study the issue of Christian Barrett Drive as it intersects with Spring Road. Councilmember Parvin stated she would like to see a reduction in the speed of vehicles using Spring Road and suggested the Moorpark Police Department perform more patrols in this area. Councilmember Harper stated the basic problem is the County of Ventura has decided Santa Rosa Road will become a major east /west arterial roadway to take the pressure off of U.S. Highway 101, and more vehicles are using Spring Road as a route to access Santa Rosa Road. He stated he has no objection to the study of Christian Barrett Road as it intersects Spring Road, but does not know of any mechanism to deter traffic from using Spring Road. Councilmember Millhouse concurred with Councilmember Parvin's concerns regarding the need for speed enforcement on Spring Road. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to approve design Option 2 and direct staff to proceed with the final design for the project; and referred discussion of options to improve egress from Christian Barrett Drive onto Spring Road to the Transportation and Streets Committee. Councilmember Parvin requested an amendment to the motion to include a request for increased police patrols along Spring Road to enforce the speed limit. MOTION TO AMEND: Councilmember Millhouse moved to amend the motion and Councilmember Harper seconded the amendment to include a request for increased police patrols along Spring Road to enforce the speed limit. The motion to amend carried by unanimous voice vote. 000092 Minutes of the City Council Moorpark, California Page 7 March 3, 2004 The main motion, as amended, carried by unanimous voice vote. B. Consider Scheduling of Joint City Council /Planning Commission and Joint City Council /Parks and Recreation Commission Meetings. Staff Recommendation: Direct staff as deemed appropriate regarding the date(s) for the joint meetings and agenda topics to be included. Ms. Traffenstedt gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. CONSENSUS: It was the consensus of the Council to schedule a joint City Council/ Planning Commission meeting on March 24, 2004, and a joint City Council /Parks and Recreation Commission meeting on March 31, 2004. C. Consider New Agreement between City and Burke, Williams & Sorensen for City Attorney Services. Staff Recommendation: Approve and authorize the Mayor to sign a new Agreement with Burke, Williams & Sorensen to be effective March 1, 2004, subject to final language approval by the City Manager. Mr. Kueny gave the staff report. In response to Councilmember Mikos, Mr. Kueny stated there is no Joint Powers Agreement in which the City is a primary party for which the City Attorney provides representation. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Harper moved Parvin seconded a motion to approve and to sign a new Agreement with Burke, Wi. be effective March 1, 2004, subject approval by the City Manager. The unanimous voice vote. and Councilmember authorize the Mayor liams & Sorensen to to final language motion carried by D. Consider Transportation System Management (TSM) Fund Program. Staff Recommendation: Approve the Transportation System Management (TSM) Fund Program. 000093 Minutes of the City Council Moorpark, California Paqe 8 March 3, 2004 Mr. Hogan gave the staff report. In response to Councilmember Mikos, Mr. Hogan stated on stamped pages 52 and 53, under Transit, Items 2,3,4,6 and 7 are currently funded with Transportation Development Act (TDA) monies. In response to Councilmember Mikos, Mr. Kueny stated the items listed on stamped pages 52 and 53 are the programs identified by staff at this time; and these items still need to be programmed into the budget, at which time, the Council will decide on the actual expenditure of funds. In response to Councilmember Millhouse, Ms. Stringer stated on stamped page 50, signal synchronization, intersection improvements and channelization, have not been included in the list of potential mitigation programs that may appropriate the use of TSM funds, as generally, other agencies have determined these projects are related to improving traffic congestion and not air quality; however, these are just guidelines. Councilmember Millhouse stated he would like this changed so the funds could be used for signal synchronization, as cars idling at traffic signals are emitting more pollutants than they would be traveling efficiently through the City. Councilmember Millhouse stated on stamped pages 52 and 53 he objects to the use of transportation funds to retrofit restaurants to curtail cooking emissions or for the purchase of street furniture. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Councilmember Mikos stated there is a philosophical issue of TDA monies versus TSM monies; she is concerned TDA projects are listed, giving the impression the City will not be spending TDA monies on them, but will use TSM monies instead; TSM monies are supposed to be used to do projects more related to transportation issues; and she does not want to see the City use TSM monies to supplant TDA monies. I I I 1 6 - Minutes of the City Council Moorpark, California Paae 9 March 3, 2004 Councilmember Mikos continued by stating one of the Top Ten Goals for the City is the trail along the Arroyo; and since a Bicycle /Trail Master Plan needs to be completed in order to qualify for other funding, she believes this should be a priority for TSM program expenditure. In response to Councilmember Mikos, Mr. Hogan stated $50,000 should be enough to prepare a Bicycle /Trail Master Plan. In response to Councilmember Mikos, Ms. Stringer stated she is not aware of any existing requests from employers to subsidize any van pools. Councilmember Mikos suggested consideration be given to using the upcoming City Hall project as a demonstration by designing a photovoltaic system into the project. Mayor Hunter stated he did not share Councilmember Mikos' and Millhouse's concerns regarding the use of TDA versus TSM monies; and he is comfortable with the course the City has taken in the past and proposes to take now. He sees TDA monies being appropriated as have been previously; and TSM monies used as a way to encourage, facilitate, or enhance air quality by creating programs such as bicycling and public transit that people are comfortable to use. He stated he does take exception to the use of TSM monies for reducing cooking emissions; and is in favor of the TSM monies used for transit, although perhaps it would be more likely to increase the use of van pools by working with VCTC to make the effort more inter - community. Councilmember Harper concurred with Councilmember Mikos that the trail items should be moved to a high priority for funding, particularly the Bicycle /Trail Master Plan. He stated he is not sure $50,000 will be enough to develop that plan; building the Levee Road trails will be a tremendous enhancement to recreational facilities in the City and would encourage cycling across the width of the City instead of using a car; and it does seem strange to use these monies to reduce emissions from fast food restaurants, but perhaps the logic behind it is that as a community grows and there are more cars emitting pollution, one 000095 Minutes of the City Council Moorpark, California Paae 10 March 3, 2004 way to mitigate it is to reduce pollution from stationery sources. In response to Mayor Hunter, Councilmember Harper stated he does not believe $50,000 is enough to develop the Bicycle /Trail Master Plan because it is not just a bicycle trail. He stated he assumes it incorporates a complete trail system for all different uses including equestrian, pedestrian and bicycle uses for the entire community. Councilmember Parvin concurred that the Bicycle /Trail Master Plan is a very high priority for the community. In response to Councilmember Parvin, Mr. Kueny stated angled parking on High Street has not been promoted by any particular property owner. In response to Councilmember Parvin, Mr. Hogan stated the new In 'N' Out restaurant is using the newest technology to prevent cooking emissions. In response to Councilmember Mikos, Mr. Kueny stated moving the rail yard west of town may qualify from the standpoint of reducing idling emissions, but adding a second rail to the track would be a very expensive Countywide project; and the use of TSM funds will be reviewed each year in either December or January when all of the development related fees are reviewed to make sure they are spent according to the government code requirements. In response to Councilmember Mikos request for an agenda item to discuss with VCTC the vacating of the Metrolink yard in Moorpark, Mr. Kueny recommended staff and Councilmember Millhouse discuss this with VCTC and report back to Council. In response to Councilmember Harper, Mr. Kueny stated an underlying theme of an established objective, would be to improve the west entrance to the City, which would involve investigating what land use permit exists at Muranaka Farms, where trucks have made this area into an unofficial truck -stop. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to accept the Transportation System 1111•. Minutes of the City Council Moorpark, California Paae 11 March 3, 2004 Management (TSM) Fund Program in concept with Council priority for trails to be high on the list. Mr. Kueny asked for clarification that the motion infers approval of the six broad categories with the associated dollar amounts, but is not identifying the programs at this time. Councilmember Mikos stated she is still not certain $50,000 is enough for the Bicycle /Master Trail Plan. Mr. Kueny explained these dollar amounts will come back to the Council for specific approval during the budget process as well as the annual review of the expenditure of development fees. Councilmember Millhouse stated he is reticent to identify programs of a high priority at this time without knowing the whole list of programs. Mr. Kueny stated the Council will have the opportunity to consider the priorities again in May and the Bike /Master Plan will be proposed in the budget for funding. The motion carried by unanimous voice vote. E. Consider Request for City Council Direction on Specific Plan 1995 -02 (Moorpark Highlands) Processing. Staff Recommendation: 1) Concur with staff's determination that Condition No. CDD -45 of Resolution 2000 -1767, requiring the applicant to have a Habitat Conservation Plan approved by the U.S. Fish and Wildlife Service, has been fulfilled since there are no gnatcatchers or habitat existing on site, and with the concept that the homeowners association will maintain ownership of and management responsibilities for the Resource Conservation Area (RCA) as described in the agenda report; and 2) Concur with the City Manager's determination that the City will require the developer to grade the SR -23 and North Hills Parkway within the Specific Plan No. 2 boundaries, in lieu of the acceptance of a cash payment for such improvements; and 3) Direct staff to prepare an Early Grading Agreement to include the provisions detailed in the agenda report; and 4) Direct staff to execute a contract with a consultant to prepare an Environmental 000097 Minutes of the City Council Moorpark, California Page 12 March 3, 2004 Impact Report (EIR) to evaluate the impacts of the future SR -23 Bypass and North Hills Parkway, including the connections of the SR -23 Bypass from the northern boundary of the Specific Plan site to Broadway, and from the SR -23 Bypass /North Hills Parkway intersection on the Specific Plan site to a potential link with the SR -118 freeway at Princeton Avenue; and 5) Direct staff to prepare a separate agreement establishing the timing and surety requirements for the grading of the SR -23 and North Hills Parkway rights -of -way and authorize the City Manager to sign the agreement, subject to final language approval by the City Manager and City Attorney. Mr. Hogan gave the staff report. In response to Councilmember Mikos, Mr. Hogan stated after Council approval, a Notice of Preparation would be published within one or two months; there would be no effect on the project, since if the gnatcatchers were to return to this property, there is no habitat to support them; and the land is being left to recover on its own. Councilmember Mikos stated she is uncomfortable having the Homeowners Association as the potential guardian of an endangered species and the RCA; there are now six gnatcatchers in Happy Camp Canyon Regional Park, which are probably from this particular property; it appears they have found a way to travel to this new location; and it seems possible they would make their way back to colonize this key area. She suggested the City should request that one of the upcoming public hearings to be conducted by the Fish and Wildlife Service be held in Moorpark for the benefit of the Ventura County area, so there can be testimony on the critical habitat designation for the California Gnatcatcher, and in this way gain information on how to retain this wonderful resource. Jim Bizzelle, Vice President of Community Development for Pardee Homes, 1320 Flynn Road, Camarillo stated they concur with staff's five recommendations; they understand they need the final engineering plans approved, must post security bonds, pay $250,000 for the Environmental Impact Report, and have the Agreement in place in order to commence grading. He 111.!•: Minutes of the City Council Moorpark, California Page 13 March 3, 2004 also stated they would like to commence grading by March 15th with model homes open in 2005. Mr. Kueny stated staff is also recommending the following changes to the staff recommendation to include: final Agreement language will be subject to the approval of the City Attorney and City Manager; an addition to Paragraph two indicating prevailing wage language to protect the City and the developer; and for No. 7 there is still some discussion as to the final form of the surety, which may be some combination of a cash deposit, a letter of credit, or a surety bond. Councilmember Millhouse stated he would like to make it known that if Council approves this item, they are approving staff's recommendation, not just the list of items Mr. Bizzelle stated were required prior to beginning the grading. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to: 1) Concur with staff's determination that Condition No. CDD -45 of Resolution 2000- 1767, requiring the applicant to have a Habitat Conservation Plan approved by the U.S. Fish and Wildlife Service, has been fulfilled since there are no gnatcatchers of habitat existing on site, and with the concept that the homeowners association will maintain ownership of and management responsibilities for the Resource Conservation Area (RCA) as described in the agenda report; and 2) Concur with the City Manager's determination that the City will require the developer to grade the SR -23 and North Hills Parkway within the Specific Plan No. 2 boundaries, in lieu of the acceptance of a cash payment for such improvements; and 3) Direct staff to prepare an Early Grading Agreement to include the provisions detailed in the agenda report; and 4) Direct staff to execute a contract with a consultant to prepare an Environmental Impact Report (EIR) to evaluate the impacts of the future SR -23 Bypass and North Hills Parkway, including the connections of the SR -23 Bypass from the northern boundary of the Specific Plan site to Broadway, and from the SR -23 Bypass /North Hills Parkway intersection on the Specific Plan site to a potential link with the SR -118 freeway at Princeton Avenue; and 5) Direct staff to prepare a separate agreement establishing the timing and surety requirements for the grading of the SR -23 and North Hills Parkway rights -of -way and authorize the 000099' Minutes of the City Council Moorpark, California Paae 14 March 3, 2004 City Manager to sign the agreement, subject to final language approval by the City Manager and City Attorney. Councilmember Mikos asked if there was any way the motion could explore other ways to deal with having the RCA owned and maintained by the Homeowners Association. Mr. Kueny stated with the concurrence of Pardee Homes, staff would be happy to leave that determination until they request the first final map. Mr. Bizzelle stated he concurred with waiting until the first final map to decide the ownership and maintenance requirements of the RCA. MOTION TO AMEND: Councilmember Millhouse moved to amend the motion and Councilmember Harper seconded the amendment to eliminate the concept the homeowners association will maintain ownership of and management responsibilities for the Resource Conservation Area (RCA) , as described in the agenda report, and add the maintenance of this area will be determination by the City Council upon approval of the first final map. The motion to amend carried by unanimous voice vote. Councilmember Services be regarding the Moorpark. MOTION TO AMEND Mikos requested the Fish and Wildlife invited to conduct an official hearing habitat of the California gnatcatcher in hearing in Moorpark gnatcatcher. The voice vote. Councilmember Millhouse moved to amend second time and Councilmember Harper amendment to add an invitation be sent Services to conduct an official public regarding the habitat of the California motion to amend carried by unanimous the motion for a seconded the second to Fish and Wildlif e The main motion, as twice amended, carried by unanimous voice vote. 10. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. 000100 Minutes of the City Council Moorpark, California Pacie 15 March 3, 2004 A. Consider Approval of Minutes of Special Meeting of January 21, 2004. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2003 -2004 - March 3, 2004. Manual Warrants $ 0.00 Voided Warrant 113019 - 113039 $ (19.20) Payroll Liability 115460 - 115464 $ 2,635.28 Warrants Regular Warrants 115363 - 115459 & $ 53,042.98 115465 - 115489 $ 630,259.92 Staff Recommendation: Approve the warrant register. C. Consider Right -of -Way Acquisition for New Los Angeles Avenue Bridge Widening Project. Staff Recommendation: Authorize the City Clerk to record the deed for the subject right -of -way and the related Certificate of Acceptance; and authorize said property to be conveyed to the State of California (Caltrans) and for Mayor and staff to execute all documents necessary for such conveyance. D. Consider Resolution Establishing "No Overnight Parking" on City Controlled Property Along the South Side of High Street between 68 High Street and 104 High Street. Staff Recommendation: Adopt Resolution No. 2004 -2172. E. Consider Mid -Year Amendments to 2003/2004 Fiscal Year Budget. Staff Recommendation: Adopt Resolution 2004- 2173, amending the FY 2003/2004 budget. ROLL CALL VOTE REQUIRED F. Consider Resolution Approving 401 (a) Money Purchase Plan and Trust with the ICMA Retirement Corporation for Designated Positions. Staff Recommendation: Adopt Resolution No. 2004 -2174, approving a 401 (a) Money Purchase Plan and Trust with the ICMA Retirement Corporation for participation by the City Manager, 000101_ Minutes of the City Council Moorpark, California Pacre 16 Assistant City Manager and authorize the City Manager to Services Agreement with ICMA -RC. March 3, 2004 Department Heads; and sign the Administrative G. Consider Rejection of Claims: Christian, Sabrina, and Amber Johnson. Staff Recommendation: Reject the claims and direct staff to send a standard rejection letter to the claimants. H. Consider Claim Settlement and Mutual Release Agreement between City and Roy Allan Slurry Seal, Inc., for the 2003 Slurry Seal Project and Claim Filed on February 2, 2004. Staff Recommendation: Authorize the City Manager to sign a settlement and mutual release agreement for the amount of $45,607.48, with final language of the agreement to be approved by the City Attorney and City Manager. I. Consider Stormwater Treatment Devices Access and Maintenance Agreement for Poindexter Properties, LLC. Staff Recommendation: Approve the Stormwater Treatment Device Access and Maintenance Agreement subject to final language approval by the City Manager and the City Attorney, and upon said approval, authorize the Mayor and City Clerk to sign Agreement, and the City Clerk to cause the Agreement to be recorded in the office of the Ventura county Recorder. Minutes of the City Council Moorpark, California Paqe 17 March 3, 2004 11. ORDINANCES: None. 12. CLOSED SESSION: None was held. 13. ADJOURNMENT: MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 8:35 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk 000103