Loading...
HomeMy WebLinkAboutMIN 2004 0407 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California April 7, 2004 A Regular Meeting of the City Council of the City of Moorpark was held on April 7, 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 7:25 p.m. 2. PLEDGE OF ALLEGIANCE: Barry Hogan, Community Development Director, led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney; 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; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Blanca Garza, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Consider Proclamation Recognizing Ventura County Foster Families. Mayor Hunter introduced County Supervisor Judy Mikels, Judge Charles Campbell of the Ventura County Superior Court, and Ventura County Foster Families' Program Administrator Trish Cavanaugh. Mayor Hunter read and presented the Proclamation and commended the Program and all the participating foster families on behalf of the City of Moorpark. Each guest briefly spoke regarding the Ventura County Foster Families Program and encouraged Moorpark Minutes of the City Council Moorpark, California Page 2 April 7, 2004 citizens to call (805) 648 -9593 for additional information without any obligations or commitments. 5. PUBLIC COMMENT: Debra Ryono, President of the Moorpark Historical Society, addressed the Mayor and City Council at the direction of the Moorpark Historical Society Board of Directors in regard to the Pepper Trees on High Street and historical designations within Moorpark. She stated that the Moorpark Historical Society realizes trees, like people, do not live forever, and if some of the Pepper trees along High Street are so diseased they are a danger, they agree they should be removed; however, they expect the City to be diligent in deciding if those trees are truly a threat. She requested that a second opinion on the condition of the Pepper trees be obtained and for the City to comply with CEQA and any other pertinent guidelines involving their replacement and removal, just as the City would expect compliance from any resident or developer. She also stated the Moorpark Historical Society is adamant that any trees removed be replaced with new and generously sized Pepper trees; the Pepper trees have lined High Street for 100 years and are a significant part of this community's history and make Downtown Moorpark unique; and the trees were designated a historical landmark, something the City agreed with when they allowed the Historical Society to place a sign to that effect next to the High Street gazebo. She requested that the Moorpark Historical Society be allowed to have a representative on any committee formed on this issue and be provided with notification of any public meetings pertaining to the trees. Ms. Ryono also stated that of even greater concern to the Historical Society are the historical designations in Moorpark. She indicated they have heard, although have not been told directly by anyone from the City, that historical designations made before incorporation in 1983 are null and void, and this is of tremendous concern to them. She asked for a meeting or further clarification on this issue. She stated that Moorpark has a history and heritage that the Historical Society has pledged to protect and are eager to work with the City to do just that. Mayor Hunter welcomed Ms. Ryono and expressed appreciation for her presence. He also acknowledged the significant Minutes of the City Council Moorpark, California Page 3 April 7, 2004 amount of information, including some misinformation related to the Pepper trees, but informed her of Council's last deliberation where they voted unanimously to only remove five of the trees for the safety, security and protection of the residents. Mayor Hunter confirmed that the City has hired three arborists to look at the trees, and all have concluded some of the trees have lived out their natural life cycle and that some represent a threat to the community due to their age. He stated that one arborist indicated 100 years was really quite extraordinary as Pepper trees generally don't live to be 100 years. Mayor Hunter stated this life cycle has been extended due to the care and maintenance efforts of the County of Ventura and subsequently the City. He also stated no one wants to remove the trees, but it's hard to let them stay in when arborists have indicated they can fall and may come down on something, or worst case, someone. The Mayor provided assurance that the trees are going to be replaced with as large a tree as possible for each space, and all trees will continue to be diligently maintained. He indicated the Council has received a number of calls regarding a variety of misinformation on the Pepper trees, and he would like to assure the public that this matter has nothing to do with any issue but safety. In response to Mayor Hunter, Ms. Ryono expressed the Historical Society would like the replacement trees to be Pepper trees and requested an arrangement be made to follow -up with the City in regard to historical designations. In response to Councilmember the Historical Society has prepared by the arborists. Harper, Ms. Ryono stated that not reviewed the reports Councilmember Harper requested staff provide the three independent arborist reports to the Historical Society for their review. He informed Ms. Ryono that some of the trees are so decayed they are not able to be safely cabled. He also relayed that there is a lot of misinformation and reminded that previously a limb has fallen from a High Street Pepper tree; therefore, this matter is related to the issue of safety. Minutes of the City Council Moorpark, California Page 4 April 7, 2004 AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:47 p.m. The City Council meeting reconvened at 8:03 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Hunter congratulated Councilmember Mikos for being presented with a 2004 Community Action Star Award from the California /Nevada Community Action Partnership at their annual membership meeting in Sacramento on March 25, 2004. Mayor Hunter congratulated Mr. David Pollock, a Moorpark resident and nine -year Board Member of the Moorpark Unified School District, who took office this year as the President of the California School Boards Association. Mayor Hunter announced the City's upcoming free landfill day and compost day. Ms. Lindley announced the Easter Egg Hunt to be held on Saturday, April 10, 2004, at Arroyo Vista Park. 8. PUBLIC HEARING: A. Consider Resolution Authorizing Modification No. 4 to Commercial Planned Development No. 1992 -01, a Request to Construct and Operate a Temporary Groundwater Contamination Remediation System for the Alliance Gasoline Station, Located at 50 West Los Angeles Avenue, on the Application of Tristar Promotions. Staff Recommendation: Adopt Resolution No. 2004 -2175. Mr. Hogan gave the staff report. In response to Councilmember Harper, Mr. Wolfe, the Case Planner, indicated the Ventura County Environmental Health Department did not have information available related to the number of gallons or the size of the area that was contaminated, but did note the contamination took place and noted the contaminants in the groundwater. The relatively small contamination was caused by leaking valves over some period of time. Mr. Wolfe also stated that the Minutes of the City Council Moorpark, California Paqe 5 April 7, 2004 contaminants were tracked across the site with the use of the monitoring wells and the Environmental Health Department determined remediation was necessary as the contamination was not dissipating on its own. He explained the remediation process and informed Council the contaminants were in the upper -most level of the aquifer to the best of his understanding. He further explained that this remediation is expected to continue for a period of 18 -24 months or until the contaminants have decreased and the remediation is found acceptable by the Environmental Health Department. In response to Council questions, Mr. Wolfe stated the Environmental Health Department is in charge of monitoring the service stations of this type. He also stated that he was not aware of the measures taken in regard to their monitoring or detection. Mayor Hunter requested a mail box item from staff indicating what proactive measures can be taken to ensure other service stations don't have similar problems. Councilmember Mikos indicated the Fox Canyon Groundwater Management Agency had previously had a general presentation regarding this matter, including what cities can do to be proactive, and suggested staff contact that Agency to obtain the report. In response to is minimal di regarding the equipment, Mr. should exceed equipment. Mayor Hunter's request to ensure there sruption to the neighboring residents noise that is generated by the Wolfe stated the ambient noise level the noise to be generated by the In response to Councilmember Parvin, Mr. Hogan stated the temporary landscaping will be stationary adjacent to the fence to provide screening. Councilmember Parvin stated the site could use more landscaping overall. Mr. Hogan suggested a modification to the conditions of approval to require the temporary landscaping to later be relocated to the front of the station to enhance the area and become permanent. Minutes of the City Council Moorpark, California Page 6 April 7, 2004 Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mayor Hunter closed the public hearing. In response to Councilmember Mikos, Mr. Hogan stated he believes the gasoline still contains MTBE's based on the posting, but is not sure if the posting is current. Councilmember Mikos stated that if that is the case we should consider requiring another type of gasoline, as gasoline containing MTBE's is more difficult to clean and based on this contamination we should consider requesting they obtain a new supplier. MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded a motion to adopt Resolution No. 2004 -2175 as amended to modify landscaping. The motion carried by unanimous voice vote. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Resolution Authorizing the Ventura County Investment Pool for Deposit of City Funds. (continued from March 17, 2004) Staff Recommendation: Adopt Resolution No. 2004 -2176. Ms. Borchard gave the staff report. In response to Mayor Hunter, Ms. Borchard stated the County Treasury Oversight Committee consists of the County Treasurer, the Assistant Treasurer Tax Collector and indicated she would need to clarify who the third party is. Councilmember Harper commented that this report was very informative and commended staff for their research and looking into this investment for our City. He also indicated he is very comfortable with this type of investment as it appears very safe. Mayor Hunter and Councilmembers Parvin and Mikos concurred with Councilmember Harper. Minutes of the City Council Moorpark, California Paae 7 ril 7, 2004 In response to Councilmember Mikos, Ms. Borchard stated that the County Investment Pool would be used as another alternative investment option. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mayor Hunter requested an amendment to the Resolution regarding word changes related to authorized City officers. Councilmember Harper suggested striking specific names and just using titles. Mr. Kueny stated staff would make the amendment to delete the names. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to adopt Resolution No. 2004 -2176 as amended to delete staff names and just use titles. The motion carried by unanimous voice vote. B. Consider Corporation Yard Final Conceptual Design. Staff Recommendation: Approve the conceptual design for the project as presented. Mr. Gilbert gave the staff report. In response to Councilmember Harper, Mr. Gilbert stated there would be no chain link fencing around the perimeter of the site, and that the internal chain link fencing would not be visible from the outside. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to approve the conceptual design for the project as presented. The motion carried by unanimous voice vote. C. Consider Cable Television Franchise Renewal Update. Staff Recommendation: Receive and file the report; and refer any matters to the Ad Hoc Committee. Mr. Riley gave the staff report. He also indicated Adelphia's General Manager, Mr. Naber, was not able to attend. Mr. Riley stated he will try to answer Minutes of the City Council Moorpark, California Page 8 April 7, 2004 questions that might arise to the best of his ability and will request Mr. Naber to attend a future meeting. Councilmember Millhouse, as a member of the Ad Hoc Cable Communications Franchises Committee, stated the City has limitations related to the Cable Franchises per federal law stating the City has no ability to control rates or the content of the channels other than the government channel. He also stated that one area where there is some control is the area of customer service, which has been poor at times. He stated he was disappointed that Mr. Naber was not present after being invited to attend. He requested that customer service requirements be included in the franchise agreement. Councilmember Harper, also a member of the Ad Hoc Cable Communications Franchises Committee, stated that this is a case where the federal government has created a monopoly so local government has no control. He feels very frustrated at a Committee level, as they have little to do as far as local control. He commented that Adelphia's high speed internet service connection is excellent. In response to Council questions, Mr. Riley stated: • Reference pertaining to AT &T may be deleted; • A draft Regulatory Agreement is being finalized, which will include a "favored nations clause ", which means that if Adelphia agrees to provide another city something better than what Moorpark has, we have the ability to ask for that service at the same price as is made available to others; • The Regulatory Agreement will contain additional provisions, such as customer service requirements mentioned by Councilmember Millhouse; and • Staff will research an advance notice requirement for rate increases. Councilmember Parvin requested Adelphia provide the City information pertaining to complaints from Moorpark residents, as she has anonymously requested that information by telephoning their call center, but they have not provided it to her. She also stated she would like to know if the City can request the complaint information. She also explained service rates can be combined into a bundled service allowing Minutes of the City Council Moorpark, California Page 9 April 7, 2004 residents to save $20.00 per month, but if not requested, they will pay the full price. She stated she would like to see an improvement in Adelphia's customer service. Councilmember Harper agreed with Councilmember Parvin regarding the need for residents to request their services be bundled. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mr. Riley stated that the City had received complaints regarding Adelphia's marketing techniques. On behalf of the Ad Hoc Committee, Councilmember Millhouse stated that they will attempt to incorporate all the comments and suggestions and they will do everything in their power on behalf of the Committee to provide the best cable services to the citizens of Moorpark. CONSENSUS: It was the consensus of the Council to receive and file the report. Staff was directed to pursue obtaining customer complaint information from Adelphia. D. Consider City Council Position on Combining the Proposed Sales Tax Initiative for Transportation Projects with the Proposed Sales Tax Initiative for Open Space. Staff Recommendation: Direct staff as deemed appropriate. Councilmember Millhouse stated that he had requested this item be placed on the agenda, he discussed the cities that were opposed to the open space tax, and stated that timing precludes a combined measure going forward. Councilmember Mikos stated that she feels it is premature to decide until additional information is made available. She would like to see the information from the polling results, County of Ventura, and Ventura County Transportation Commission. She also stated she does believe there is a very clear nexus between both initiatives. Minutes of the City Council Moorpark, California Page 10 April 7, 2004 In response to Mayor Hunter, Councilmember Millhouse confirmed that so far three cities have taken a position on this matter, and Port Hueneme is considering the matter tonight. Councilmember Harper stated he would like to take the position to have both measures go on the ballot whether separate or combined. Councilmember Parvin stated she would not mind seeing both initiatives on the ballot, but at this time is not certain if she would like them combined into one measure. She stated the Council does not need to make a decision tonight and that the open space measure needs more analysis before it's ready to be voted on. Mayor Hunter concurred and stated he would like additional information, especially regarding the open space district board, and if it is an elected board or an appointed board; how the money will be spent and by whom, including the amounts to be spent and what areas of the County will receive the funding; how will the funds be spent in cities and the county; how will the funds be distributed; and what projects are identified. He also indicated he shares the same concern as Councilmember Millhouse in regard to the constitutionality of combining both measures. He would like to know how the public's money will be spent and who will be responsible before he can make an endorsement decision. He also needs additional information before he can decide to combine the measures or keep them separate. Councilmember Harper stated he has similar questions and that he does prefer the open space district board be elected rather than appointed to spend public money. He suggested the City reach a consensus to take a position to get both measures on the ballot as a starting point with details to be worked out. Councilmember Mikos stated she was in agreement with Councilmember Harper and stated it is premature to make a decision without additional information. At this point, she would like the City to go on record as being in favor of both measures to go on regardless of combination. Minutes of the City Council Moorpark, California Page 11 April 7, 2004 Councilmember Millhouse addressed issues he has with the poll in regard to types of questions asked. He referenced specific projects that are planned under the Transportation Measure. Councilmember Mikos stated she believes it is premature to make a decision until both sides are heard. Councilmember Harper suggested taking a limited action for funding of both issues to go before the voters. Councilmember Parvin stated she would like to have all of the facts and more information on all of the impacts to be comfortable making a decision on both measures. Councilmember Millhouse stated he can agree with Councilmember Harper's consensus suggestion until the City is asked to take a position. Councilmember Harper stated he was suggesting the Council take a minute action on support of the concept of public funding of both measures. Mayor Hunter indicated he is not sure how valuable such a statement would be. He does support both measures and briefly expanded on each issue. He stated he would like additional information including a published opinion on the constitutionality of combining both measures, but he is not in the position to personally take a position or commit the City until he has additional information. He also stated he does not need to take a City position to the next VCOG meeting. He stated he prefers the City to take no position and asked the Council how they wish to proceed if at all. Councilmember Parvin suggested staff review the prior questions that were raised and address them in a report back to Council. Mr. Kueny stated that VCTC will meet on May 7, and he suggested the Council agendize the transportation sales tax measure for May 19. Minutes of the City Council Moorpark, California Paqe 12 ril 7, 2004 CONSENSUS: It was the consensus of the Council to agendize the transportation sales tax measure for the May 19, 2004, regular meeting. 10. CONSENT CALENDAR: MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Regular Meeting of February 4, 2004. Consider Approval of Minutes of Regular Meeting of February 18, 2004. Consider Approval of Minutes of Regular Meeting of March 3, 2004. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2003 -2004 - April 7, 2004. Manual Warrants 115638 - 115647 & $ 71,848.12 115653 - 115654 $ 84,150.00 Voided Warrant Payroll Liability Warrants 115185 & 115633 115637 & 115783 115648 - 115652 $ (150.00) $ 0.00 $ 2,645.28 Regular Warrants 115655 - 115780 & $ 69,764.69 115781 - 115799 $ 414,995.08 Staff Recommendation: Approve the warrant register. C. Consider 2002 Annual Report to Integrated Waste Management Board. Staff Recommendation: Receive and file the report. D. Consider Report of Annual Development Agreement Review, Established in Connection with Moorpark Country Club Estates, Located Approximately 2,700 Feet South of Broadway Between Grimes Canyon Road and Walnut Canyon Road (Tract 4928), on the Application of Toll Brothers, Inc. Staff Recommendation: 1) Accept Minutes of the City Council Moorpark, California Paqe 13 April 7, 2004 the Community Development Director's Report and recommendation that, on the basis of substantial evidence, Toll Brothers, Inc. has complied in good faith with the terms and conditions of the agreement; and 2) Deem the annual review process complete. E. Consider Report of Annual Development Agreement Review, Established in Connection with Moorpark Highlands Specific Plan No. 2, a Master Planned Community, Located East of Walnut Canyon Road and North of Charles Street, on the Application of Morrison - Fountainwood- Agoura and Pardee Homes. Staff Recommendation: 1) Accept the Community Development Director's Report and recommendation that, on the basis of substantial evidence, Morris on- Fount a inwood- Agoura / Pardee Homes have complied in good faith with the terms and conditions of the agreement; and 2) Deem the annual review process complete. F. Consider Amendment No. 4 to Professional Services Agreement between the City of Moorpark and Professional Design Incorporated for Landscape Review and Inspection Services. Staff Recommendation: Approve Amendment No. 4 to Professional Services Agreement between the City of Moorpark and Professional Design Incorporated, extending the term of the agreement to September 30, 2004, subject to final language approval of the City Manager and City Attorney, and authorize the City Manager to sign the amendment. G. Consider Amendment No. 1 to Professional Services Agreement between the City of Moorpark and Dahl Taylor & Associates, Inc., for Contract Lighting Plan Evaluation, Inspection and Design Services. Staff Recommendation: Approve Amendment No. 1 to Professional Services Agreement between the City of Moorpark and Dahl Taylor & Associates, Inc., subject to final language approval of the City Manager and City Attorney, and authorize the City Manager to sign the amendment. H. Consider Awarding Contract to Casron Services Corporation for the Villa Campesina Park Improvement Project. Staff Recommendation: Award a contract to Casron Services Corporation for the construction of improvements at Villa Campesina Park for a cost not to Minutes of the City Council Moorpark, California Page 14 April 7, 2004 exceed $39,805 and authorize the City Manager to execute the contract. I. Consider Resolution Updating Miscellaneous City Fees and Charges and Rescinding Resolution No. 98 -1506. Staff Recommendation: Adopt Resolution No. 2004 -2177. 11. ORDINANCES: None. 12. CLOSED SESSION: Mr. Kueny requested that the City Council go into closed session for Item 12.B., Item 12.C., Item 12.D., and Item 12.E. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to adjourn to closed session for a discussion of Item 12.B., Item 12.C., Item 12.D., and Item 12.E. on the agenda. The motion carried by unanimous voice vote. The time was 9:31 p.m. Mayor Hunter asked the Council that following closed session the meeting be adjourned in memory of Moorpark High School Graduate and former Moorpark Resident Chris Hill, who was killed while in service to our Country on March 11, 2004, during the war in Iraq. B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Subdivision (a) of Section 54956.9 of the Government Code) The Committee to Preserve Historic High Street, an unincorporated association, and Cynthia Hollister vs. City of Moorpark and Moorpark City Council (Case No. SC037584) D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Subdivision (a) of Section 54956.9 of the Government Code) Minutes of the City Council Moorpark, California Page 15 April 7, 2004 William L. Whitaker, III and James Dale Whitaker vs. City Council of the City of Moorpark, et al (Case No. SC03803) E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Subdivision (a) of Section 54956.9 of the Government Code) Fiber Marketing International, Inc. vs. Cynthia Diane Poundstone, Quality Hydroseeding and Restoration; Ecology Construction, Inc.; St. Paul Fire and Marine Insurance Company; and City of Moorpark (Case No. SC038970) Following a brief recess, the Council reconvened into closed session at 9:41 p.m. Present in closed session were Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. Ms. Lindley left the meeting at 9:48 p.m. The Council reconvened into open session at 10:32 p.m. Mr. Kueny stated that one case under Item 12.B., and Items 12.C., 12.D., and 12.E. were discussed and that there was no action to report. 13. ADJOURNMENT: Mayor Hunter adjourned was killed during the service to our Country. ATTEST: Mylqr� the meeting war in Ir The time wa in memory of Chris Hill, who -ax,,,,March 11, 2004, while in Deborah S. Traffensted City Clerk