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HomeMy WebLinkAboutMIN 2004 0204 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California February 4, 2004 A Regular Meeting of the City Council of the City of Moorpark was held on February 4, 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 7:12 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; Walter Brown, Assistant City Engineer; Captain Richard Diaz, Sheriff's Department; Kim Chudoba, Senior Management Analyst; Julie C.T. Hernandez, Senior Management Analyst; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: None. S. PUBLIC COMMENT: Cindy Hollister, a Moorpark resident, thanked the Council for their assistance in regard to her losses from the "Simi- Fire ". Gerald Goldstein, a Moorpark resident, spoke about enforced cleanup of his property and police complaints. Minutes of the City Council Moorpark, California Paae 2 February 4, 2004 AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:16 p.m. The City Council meeting reconvened at 7:17 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mayor Hunter requested Item 9.J. be heard first under Presentation /Action /Discussion. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Millhouse requested future Ad Hoc Committee meetings be scheduled so as to facilitate moving applicants through the process more quickly. Councilmember Millhouse requested a future agenda item to discuss the cable television franchise, allowing the public and Adelphia to provide input. Mayor Hunter congratulated Building Inspector, Ray Young, who was recently installed as President of the International Code Council. Mayor Hunter announced the next "Moorpark After Dark" dance for teens in grades six through nine will be held February 6th from 7:00 p.m. to 10:00 p.m. at the Moorpark Boys and Girls Club. Mayor Hunter announced the next teen "Band Jam" will be held at Arroyo Vista Recreation Center on February 13th from 7:30 p.m. to 10:00 p.m. where local bands, including "Valour in Arms ", "One Last Breath ", "Stricken ", and "Syngaia" are expected to play. 8. PUBLIC HEARING: A. Consider Proposals For Community Development Block Grant (CDBG) Funds ($196,980) for Fiscal Year 2004/2005. Staff Recommendation: 1) Open public hearing, receive public testimony, and close public hearing; 2) Refer this matter to the Budget and Finance Committee for review prior to the next regularly scheduled City Council meeting, directing the committee to prepare a recommendation for final appropriations for City Council consideration at the regular meeting scheduled for March 3, 2004; and 3) Continue this item to the meeting of March 3, 2004. Minutes of the City Council Moorpark, California Page 3 February 4, 2004 Ms. Hernandez gave the staff report. In response to Mayor Hunter, Ms. Lindley stated the Active Adult Center is requesting $1,500.00 less this year as they have been able to operate with one less part -time employee. Mayor Hunter opened the public hearing. Patricia Kreider, Program Manager for the Senior Nutrition Program of Ventura County, 2220 Ventura Boulevard, Camarillo, thanked the Council for their past support; described their services in providing over 10,000 meals to seniors in Moorpark last year; and requested $15,000.00 in assistance. Jennifer Griffin, representing Independent Living Resource Center, Inc., 423 West Victoria Street, Santa Barbara, provided a brief history of the organization and stated funding would be used to pay for expanded service in the Moorpark area. In response to Mayor Hunter, Ms. Griffin stated funds would be used to pay for an Independent Living Skills Specialist to come to Moorpark two days a week to interface with other agencies, conduct forums to discuss the needs and access issues of the handicapped, and advocate for their resolution. Jim Stueck, Board Chairman for Ventura County Long Term Care Ombudsman Program, 2021 Sperry Avenue, No. 35, Ventura, thanked the Council and City for past contributions; and requested $2,000.00 to continue the program's monitoring visits, investigation of complaints, and pre - placement counseling provided to hospice and board - and -care homes in Moorpark. Candy Stewart, representing the Long Term Care Ombudsman Volunteer Program, 2021 Sperry Avenue, No. 35, Ventura, stated the program is trying to become more visible by educating the community on elder abuse. She stated volunteers who receive 36 -hours of mandated training, are recruited through word -of -mouth and newspaper ads. In response to Councilmember Parvin, Mr. Stueck stated the Board has only 10 members whose job it is to raise funds to recruit and train more volunteers, allowing Minutes of the City Council Moorpark, California Paqe 4 February 4, 2004 staff to concentrate efforts on circulating the word about the program's work. Ms. Stewart stated the program has a Spanish bilingual staff person who is available, upon request, to make site visits to translate at facilities; and the program also has a Spanish translation on its website. Jim Mangas, representing Food Share, 4256 Southbank Road, Oxnard, thanked the Council for past funding for their expansion project. He explained the concept of the organization is to distribute surplus food to those in need by overcoming the logistical obstacles; the continued need to grow, especially in Senior and low income areas; Food Share works with 240 organizations such as Catholic Charities, and Brown Bags to distribute the food; and during disasters such as the "Simi- Fire ", they work with the County to distribute food. Mr. Mangas stated they are asking for $5,000.00 for their Capital Campaign for Phase II of the expansion. Robert Bagdazian, representing Catholic Charities, 609 Fitch Avenue, Moorpark, thanked the City and staff for assistance in their relocation. He described the services and food distribution program offered to low - income residents through the Food Pantry, along with financial assistance in cases of rent and utility payments; their collaboration with Moorpark Unified School District for children in need of dental care; their expanded Senior outreach program to provide service to seniors in Moorpark Oasis in partnership with St. John's Regional Medical Center, which provides visiting nurses; and two new collaborations with the NfL to provide scrip to use to purchase food and immunizations provided by Sr. John's Regional Medical Center and the Public Health Department. Mr. Bagdazian asked for support to continue these efforts. Gayle Watson, Project Coordinator for the RAIN Project, 1129 State Street, Santa Barbara, described their new facility in Camarillo, which houses 90 homeless individuals; and requested $2,500.00 to continue to help provide food and kitchen related services to assist the homeless in becoming self - sufficient and to provide their children with nutritious food. Minutes of the City Council Moorpark, California Paqe 5 February 4, 2004 Mayor Hunter stated the Council would like to fund every request; however, there is never enough to go around. He also stated staff is recommending the Budget and Finance Committee review the applications and present the final appropriation decisions at the March 3, 2004, meeting. Councilmember Millhouse stated it is a good idea to refer the requests to the Budget and Finance Committee, and thanked all participants and many unsung volunteers for their time and efforts. Councilmember Harper suggested taking the City's request for $10,500.00 and shift it to the General Fund to allow more CDBG funding to be available. Councilmember Mikos stated she concurred with Councilmember Harper's suggestion, and encouraged everyone to continue to make applications for these very deserving causes. Mayor Hunter closed the public hearing. MOTION: Councilmember Parvin moved and Councilmember Millhouse seconded a motion to: 1) Refer this matter to the Budget and Finance Committee for review prior to the next regularly scheduled City Council meeting, directing the Committee to prepare a recommendation for final appropriations for City Council consideration at the regular meeting scheduled for March 3, 2004; and 2) Continue this item to the meeting of March 3, 2004, with public hearing closed. The motion carried by unanimous voice vote. B. Consider Use of Supplemental Law Enforcement Services (SLES) Grant Funds for 2003/04 Fiscal Year. Staff Recommendation: 1) Conduct public hearing; and 2) Approve revised expenditure plan. ROLL CALL VOTE REQUIRED Ms. Chudoba gave the staff report. In response to Mayor Hunter, Ms. Chudoba stated the 40 -hour patrol officer position was created in 2001 using grant funds from SLES and the Local Government Law Enforcement Block Grant. Mayor Hunter opened the public hearing. Minutes of the City Council Moorpark, California Page 6 February 4, 2004 In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers for this item. Mayor Hunter closed the public hearing. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to approve the revised expenditure plan. The motion carried by unanimous roll call vote. AT THIS POINT in the meeting, Item 9.J. was heard. 9. PRESENTATION /ACTION /DISCUSSION: J. Consider "Simi Fire" Incident After - Action Report. Staff Recommendation: Receive and file report. Mr. Kueny gave the staff report and acknowledged City staff and their efforts in responding to the emergency. Mr. Kueny commended Kim Chudoba, Senior Management Analyst as the point person who will continue to provide follow -up on this incident. He introduced, Ventura County Fire Protection District Deputy Chief Dave Festerling and Division Chief Bryan VandenBosch, and Dr. Eva Conrad, President of Moorpark College, as present in the audience and available for questions or comments. Gerald Goldstein, a Moorpark resident, described a training exercise conducted by the Fire Department where several abandoned residential structures were set on fire on Poindexter Avenue. In response to Councilmember Harper, Mr. Kueny stated the City followed the Multihazard Functional Plan in setting up the City's Emergency Operations Center (EOC); the City's role in providing public information and support to public safety agencies needs to be fine tuned; additional dialog is needed with police, fire, and County Emergency Services to clarify the City's role; and a citizens emergency response team (CERT) may be the way to use volunteers to assist. In response to Mayor Hunter, Captain Diaz stated Sheriff's volunteers at the Moorpark Police Services Center are not currently used in this capacity. Minutes of the City Council Moorpark, California Pacie 7 February 4, 2004 In response to Councilmember Harper, Ms. Chudoba stated the Multihazard Functional Plan was designed to be a fluid process allowing the City to respond to an emergency; all areas were activated; staff had been trained in their responsibilities; and the plan worked well. Councilmember Harper stated the initial failure was in communication; and suggested this be considered as a separate item for study of what was learned from this emergency and what should be incorporated into the Multihazard Functional Plan document. In response to Councilmember Mikos, Ms. Chudoba stated the EOC for Ventura County organizes which radio station will provide emergency communications. Councilmember Mikos recommended an ongoing notification be placed on Channel 10 providing the public with information on what radio channel to tune to when emergency information is needed. She also stated better coordination with Moorpark College is needed to be aware of what can be provided during an emergency such as a shelter. Councilmember Mikos commended staff for their efforts at the EOC during this crisis and acknowledged the many compliments received from the public on the amount of information available on the City's website. She suggested cross - training more staff on posting information to the City's website. Councilmember Millhouse concurred with running a notice on Channel 10 regarding emergency radio broadcasts; cited flaws discovered with the City's cell phone carrier; and thanked the Fire Department for all of their efforts, especially their skill in setting back - fires. He recommended looking at alternatives and evacuation plans in the case of future emergencies such as a train derailment, chemical spill, or earthquake, in regard to traffic and access routes in and out of Moorpark during a crisis, since there is not enough staff to man all of the roads and traffic signals. Councilmember Millhouse recommended the City work with the County to make provisions to change the timing of the signal Minutes of the City Council Moorpark, California Page 8 February 4, 2004 lights at Tierra Rejada Road and Santa Rosa Road during emergency situations. Mayor Hunter stated this report is very comprehensive and lists in three major categories the recommendations requiring financial support, which is difficult to obtain when they may be absent from existing goals and objectives. He suggested two Councilmembers meet with other agencies in a workshop setting to prioritize these recommendations; determine the dollar amount needed; and how these needs interface with the goals and objectives to ascertain if amendments are needed in the budget. Mayor Hunter recommended participation from the Fire Department, Moorpark College, Police Department, Red Cross, California Highway Patrol and any other agencies staff would want to include as vital to the success of the workshop. Councilmember Parvin expressed concerns regarding the condition of the D.A.R.E. vehicle she used during the emergency, as the lack of emergency lights and a working radio were problematic; the lack of awareness on the part of the National Red Cross as to where the city of Moorpark is located even after 8 -hours into the fire; and the lack of smooth communication with local schools. In response to Councilmember Parvin, Mr. Kueny stated training of EOC staff was sporadic prior to 18 months ago; Item 10 is to dedicate staff to Emergency Management activities; and the City does not have satellite phones. Councilmember Parvin thanked the police and fire departments, and all of the volunteers who came together to save property in Moorpark during the fire. In response to Mayor Hunter, Captain Diaz and Deputy Chief Dave Festerling confirmed they would want to participate in the workshop. Dr. Conrad described the fire, which burned to the curbs of the campus, and thanked all of the people who came out to help fight it. She stated the biggest issue for the College was communication and she Minutes of the City Council Moorpark, California Paae 9 February 4, 2004 welcomes the opportunity to get involved in the workshop. Councilmember Millhouse and Mayor Hunter volunteered to work on the Ad Hoc Committee to look at other disasters like earthquakes, train derailments, hazardous spills, and fires; and would report back from the Committee to the Council within 90 -days. Councilmember Mikos agreed the workshop would be valuable; suggested staff may be able to prepare cost estimates prior to the meeting; emphasized the importance of obtaining funds through the Commission on Human Concerns for CERT training; and also volunteered to be on the Ad Hoc Committee. Mayor Hunter agreed the Committee should also look at the availability of federal funds in response to an act of terrorism. CONSENSUS: It was the consensus of the Council that Mayor Hunter and Councilmember Millhouse serve on an Ad Hoc Committee to work with other agencies to develop goals, objectives, and priorities; and determine if amendments are needed to the Fiscal Year 2003/2004 Budget with recommendations due back to Council within 90 -days. A. Consider Permit Adjustment No. 2 to Commercial Planned Development No. 2001 -01 for Approval of Site Plan and Building Elevations for a 3,536 Square Foot Denny's Restaurant on Pad 4 of the Moorpark Marketplace, Located South of New Los Angeles Avenue, East of Miller Parkway and West of the SR -23 Freeway on the Application of Architectronix, Inc. ( Denny's Restaurant). (Continued from January 21, 2004) Staff Recommendation: Direct staff to prepare a letter approving Permit Adjustment No. 2 to CPD No. 2001 -01 for the Denny's Restaurant site plan and building elevations. Mr. Hogan gave the staff report. In response to Councilmember Parvin, Mr. Hogan stated staff does not feel awnings are inconsistent with the existing architecture of the center; awning maintenance has improved in recent years due to new color -fast materials and the use of tubular steel Minutes of the City Council Moorpark, California Page 10 February 4, 2004 supports attached to the buildings; and if the awnings were to become unsightly they would be considered a Code compliance issue. Councilmember Harper stated he has no problem with the awnings, as he is familiar with the new colorfast and wind resistant material now used for awnings and boat covers; he does not like the bareness of the archways and recommended adding a trellis with evergreen plantings to the inside of each; and the rear elevation of the building needs additional articulation. Councilmember Mikos concurred with Councilmember Harper's suggestion for enhancing the archways; and stated there are no drawings depicting how the patio will look with the awnings and trellis. Councilmember Millhouse stated he shares Councilmember Parvin's concerns regarding the maintenance of the awnings and would like to see a condition of approval added to the project for awning maintenance; the lettering on the signage appears very small; and the trees appear to block signage on the restaurant. Mr. Hogan stated staff could work with the applicant on relocating the trees; the building has signs on all four sides; the eastern elevation sign could be increased in size as long as it complies with the Sign Program. In response to Mayor Hunter, Mr. Hogan stated staff will look at moving the trash enclosure to the northeast corner of the building and relocate the two handicapped parking places to the front of the building. John Rix, architect representing Architectronix, Inc., 3505 Cadillac Avenue, Costa Mesa, California, stated the trellis was designed to resemble the trellis feature near Target; the trash enclosure was located to facilitate truck access, but they will work with staff to relocate it; and there will be no problem installing trellis material to soften the look of the archways. Minutes of the City Council Moorpark, California Paqe 11 February 4, 2004 In response to Council questions, Mr. Rix stated they will install some kind of evergreen vine in front of the trellis feature to be added to the archways; there is an outside dining area on the patio; the use of umbrellas and heater lamps on the patio has not been discussed; the overhead trellis on the patio is for aesthetics, and is not designed to provide shade; the building design is of a higher quality than most Denny's buildings; the menu will be the standard Denny's menu; moving the trash enclosure without jeopardizing site drainage will be considered and delivery trucks will then need to park and use hand carts to move product; if allowed, the applicant would probably prefer a 24 -hour operation; and this design does not currently have beer and wine as part of the proposal. In response to Councilmember Parvin, Mr. Hogan stated an Administrative Permit, subject to the approval of the Community Development Director, would be required if an alcohol permit is requested. Councilmember Harper stated he would like to see this business open for 24 -hours due to its location near the freeway, distance from residential, and the need in the community for 24 -hour service. In response to Councilmember Harper, Mr. Hogan stated the last remaining space on the tower has been reserved for signage for the last Pad; there is no additional space on any of the existing monument signs to add the Denny's logo; however, a modification of existing monument signs could be considered at a later date. In response to Councilmember Mikos, Mr. Hogan stated the location of handicapped parking spaces will be reviewed by the City's Building Official and the closest and most direct path to the main entrance will be provided in accordance with ADA requirements. Mayor Hunter requested the project be conditioned to relocate the trash enclosure and move the handicapped parking spaces near the front door, unless in conflict with the Building Official's direction. Minutes of the City Council Moorpark, California Paqe 12 February 4, 2004 MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to prepare a letter approving Permit Adjustment No. 2 to CPD No. 2001 -01 for the Denny's Restaurant site plan and building elevations, as amended to authorize the Community Development Director to review and potentially modify the sign program as needed; relocate the trash enclosure and handicapped parking spaces, as determined by the Community Development Director; and add a trellis with evergreen vine plantings to the east and north facing archways. Councilmember Millhouse requested an amendment to the motion to include direction for staff to add a condition for awning inspection and maintenance. MOTION TO AMEND: Councilmember Harper moved to amend the motion and Councilmember Mikos seconded the amendment to include direction for staff to include a condition requiring the inspection and maintenance of the awnings. The amendment to the motion carried by unanimous voice vote. The main motion, as amended, carried by unanimous voice vote. B. Consider Presentation by Eve Liebman of United Way in Appreciation of City Employee Contributions. In the absence of Ms. Lieban, Kathy Raffaelli, of United Way presented a Certificate of Appreciation to the City of Moorpark, recognizing the employee contributions totaling $6,227.00 for the 2003/2004 campaign. C. Consider Presentation by David Mullinex, Regional Representative, League of California Cities. Mr. Mullinex, Regional Representative of the League of California Cities gave a presentation on an initiative the League is sponsoring to require voter approval before State government may take local government tax revenues. He spoke about Sacramento balancing their budget on the backs of cities by shifting local property taxes to State issues; and the challenge will be to educate the community that there will be $250,000.00 less to spend in Moorpark on local programs. Minutes of the City Council Moorpark, California Page 13 February 4, 2004 AT THIS POINT in the meeting, Mayor Hunter stated Item 9.D. would be heard concurrently with Item 9.C. D. Consider Resolution Supporting a Statewide Ballot Initiative to Require Voter Approval Before State Government May Take Local Tax Funds. Staff Recommendation: Direct staff as deemed appropriate. Mayor Hunter stated cities, counties and special districts are being unfairly burdened with 50% of the State's debt; historically these entities have been very good stewards of the public's money, balancing their budgets each year even when they have no where else to go when revenues are short; Senate Bill 744 would allow State government to override local land use decisions, making local government legislators irrelevant; funds generated locally to provide for libraries, police, and fire services should be spent in the local community; the city of Moorpark has lost over $3- million dollars, since the State began taking from local governments in the early 1990's; and the League's initiative is fundamental to structural change in the way cities and counties are funded, giving the residents the last say in whether funds may be transferred to the State. He ended by offering his support of the initiative and willingness to help in any way possible. Councilmember Mikos commended Mayor Hunter's remarks. She stated funds being raided /stolen by the State, lawfully belong to local government; in the early 19901s, an unintended consequence of Proposition 13, allowed local property taxes, previously collected and distributed locally, to be shifted to the State with the promise the State would return these funds to the locality; and the State has repeatedly chosen not to keep that promise even when there were surpluses. Councilmember Mikos went on to state the public should be aware only 7.8 -cents of each property tax dollar collected locally stays in Moorpark and the State would like to have even more of that 7.8- cents. She ended by stating she strongly supports the League's initiative; and cited her attendance at the California League of Cities Convention earlier in the year where the delegates unanimously supported this effort. Minutes of the City Council Moorpark, California Page 14 February 4, 2004 Mayor Hunter stated over the last 10 years local governments have continued to provide superior service to their residents despite the reduction in revenues; however, it is getting to the point where service levels and quality of life will be affected. Councilmember Millhouse described the State as a parent, stealing from their child's piggy bank to pay for an addiction to over - spending. He stated the city of Moorpark has been fortunate that through the efforts of the City Council, City Manager and City staff, funds and services have continued at an acceptable level; however it can only last so long when more and more monies are taken away. Councilmember Millhouse went on to state it is time for the parent to be held accountable; cities have to go directly to the people; and he wholeheartedly supports the League's efforts. Councilmember Parvin stated the League of California has done a great job in educating the entire State on this subject; she appreciates Mr. Mullinex's efforts in speaking at various cities; it is time for the State to be held accountable; and it is time to move forward and support the initiative. In response to Councilmember Harper, Mr. Mullinex stated the League will be taking a position on all of the March 2004 ballot issues including the bail -out bond. Councilmember Harper stated even as an educator, he will have a hard time voting for the bail -out bond, which if defeated will severely impact education, as it is deficit - spending, placing a tremendous tax burden on future generations. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to adopt Resolution No. 2004 -2164 supporting a statewide ballot initiate to require voter approval before State government may take local tax funds. The motion carried by unanimous voice call vote. Minutes of the City Council Moorpark, California Paae 15 February 4. 2004 E. Consider Maintenance Plan for the Hiah Street Pepper Trees. Staff Recommendation: 1) Authorize staff to remove the High Street Pepper trees in spaces 22, 45, 34, 29, and 26; and 2) Direct staff to implement the steps proposed in the agenda report. Ms. Lindley gave the staff report. She introduced Michael Mahoney, Independent Consultant and Specialist in Arboriculture and Urban Forestry, as available for questions. In response to Councilmember Parvin, Ms. Lindley stated there were three arborists paid in regard to the study of the pepper trees. In response to Councilmember Mikos, Mr. Mahoney stated the pepper trees are a senior population of trees, all of which are being treated with the same expectation; it is not often this species of tree lasts as long as 100 - years; there must be a realization, that at some point, these trees will deteriorate and fall down; and there is a need to begin a transition by eliminating some and planting new ones. Mr. Mahoney described the timeline for removal, replacement, and mitigation for some of the trees. In response to Councilmember Parvin, Mr. Mahoney stated seedlings from these trees can be harvested and cared for, to eventually become more Poindexter pepper trees. Councilmember Harper stated this is a very hard decision to make. In response to Councilmember Harper, Mr. Mahoney identified this species to be the California Pepper and stated there are appropriate places along High Street worthy of replanting; however, not in front of the Metrolink station. He recommended not starting out with large replacement trees, as smaller trees establish, grow, and thrive more quickly. In response to Mayor Hunter, Mr. Mahoney stated cabling of trees changes the structural dynamic and requires more maintenance responsibilities. Minutes of the City Council Moorpark, California Page 16 February 4, 2004 William Whitaker, a Moorpark resident and business owner, 179 E. High Street, stated he was speaking for himself and on behalf of over 1,400 signatories of a petition to prohibit the removal of the pepper trees. He asked the City to address the question of the trees having been declared an historical landmark by the County of Ventura and whether this designation would have been carried forward by the City during its incorporation when all County documents were adopted as a whole. Mr. Whitaker stated an environmental study is not included in the agenda report; one pepper tree marked for removal is a nesting area for a protected species of bird; no one wants to risk the safety of the community; but they do not want the City to be hasty. He requested any replacement trees be substantial in size, as the 24 -inch box trees currently planted are more susceptible to damage due to their small size and some have even been vandalized. Mayor Hunter stated the Council must balance keeping the trees at all costs versus the requirement to protect the safety of the public and vehicles using the downtown area. Mr. Whitaker stated cabling may be an option to stabilize the trees; Mr. Mahoney's report provided a good deal of relief; however, he asked that the senior trees not be euthanized; but taken care of as long as possible. In response to Mayor Hunter, Ms. Lindley stated the trees did receive an historical landmark designation from the County of Ventura prior to the City's incorporation; the County now states that they no longer have jurisdiction over the historical designation of the trees and they no longer list those trees as historical; and staff did prepare a Negative Declaration for the removal of the trees. In response to Councilmember Mikos, Ms. Lindley stated the environmental clearance was presented when this item went before Council in June of 2003; and there were no comments on the filing with the State. In response to Councilmember Mikos, Mr. Montes stated if the City became aware of the existence of a Minutes of the City Council Moorpark, California Page 17 February 4, 2004 sensitive /endangered bird species, a review of any permit requirements in addition to the environmental report would have to take place. Debra Tash, a Moorpark business owner, 5777 Balcom Canyon Road, Somis, stated she appreciates the arborist's presentation and now understands the Council's predicament in making this decision. She asked when implementing the three phase plan to replace the trees, that the character of High Street not be altered. Dick Wardlow, a Moorpark business owner, 233 High Street, stated High Street is the highlight of Moorpark's identity. He applauded the Council's efforts in facing the problem; requested the largest replacement trees possible; questioned the use of seedling trees; and stated the City has exposure to trees falling anywhere in town, not just High Street. Gerald Goldstein, a Moorpark resident, spoke in opposition to the removal of the Pepper trees; and cited other instances of tree removal due to development causing the loss of greenery and beauty throughout the City. In response to Councilmember Harper, Mr. Mahoney stated tree growth rate is related to environment and amount of care; and a moderate rate of growth would be expected of replacement Pepper trees provided proper irrigation during establishment, which may take three to five years. Councilmember Millhouse stated the arborist's proposal is a balanced approach dealing with the safety issues and still maintaining the historical nature of the street; and he is concerned about the pruning of the trees to maintain some semblance of shade. In response to Councilmember Mikos, Mr. Mahoney stated he has seen a similar situation in San Juan Capistrano where they have some Pepper trees. He stated one tree with more decay than Moorpark's trees did fall over. Councilmember Mikos stated the arborist has done an excellent job; and if the plan is followed, a range of Minutes of the City Council Moorpark, California Page 18 February 4, 2004 tree ages appearing on High Street will provide a cycle of tree growth. Councilmember Parvin stated there is historical value in maintaining the Poindexter trees through planting of seedlings perhaps on school campuses. She stated she would like to see better communication between the City and business owners along High Street when it comes time to remove or provide maintenance for these trees. MOTION: Councilmember Millhouse moved and Mayor Hunter seconded a motion to: 1) Authorize staff to remove the High Street Pepper trees in spaces 22, 45, 34, 29, and 26; and 2) Direct staff to implement the steps proposed in the agenda report, as amended to rely upon tree experts and staff to decide the size of replacement trees. Councilmember Harper requested an amendment to the motion to include direction for staff to provide a follow -up report on the timing of the tree removals, type of irrigation, and notification to adjacent property owners prior to actual tree removal. He reminded the Council and staff this is an attempt to pass on the same streetscape to future generations. Councilmember Mikos emphasized the goal is to preserve the tree line and the atmosphere on High Street. MOTION TO AMEND: Councilmember Millhouse moved to amend the motion and Mayor Hunter seconded the amendment to include direction for staff to provide a follow -up report on the timing of the tree removals, type of irrigation, and notification to adjacent property owners prior to actual tree removal. The motion to amend carried by unanimous voice vote. The main motion, as amended, carried by unanimous voice vote. AT THIS POINT in the meeting, a recess was declared. The time was 10:31 p.m. The meeting reconvened at 10:48 p.m. F. Consider Providing Comments on Possible Unmet Transit Needs to the Ventura County Transportation Commission and Receive Report on Unmet Transit Needs Findings and Goals. Staff Recommendation: Provide comments and Minutes of the City Council Moorpark, California Paqe 19 February 4, 2004 direct staff to forward them to VCTC, prior to the end of the public comment period of February 9, 2004. Ms. Lindley gave the staff report. In response to Councilmember Mikos, Ms. Lindley stated the Dial -A -ride service has now been extended to all seniors, whereas, before it was only ADA- qualified seniors and non - seniors who were allowed to use the program; staff is finalizing structural calculations for the bus shelters and benches; the agreement is signed; and installation work should begin in the next 30 -days. Gerald Goldstein, a Moorpark resident, spoke about the bus service being out -of -order recently; the need for new buses or passenger vans; and a need for more bus stops. In response to Councilmember Mikos' request to post a phone number where the bus schedule could be confirmed and Mayor Hunter's request that the actual bus schedule be posted at bus stops, Ms. Lindley stated with the new budget, perhaps the bus schedule could be posted in some form of signage at the new bus shelters. Councilmember Parvin stated the maps on the website need to be improved so they are more readable and less confusing. Councilmember Mikos encouraged the public to make comments regarding any unmet transit needs since there are still a few more days left in the comment period. Councilmember Millhouse encouraged the public to make comments citing changes to bus schedules, and accommodations for the handicapped and seniors resulting from comments received last year. Ms. Lindley stated staff will provide Council's comments in a letter to the VCTC. CONSENSUS: It was the consensus of the Council to forward their comments to VCTC. Minutes of the City Council Moorpark, California Page 20 February 4, 2004 G. Consider a Request for a Scope of Work for the Preparation of Plans and Cost Estimate for the Design, Grading, and Construction of the North Hills Parkway from Los Angeles Avenue on the West to the Extension of Spring Road in Moorpark Highlands on the East. Staff Recommendation: Direct staff to circulate the Request for Proposal. Mr. Hogan gave the staff report. He corrected the references on page 1 of the agenda report to change easterly to westerly and east to west. In response to Councilmember Parvin, Mr. Hogan stated the Request for Proposal includes both scenarios for railroad crossings; and in case a lump sum is not approved, they are requesting component part costs. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers for this item. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to direct staff to circulate the Request for Proposal. The motion carried by unanimous voice vote. H. Consider Plans and Specifications and Authorization to Advertise for Bids for the Los Angeles Avenue /Beltramo Ranch Road Widening Project. Staff Recommendation: Approve the plans and specifications and authorize staff to advertise for receipt of bids upon receipt of federal grant approval. Mr. Gilbert deferred giving the staff report due to the late hour. Gerald Goldstein, a Moorpark resident, stated he lives on a farm on Beltramo Ranch Road and was not notified of the potential road widening. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to approve the plans and specifications and authorize staff to advertise for receipt of bids upon receipt of federal grant approval. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 21 February 4, 2004 I. Consider Resolution Establishing Improvements in the City's Code Enforcement Work Program. Staff Recommendation: 1) Adopt Resolution No. 2004 -2165; and 2) Direct staff to schedule amendment of the Classification Plan and Salary Plan resolution and the Municipal Code to change references from "Code Enforcement" to "Code Compliance" and also amend the resolution authorizing the Code Enforcement Officer to act as a "Public Officer." Mr. Hogan gave the staff report. In response to Councilmember Parvin, Mr. Hogan stated the Code Compliance Officer may wear a uniform in the evenings and on weekends; however, during weekdays a polo shirt with logo and chino pants are considered less officious; the Code Compliance Officer will infrequently be asked to accompany the Sheriff; other names contemplated instead of "compliance" were technician, inspector, official, investigator, or examiner; and it was decided the impression was softened by the word "compliance" and the change in uniform. In response to Councilmember Parvin's request that the verbiage on page 91 under Program Objective be clarified by deleting the words "through expeditious enforcement efforts when public information efforts are insufficient ", Mr. Hogan stated staff would make that change; and confirmed the Code Compliance Program outline is available in both English and Spanish. In response to Councilmember Parvin, Mr. Hogan stated the length of time for compliance is usually 30 -days with discretion given to the officer based upon the length and breadth of the violation; to ensure fairness, any deviation from the 30 -days requires checking with a supervisor or the Community Development Director; the first notification letter does not include a cost since it would only be an estimate; and office hearings are very successful in obtaining compliance. In response to Mayor Hunter, Mr. Hogan stated the proposed uniform would require a photo i.d. clipped to the belt and visible at all times. Minutes of the City Council Moorpark, California Page 22 February 4, 2004 Mayor Hunter recommended the first notification letter be signed by the Compliance Officer, the second letter be signed by the Supervisor, and the letter referring the case to the City Attorney be signed by the Community Development Director. He further recommended adding verbiage to indicate when a case is closed or resolved; and the letter setting the office hearing should provide some opportunity for scheduling the meeting time and date. Mayor Hunter stated he likes the change to `code compliance "; and codification of the program. He stressed initial efforts should be in public awareness through use of pamphlets, the quarterly magazine, and the webpage. Councilmember Mikos stated she concurred with giving some latitude on scheduling the office hearing; however, the window of opportunity should be only a couple of weeks. She suggested a public outreach or workshop could be used to introduce this new program to the public and give them an opportunity to learn how it works. In response to Mayor Hunter, Mr. Hogan stated there is no reason why City letterhead is not used with these notification letters; however, the Community Development Department letterhead provides the City's webpage. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers for this item. Councilmember Harper stated as a member of the committee he finds these changes to be a great improvement. MOTION: Councilmember Harper moved and Mayor Hunter seconded a motion to: 1) Adopt Resolution No. 2004 -2165, as amended to include changes to notification letters including: signatories, inclusion of "case closed" when applicable, and scheduling opportunities for the office hearing; and 2) Direct staff to schedule amendment of the Classification Plan and Salary Plan resolution and the Municipal Code to change references from "Code Enforcement" to "Code Compliance" and also amend the resolution Minutes of the City Council Moorpark, California Page 23 February 4, 2004 authorizing the Code Enforcement Officer to act as a "Public Officer ". Councilmember Parvin requested an amendment to the motion to include the change to the definition of the Program Objective to delete the words "through expeditious enforcement efforts when public information efforts are insufficient ". MOTION TO AMEND: Councilmember Harper amended the motion and Mayor Hunter seconded the amendment to include the deletion of the words "through expeditious enforcement efforts when public information efforts are insufficient" from the definition of Program Objective. The motion to amend carried by unanimous voice vote. In response to Councilmember Mikos question whether a report from staff would be desired to determine if an electronic version of the regular letterhead could be used instead of the Community Development Department (CDD) letterhead, Mayor Hunter stated he had only asked why the Department letterhead was used and in his opinion, staff should determine the letterhead to be used; and it is not his desire to have them generate a report. The main motion, as amended, carried by unanimous voice vote. K. Consider Appointment of Tenant Commissioner to the Area Housing Authority of the County of Ventura. Staff Recommendation: Direct a letter be sent to the Area Housing Authority Board endorsing the reappointment of Vina June Milburn as the tenant representative for a two -year term ending March 31, 2006. Ms. Traffenstedt gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to direct a letter be sent to the Area Housing Authority Board endorsing the reappointment of Vina June Milburn as the tenant representative for a two -year Minutes of the City Council Moorpark, California Paqe 24 term ending March 31, 2006. unanimous voice vote. 10. CONSENT CALENDAR: February 4, 2004 The motion carried by MOTION: Councilmember Millhouse moved and Councilmember Parvin 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 December 17, 2003. Consider Approval of Minutes of Special Meetinq of January 16, 2004. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2003 -2004 - February 04, 2004. Manual Warrants Voided Warrant Payroll Liability Warrants 115120 - 115123 & 115124 - 115129 & 115130 - 115133 112220 & 113458 & 113713 & 115088 & 115124 - 115127 & 115240 115134 - 115137 $ 10,395.00 $ 600.00 $ 222,067.11 $ (1,813.00) $ 962.28 Regular Warrants 115138 - 115237 & $ 89,453.16 115238 - 115252 $ 201,584.12 Staff Recommendation: Approve the warrant register. C. Consider Resolutions Initiating Proceedings Related to the Levy of Assessments for the Citywide Landscaping and Lighting Assessment District and the Parks and Recreation Maintenance Improvement District for Fiscal Year 2004/2005. Staff Recommendation: Adopt Resolution Nos. 2004 -2166 and 2004 -2167. D. Consider Resolution of Intent Directing the Planning Commission to Study, Hold a Public Hearing, and Provide Recommendation on Zoning Ordinance Amendments Minutes of the City Council Moorpark, California Paqe 25 February 4, 2004 to Title 17 Relating to the Keeping of Animals and Regulation of Flagpoles in Residential Areas. Staff Recommendation: Adopt Resolution 2004 -2168. 11. ORDINANCES: A. Consider Ordinance No. 300, an Ordinance of the Cit of Moorpark, California, Deleting Section 10.04.120, Vehicles for Sale, of Chapter 10.04, Traffic Code, of Title 10, Vehicles and Traffic, of the Municipal Code. Staff Recommendation: Declare Ordinance No. 300 read for the second time and adopted as read. Mr. Montes read the title of Ordinance No. 300. MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to waive further reading, declare Ordinance No. 300 read for the second time, and adopted as read. The motion carried by unanimous voice vote. 12. CLOSED SESSION: Mr. Kueny requested the City Council go into closed session for Item 12.B. (three cases). MOTION: Councilmember Parvin seconded a motion to adjourn to of three cases under Item 12. carried by unanimous voice vote. moved and Councilmember Mikos closed session for a discussion B. on the agenda. The motion The time was 11:32 p.m. 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) The Council reconvened into closed session at 11:40 p.m. following a brief recess. 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; Barry Hogan, Community Development Director; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened into open session at 11:45 p.m. Mr. Kueny stated three cases under Item 12.B. were discussed and there was no action to report. Minutes of the City Council Moorpark, California Paqe 26 February 4, 2004 13. ADJOURNMENT: Mayor Hunter adjourned the ATTEST: Deborah S. Traffenst City Clerk