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HomeMy WebLinkAboutMIN 2003 0205 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California February 5, 2003 A Regular Meeting of the City Council of the City of Moorpark was held on February 5, 2003, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 6:45 p.m. Mayor Hunter asked that everyone join the Council in a brief moment of silence in memory of the space shuttle Columbia and the crew of seven heroic astronauts. 2. PLEDGE OF ALLEGIANCE: Captain Richard Diaz, from the Ventura County Sheriff's Department, led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter. Staff Present: Steven Kueny, City Manager (arrived at 7:45 p.m.); Hugh Riley, Assistant City Manager; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; Cynthia Borchard, Administrative Services Director; Walter Brown, City Engineer; Captain Richard Diaz, Sheriff's Department; Dave Bobardt, Planning Manager; Mike Mathews, Senior Management Analyst; Nancy Burns, Senior Management Analyst; John Brand, Senior Management Analyst (arrived at 7:35 p.m.); Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: None. 5. PUBLIC COMMENT: None. Minutes of the City Council Moorpark, California Paae 2 February 5, 2003 AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 6:47 p.m. The City Council meeting reconvened at 6:53 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure Section 2. 8, Items to be withdrawn from the Consent Calendar shall be identified at this time.) Councilmember Mikos requested that Item 10.I. be pulled from the Consent Calendar for individual discussion. Mr. Riley requested that Item 10.H. be pulled from the Consent Calendar for individual discussion. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: None. 8. PUBLIC HEARING: A. Consider Adoption of a Resolution Establishing a "Parking in Excess of One -Hour by Permit Only" Zone on Imbach Place and a Portion of Borges Drive. Staff Recommendation: Adopt Resolution 2003 -2048 establishing a "One -Hour Parking - Permits Exempt" zone on Imbach Place and Borges Drive. Mr. Mathews gave the staff report. Mayor Hunter opened the public hearing. Ms. Traffenstedt summarized a written statement from Robert Frank, a Moorpark resident, supporting staff's recommendation and citing safety concerns, illegal u- turns, and dumping of trash by students parking on Imbach Place and Borges Drive. In response to questions from Council, Mr. Matthews indicated that enforcement should not be a problem on the south side of Borges Drive, west of Alumni Way, since there will be signs posted at that location to indicate the area within the restricted zone; and if the parking problem migrates further west, another Minutes of the City Council Moorpark, California Paae 3 February 5, 2003 petition from those affected, would be required to extend the zone. In response to Mayor Hunter, Mr. Riley confirmed that the source of funds for the city to assist in this effort will come from the gas tax fund. Mayor Hunter closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to adopt Resolution No. 2003 -2048 establishing a "Parking in Excess of One -Hour Parking - Permits Exempt" zone on Imbach Place and Borges Drive. The motion carried by unanimous voice vote. B. Consider Adoption of a Resolution Declaring Private Access Roads and Parking Facilities a Moorpark Marketplace (T- 5321), Located at Southeast Corner of Miller Parkway and New Los An Avenue, to be Subject to the Provisions of California Vehicle Code. Staff Recommendation: Resolution No. 2003 -2049. Mr. Mathews gave the staff report. Mayor Hunter opened the public hearing. the t the the geles the Adopt In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. Mayor Hunter closed the public hearing. MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2003 -2049. The motion carried by unanimous voice vote. C. Consider Proposals for Community Development Block Grant (CDBG) Funds (Approximately $197,623) for Fiscal Year 2003/2004. Staff Recommendation: 1) Open public hearing and receive public testimony for consideration in the appropriation of FY 2003/2004 CDBG funds estimated to total approximately $197,623, and close public hearing; 2) Refer this matter to the Budget and Finance Committee for review prior to the next regularly scheduled Council meeting, directing the Committee to prepare a recommendation for final appropriations for Council's consideration at the Minutes of the City Council Moorpark, California Page 4 February 5, 2003 regular meeting scheduled for March 5, 2003; and 3) Continue this item to the meeting of March 5, 2003. Councilmember Mikos disclosed to the Mayor, fellow Councilmembers, and the public that per Government Code, Section 1091,... she is publicly disclosing that she is a member of the Board of Directors of the Commission on Human Concerns, serving as one of the statutorily required public members and representing the 4th Supervisorial District, as appointed by Supervisor Mikels. The Commission on Human Concerns, one of the applicants for CDBG funding for this item, is a 501(c) (3) non - profit corporation, and is Ventura County's officially designated Community Action Agency serving the poor and less fortunate across Ventura County since 1965 with the following mission: "Helping people through advocacy and services which promote dignity and self - sufficiency." As a Board Member for the Commission, per Government Code Section 1091, she is said to have a "remote interest" and therefore is allowed to, ...and will fully participate in all discussions and deliberations for this item under the "remote interest" exemption relative to potential contracts for non - profits. She stated she may even vote on the item, but her vote cannot be counted toward any decision about a potential contract for the Commission on Human Concerns. She went on to state that she may however vote (and have her vote count) on potential contracts for any of the other applicants. Ms. Burns gave the staff report. Mayor Hunter opened the public hearing. Thomas Wadsworth, Assistant Director for the Senior Nutrition Program for the County of Ventura, described services provided to seniors in Moorpark and requested support from the Council for a $13,000 grant. Jim Mangis, Executive Director for Food Share, described services and programs providing food to the needy in Moorpark through their Brown Bag for Seniors program and requested support from the Council for a grant of $2,000. He went on to request assistance in the amount of $16,825 to enable their Expansion Project to move forward to acquire new equipment. Minutes of the City Council Moorpark, California Page 5 February 5, 2003 Joy Thormodsgard, representing Consumer Credit Counseling described the "Getting Financially Fit" program offered to help individuals find ways to handle debt and requested support from the Council for a grant of $8,010 to offer six workshops to help consumers become homeowners and seniors to stay in their own homes. Lee Riggan, representing the Commission on Human Concerns, described the legal services offered to assist with divorce, child custody, child support, spousal support, guardianship, adoption, and landlord /tenant issues for the needy in Ventura County and requested support from the Council for a grant of $13,013. Jim Stueck, Board member and incoming Chairman for the Long Term Care Ombudsman Program, described services offered to the elderly, including checking on nursing home care and two hospice facilities located in Moorpark. He requested support from the Council for a $2,000 grant. Mayor Hunter concurred with Co comments that: the Budget and need to review all of the grant recommendation to the Council; more dollars to distribute; and all of the agencies for making community. ancilmember Millhouse's Finance Committee will requests and prepare a he wished there were that he is thankful to Moorpark such a great Councilmember Harper expressed his frustration that only 150 of the city's annual share of Community Development Block Grant Funds can be allocated to Public Service funding and he hopes that someday that amount will change. Mayor Hunter closed the public hearing. MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded a motion to: 1) Refer this matter to the Budget and Finance Committee for review prior to the next regularly scheduled Council meeting, directing the Committee to prepare a recommendation for final appropriations for Council's consideration at the regular meeting scheduled for March 5, 2003; and 2) Continue this Minutes of the City Council Moorpark, California Page 6 February 5, 2003 item to the meeting of March 5, 2003. The motion carried by unanimous voice vote. 9. PRESENTATION /ACTION /DISCUSSION: A. 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: Receive comments and direct staff to forward them to the VCTC. Ms. Lindley gave the staff report. A discussion among the Councilmembers and staff focused on: the need to present Moorpark residents' comments to the VCTC prior to its deliberation on unmet transit needs; reformatting Moorpark's report card for easier reading; advertising locations to notify the community to submit comments on unmet transit needs for next year's report card; and direction to send a letter to VCTC transmitting unmet transit needs in Moorpark. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. Councilmember Mikos suggested: adding a section on Moorpark's report card for additional findings that are not part of meeting goals, which show accomplishments such as the recent installation of bus stops in a more attractive style and easier to read signage, or the newly redesigned color bus route map; adding the report card to the city's website earlier in the year so the public can see what was accomplished the previous year; and identifying the VCTC goals that are not applicable to Moorpark. She went on to state that as public officials it is important to get public input on unmet needs as everyone is getting older and will need this type of transportation in the future. Councilmember Millhouse stated that it is important to raise public awareness, since at a recent subcommittee meeting of the VCTC only one resident from Moorpark was present to testify about unmet transit needs. He encouraged the public to visit the website for Ventura Minutes of the City Council Moorpark, California Page 7 February 5, 2003 County VCTC and supplied the time and place of the next VCTC meeting. Councilmember Mikos stated that set by the VCTC, are not all car year, which is inappropriate statutorily required process. unaccomplished goals need to disclosing a reason why they were unaccomplished goals ried over to the next since this is a She emphasized that be carried forward not met. CONSENSUS: It was the consensus of the Council to direct staff to send a letter to the Ventura County Transportation Commission prior to the close of the comment period for unmet transit needs on February 14, 2003, to include Moorpark's report card and to request that unaccomplished VCTC goals be carried forward disclosing a reason why they were not met. B. Consider Ordinance Amending Title 6 Animal Control, Chapter 6, to Require Persons Walking a Dog on Public Property to Carry a Container or Instrument to Remove and Dispose of Dog Feces and to Reflect the Authority of City Staff to Enforce Certain Provisions of the Moorpark Municipal Code and State Statutes. Staff Recommendation: Introduce Ordinance 291 (Option "A ") for first reading and waive full reading of the ordinance. Mr. Brand gave the staff report. In response to Council questions, Mr. Brand responded by stating that: staff would be given direction by the City Manager on operational means of enforcement at the time of the second reading of the ordinance; when a child is involved in a violation, an explanatory letter would be sent to educate the dog's owner regarding the code; and that the cleanup kits /bags come in a variety of sizes and shapes, cost a few cents, are available at pet stores, and can be made available in more locations throughout the city including city hall. Mayor Hunter asked the Council to support Option B and revisit this issue in 12- months to see how effective it is, rather than Option A, which would be difficult to enforce. Minutes of the City Council Moorpark, California Pacae 8 February 5, 2003 In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. Ms. Traffenstedt read the title of Ordinance No. 291. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to waive further reading of Ordinance No. 291. The motion carried by unanimous voice vote. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to introduce Ordinance No. 291 Option B for first reading. The motion carried by unanimous voice vote. C. Consider Approval of Plans and Specifications for the Construction of Arroyo Vista Community Park Phase II. Staff Recommendation: Approve the construction plans and specifications for AVCP Phase II, and authorize staff to proceed with the bid process for this project. Ms. Lindley gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. In response to Mayor Hunter, Ms. Lindley confirmed that the $12,000 required for ball field lights would be offset by revenues. Councilmember Millhouse stated that a meeting was held with youth sports organizations to discuss impact on scheduling and coordinating all of AVCP plans, which will help serve a tremendous number of youth in the community. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to approve the construction plans and specifications for Arroyo Vista Community Park Phase II, and authorize staff to proceed with the bid process for this project. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Paae 9 February 5, 2003 D. 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 dates for the joint meetings and agenda topics to be included. Ms. Traffenstedt gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. A discussion among the Councilmember and staff followed to determine dates for holding the joint meetings. CONSENSUS: It was the consensus of the Council to schedule a joint City Council /Planning Commission meeting to be held at 6:30 p.m. on February 26, 2003, and to schedule a joint City Council /Parks and Recreation Commission meeting to be held on March 12, 2003. E. Consider Budget 2003 -2004 Budget Update. Staff Recommendation: Direct staff as deemed appropriate. Mr. Riley reported that the Budget and Finance Committee members Mayor Patrick Hunter and Councilmember Clint Harper had met earlier in the evening and have provided the Council with an outline of discussion topics they will be deliberating and on which the Council may wish to make comments. He stated that the committee will continue to keep the Council informed of new topics and areas of concern such as the governor's recent announcement of his intent to veto Assembly Bill (AB) 14X related to Vehicle License Fees (VLF). In response to Councilmember Mikos, Mr. Riley stated that it does not appear that there are enough votes to override the governor's veto of AB 14X. Councilmember Mikos provided a brief history of the creation of the VLF and explained that those funds were committed specifically to local governments so that the state could not take them away. She explained why the Council is so concerned that the state may not honor their commitment and decide to Minutes of the City Council Moorpark, California Page 10 February 5, 2003 take these funds from cities and counties which have set them aside for future community improvements and services. She indicated that the City Newsletter will provide quarterly updates to the public on how the VLF is affected by the state's budget cuts. Councilmember Millhouse stated that the cities will continue to fight to keep their share of the money so that it stays local. Councilmember Harper stated that the city of Moorpark is financially healthy and has sufficient reserves for the near term without reductions in public safety or limitations in the number of hours the parks are open. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. CONSENSUS: It was the consensus of the Council to direct staff to continue to keep the Council and the public informed on a regular basis of impacts created by the state budget crisis. F. Consider Status Report on Mission Statement, Priorities, Goals and Objectives for Fiscal Year 2002/2003 and Direction for Fiscal Year 2003/2004. Staff Recommendation: Direct staff as deemed appropriate. Mr. Kueny gave the mid -year report. He suggested that the priority for a secondary vehicular access at Arroyo Vista Community Park be removed from Priority No. 7 due to the expense. In response to Council questions, Mr. Kueny identified completed objectives and those that would be completed before the end of the fiscal year; described recent discussions with the Ventura County Fire District where they expressed their preference for a new fire station site to be east of the public terminus of Campus Park Drive; stated that not enough priority has been given to the design of a well defined city entry sign, and stated that the improvements to Los Angeles Avenue and Old Los Angeles Avenue are not mutually exclusive. Minutes of the City Council Moorpark, California Page 11 February 5, 2003 A discussion among the Councilmembers followed, which resulted in a decision to eliminate from Priority No. 7, the requirement for evaluating the feasibility of a second vehicular access to Arroyo Vista Community Park Phase II, and to instead include it as an Objective to explore a secondary access to the park from other than Tierra Rejada Road. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. CONSENSUS: It was the consensus of the Council to direct staff to retain the top 10 priorities as listed with modification to No. 7 and to eliminate objectives from the list as they are completed, and the Fiscal Year 2003/04 priorities will be finalized during the budget deliberations. 10. CONSENT CALENDAR: Councilmember Mikos stated that she would also like Item 10.G. pulled for individual consideration. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to approve the Consent Calendar with the exception of Items 10.G., 10.H., and 10.I., which were pulled for individual consideration The motion carried by unanimous roll call vote. A. Consider Approval of Minutes for Regular Meeting of December 5, 2001. Consider Approval of Minutes for Special Meeting of January 8, 2003. Consider Approval of Minutes for Regular Meeting of January 15, 2003. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2002 -2003 - February 5. 2003. Manual Warrants 111665 - 111672 & $ 82,079.06 Voided Warrant 111496 & 111799 $ (85.00) Minutes of the City Council Moorpark, California Page 12 February 5, 2003 Payroll Liability 111657 - 111664 $ 15,419.44 Warrants 111770 - 111776 $ 10,675.67 Regular Warrants 111673 - 111769 & $ 53,588.22 111777 - 111870 $ 685,533.16 Staff Recommendation: Approve the warrant register. C. Consider Bids for the Construction of the 2002 Curb Ramp Project. Staff Recommendation: Approve the selection of Sub Zero Excavating, Inc. to construct the subject project. D. Consider Rejection of Claim: Donald and Ardelle Bahl. Staff Recommendation: Reject the claim and direct staff to send a standard rejection letter to the claimants. E. Consider Extension of Public Appointees to Authority from Current and August 2, 2003, Recommendation: Ap appointment term for 2003. Term for both City of Moorpark Ventura County Area Housing Expiration Dates of February 24 to August 31, 2003. Staff prove the extension of the both positions to August 31, F. Consider Granting Additional Vacation Leave to Assistant City Manager. Staff Recommendation: Approve granting of additional vacation leave to the Assistant City Manager. J. Consider Bond Reduction for TOLL CA L.P., Tract 4928 -1 and Tract 4928 -2. Staff Recommendation: Authorize the City Clerk to reduce sureties #29148903 and #929140606 as outlined. K. Consider Replacement of Kawasaki Motorcycles with Bavarian Motor Works (BMW) Motorcycles and Adoption of a Resolution Amending the Fiscal Year 2002/03 Budget to Allocate $22,875.67 from the Equipment Replacement Fund for the Purchase of a BMW Motorcvcle. Staff Recommendation: 1) Approve the purchase of one BMW R1150 RT -P law enforcement motorcycle at a total cost of $22,875.67 to replace Kawasaki motorcycle #9254, with approximately 37,000 miles, and adopt Resolution No. 2003 -2050, amending the FY 2002/03 budget (ROLL CALL VOTE REQUIRED) ; 2) Direct staff to budget for the Minutes of the City Council Moorpark. California Paae 13 February 5, 2003 replacement of Kawasaki motorcycle #9955, with 26,000 miles, in the FY 2003/04 budget; and 3) Direct staff to enter into a contract with BMW for the guaranteed buy -back program, which requires BMW to re- purchase the motorcycle at the end of three years, and to apply the buy -back payment towards the purchase of subsequent BMW motorcycles. The following items were pulled for individual consideration: G. Consider Approval of Design Plans and Construction Specifications for Metrolink Station Landscape Project. Staff Recommendation: Approve the design plans and construction specifications for landscape improvements at the Metrolink Station and authorize staff to issue an RFP for project construction. Councilmember Mikos expressed disappointment that the plant palette was not reviewed earlier to make sure that native species were included. Discussion among the Councilmembers and staff followed regarding whether to continue this item to a future meeting in order to review the plant palette or to go forward with the bid process and change the plant species during construction. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to approve the design plans and construction specifications for landscape improvements at the Metrolink Station, with direction to consider adding native plant species; and authorize staff to issue an RFP for project construction. The motion carried by unanimous voice vote. H. Consider Approval of the 2003 Agreement for Services with the Moorpark Chamber of Commerce. Staff Recommendation: 1) Approve and authorize the City Manager to sign the 2003 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 14 February 5, 2003 Mr. Riley asked that this item be continued to the February 19, 2003, meeting due to the arrival of late correspondence from the Chamber of Commerce. CONSENSUS: It was the consensus of the Council to continue this matter to the February 19, 2003, meeting. I. Consider Setting a Joint City Council /Planning Commission Public Workshop to Discuss the North Park Specific Plan Project and Review Process: General Plan Amendment No. 2001 -05, Specific Plan No. 2001 -01, and Zone Change No. 2001 -02. Staff Recommendation: Set a joint public workshop of the City Council and Planning Commission for February 26, 2003, to begin at 6:30 p.m. to discuss the North Park Specific Plan project and review process. Councilmember Mikos expressed concern regarding the limited number of public hearings shown on the draft schedule. She also requested that all future North Park items be agendized, to allow the public to provide input, under Presentation /Action /Discussion. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to set a joint public workshop of the City Council and Planning Commission for February 26, 2003, to begin at 6:30 p.m. to discuss the North Park Specific Plan project and review process, and that all future North Park items be agendized under Presentation /Action /Discussion to allow for public participation. The motion carried by unanimous voice vote. 11. ORDINANCES: None. 12. CLOSED SESSION: Mr. Kueny requested that the City Council go into closed session for Items 12.C. and 12.E. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to adjourn to closed session for a discussion of Items 12.C. and 12.E. on the agenda. The motion carried by unanimous voice vote. The time was 8:50 p.m. Minutes of the City Council Moorpark, California Paqe 15 February 5, 2003 C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 511 -0- 050 -080, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiation Parties: The City of Moorpark and Monte Louis Abbath Under Negotiation: Price and terms of payment E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 512 -0- 093 -080, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiation Parties: The City of Moorpark and Benjamin and Peter Duarte Under Negotiation: Price and terms of payment. Present in closed session were Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter; Steven Kueny, City Manager; 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 9:08 p.m. Mr. Kueny stated that Items 12.C. and 12.E. were discussed and that there was no action to report. 13. ADJOURNMENT: Mayor Hunter adjourned ATTEST: OPpK Cq� Z Deborah S. Traffens t City Clerk Z o m 9,0 9 OggTFU , J` {�