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HomeMy WebLinkAboutMIN 2004 0421 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California April 21, 2004 A Regular Meeting of the City Council of the City of Moorpark was held on April 21, 2004, 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 7:22 p.m. 2. PLEDGE OF ALLEGIANCE: Captain Richard Diaz, 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; Hugh Riley, Assistant City Manager; Kenneth Gilbert, Public Works Director; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; Cynthia Borchard, Administrative Services Director; Brad Miller, City Engineer; Captain Richard Diaz, Sheriff's Department; Walter Brown, Assistant City Engineer; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Introduce New City Employee, Timothy Phillips, Information Systems Technician. Mayor Hunter introduced Timothy Phillips, Information Systems Technician, who will be working in the Administrative Services Department. B. City Manager's Monthly Report and Presentation from the Parks and Recreation Commission to the City of Moorpark for the 2 0th Anniversary /July 3rd Event. Minutes of the City Council Moorpark, California Page 2 April 21, 2004 Mr. Kueny introduced Mary Lindley, Community Services Director. Ms. Lindley introduced the Parks and Recreation Commissioners Catrambone, DeGuardi, Thompson and Weisberger, along with John Hartnett, Recreation Manager, who presented to the Mayor a certificate of achievement awarded to the City from the California Park and Recreation Society recognizing the City's 20th Anniversary and July 3rd event of 2003. Mayor Hunter introduced the Parks and Recreation Commissioners and thanked them, as well as staff, for contributing to the success of activities and sports events taking place in the City. Ms. Lindley gave a presentation on the highlights of special events offered by the Community Services Department throughout the year, including the April 10th Easter Egg Hunt, the forthcoming Apricot Festival from May 7 through May 9, which will include a midway with rides and games and Battle of the Bands; Memorial and Veterans Days at the park; Country Days; the most popular event, the July 3rd Fireworks Extravaganza, which draws attendees from outside the County and whose theme this year will be "Salute to America's Heroes "; the annual Halloween Trick or Treat Village; Home Town Holiday a combination of the Santa Train and tree lighting ceremony; and the Breakfast /Brunch with Santa scheduled for December 11 and 12. 5. PUBLIC COMMENT: Dale Parvin, Vice President of the Moorpark Education Foundation invited the Council to attend the "Go to Bat for Education" kick -off dinner on May 15 at 6:00 p.m. at the Moorpark Country Club. He requested donations of items for a Silent Auction to be held at the event. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:36 p.m. The City Council meeting reconvened at 7:57 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Mikos requested Item 10.C. be pulled from the Consent Calendar for individual consideration. Minutes of the City Council Moorpark, California Paqe 3 April 21, 2004 Mayor Hunter requested Item 10.H. be pulled from the Consent Calendar for individual consideration; and requested the Council waive rules to hear this item next on the agenda. CONSENSUS: It was the consensus of the Council to hear item 10.H. as the next item on the agenda. 10. H. Consider Amendment of Reimbursement Agreement Relative to LDM 92 -1. Staff Recommendation: Approve amendment to Agreement for Construction of Subdivision Improvements and Reimbursement (Second Amendment) to defer payment to "prior to final building permit (occupancy) approval" with Stephen R. Anderson Trust (Larry Greene) relative to LDM 92 -1 subject to final language approval of the City Manager and City Attorney. Mayor Hunter stated the Council had received a letter from the applicant's representative presenting new information and recommended taking this item off calendar. CONSENSUS: It was the consensus of the Council to remove this item from the calendar. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Parvin announced the American Cancer Society will be holding a "Relay for Life" Saturday, April 24 -25 with a 10:00 a.m. opening ceremony at Moorpark College on Saturday, April 24th. Councilmember Parvin acknowledged the Moorpark Rotary Club's efforts in celebrating "Earth Day" by cleaning up the Arroyo Simi; for recognizing Officer of the Year, Deputy Guy Fadler; and for contributing $1,500 to the City's Park and Recreation Scholarship Fund. Mayor Hunter announced the City Council is requesting interested persons submit Teen Council applications for appointment to the Moorpark Teen Council. Councilmember Mikos requested Teen Council applications be made available at the Community High School and the High School at Moorpark College. Minutes of the City Council Moorpark, California Page 4 April 21, 2004 Mayor Hunter announced Moorpark City Transit Service may be delayed and Route 1 will be detoured during construction on Spring Road from April 21 through April 28. Mayor Hunter announced the annual Apricot Festival will be on Mother's Day weekend, May 7 through May 9 at Arroyo Vista Community Park. 8. PUBLIC HEARING: None. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Appointment of One Cit y Board of Commissioners of the (AHA) of the County of Ventura. Appoint one City representative the Board of Commissioners of ending August 31, 2007. Representative to the Area Housing Authority Staff Recommendation: to fill the vacancy on the AHA for a term Ms. Traffenstedt gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. Mayor Hunter requested this item be continued to the May 5, 2004, meeting. CONSENSUS: It was the consensus of the Council to continue this item to May 5, 2004. B. Consider Resolutions Authorizing Cable Television Franchise Interim Extension. Staff Recommendation: Adopt Resolutions No. 2004 -2178 and No. 2004 -2179, extending Cable Television Franchise Agreements with Adelphia until June 30, 2004. Mr. Riley gave the staff report. Steve Nabor, representing Adelphia, 2323 Teller Road, Thousand Oaks, stated reorganization of Adelphia will hopefully be concluded later this month with a ruling from the courts on the reorganization plan; Adelphia is healthy with $8- billion in funding from various organizations; they are moving to complete all re- builds scheduled for the entire County for 2003 -04, Minutes of the City Council Moorpark, California Paae 5 ril 21, 2004 including upgrades in Moorpark; they are preparing to launch new services such as HDTV; and they are close to completing a fiber -ring within the County to prevent loss of service in case of cuts in a section of the fiber. He went on to state reliability of service in Moorpark is subject to the upgrade, stand- by- power, and will be improved due to the fiber ring installation. In response to Councilmember Harper, Mr. Nabor stated programming will be restructured and made available in November or December; and customers can buy their own converter for programming by the cable company and avoid the rental fees on the box, or they can lease a box for $9.95 a month. In response to Councilmember Parvin, Mr. Nabor stated Adelphia works through a new call center that logs service issues and number of calls from each community; and only calls resulting in a transaction or service request are tracked. Councilmember Parvin stated she would like complaint calls from Moorpark residents tracked. In response to Mayor Hunter, Mr. Nabor stated there is a technique available to forward citizen complaints to the City. Councilmember Parvin stated Moorpark residents who purchased Power -Link with their high -end cable television have expressed frustration and confusion concerning bundling. In response to Councilmember Parvin's suggestions that a reminder be sent to residents regarding the availability of a bundling discount at the end of 90- days, Mr. Nabor stated since July 2003, automatic bundling now occurs nationwide. In response to Councilmember Parvin, Mr. Nabor stated Adelphia's rate cards and disclaimer section do inform the customer they can purchase their own converter; and Adelphia would rather the customer make this purchase, since technology changes so rapidly. In response to Councilmember Harper, Mr. Nabor stated he had not heard the rumors that all cable franchises Minutes of the City Council Moorpark, California Page 6 April 21, 2004 will be disposed of in this area; and Adelphia hopes the Court will allow Adelphia to stay in tact rather than be sold off in pieces. Councilmember Millhouse stated cable television creates a captive audience since the service level, pricing, and content are not optional; he is disappointed in the responsiveness to service calls; and recommends service standards be made a part of the franchise agreement along with tracking of complaints. Mr. Nabor concurred with Councilmember Millhouse's request for including service standards. He stated Adelphia is aware of satellite dish competition; they are working on the call center response time to problems; and acknowledged they had outgrown the current call center. Mayor Hunter stated he will reluctantly support Adelphia's interim franchise extension and provided a list the Council would be looking for in the Franchise Agreement including, service standards, customer service, reliability, and a form of communication between Adelphia and the City regarding resident complaints, including the number and nature. Mr. Nabor stated they will move forward with staff on the Franchise Agreement. In response to Councilmember Harper, Mr. Riley stated the franchise fees are paid up to date. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adopt Resolutions No. 2004 -2178 and No. 2004 -2179, extending Cable Television Franchise Agreements with Adelphia until June 30, 2004. The motion carried by unanimous voice vote. C. Consider Award of Contract for Demolition of Mobile Home Park at 83 West High Street. Staff Recommendation: Award bid for demolition of 83 West High Street to California Land Clearing, Inc. for $24,745.00. ROLL CALL VOTE REQUIRED. Mr. Riley gave the staff report. Minutes of the City Council Moorpark, California Page 7 April 21, 2004 In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to award the bid for demolition of 83 West High Street to California Land Clearing, Inc., for $24,745.00. The motion carried by unanimous roll call vote. D. Consider Ordinance Amending Section 2.12.120 of the Municipal Code Providing Authority to Sign Written Contracts. Staff Recommendation: Introduce Ordinance No. 301 for first reading. Ms. Borchard gave the staff report. In response to Mayor Hunter, Mr. Kueny stated this change does not require that the City Attorney review standard contracts; however, any variation from a standard contract clause would be reviewed by the City Attorney. In response to Councilmember Parvin, Mr. Kueny stated the list of designee's would be department heads. In response to Councilmember Parvin; Ms. Borchard provided an example of how this process would improve customer service by expediting the process for approving contracts. In response to Councilmember Millhouse, Mr. Kueny stated the motivation behind this change is the passage of time and the increase in contract amounts due to inflation; the Council does see a list of contacts that are signed by the City Manager that have not come to Council, which are typically, Recreational Service Contacts. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. Ms. Traffenstedt read the title of Ordinance No. 301. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to waive further reading of Ordinance No. 301; and declare Ordinance No. 301 read for the first time. The motion carried by unanimous voice call vote. Minutes of the City Council Moorpark, California Page 8 April 21, 2004 E. Consider Golf Tournament Partnership to Raise Funds for the City's Recreation Youth Scholarship Program. Staff Recommendation: Approve the golf tournament co- sponsorship offer to the Moorpark Boys and Girls Club as outlined in the agenda report, including a $7,000 contribution from the Club to the City; and direct staff to negotiate arrangements with the Boys and Girls Club. Ms. Lindley gave the staff report. In response to Councilmember Mikos, Ms. Lindley stated the Boys and Girls Club is aware this item is on the agenda, but has not yet been asked to meet with staff. In response to Councilmember Parvin, Ms. Lindley stated the $7,000 amount is still open for discussion and depends upon the Council's decision this evening. In response to Councilmember Parvin, Mr. Kueny stated staff will work with the Boys and Girls Club at their pleasure in regard to sponsor names; and it is not staff's intent to promote the City's participation, although staff is not opposed to including the City's name. Councilmember Parvin stated she is not sure $7,000 is the right contribution; and perhaps a percentage of the profits would be a better idea. In response to Councilmember Millhouse, Ms. Lindley concurred the City's name could be a hindrance in regard to tax exempt contributions and indicated this would be part of the negotiations. In regard to Councilmember Millhouse's concern that contributions to a co- sponsored event might be perceived as a conflict of interest, she reminded the Council the City, especially the Community Services Department is involved in fund raising events, for example the July 3rd event asks for sponsors who seem to feel free to say "no" without any repercussions. Mayor Hunter stated the Budget and Finance committee did not consider going beyond co- sponsorship in name only; and no significant amount of staff time is anticipated to be devoted to the event. Minutes of the City Council Moorpark, California Pacre 9 April 21, 2004 Councilmember Mikos stated she is glad the recommendation is for only one year, allowing for re- evaluation each year on the dollar amount, which may go up each year. In response to Councilmember Mikos, Mayor Hunter stated the committee explored the concept of the co- sponsorship; and the Boys and Girls Club was the first organization to come forward. Councilmember Harper stated the dollar amount of $7,000 was arbitrary; the Boys and Girls Club was selected as it seemed to be a natural fit, given the proceeds will go to benefit youth; and the co- sponsorship is not locked into just one organization, it will be open next year to other service groups to make proposals. A discussion followed among the Councilmembers and staff focusing on the dollar amount of $7,000 being too much in relation to the initial offer made by the Boys and Girls Club of a $5,000 contribution. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion approve the golf tournament co- sponsorship offer to the Moorpark Boys and Girls Club as outlined in the agenda report, as amended to include a $5,000 contribution from the Club to the City; and directed staff to negotiate arrangements with the Boys and Girls Club. The motion carried by unanimous voice vote. 10. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to approve the Consent Calendar with the exception of Item 10.C., which was pulled for individual consideration and Item 10.H., which was heard earlier in the meeting. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Regular Meeting of March 17, 2004. Staff Recommendation: Approve the minutes. Minutes of the City Council Moorpark, California Paqe 10 ril 21, 2004 B. Consider Approval of Warrant Register for Fiscal Year 2003 -2004 - April 21, 2004. Manual Warrants 115800 - 115803 & $ 277,564.00 115809 - 115811 $ 667.35 Voided Warrant 115907 $ (0.00) Payroll Liability 115804 - 115808 $ 2,645.28 Warrants Regular Warrants 115812 - 115904 & $ 39,690.71 115905 - 115920 $1,091,841.74 Staff Recommendation: Approve the warrant register. D. Consider Setting a Public Hearing Date to Consider a Resolution Adjusting Real Time Billing Rates, Updating the Schedule for Land Use Development Processing Fees, and Rescinding Resolution No. 99 -1659. Staff Recommendation: Set a City Council Public Hearing for May 5, 2004, to consider Resolution No. 2004- E. Consider Resolution Authorizing the Submittal of a Grant Renewal Application to the Ventura County Area Agency on Aging for Older Americans Act Title III -B Funds for Senior Center Support and Authorizing City Manager to Sign All Related Agreements. Staff Recommendation: Adopt Resolution No. 2004 -2180. F. Consider Resolution Authorizing the Submittal of a Ventura County Area Agency on Aging Grant Application for Older Americans Act Title III -B for Supportive Services and Senior Centers and Authorizing City Manager to Sign All Related Agreements. Staff Recommendation: Adopt Resolution No. 2004 -2181. G. Consider Resolution Authorizing the Submittal of a Ventura County Area Agency on Aging Grant Application for Older Americans Act Title III -D Funds for Disease Prevention and Health Promotion Services at Senior Centers and Authorizing City Manager to Sign All Related Agreements. Staff Recommendation: Adopt Resolution No. 2004 -2182. Minutes of the City Council Moorpark, California Page 11 April 21, 2004 I. Consider Resolution Accepting the Offer to the City of Moorpark of a Conservation Easement for Open Space Property within Vesting Tentative Tract No. 5187 (West Pointe Homes, Inc. Staff Recommendation: Adopt Resolution No. 2004 -2183, accepting the offer of a Conservation Easement for property identified as Lot 263 of Vesting Tentative Tract Map No. 5187, subject to final language approval of the Open Space Easement Grant Deed by the City Manager and City Attorney. J. Consider Reorganization of Moorpark Rubbish Disposal. Staff Recommendation: 1) Approve the transfer of the Residential and Commercial Franchise Agreements between the City of Moorpark and Charles Anderson and Sea /Sue Inc., a general partnership, doing business as Moorpark Rubbish Disposal, to Moorpark Rubbish Disposal, LLC, pending final documentation approval by the City Manager and City Attorney; and 2) Authorize the Mayor to execute the transfer instrument. K. Consider Resolution Authorizing Submittal of a Beverage Container Recycling and Litter Reduction Act Grant Application for $9,582 to the California Department of Conservation Division of Recycling. Adopt Resolution No. 2004 -2184. L. Consider Resolution to Amend the Fiscal Year 2003/2004 Paratransit Budget. Adopt Resolution No. 2004 -2185, amending the FY 2003/04 Paratransit Budget to provide for Intercity ADA Transit. ROLL CALL VOTE REQUIRED M. Consider Bond Reduction for Archstone Communities (RPD 97 -1) . Staff Recommendation: 1) Authorize the City Clerk to reduce sureties #008Sl03350731BCM, #0085103350732BCM, #0085103350733BCM, #0085103350734BCM, #103488339 and #103515452 to 100; and 2) Authorize the City Clerk to fully exonerate sureties for Archstone Communities one year after this approval of the reduction of surety bond and upon written confirmation from the City Engineer that no warranty work is required. N. Consider Street Name Approval for "East -West Connector Street" Between Moorpark Avenue and Park Lane (Archstone Communities). Staff Recommendation: Approve Park Crest Lane as the street name. Minutes of the City Council Moorpark, California Page 12 April 21, 2004 This following item was pulled for individual consideration. 10. C. Consider 2004 Legislative Program. Staff Recommendation: Adopt 2004 Legislative Program. Councilmember Mikos stated she had this item pulled to broaden the verbiage on stamped page 39, for Platform Statement 6.H. to include "other community services and workforce assistance programs to serve low- income and /or other disadvantaged residents ", to protect those people in Ventura County and Moorpark who would be affected by legislation at the federal level to cut twenty -five percent of funding for the war on poverty. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to adopt the 2004 Legislative Program, as amended for Platform Statement 6.H. to include "other community services and workforce assistance programs to serve low - income and /or other disadvantaged residents ". 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.E. and 12. F. on the agenda. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adjourn to closed session for a discussion of Items 12.E. and 12.F. on the agenda. The motion carried by unanimous voice vote. The time was 8:53 p.m. E. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Section 54957.6 of the Government Code) Agency Designated Representative: Steven Kueny Employee Organization: Service Employees International Union, AFL -CIO, CLC, Local 998 F. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Section 54957.6 of the Government Code) Agency Designated Representative: Steven Kueny Unrepresented employees: Accountant I, Administrative Services Director, Assistant City Manager, Assistant to City Manager /City Clerk, Budget and Finance Minutes of the City Council Moorpark, California Paae 13 April 21, 2004 Manager, City Engineer, Community Development Director, Community Services Director, Information Systems Manager, Planning Manager, Principal Planner, Public Works Director, Public Works Supervisor; Recreation Manager, and Senior Management Analyst AT THIS POINT in the meeting, the Council recessed the meeting to convene the Redevelopment Agency closed session. The Council meeting was reconvened into closed session at 9:31 p.m. Present in closed session were Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter; Steven Kueny, City Manager; Hugh Riley, Assistant City Manager; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened into open session at 9:59 p.m. Mr. Kueny stated that Item 12.E. was discussed and there was no action to report. 13. ADJOURNMENT: Mayor Hunter adjourned the me( ATTEST: Deborah S. Traffenste t City Clerk