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to be withdrawn from the Consent Calendar shall be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` {�