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HomeMy WebLinkAboutMIN 2001 0307 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California March 7, 2001 A Regular Meeting of the City Council of the City of Moorpark was held on March 7, 2001, 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 6:42 p.m. 2. INVOCATION: Reverend Michael Sezzi, Holy Cross Catholic Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Hugh. Riley, Assistant City Manager, led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Wozniak, and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Hugh Riley, Assistant City Manager; Joseph Montes, Acting City Attorney; Mary Lindley, Director of Community Services; Wayne Loftus, Director of Community Development; Walter Brown, City Engineer; Captain Robert LeMay, Sheriff's Department; Nancy Burns, Senior Management Analyst; Julie Hernandez, Senior Management Analyst; Mike Mathews, Senior Management Analyst; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and La -Dell VanDeren, Deputy City Clerk 5. PROCLAMATIONS AND COMMENDATIONS: A. Introduction of Michael Whitmore, Clerical Aide, City Clerk's Department. Mayor Hunter introduced Michael Whitmore, Clerical Aide, City Clerk's Department. B. Presentation of Proclamation to Tres Condados Girls Scout Cadette Troop 199 in Recognition of Juvenile Arthritis Minutes of the City Council Moorpark, California Page 2 March 7, 2001 Awareness Week (March 5 through March 11) and Bone Builders (March 10). Mayor Hunter presented the proclamation to Krista Pollay, Leah Streider, Courtney Mostowa, and Alyssa Milne from Girls Scout Cadette Troop 199. C. Presentation of Proclamation to Arthritis Foundation in Recognition of Juvenile Arthritis Awareness Week (March 5 through March 11). Mayor Hunter presented the proclamation to Terri Soto, Senior Program Director for the Ventura County Chapter of the Arthritis Foundation. - 6. PUBLIC COMMENT: Bernardo Perez, 4237 Canario Court, discussed the Moorpark Food Pantry and Catholic Charities and its need for relocation. He presented 1,200 written statement cards urging the City to act as soon as possible to provide appropriate funds for relocating the Moorpark Food Pantry. Steven Day, 12539 Sunnyglen Drive, Community Christian Church, spoke in support of the City assisting in the relocation of Catholic Charities. Kathy Lane, 12591 Crystal Ranch Road, requested the Council's support for Catholic Charities and the Food Pantry. Steven Tangherlini, 13876 Donnybrook Lane, spoke in support of the relocation of Catholic Charities. Rebekah Evans, 225 W. Los Angeles Avenue, Moorpark Chamber of Commerce, discussed upcoming events of the Chamber of Commerce. She explained the Direct Referral Program and Business Watch Program. Gerald Goldstein, 11932 Los Angeles Avenue, addressed the Council in support of Catholic Charities. He expressed concern regarding violence on campuses in various areas of the country. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure Section 2.9, Items to be withdrawn from the Consent Calendar shall be identified at this time.) Minutes of the City Council Moorpark, California Page 3 March 7, 2001 Councilmember Mikos requested Item 11.A., minutes of the Special Joint Meeting of the City Council and MUSD of June 22, 2000, and Item 11.E. be pulled from Consent Calendar for individual consideration. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Wozniak requested the meeting be adjourned in honor of Howard Sessler. CONSENSUS: By consensus, the Council determined to adjourn in honor of Howard Sessler. Mayor Hunter announced upcoming teen programs including a skate contest on March 14th skateboarding instruction classes on March 14th and March 21St Moorpark After Dark, a teen dance, on March 16th and an outing to Disney's California Adventure Theme Park on March 26th. He stated registrations for spring classes were currently being accepted. 9. PUBLIC HEARINGS: A. Consider Proposals for Community Development Block Grant (CDBG) Funds ($202,206) for FY 2001/2002. (Continued from February 7 2001, with Public Hearing Closed.) Staff Recommendation: 1) Discuss funding allocations for FY 2001/2002; and 2) Authorize the following allocations from FY 2001/2002 CDBG funds: (A.) $146,876 for Street Lights in Downtown Residential Area; (B.) $5,000 for the RAIN Project Building Rehabilitation; (C.) $30,330 for Public Service projects with the following allocations: (i.) Catholic Charities - $7,330; (ii.) Senior Center Operations - $12,000; (iii.) Senior Nutrition - $10,000; (iv.) Senior Survivalmobile - $1,000; and (D.) $20,000 for Administration costs with the following allocations: (i.) City Staff - $18,000; (ii.) Fair Housing - $2,000. (ROLL CALL VOTE REQUIRED) Ms. Burns gave the staff report. In response to Councilmember Harper, Ms. Burns explained that Catholic Charities would be subject to a limit of 15 percent of the total allocation that can be used for social services purposes. She stated public improvements for low - income projects were not subject to the limit, Minutes of the City Council Moorpark, California Page 4 March 7, 2001 but that occupancy must be maintained for a minimum of 5 years. Mayor Hunter discussed the difficulty in making the allocations due to limited funding. Councilmember Millhouse stated he wanted the Boys and Girls Club window repair project put back in for funding and the street lighting allocation reduced. He discussed the community needs being filled by the Boys and Girls Club. Councilmember Harper stated the City could cover the administrative costs of the Block Grant through the General Fund. Mr. Kueny stated he did not suggest making budgetary decisions in advance of the budget deliberations. He suggested leaving the street light allocation in place and funding the Boys and Girls Club reallocation under Item 9.B. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to: 1) Discuss funding allocations for FY 2001/2002; and 2) Authorize the following allocations from FY 2001/2002 CDBG funds: (A.) $146,876 for Street Lights in Downtown Residential Area; (B.) $5,000 for the RAIN Project Building Rehabilitation; (C.) $30,330 for Public Service projects with the following allocations: (i.) Catholic Charities - $7,330; (ii.) Senior Center Operations - $12,000; (iii.) Senior Nutrition - $10,000; (iv.) Senior Survivalmobile - $1,000; and (D.) $20,000 for Administration costs with the following allocations: (i.) City Staff - $18,000; (ii.) Fair Housing - $2,000. The motion carried by unanimous roll call vote. B. Consider Reallocation of Community Development Block Grant (CDBG) Funds from Prior Years. Staff Recommendation: 1) Open a public hearing on reallocation of funds from prior years, accept public testimony, and close the public hearing; and 2) Authorize the following re- allocations of unspent funds from previous years: (A.) $12,000 from the Senior Center Expansion Project (FY 1998/1999 and FY 1999/2000) to Affordable Housing; (B.) $6,236 from the Boys & Girls Club Re- stucco Project (FY 1999/2000) to Affordable Housing; and (C.) $24,794 previously unprogrammed funds (FY 2000/2001) to Affordable Housing. (ROLL CALL VOTE REQUIRED) Minutes of the City Council Moorpark, California Page 5 March 7, 2001 Ms. Burns gave the staff report. Councilmember Millhouse stated he would like to see $19,000 allocated to the Boys and Girls Club for window repair. Mayor Hunter opened the public hearing. There being no one wishing to speak, Mayor Hunter closed the public hearing. Councilmember Harper suggested allocating $19,000 to the Boys and Girls Club window project and the balance to affordable housing. Mayor Hunter suggested allocating $20,000 to the Boys and Girls Club to include contingency. Ms. Burns stated that a change was required in the amount recommended for reallocation from the Senior Center Expansion Project. She stated the revised re- allocation amount should be $18,506, which included recently received invoices that enabled the project to be closed out. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to authorize the following re- allocations of unspent funds from previous years: (A.) $18,506 from the Senior Center Expansion Project (FY 1998/1999 and FY 1999/2000) to Affordable Housing; (B.) $6,236 from the Boys & Girls Club Re- stucco Project (FY 1999/2000) to Affordable Housing; and (C.) $20,000 from previously unprogrammed funds (FY 2000/2001) to the Boys and Girls Club, and the remaining previously unprogrammed funds in the amount of $4,794 to Affordable Housing. The motion carried by unanimous roll call vote. C. Consider General Plan Amendment 2000 -03 to Amend the General Plan of the City of Moorpark by Adopting an Updated Safety Element; Applicant: City of Moorpark. Staff Recommendation: 1) Direct staff to readvertise the Public Hearing and reschedule it for the March 21, 2001, meeting. Mr. Loftus gave the staff report. Minutes of the City Council Moorpark, California Page 6 March 7, 2001 CONSENSUS: By consensus, the Council directed staff to readvertise the Public Hearing and reschedule it for the March 21, 2001 meeting. D. Consider Resolution No. 2001- Establishing Permit Only Parking on Benwood Drive, Bambi Court and Pecan Avenue. Staff Recommendation: Adopt Resolution No. 2001- Mr. Mathews gave the staff report. In response to Councilmember Mikos, Mr. Mathews stated guest permits could be issued for up to 14 days, four times per year. He explained that portable placards could be also be issued. In response to Councilmember Harper, Mr. Mathews stated approximately 80 homes would be affected. Mayor Hunter opened the public hearing. Ted Green, 15354 E. Benwood Drive, expressed concern that the matter was premature. He stated he received no major concerns when he surveyed his neighbors. He stated they have worked with the College and the City and had previously resolved parking issues in their neighborhood. He requested Benwood Drive be excluded from the proposal. Thomas Flitsch, 6607 Pecan Avenue, thanked the Council for considering the issue. He discussed problems with people parking too close to the intersection and blocking the crosswalk and stop sign. He presented a petition signed by residents concerned with the parking problems. He stated the problem occurred on Bambi Court and Pecan Avenue. In response to Councilmember Mikos, Mr. Mathews stated staff could review striping in the area. He explained that one issue was sight distance and the other was parking of vehicles. Mayor Hunter stated he had reviewed the photographs submitted by Mr. Flitsch. He stated parking was illegal near the intersection. He stated he could sympathize with Mr. Green's comments. He suggested a compromise to paint a red area on the north side of Pecan Avenue between Minutes of the City Council Moorpark, California Page 7 March 7, 2001 Campus Park and Bambi Court and on the north side of Bambi Court between Pecan Avenue and Benwood and to request greater Police enforcement in the area. Councilmember Millhouse concurred but questioned whether there was a need to include red curb on the south side of Bambi Court and west side of Pecan Avenue. Mayor Hunter explained that there were no homes fronting the north side of Bambi Court and residents would not be impacted. He also suggested the Council direct staff to meet with the condominium association to ask why the problem was occurring. Councilmember Mikos stated she could support curb painting as an interim measure. In response to Councilmember Mikos, Mr. Kueny stated the City had the authority to paint the curbs red as a reminder of the law. He recommended signs be installed on the north side of Bambi Court and Pecan Avenue. Councilmember Mikos suggested that if permits were to be required, they automatically be issued to each house rather than requiring residents to apply at City Hall. Councilmember Harper concurred that curb painting striping should be tried as the initial measure. He suggested both sides of Pecan Avenue have the curbs painted red. Councilmember Wozniak stated he could support the compromise position. He suggested installation of red curb near the intersections. Mayor Hunter closed the public hearing. Mr. Kueny suggested the Council direct staff to evaluate parking restriction options and bring back a resolution at the next City Council meeting. MOTION: Councilmember Wozniak moved and Councilmember Millhouse seconded a motion to direct staff to evaluate parking restriction options and to bring back a resolution at the City Council meeting of March 21, 2001. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 8 March 7, 2001 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Letter of Engagement for Meyers, Nave, Riback, Silver & Wilson Law Corporation for Preparation of a Letter to the Fair Political Practices Commission (FPPC) to Obtain a Conflict of Interest Determination. Staff Recommendation: Direct the City Manager to sign the Letter of Engagement, subject to final language approval by the City Manager and City Attorney. Mr. Kueny gave the staff report. Mayor Hunter stated he did not see the need for the expenditure, because he felt the service could be provided in -house by the City Attorney. He stated he would oppose the contract. Councilmember Mikos discussed the prior appraisal practice. She stated the City Attorney did not have appropriate staff with FPPC expertise. Mayor Hunter stated the City Attorney's office had ample skills to draft the letter. In response to Councilmember Millhouse, Mr. Kueny stated the contract services would be capped at $6,000. Councilmember Harper stated he would support the recommendation because the City Attorney's cost would be comparable and the proposed law firm had additional expertise. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to direct the City Manager to sign the Letter of Engagement, subject to final language approval by the City Manager and City Attorney. The motion carried by voice vote 4 -1, Mayor Hunter dissenting. B. Consider Proposed Relocation of Catholic Charities Facility. Staff Recommendation: Appoint a City Council Ad Hoc Committee to develop a recommendation to the City Council on this matter. Ms. Hernandez gave the staff report. Minutes of the City Council Moorpark, California Page 9 March 7, 2001 Councilmember Wozniak suggested the committee provide recommendations on the proposal. He volunteered to serve on the ad hoc committee. Councilmember Mikos also volunteered to serve on the ad hoc committee. In response to Councilmember Harper, Mr. Kueny stated Agency or City funding could be made available to assist in the relocation. Councilmember Millhouse also volunteered to serve on the ad hoc committee. Sam McIntyre, 5985 Grimes Agriculture, addressed the proposed relocation. Canyon Road, Somis Pacific Council in support of the Ronald O'Neil, 4048 Winterwood Court, spoke in support of Catholic Charities. Robert Bagdazian, 303 N. Ventura Avenue, Ventura, California, 93001, Regional Director for Catholic Charities, explained their goals for relocating. He presented a letter to the Council, which the Council accepted upon waiving its rules. Gary Cabriales, 4647 Peppermill Street, spoke in support of Catholic Charities. He discussed the urgency due to the current inadequate facility. Nellie Meza, 264 Sarah Avenue, spoke in support of Catholic Charities. Eloise Brown, 13193 Annette Street, suggested the Simi Valley City Council be invited to provide funding for Catholic Charities. Councilmember Mikos stated she could support formation of an ad hoc committee. She stated the Council had consistently supported Catholic Charities. Councilmember Harper applauded the School District for providing Catholic Charities with the current office location. He suggested the committee review a combination of City and Redevelopment Agency funds. He suggested not Minutes of the City Council Moorpark, California Page 10 March 7, 2001 requiring too much money be spent on -site improvements for a temporary facility. He suggested the committee look at the possibility of waiving fees and provide a $1.00 per year lease for City land. Councilmember Millhouse stated he would like to be a part of working with Catholic Charities. Councilmember Wozniak stated he would also like to serve on the committee. CONSENSUS: By consensus, the Council appointed Councilmembers Keith Millhouse and John Wozniak to the Catholic Charities Relocation Ad Hoc Committee. 11. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to approve the Consent Calendar, with the exception of Items 11.A. and 11.E. The motion carried by unanimous roll call vote. B. Consider Approval of Warrant Register -March 7, 2001. Manual Warrants 104912 - 104914 & 105037 - 105056 Voided Warrants 104805 (Pentamation additional remittance copies) Payroll Liability 105150 - 105158 Warrants $ 31,421.33 $ (1,400.00) $ 15,254.26 Regular Warrants 105057 - 105149 $138,225.76 Staff Recommendation: Approve the Warrant Register. C. Consider Report on the Progress of Mountain View Development by Cabrillo Economic Development Corporation (Tract No. 5161, Residential Planned Development No. 98- 7). Staff Recommendation: Receive and file the report. D. Adopt Resolution No. 2001 -1821, Amending the FY 2000/01 Budget for Facility Repairs and Additional Tree Maintenance. Staff Recommendation: Adopt Resolution No. 2001 -1821, amending the FY 2000/01 Budget by transferring $13,700 from the General Fund Balance to the Community Services facilities budget and $24,800 from AD 84 -2 fund Minutes of the City Council Moorpark, California Page 11 March 7, 2001 balance to the Landscaped Medians and Parkway tree maintenance expenditure budget. (ROLL CALL VOTE REQUIRED) F. Consider Revision to Year 2001 Regular Meeting Schedule for Standing City Council Transportation and Streets Committee. Staff Recommendation: Approve the change in meeting day from the fourth to the first Monday of the month. The following items were pulled from the Consent Calendar for individual consideration: A. Consider Approval of Minutes of Special Joint Meeting of City Council and MUSD on June 22, 2000. Consider Approval of Minutes of Special Meeting of February 21, 2001. Staff Recommendation: Approve minutes as processed. Councilmember Mikos indicated she would abstain from approval of the minutes of June 22, 2000, because she was not present at the meeting. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to approve the minutes. The motion carried by voice vote 4 -0, Councilmember Mikos abstaining, for the minutes of June 22, 2000, and the motion carried by unanimous voice vote for the special meeting minutes of February 21, 2001. E. Consider Change to Qualification Requirements for the Public Art Advisory Committee. Staff Recommendation: Direct staff to advertise for applicants that are residents of or employed within the city of Moorpark or live within the boundaries of the City's Area of Interest. Councilmember Mikos stated she had pulled the item, because the recommendation should also allow for applicants who worked within the City's Area of Interest. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to direct staff to advertise for applicants that are residents of or employed within the city of Moorpark or within the boundaries of the City's Area of Interest. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 12 March 7, 2001 12. ORDINANCES: None. 13. CLOSED SESSION: Mr. Kueny announced that Council would be going into closed session for a discussion of Item No. 13.C. on the agenda. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adjourn to closed session for a discussion of Item No. 13.C. on the agenda. The motion carried by unanimous voice vote. The time was 8:20 p.m. C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark and City Council of the City of Moorpark (Case No. SCO21825) AT THIS POINT in the meeting, Councilmember Mikos left the dais due to a potential conflict of interest. Present in closed session were Councilmembers Harper, Millhouse, Wozniak and Mayor Hunter; Steven Kueny, City Manager; and Joseph Montes, Acting City Attorney. The Council reconvened into open session at 9:23 p.m. Mr. Kueny stated only Item 13.C. was discussed and there was no action to report. 14. ADJOURNMENT: Mayor Hunter adjourned the meeting in honor of Howard Sessler at 9:23 p.m. Z--"\ I ATTEST: Deborah S. Traffenstedt City Clerk