Loading...
HomeMy WebLinkAboutMIN 2003 0917 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California September 17, 2003 A Regular Meeting of the City Council of the City of Moorpark was held on September 17, 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 7:24 p.m. 2. PLEDGE OF ALLEGIANCE: Kenneth Gilbert, Public Works Director, led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Kenneth Gilbert, Public Works Director; 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; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Certificate of Recognition for three Moorpark youths for their efforts in preserving evidence at a crime scene. Mayor Hunter, Captain Diaz, and Sergeant Mike Aranda honored the three youths for their quick thinking and sense of community responsibility in notifying the police when they witnessed a fleeing suspect dispose of a gun in an empty field. Mayor Hunter presented a Certificate of Recognition to each young citizen on behalf of a grateful community. Minutes of the City Council Moorpark, California Page 2 September 17, 2003 B. Certificate of Recognition for Country Days Logo Contest Winners Rachelle Cohen and Molly Ormsbee. Mayor Hunter presented Certificates of Recognition to Country Days Logo Contest winners Rachelle Cohen for developing the theme of "Growing Up Together" and to Molly Ormsbee for drawing the Country Days logo. C. City Manager's Monthly Report. Mr. Kueny introduced Kenneth Gilbert, Public Works Director, who gave the monthly report. Mr. Gilbert spoke about the quality of life maintained for Moorpark residents by work performed by the Public Works Department in regard to communication systems, transportation systems, sewer systems, water systems, and public gas and electrical systems. He outlined some of the responsibilities of the Public Works Department to include street maintenance, contract administration such as street sweeping and traffic signal maintenance; implementation of numerous federally mandated storm water quality programs; parking enforcement; and managing crossing guards and assessment districts. Mr. Gilbert highlighted several capital improvement projects including slurry seal and overlay projects; the design work with Caltrans for widening Los Angeles Avenue; the widening of Spring Road, south of Flory Avenue; the design of a new Corporate Yard; the Flinn Avenue realignment, and the Calleguas waterline project to replace pipes in the middle of Los Angeles Avenue. He ended his presentation with an educational video promoting clean water practices. 5. PUBLIC COMMENT: Gerald Goldstein, a Moorpark resident, spoke about the decline in bus service in Moorpark, Simi Valley, and all of Ventura County. He recommended services be coordinated between the various cities to avoid leaving riders stranded for lengths of time. Michael Navarro, a Moorpark resident, spoke on behalf of several residents living along Amherst Street asking for the Council's support for the three -way stop as requested in Item 10.K. on the agenda. Minutes of the City Council Moorpark, California Page 3 September 17, 2003 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos discussed the approval of two Consent items from the City Council agenda of September 3, 2003. The first item will result in the installation of new bus shelters throughout the City. The second item will begin the preparation of a Rail Trail Study for the segment of trail along the railroad tracks near Moorpark Avenue, east of Spring Road, and will move the process forward towards beginning the long awaited bike trails. Councilmember Mikos announced the grand opening of the newly located Moorpark Community Services Center also known as the Moorpark Food Pantry, on the future site of the Human Services Complex, which is located south of the railroad tracks and can be accessed using Flinn Avenue and Minor Street. Councilmember Mikos announced results from the League of Cities Conference she attended in Sacramento last week. California cities unanimously voted to try to protect current city revenues by trying to get an initiative on the November 2004 ballot to block the State from taking additional revenues. The cities adopted a resolution to oppose closing the Emergency Training Services Center, which provides training to all public agencies. Councilmember Mikos requested a future agenda item at the next Council meeting to describe the process for the public to give comment on the North Park project and inform them of what is supposed to happen and when, which will assist them in making an informed vote on the project. Councilmember Millhouse announced the Moorpark Boys and Girls Club's Annual Golf Tournament fund raiser and dinner for Monday, September 22, 2003. Councilmember Harper requested a future agenda or box item regarding facilitating the public's ability to send email messages during Council meetings. Minutes of the City Council Moorpark, California Page 4 September 17, 2003 Councilmember Harper requested a study of the cost and infrastructure needed to have a company help set up wireless internet access between segments of the community, via a City sponsored network. 8. PUBLIC HEARING: None. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Street Sweeping Parking Restrictions: Handicap Exemption. Staff Recommendation: Approve the exemption of vehicles with a handicap license or placard from the City's Street Sweeping Parking Restriction and direct staff to include this new policy in the next update of the City Council's Policies Resolution. Mr. Gilbert gave the staff report. Mayor Hunter provided information regarding correspondence received from the caretaker of a disabled family member who requested consideration for an exemption to the Street Sweeping Policy for vehicles displaying handicapped placards or handicapped license plates. Councilmember Millhouse stated the Transportation and Streets Committee heard a presentation from this same citizen on the need for this exemption and the committee is in favor of the change in policy. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to approve and implement this exemption immediately and bring back as a City Council Policy for adoption on October 15, 2003, or at the next update. The motion carried by unanimous voice vote. B. Consider a Resolution Rescinding Resolution No. 2001 1920 Pertaining to "Permit Only" Parking Restrictions on Summerglen Court, and Establishing Revised "Permit Only" Parking Restrictions on Said Street. Staff Recommendation: Direct staff as deemed appropriate. Minutes of the City Council Moorpark, California Page 5 September 17, 2003 Mr. Gilbert gave the staff report. A discussion among the Councilmembers focused on whether commercial vehicles such as delivery trucks, pool cleaners, and moving vans should be exempted from the permit parking; discretionary enforcement issues for the police department; and whether this exemption issue should be referred to committee. Mike Malherbe, a Moorpark resident affected by the lack of parking on Summerglen Court, spoke in favor of the revised "permit only" parking and cited the problems incurred under the current one -hour parking restriction. He requested the "permit only parking" be a requirement seven days a week due to overflow parking from events held at the nearby high school. A discussion among Councilmembers and staff focused on adopting the new restriction with exact wording for the exemption for commercial vehicles to be developed later. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to adopt Resolution No. 2003 -2121, implementing revised "permit only parking" seven days a week on Summerglen Court, as amended to include an exemption for commercial vehicles with related language and signage subject to approval by the City Attorney. The motion carried by unanimous voice vote. C. Consider a Resolution of Necessity to Acquire Fee Title by Eminent Domain to Certain Real Property Owned by the Margaret Irene Gisler Cullen Trust Located at 412 Poindexter Avenue. Staff Recommendation: 1) Accept and consider public testimony; and 2) Adopt Resolution No. 2003 -2122, adopting the findings of public necessity to acquire Fee Title by eminent domain property at 412 Poindexter Avenue as described in the agenda report. 4 /5ths ROLL CALL VOTE REQUIRED Ms. Lindley gave the staff report. Richard White, trustee of the Margaret Irene Gisler Cullen Trust, stated there is no problem selling the property; however, they question the lower dollar amount of $535,000 being offered after the second Minutes of the City Council Moorpark, California Page 6 September 17, 2003 appraisal, when the first offer, was $616,000 one year ago. Mr. Kueny stated the first offer was declined by Mr. White and the more current appraisal took into consideration Redevelopment law requiring 15% of new residential units to be affordable to low and moderate income households. A discussion followed among the Council and staff focusing on the disparity in the two appraisal amounts; the impression given that the process is flawed; and the clarification that an independent party, the court, will ultimately decide the amount to be paid. Mr. White reiterated his complaint that he has never seen property value decline, except during a depression. A discussion followed among the Council and staff focusing on the difference in opinion between the appraisers and the subjective art of valuing property; Mr. White's decision not to have the appraisal validated by hiring his own appraiser; and the needed expansion of a park facility for the benefit of an area of the community lacking in recreational amenities as compared to the newly developed portions of the City. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to Adopt Resolution No. 2003 -2122, adopting the findings of public necessity to acquire Fee Title by eminent domain property at 412 Poindexter Avenue. A discussion followed among the focusing on including the offer in Resolution; the need to consult regarding including the dollar a negotiations would be inhibited dollar amount. Council and staff the Recital of the the City Attorney mount; and whether by including the Mr. Kueny suggested this item be tabled and returned to Closed Session to resolve the amount of the offer. Minutes of the City Council Moorpark, California Page 7 September 17, 2003 Mayor Hunter explained the process of Closed Session to Mr. White and assured him the Council would return into Open Session with a decision. Councilmember Harper withdrew his motion and Councilmember Mikos withdrew her second. D. Consider the Appointment of an Ad Hoc Committee of the Council for the Review and Consideration of Development Opportunities for the Southern California Edison Property Located at the Northwest Corner of Los Angeles and Gabbert Road. Staff Recommendation: Appoint two Councilmembers to an Ad Hoc Committee for the purpose of discussing development potential of the Southern California Edison property located at the northwest corner of Los Angeles Avenue and Gabbert Road. Mr. Hogan gave the staff report and amended staff's recommendation to include two Southern California Edison properties within the city of Moorpark. Glen Becerra, representing Southern California Edison, 25625 West Rye Canyon Road, Valencia, referenced a letter he distributed to the Council, requesting consideration of seven Southern California Edison properties within the city of Moorpark for committee discussion. Gerald Goldstein, a Moorpark resident, spoke about recent power outages occurring in the City over the last three weeks and requested information on where the source of power for these areas originates. Councilmember Harper stated the City and Southern California Edison have a history of unresolved concerns regarding the aesthetics of their facilities and code violations; this is an opportunity to work with Mr. Becerra who is attuned to city government; and he would like to move forward by cooperating in a dialogue concerning all of the Edison properties. Minutes of the City Council Moorpark, California Page 8 September 17, 2003 In response to Councilmember Mikos, Mr. Kueny recommended staff be directed to first discuss three outstanding issues of interest to the City including zoning, stalled undergrounding of utility lines, and fees owed for Edison's use of a road in Arroyo Vista Community Park; and then discuss the two Edison properties with the addition of the other properties later. CONSENSUS: It was the consensus of the Council for Councilmembers Millhouse and Parvin to serve on an Ad Hoc Committee for consideration of all outstanding issues and all properties related to Southern California Edison. 10. CONSENT CALENDAR: Councilmember Mikos requested Item 10.E. be pulled from the Consent Calendar for individual consideration. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to approve the Consent Calendar with the exception of Item 10.E., which was pulled for individual consideration. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Regular Meeting of August 20, 2003. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2002 -2003 - September 17, 2003. Regular Warrants 113885 - 113891 $ 52,387.67 Staff Recommendation: Approve the warrant register. C. Consider Approval of Warrant Register for Fiscal Year 2003 -2004 - September 17, 2003. Manual Warrants - $ 0.00 Voided Warrant $ 0.00 Payroll Liability 113892 - 113896 $ 2,570.53 Warrants Minutes of the City Council Moorpark, California Page 9 September 17, 2003 Regular Warrants 113897 - 113983 & $ 22,259.49 113984 - 114012 $ 440,027.45 Staff Recommendation: Approve the warrant register. D. Consider Rejection of Claim: Bordiers Nursery, Inc. Staff Recommendation: Reject the claim and direct staff to send a standard rejection letter to the claimant. F. Consider Authorizing Use of C Advertise Moorpark Rotary Club Event Scheduled for November 8 Recommendation: Approve use of include the name, date, time, Civil War Reenactment event. ity Marquee Signs to Civil War Reenactment and 9, 2003. Staff City marquee signs to and location of the G. Consider Adoption of Resolution Amending the Fiscal Year 2003/04 Budget by Appropriating Older American Act Grant Funds for Active Adult Center Lifeline Devices. Staff Recommendation: Adopt Resolution No. 2003 -2123. ROLL CALL VOTE REQUIRED H. Consider Adding a Project for the Construction of Civic Center Driveway Improvements (Project 8053) and Adopting a Resolution Amending Fiscal Year 2003/2004 Budget for Said Purpose. Staff Recommendation: Approve the Civic Center Driveway Improvement Project and adopt Resolution No. 2003 -2124 amending the FY 2003/04 Budget to provide funding for this project. ROLL CALL VOTE REQUIRED I. Consider Flinn Avenue Driveways. Staff Recommendation: Approve the conceptual design for the Flinn Avenue south side access road, as described in Exhibit 1, Page 1 of the agenda report, and authorize staff to proceed with the design and construction of these modifications. J. Consider Resolution Adopting the Annual Investment Policy for the City of Moorpark for Fiscal Year 2003- 2004. Staff Recommendation: Adopt Resolution No. 2003 -2125. K. Consider Resolution Designating the Intersection of East Amherst Street and North Columbia Avenue to be a Stop Intersection and Directing the Placement of STOP Minutes of the City Council Moorpark, California Page 10 September 17, 2003 Signs at All Entrances Thereto. Staff Recommendation: It is the recommendation of the Transportation and Streets Committee that the City Council adopt Resolution No. 2003 -2126 designating the intersection of E. Amherst Street and N. Columbia Avenue a Three - Way Stop. L. Consider Resolution Approving Program Supplement Agreement No. M005 (Tierra Rejada Road Signal Synchronization Project) to Administering Agency -State Agreement for Federal Aid Projects No. 07 -5436. Staff Recommendation: Adopt Resolution No. 2003 -2127. M. Consider Changing the Internal Procedure for Warrant Signatures. Staff Recommendation: Approve Budget and Finance Committee recommendation to increase the dollar limit from $1,000 to $2,500 for warrants requiring signature of the Mayor or Mayor Pro Tem. N. Consider Resolution Repealing Resolution Nos. 95 -1135 and 97 -1346, Pertaining to Certain Entitlement Permit Review Processes. Staff Recommendation: Adopt Resolution No. 2003 -2128, repealing Resolution Nos. 95 -1135 and 97 -1346, to become effective upon the effective date of Ordinance No. 297. O. Consider Schedule for Second Reading of Ordinance No. 296: zoning Ordinance Amendment No. 2003 -01, Deleting Chapter 5.88 of the Moorpark Municipal Code Regarding Home Occupations, Boutique Sales and Garage Sales and Amending Chapter 17.28.020(B) Regarding Home Occupations and Garage Sales. Staff Recommendation: Direct staff to schedule the consideration of the second reading and adoption of Ordinance No. 296 for the next City Council meeting following the consideration of the second reading and adoption of Ordinance No. 297. The following item was pulled for individual consideration. E. Consider Change to Regular Meeting Schedule Time for Budget and Finance and Affordable Housing /Community Development City Council Standing Committees. Staff Recommendation: Approve change in regular meeting schedule time from 5:30 p.m. to 6:00 p.m. for City Council Budget and Finance and Affordable Housing /Community Development Standing Committees. Minutes of the City Council Moorpark, California Page 11 September 17, 2003 Councilmember Mikos stated she would rather the start time for the committee meetings remain at 5:30 p.m. so they do not delay the start time of the City Council meeting. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to change the start time for the Budget and Finance Committee to from 5:30 p.m. to 6:00 p.m. The motion failed by a vote of 2 -3 with Councilmembers Millhouse, Mikos, and Parvin dissenting. Mr. Kueny stated historically, the two members serving on a committee decide the meeting times and it is very rare that a committee meeting would last an hour. Mayor Hunter stated that the Council would take no action on this item. 11. ORDINANCES: A. Consider Ordinance No. 297, an Ordinance of the City of Moorpark, California, Amending Chapters 17.20 (Uses by Zone), 17.28 (Standards for Specific Uses), 17.44 (Entitlement - Process and Procedures), 17.60 (Amendments to the General Plan, Specific Plans, Zoning Map and Zoning Code) and 17.68 (Public Notice). Staff Recommendation: Declare Ordinance No. 297 read for the second time and adopted as read. Ms. Traffenstedt read the title of Ordinance No. 297. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to waive further reading, declare Ordinance No. 297 read for the second time, and adopted as read. The motion carried by unanimous voice vote. 12. CLOSED SESSION: Mr. Kueny requested that the City Council go into closed session for Item 12.C. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adjourn to closed session for a discussion of Item 12.C. on the agenda. The motion carried by unanimous voice vote. The time was 9:20 p.m. Minutes of the City Council Moorpark, California Page 12 September 17, 2003 C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 511 -0- 090 -340, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiation Parties: The City of Moorpark and the Margaret Irene Gisler Cullen Trust Under Negotiation: Price and terms of payment Present in closed session were Councilmembers Harper, Millhouse, Mikos, Parvin and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, City Attorney (via conference call); Mary Lindley Community Services Director; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The conference call with Mr. Montes was discontinued at 9:45 p.m., and the City Council reconvened into open session at that time. AT THIS POINT in the meeting, the Council returned to consideration of Item 9.C. Mr. Kueny stated that Item 12.C. was discussed in closed session, as it relates to Item 9.C., and that there was no action to report. 9. C. Consider a Resolution of Necessity to Acquire Fee Title by Eminent Domain to Certain Real Property Owned by the Margaret Irene Gisler Cullen Trust Located at 412 Poindexter Avenue. Staff Recommendation: 1) Accept and consider public testimony; and 2) Adopt Resolution No. 2003 -2122, adopting the findings of public necessity to acquire Fee Title by eminent domain property at 412 Poindexter Avenue as described in the agenda report. 4 /5ths ROLL CALL VOTE REQUIRED Mr. Kueny indicated staff's amended recommendation for Item 9.C. would be to adopt the Resolution with the dollar amount removed from the second recital and the removal of the third recital in its entirety. It was the consensus of the Council to adopt Mayor Hunter's request to include, at the appropriate time, the deposit amount of $616,000 to the court for escrow purposes. MOTION: Councilmember Harper moved and Councilmember Millhouse seconded a motion to Adopt Resolution No. 2003- 2122, as amended, adopting the findings of public necessity to acquire Fee Title by eminent domain property at 412 Minutes of the City Council Moorpark, California Page 13 September 17, 2003 Poindexter Avenue. The motion carried by unanimous roll call vote. 13. ADJOURNMENT: MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to adjourn the meeting. The motion carried by unanimous voice vote. ie me was 9:47 p.m. ATTEST: Deborah S. Traffenste t City Clerk