Loading...
HomeMy WebLinkAboutMIN 2001 0620 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California June 20, 2001 A Regular Meeting of the City Council of the City of Moorpark was held on June 20, 2001, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 7:07 p.m. 2. INVOCATION: Pastor Dave Wilkinson, Moorpark Presbyterian Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: John Brand, Senior Management Analyst, led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Mikos, Millhouse, Wozniak, and Mayor Hunter Absent: Councilmember Harper Staff Present: Steven Kueny, City Manager; Hugh Riley, Assistant City Manager; Ken Gilbert, Director of Public Works; Mary Lindley, Director of Community Services; Dana Shigley, Director of Administrative Services; Walter Brown, City Engineer; Captain Robert LeMay, Sheriff's Department; John Brand, Senior Management Analyst; Nancy Burns, Senior Management Analyst; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and La -Dell VanDeren, Deputy City Clerk S. PROCLAMATIONS AND COMMENDATIONS: A. Recognition of Sergeant Ron Nelson, Moorpark Police Department. Mayor Hunter stated that this item would be continued to July 18, 2001. Minutes of the City Council Moorpark, California Page 2 B. City Manager's Monthly Report. June 20, 2001 Mr. Kueny introduced Walter Brown, City Engineer, who gave the monthly report. Mr. Brown discussed how the Engineering Department is working with developers regarding use of Best Management Practices. He stated that Best Management Practices includes assuring that the water that gets into the waterways is free of pollutants. He also discussed the highlights and status updates of ongoing projects and the tracts that are currently under construction. AT THIS POINT in the meeting, a recess was declared to convene the Redevelopment Agency. The time was 7:13 p.m. The Council reconvened at 7:15 p.m. 6. PUBLIC COMMENT: Gerald Goldstein, a Moorpark resident, complained regarding enforced cleanup of his property. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos provided information regarding a Commission on Human Concerns workshop that she attended on June 12, 2001, where options were given to those who might qualify for financial assistance with the payment of their utilities. She stated that those persons wanting more information should contact Catholic Charities or the Commission on Human Concerns. Councilmember Wozniak requested two future agenda items: 1) that the Library Services Committee be directed to bring a recommendation back to the City Council about adding additional hours to the library's business hours in time to assist school children in September; and 2) the possibility of the City contributing to a college fund in the memory of John Sherwood and the Sherwood family. He stated that he is in the process of gathering more data regarding the college fund. Councilmember Millhouse commented on the prompt response of the City's Public Works Department to a traffic signal problem at Tierra Rejada and Spring Road. He stated that citizens should feel free to call the responsible department at City Hall when there is a need for service. Minutes of the City Council Moorpark, California Page 3 June 20, 2001 Mayor Hunter announced the availability of the Moorpark City Transit summer youth bus passes, and the Summer Beach Bus to Zuma Beach which runs every Tuesday and Thursday during the Summer of 2001, through to August 23rd' He announced the annual Senior Photography Contest and that contest entries are due by Friday July 13th. He also announced that teens are invited to attend the Magic Mountain Teen Trip on Wednesday, June 27, the cost is $44 per person and includes bus transportation and that teens are invited to the Arroyo Vista Recreation Center on Friday, June 29th, for a Coco Loco Luau Night. 9. PUBLIC HEARINGS: A. Consider Resolution Approving the Final Assessment Engineer's Report for the Park and Recreation Maintenance and Improvement Assessment District and the Adoption of a Resolution Confirming the Assessment for Fiscal Year 2001 -2002. Staff Recommendation: 1) Open the public hearing, receive testimony, and close the public hearing; 2) Approve the Engineer's Report; and 3) Adopt Resolution No. 2001 -1858, confirming the assessment for the Parks and Recreation Maintenance and Improvement District for Fiscal Year 2001 -2002. Ms. Lindley gave the staff report. Mayor Hunter opened the public hearing. Eloise Brown, a Moorpark resident, expressed her objection to the assessment district. Mayor Hunter closed the public hearing. MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded a motion to approve the Engineer's Report and adopt Resolution No. 2001 -1858, confirming the assessment for the Parks and Recreation Maintenance and Improvement District for Fiscal Year 2001 -2002. The motion carried by voice vote 4 -0, Councilmember Harper absent. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Appeal of Decision of the Director of Public Works Denying an Application from the County of Ventura for a Street Encroachment Permit to Construct Modifications to Street Improvements Related to a Proposed Project by the County to Realign Moorpark Road. (Continued from June 6, 2001.) Minutes of the City Council Moorpark, California Page 4 June 20, 2001 Mr. Kueny gave the staff report. Ron Coons, County of Ventura Public Works Director, 800 S. Victoria Avenue, Ventura, briefly described the meeting held at Supervisor Mikel's office on April 23. He described improvements they concurred with at the Moorpark Road and Miller Parkway intersections. He identified their written comments dated May 9, 2001. He stated the City's proposed recommendations dated June 19 are ten times the cost of what they had agreed to previously. In response to Mayor Hunter, Mr. Coons stated that one safety improvement resulting from the proposed project would be that eastbound traffic on Tierra Rejada Road would have a right -turn lane to go southbound on Moorpark Road. In response to Mayor Hunter, Mr. Coons stated he was not aware of the accident rate at the Moorpark Road /Tierra Rejada Road intersection. He discussed the transition lane that was proposed. He also stated the City's boundary line is currently the southerly right -of -way line for Tierra Rejada Road. In response to Mayor Hunter, Mr. Coons stated that when designing the intersection to be a four -way at Miller Parkway, two turn lanes or transition lanes were included, one for eastbound traffic on Tierra Rejada to southbound on Moorpark Road and the other on Tierra Rejada from northbound Moorpark to eastbound Tierra Rejada to merge vehicle safely. Mr. Coons stated the realignment is being discussed because of safety problems on existing Moorpark Road in addition to the other problems already enumerated. In response to Mayor Hunter, Mr. Coons stated the County is proposing the project due to floodplain inundation, safety concerns, and the accident history where Moorpark Road curves to the westbound direction. In response to Mayor Hunter, Mr. Coons stated Mr. Butch Britt could respond to questions on the cost of the project and design considerations. In response to Councilmember Millhouse, Mr. Coons stated that safety improvements were a major part of the reason for the proposed project. Minutes of the City Council Moorpark, California Page 5 June 20, 2001 Butch Britt, County Public Works Agency, discussed their understanding of the meeting on April 23. He stated that the City's proposal received on June 19 would increase costs by approximately $250,000 - $300,000. He asked the Council to overturn the City's Director of Public Works denial of their encroachment permit. He discussed that the City's traffic model was used and traffic impacts were shown to be mitigated. He also stated that the County is requesting approval of their encroachment permit. In response to Councilmember Millhouse, Mr. Britt stated that traffic accidents have occurred on Moorpark Road primarily from the Lexington Hills project to Tierra Rejada Road. In response to Councilmember Millhouse, Mr. Britt stated that he would send a copy of the accident report to the City Council. In response to Councilmember Millhouse, Mr. Britt stated that the cost of $20,000 in the original agreement was to cover the improvements to the right -turn pocket on Miller Parkway and would also include re- striping, moving the concrete curb and other changes necessary to put in a dedicated right -turn lane on the southbound, northern leg of Miller Parkway. In response to Mr. Kueny, Mr. Britt replied that the right -turn lane for eastbound Tierra Rejada Road at the proposed new intersection is being added for safety reasons, and the County is removing the City's dedicated right lane at Miller Parkway because the volume of traffic does not warrant it. In response to Mayor Hunter, Mr. Britt replied that the Environmental Impact Report (EIR) and traffic counts show that the change is warranted. Mr. Britt stated that from eastbound Tierra Rejada to southbound Moorpark Road, the current traffic count is 160 a.m. peak and 105 p.m. peak trips, and projected to Year 2015, it is 1,100 a.m. peak and 1,065 p.m. peak trips. He further stated that currently the westbound to southbound is 450 a.m. peak and 415 p.m. peak trips, and westbound through is 585 p.m. peak trips. In response to Mayor Hunter, Mr. Britt replied that the project is funded from federal aid, transportation fund, and local funds, including local funds from the Norwegian Grade trust fund. Minutes of the City Council Moorpark, California Page 6 June 20, 2001 In response to Mayor Hunter, Mr. Britt stated that the residents of the Santa Rosa Valley pay into the Norwegian Grade Area of Contribution (AOC) fund for the stated purpose of improvements to the Norwegian Grade or other road improvements as needed. Mayor Hunter stated that the traffic numbers are roughly ten percent from eastbound Tierra Rejada Road to southbound Moorpark Road and he does not see how bringing more traffic to the City limits, benefits the city of Moorpark. In response to Mayor Hunter, Mr. Britt stated the project is a lower -cost alternative which the County feels is important to the taxpayers and is an environmentally superior project which the taxpayers of the city of Moorpark will also have the benefit of using. Daniel Murphy, Assistant County Counsel for the County of Ventura, discussed the meetings that were held with Supervisor Mikels and stated that due to the revised costs in the new draft agreement, the County cannot accept the revisions. He cited case law and stated that conditioning the County's permit is illegal as it proposes a condition that has no nexus to the impact of the encroachment. Councilmember Wozniak stated that he and Councilmember Harper attended the April 23rd meeting with Supervisor Mikels and that they advised Supervisor Mikels that they did not want the realignment as conditioned by the County. He also stated that he and Councilmember Harper never agreed to the $20,000 amount during that meeting. He stated that in a subsequent conversation with Supervisor Mikels, she again concurred with what he thought had been agreed to at the meeting. Mayor Hunter stated that the City currently has a free right -turn lane and the County project would require the City to lose that lane. In response to Councilmember Millhouse, Mr. Gilbert described that the County could pay the City's actual costs and the City could implement the project to ensure no cost for relocation of utilities. He stated the $20,000 amount does not include the cost of relocating signal poles, storm drains, and other necessary improvements. He stated he prepared a rough estimate that came to about $70,000 and did not include the cost of moving Calleguas Water District improvements, the storm drains or signal poles. Minutes of the City Council Moorpark, California Page 7 June 20, 2001 In response to Councilmember Millhouse, Mr. Coons stated that a protected right -turn lane is not warranted based on the volume of traffic. Mr. Coons discussed the possibility of narrowing lanes by re- striping the area. In response to Councilmember Millhouse, Mr. Coons replied that his understanding of the agreement was should there be a need to do something in the future, the County would give the City $20,000 for either moving curbs and gutters, widening the road, or slurry and re- striping without moving any curb or gutters. He also stated the County would solely bear the cost of closing the median on Tierra Rejada and moving the signal at Moorpark Road. In response to Councilmember Millhouse, Mr. Coons replied that there would be no additional traffic created on Miller Parkway due to the County project. Mayor Hunter stated that the County project causes the loss of the free right -turn lane. Councilmember Mikos reiterated the Mayor's statement about the loss of the right -turn lane. Mr. Coons stated that the City could re- slurry and re- strip the lanes to provide a left -turn lane, a straight through lane and a right- turn lane. Mr. Kueny stated that would cause the loss of the bike lane. MOTION: Councilmember Wozniak moved and Councilmember Millhouse seconded a motion to overturn the decision of the Director of Public Works to deny the appeal and directed the Director of Public Works to issue a Conditional Encroachment Permit, including the condition to retain the westbound Tierra Rejada Road to northbound Miller Parkway right -turn lane and other certain conditions of the proposed Agreement. The motion carried by voice vote 4 -0, Councilmember Harper absent. AT THIS POINT in the meeting, a recess was declared. The time was 8:40 p.m. The Council reconvened at 9:02 p.m. B. Consider Resolution Adopting an Operating and Capital Improvements Budget for the City of Moorpark for the Fiscal Year 2001 -2002. (Continued from May 16, 2001.) Staff Recommendation: Adopt Resolution No. 2001 -1859. Ms. Shigley gave the staff report. MOTION: Councilmember Wozniak moved and Councilmember Millhouse seconded a motion to adopt Resolution No. 2001 -1859. Minutes of the City Council Moorpark, California Page 8 June 20, 2001 The motion carried by roll call vote 4 -0, Councilmember Harper absent. C. Consider Proposed City Goals and Objectives for Fiscal Year 2001 -2002. (Continued from May 16, 2001.) Staff Recommendation: Approve City goals and objectives for fiscal year 2001 -2002. Mr. Kueny gave the staff report. Mayor Hunter asked if there was Council consensus to continue the item to allow Councilmember Harper to be present. Councilmember Wozniak stated he concurred that Councilmember Harper should be present and he also concurred with Councilmember Mikos that the Council should consider goals and objectives earlier in the calendar year. Councilmember Mikos stated she appreciated receiving the priority lists prepared by the Department Heads and would like to see each Councilmember prepare their own list. She referenced the list she had recently provided the Council. She suggested a workshop approach with consideration given to use of a facilitator in the future. Mayor Hunter asked that the memorandum from Councilmember Mikos be provided with the staff report for the July 18 meeting. Councilmember Wozniak asked for the item to be scheduled for the August 1 meeting, since he would not be able to attend the July 18 meeting. MOTION: Councilmember Wozniak moved and Councilmember Millhouse seconded a motion to continue the item to the August 1, 2001 regular meeting. The motion carried by voice vote 4 -0, Councilmember Harper absent. D. Consider Appointment of Alternate to the Ventura County Area Agency on Aging. Staff Recommendation: Appoint one (1) alternate to the Area Agency on Aging for a one -year term from July 1, 2001, through June 30, 2002. Ms. Traffenstedt gave the staff report. MOTION: Mayor Hunter moved and Councilmember Mikos seconded a motion to appoint Anthony Bellasaima as the alternate to the Minutes of the City Council Moorpark, California Page 9 June 20, 2001 Area Agency on Aging for a one -year term from July 1, 2001, through June 30, 2002. The motion carried by voice vote 4 -0, Councilmember Harper absent. E. Consider a City Animal Regulation Program. Staff Recommendation: Authorize initiation of Animal Regulation services by City forces as outlined in the staff report and authorize City Manager to take necessary actions to implement this direction. Mr. Brand gave the staff report. Mayor Hunter stated that over the last several years, there has been an increase in complaints from citizens of Moorpark regarding the County's handling of animal control issues. He stated that Oxnard and Santa Paula have taken their animal regulations activities in- house. In response to Councilmember Mikos, Mr. Brand replied that Vector Control staff's time is currently available, because staff is proactive in checking on Vector Control issues and providing a more vigorous level of service. In response to Councilmember Mikos, Mr. Brand replied that there is flexibility to re- deploy Vector Control staff to either area of responsibility as needed, and it is expected that staff will dedicate approximately 40 percent of their time to animal control. Mayor Hunter stated that staff would be free to re- assess situations and re- deploy their time as needed. Councilmember Millhouse stated he likes the idea of proactive enforcement and the effort to familiarize the public with the laws. He stated one concern about providing the information to the public so they know whom to contact with questions or concerns. He suggested discussions about the best ways to inform the public about the changes and the laws. Mayor Hunter stated the transition is proposed to start the first of October. He stated that staff would educate the community of their role and what the City ordinances and regulations are. He also stated that he is surprised the County has not contacted the City and that underscores his reaction to the City taking over the animal regulation duties and providing a much higher level of service. Minutes of the City Council Moorpark, California Page 10 June 20, 2001 In response to Councilmember Mikos, Mr. Brand replied that the County was notified that the City was considering taking over these duties. Councilmember Mikos stated there is more need for enforcement of the leash laws and appreciates that staff is planning an education program for the public. Mayor Hunter stated that Channel 10, the City's Fall recreation brochure, and the City's website are all means of getting the word out to the citizens. MOTION: Mayor Hunter moved and Councilmember Mikos seconded a motion to authorize initiation of animal regulation services by City forces as outlined in the staff report and authorize the City Manager to take necessary actions to implement this direction. The motion carried by voice vote 4 -0, Councilmember Harper absent. F. Consider Transfer of Land within Gisler Field Site (Tract No. 5161, Residential Planned Development No. 98 -7) from City of Moorpark to Moorpark Redevelopment Agency. Staff Recommendation: 1) Authorize sale to Moorpark Redevelopment Agency for $7,780 with subsequent resale to Cabrillo Economic Development Corporation; and 2) Authorize the execution of a Quitclaim Deed to transfer the City's fee ownership of the north /south street through this site to the Moorpark Redevelopment Agency. Mr. Burns gave the staff report. In response to Councilmember Millhouse, Mr. Brown stated abandonment of the street right -of -way may be handled with the signature of the City Clerk based on prior Council actions in approving the Tentative Map. MOTION: Councilmember Millhouse moved and Councilmember Wozniak seconded a motion to: 1) Authorize sale to Moorpark Redevelopment Agency for $7,780 with subsequent resale to Cabrillo Economic Development Corporation; and 2) Authorize the execution of a Quitclaim Deed to transfer the City's fee ownership of the north /south street through this site to the Moorpark Redevelopment Agency. The motion carried by voice vote 4 -0, Councilmember Harper absent. G. Consider Engineer's Report for Assessment District AD 84 -2 for Fiscal Year 2001 -2002. Staff Recommendation: Adopt Resolution No. 2001 -1860, approving the Engineer's Report and setting July 18, 2001, as the date of a public hearing to consider the levy of assessments for Fiscal Year 2001- 2002. Minutes of the City Council Moorpark, California Page 11 June 20, 2001 Mr. Gilbert gave the staff report and identified corrections required to stamped page 92 of the packet to change Citywide Street Lighting from $204,757 to $217,132 and change Citywide Landscaping from $148,525 to $159,803, which represents over $23,000 increase in revenues from prior years. In response to Mayor Hunter, Mr. Gilbert stated that the energy efficient traffic signal replacement project is complete and that the Assessment District did not fund the recent traffic signal light conversion. MOTION: Councilmember Wozniak moved and Councilmember Mikos seconded a motion to adopt Resolution No. 2001 -1860, approving the Engineer's Report and setting July 18, 2001, as the date of a public hearing to consider the levy of assessments for Fiscal Year 2001 -2002. The motion carried by voice vote 4 -0, Councilmember Harper absent. 11. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Millhouse seconded a motion to approve the Consent Calendar. The motion carried by roll call vote 4 -0, Councilmember Harper absent. A. Consider Approval of Minutes of Second Special Meeting of May 30, 2001. Consider Approval of Minutes of Special Meeting of June 6, 2001. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register -June 20, 2001. Manual Warrants 105905 - 105907 & 106074 - 106080 Voided Warrants 105762 (Pentamation additional remittance copies) Payroll Liability 106065 - 106073 Warrants $ 49,532.10 $ (225, 000.00) $ 16,703.58 Regular Warrants 106081 - 106187 $1,042,208.59 Staff Recommendation: Approve the Warrant Register. Minutes of the City Council Moorpark, California Page 12 June 20, 2001 C. Consider Approval of Ventura Intercity Service Transit Authority -East (VISTA) Cooperative Agreement and Cost Allocations. Staff Recommendation: Approve the VISTA -East Cooperative Agreement for FY 2001 -2002, subject to final language approval by the City Manager, and authorize the Mayor to sign the Agreement. D. Consider League of California Cities Bylaws Amendment and Dues Increase to Implement Grassroots Network. Staff Recommendation: Approve the bylaws amendment and dues increase. E. Consider Resolution Amending the Salary Plan for Competitive Service, Non - Competitive Service, and Hourly Employees and Rescinding Resolution No. 2001 -1844. Staff Recommendation: Adopt Resolution No. 2001 -1861. F. Consider Resolution Authorizing Application for Manufactured Housing Funds and Authorizing City Manager to Execute all Documents Required to Participate in Program. Staff Recommendation: Adopt Resolution No. 2001- 1862. G. Consider Approval of Resolution Adopting a Revised Benefit Program for Management Employees and Rescinding Resolution No. 2001 -1827. Staff Recommendation: Adopt Resolution No. 2001 -1863. H. Consider Resolution Adopting the Appropriations Limitation for Fiscal Year 2001 -2002 for the City of Moorpark. Staff Recommendation: Adopt Resolution No. 2001 -1864, establishing the City's appropriations limitation for Fiscal Year 2001 -2002 at $14,219,997. I. Consider Settlement Agreement with Toll CA, L.P. for Vesting Tentative Tract 4928. Staff Recommendation: Approve the Settlement Agreement subject to final language approval of the City Manager and City Attorney and authorize the Mayor to sign the agreement. 12. ORDINANCES: A. Consider Ordinance No. 271 Adopting Zoning Ordinance Amendment ZOA 2001 -02 to Title 17, Zoning, of the Municipal Code of the City of Moorpark, by Amending Chapter 17.44 "Entitlement Process And Procedure" and Chapter 17.60 "Amendments to this Title ". Staff Recommendation: Declare Ordinance No. 271 read for the second time and adopted as read. Minutes of the City Council Moorpark, California Page 13 June 20, 2001 Ms. Traffenstedt read the ordinance title. MOTION: Councilmember Wozniak moved and Councilmember Mikos seconded a motion to waive full reading of Ordinance No. 271. The motion carried by voice vote 4 -0, Councilmember Harper absent. MOTION: Councilmember Wozniak moved and Councilmember Mikos seconded a motion to adopt Ordinance No. 271. The motion carried by voice vote 4 -0, Councilmember Harper absent. 13. CLOSED SESSION: None was held. 14. ADJOURNMENT: MOTION: Councilmember Wozniak moved and Councilmember Millhouse seconded a motion to adjourn. T m ion carri by voice vote 4 -0, Councilmember Harper absent. The Fime wa,A 9r5 p.m. ATTEST: Deborah S. Traffenstedt City Clerk atrick Punter, Mayor