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HomeMy WebLinkAboutMIN 2004 0218 CC REGMINUTES OF THE CITY COUNCIL Moorpark. California February 18, 2004 A Regular Meeting of the City Council of the City of Moorpark was held on February 18, 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 7:13 p.m. 2. PLEDGE OF ALLEGIANCE: Gary Cabriales, Moorpark Unified School District Board President, 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; Cynthia Borchard, Administrative Services Director; Brad Miller, City Engineer; Sr. Deputy Ed Tumbleson, Sheriff's Department; David Bobardt, Planning Manager; Scott Wolfe, Principal Planner; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Certificates of Recognition of 2003 Moorpark Police Department Volunteers Bob Crockford and Dorothy Podry. Mayor Hunter accompanied by Sr. Deputy Ed Tumbleson, presented Certificates of Recognition to Bob Crockford and Dorothy Podry as 2003 Moorpark Police Department Volunteers. B. Proclamation Declaring February 2004 as "Have a Heart for Kids!" month. Minutes of the City Council Moorpark, California Paae 2 February 18, 2004 Mayor Hunter presented John Hartley, member of the Board of Directors for Child Development Resources of Ventura County with a Proclamation declaring February 2004 as "Have a Heart for Kids!" month. C. City Manager's Monthly Report. Mr. Kueny introduced Cindy Borchard, Administrative Services Director, who described the three divisions, Finance, Central Services and Information Services, which make up the Administrative Services Department. She stated the nine department employees have over 100 -years of combined experience in government accounting /finance. Ms. Borchard summarized some of the department's achievements in 2003, including implementation of a Geographic Information System (GIS) , an update to Fixed Assets, an analysis of the State budget impact on the City, preparation of the Fiscal Year 2003/04 Capital Improvement Budget, and completion of Phase 1 of the City's website re- design. Mayor Hunter stated he is amazed at what staff can accomplish with less money and commented on the State having taken over $3 million of Moorpark's funds. 5. PUBLIC COMMENT: Scott Green, a Moorpark resident and business person, 33 High Street, spoke about the golf tournament the City proposes to sponsor to raise funds for scholarships. He complimented the City on negotiating this agreement with Toll Brothers for the annual golf tournament; however, cited impacts to other non - profit organizations in town, which also try to raise funds for worthy causes by having their own golf tournaments. Mr. Green stated the competition between the City and other organizations appears to be unintentional; however, the City's involvement could be perceived as a possible conflict of interest. AT THIS POINT, in the meeting, Mayor Hunter made the Council aware there were several speakers on this same item; therefore, he would like to have Item 10.D. pulled from the Consent Calendar for individual consideration. He asked the Council to waive rules to allow the speakers to speak to this item during Public Comment. Minutes of the City Council Moorpark, California Page 3 February 18, 2004 CONSENSUS: It was the consensus of the Council to waive rules and allow the speakers to speak during Public Comment on Item 10.D., which would be pulled from the Consent Calendar. Will Whitaker, a Moorpark resident and business owner, 179 E. High Street, stated he wanted to speak about the action the Council took at the February 4, 2004, meeting in regard to the removal of certain California Pepper trees on High Street. He stated his concern regarding misleading information given to Council by staff pertaining to status of the historical landmark designation given the trees by the County of Ventura, and stated a letter would be forthcoming from the Ventura County Cultural Heritage Commission, reiterating that the Pepper trees are still considered a landmark by the County. Mr. Whitaker continued by stating this historical landmark status requires compliance with the California Environmental Quality Act (CEQA); the Council's action on February 4, 2004, and previous filing of a Notice of Exemption is not legal under CEQA; and presented his own letter to the City Clerk further defining the issues. Mr. Whitaker provided the City Clerk with a petition with over 1,500 signatures supporting continued maintenance and non - removal of the Pepper trees on High Street. Ms. Lindley stated she had viewed correspondence provided by Councilmember Parvin, of a letter dated in the 1980's and another dated in the 1990's. She continued by stating, the first letter was from the County of Ventura, written to its own Commission, indicating the City of Moorpark had adopted its own ordinance and outlined the differences between the County and City ordinances; the second letter informed the Moorpark City Council of the option to use the County's Historical Commission as its advisory body; and she stated she is not aware the City took such action. Ms. Lindley stated her interpretation of this correspondence does not agree with the speaker's interpretation. She also stated she had a discussion with a County staff person who stated the County has no jurisdiction over anything within the City. In response to Mayor Hunter, Ms. Lindley stated she did not know if the historical status expires; but she does know the County's jurisdiction over the trees ended when the City incorporated; she did provide the Council with a Box Item clarifying the fact that she misspoke when she indicated she had filed a Negative Declaration and had Minutes of the City Council Moorpark, California Paqe 4 February 18, 2004 instead, filed an Emergency Exemption back in June 2003, when this first came to Council; and had filed another Emergency Exemption after the Council's action at the meeting of February 4, 2004. Michael Caro, a Moorpark resident, spoke about adjacent neighbors who have nine barking dogs. He stated Code Compliance advised four dogs are the maximum numbered allowed on any one property. He enumerated several complaints involving the dogs; and described a recent court case where these neighbors were convicted on seven counts of violating the Moorpark Municipal Code involving animal regulation and fined $2,000.00. Mr. Caro continued by stating the same violations are continuing and he is concerned the Council's action at the October 2003, City Council meeting may change the code to allow more than four dogs on larger parcels. Mayor Hunter clarified the Council's action in October 2003, was for the Planning Commission to study the issue and report back to the Council. He assured Mr. Caro he would be notified and afforded the opportunity to testify at the Planning Commission meetings and subsequent City Council meetings regarding this subject. Bruce Thomas, a Moorpark resident, asked, in regard to Consent Calendar Item 10.D., if there is a public policy in regard to the City sponsored events such as the golf tournament. He stated people are reluctant to "give" money to a government entity; and in the absence of a public policy there is an appearance of a conflict of interest. Mr. Thomas recommended the Council adopt a public policy regarding City sponsored events. Mayor Hunter stated the Council would discuss this suggestion when Item 10.D. is pulled from the Consent Calendar. Michael H. Wesner, a Moorpark resident and also the Chair of the Moorpark College Foundation, which raises funds for the college, described collaborating with other community colleges to raise money without working at cross purposes by sponsoring events at the same time and using the same vendors. He stated a collaborative effort can result in raising more money than individual efforts; and suggested the City join together and use the Foundation's expertise to enhance their golf tournament. Mr. Wesner also stated Minutes of the City Council Moorpark, California Page 5 February 18, 2004 he is a member of Kiwanis, which supports scholarships for students and they too would be willing to partner with the City on this event, which would provide the giver with a tax incentive since they are a non - profit organization. Don Moore, a Moorpark resident, and President of the Board of Directors of the Boys & Girls Club of Moorpark stated he is not thrilled with competing with the City to raise money. He suggested the Boys & Girls Club give the City the $5,000.00 it has established as the goal for the scholarships; and in return, allow the Boys & Girls Club to use the City's discount at Toll Brothers for their golf tournament. He continued by stating even though the City's goal for scholarships is a good one, there are advantages for the Club to sponsor this event since it would use all 150 slots, while the City only anticipates having 80 golfers; the City will not have to dedicate staff time to the project, and the same sponsors would not be squeezed for contributions. Randy Wheeler, a Moorpark resident, representing the Chamber of Commerce as a Board Member, stated they too would not like to see an additional tournament competing for the scarce source of funds in the community; the Chamber has a golf tournament scheduled within a week of the City's tournament date; and they too would like to partner with the City to manage or maintain this golf tournament. Virginia Hayward, President and Chief Executive Officer of the Moorpark Chamber of Commerce, stated she is speaking on behalf of the businesses in Moorpark who would like to partner with the City in sponsoring the golf tournament. Gary Cabriales, a Moorpark resident, representing the American Cancer Society's Moorpark Relay for Life 24 -hour fund raiser, thanked the City, Council, and City staff for their good works and past support of the American Cancer Society and the Moorpark Boys and Girls Club. He stated the City's sponsorship of this golf tournament gives him an uneasy feeling due to the perception the City is getting into the fund - raising business. Mr. Cabriales continued by stating, as a taxpayer, he is concerned six to ten City staff members will be spending from one hundred to two hundred -hours over a two to three -month period of time to organize such an event; the City's event will dilute the dollars available in the City for fund raising; and he Minutes of the City Council Moorpark, California Page 6 February 18, 2004 would like to see a partnership with any of the organizations represented tonight, resulting in no cost or effort on the part of the City. Lyle Pennington, a Moorpark resident, reiterated previous speakers' comments regarding the golf tournament and stated he has been involved with the Boys & Girls Club golf tournament for about 10- years; he was the co -chair of the Rotary /Packers Tournament at Wood Ranch, which was a partnering of the Packers organization with Rotary; and he can identify the countless hours needed to organize tournaments, gain sponsors, gather donations for auctions, and then execute a tournament. He stated the money produced by these tournaments is used to run programs offered by the Boys and Girls Club or donated to other organizations within the community to benefit the children of Moorpark. Mr. Pennington stated he was shocked when he heard about the City's tournament, as there are a finite number of sponsors in the community; one more tournament dilutes the efforts of all; and collaboration between the City and non - profit organizations is the operative way to go. Patty Waters, a Moorpark resident, representing the Boys & Girls Club of Moorpark, thanked the Council for their past support; enumerated the accomplishments and impacts that support has had on the children; and asked the City to consider not competing with their tournament. She stated she hopes the City will take the agreement with Toll Brothers and use it to benefit the whole community. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 8:02 p.m. The City Council meeting reconvened at 8:03 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mayor Hunter requested Items 10.C., 10.D., and 10.E. be pulled from the Consent Calendar for individual discussion with Item 10.D. to be heard immediately preceding Presentation /Action /Discussion. Staff requested Item 10.F. be pulled from the Consent Calendar for individual discussion. Minutes of the City Council Moorpark, California Page 7 February 18, 2004 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: None. 8. PUBLIC HEARING: None. AT THIS POINT in the meeting Item 10.D. was heard. 10. D. Consider Resolution Amending the Fiscal Year 2003/04 Budget by Appropriating Funds for the City's First Annual Youth Scholarship Golf Tournament. Staff Recommendation: Adopt Resolution No. 2004- ROLL CALL VOTE REQUIRED Mr. Kueny stated it was never staff's intent to compete with the non - profits; many good comments were made during Public Comments; it has been a long standing goal of the City to have a funding source to provide low- income families the opportunity to participate in some of the fee based programs; and that is a noble goal. He indicated the materials for the tournament have already been published; and they already have $6,000 in sponsorships. In response to Mayor Hunter, Mr. Kueny stated collaborating with one or more of the organizations is a good suggestion, especially with the Boys and Girls Club, since both the City and the Boys and Girls Club serve the same population of children. In response to Mayor Hunter's suggestion for the possibility of implementing a master community calendar to avoid conflicts in scheduling of events, Mr. Kueny stated it would have merit. Councilmember Harper stated a master calendar could easily be created electronically using Microsoft Office. He also stated he liked the suggestion of partnering with the Boys and Girls Club since they would guarantee the $5,000.00 in scholarship money, staff time would be minimized, and the event would automatically be a success due to the experience of the existing group. Minutes of the City Council Moorpark, California Page 8 February 18, 2004 Councilmember Parvin stated she had received several calls from citizens who had received invitations to the City's event. She had not been informed ahead of time about the event; and if she had been, she could have avoided having all these speakers as she would have recognized the conflict immediately. Councilmember Millhouse called attention to the number of speakers on this issue and commended them as the behind - the - scenes people who make Moorpark a great community. He stated he was aware the City had an agreement with Toll Brothers; but was not aware of the scheduling or features of the planned tournament. Councilmember Millhouse recommended the City develop a policy on how a partnership with an organization should be decided and what kind of cost sharing would be involved; and indicated he would be willing to sit on a committee to work on this proposal. He concurred a master calendar would be helpful. Councilmember Mikos expressed her appreciation to all of the speakers for sharing their concerns and for their acknowledgement it was not the City's intent to create a conflict. She stated the idea of partnering is a good idea, but not necessarily with the same group each time so different people in the community can participate; the dollar goal should continue to grow each year as the need will continue to grow; and a master calendar should be discussed with the City's website staff. In response to Councilmember Parvin's suggestion to involve the Parks and Recreation Commission, Mayor Hunter stated discussions will include financial matters and policy issues and including the Parks and Recreation Commission may tend to slow down the process and it would be better to get together with the non - profit groups right away and select a new date. Mayor Hunter recommended the date for the tournament be removed from May 14th' and since matters of finance and policy are involved, the Budget and Finance Committee should work on a recommendation on how to proceed. He continued by stating the Committee would then come back to Council with their recommendations; Minutes of the City Council Moorpark, California Paae 9 February 18, 2004 and at that same time, staff should present ideas for the master calendar of events of interest to the entire community and to be administered by staff. Councilmember Harper stated as a member of the Budget and Finance Committee he would very much like to work on this, but it would need to be soon as sponsors have already signed up. CONSENSUS: It was the consensus of the Council to: 1) Refer this matter to the Budget and Finance Committee to discuss a sharing arrangement with a local non - profit organization, select a new date for the tournament, and report back to Council within 30 -days; and 2) Direct staff to present a report on the development of a master calendar listing events of interest to the community to avoid overlap of activities. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Presentation by Representative from the Ventura County Transportation Commission (VCTC). Councilmember Millhouse, Chair of VCTC, stated the status of the State budget and lack of any funding for improvements to roadways and mass transit systems, along with the threat to local funds, has generated discussion and consideration of the idea of a potential local sales tax measure. He stated the guest speakers will provide information on the status of County projects; discuss the impacts from the lack of Federal and State funding; and will answer any questions. Ginger Gherardi, Executive Director of VCTC gave a presentation on traffic congestion affecting Ventura County. She provided the Council with a draft initiative proposed for the November 2004 ballot to enact a one -half cent sales tax, which would generate 50- million dollars a year with 40o to be allocated for State Highways, 30o to Transit, and 30% to Local Streets, all to be used for improvements in Ventura County. She stated Ventura County is the only area in Southern California that is not paying a sales tax to support transportation; without the funds generated from the proposed sales tax the widening of Highway 23, Highway 118, and Lewis Road leading to the campus Minutes of the City Council Moorpark, California Paqe 10 February 18, 2004 of California State University, Channel Islands will be delayed; and it is unknown when U.S. Highway 101 will experience any relief from congestion. Ms. Gherardi continued by stating without the sales tax revenue the widening of Highway 23 will be delayed until 2013, the widening of Highway 118 between Tapo Canyon in Simi Valley and New Los Angeles Avenue in Moorpark will be delayed until 2021, and the widening and improvements to U.S. Highway 101 will not be implemented until 2048. She also stated if the sales tax initiative were to be approved by the voters, work on Highway 23, Highway 118, and Lewis Road would go to construction within six months. In response to questions from Council, Ms. Gherardi stated the improvements delayed until 2048 for U.S. Highway 101 from the Los Angeles County line to Santa Barbara County line were to include inside widening within the existing right -of -way and interchange improvements; the improvement to Highway 118 would be the addition of one more lane from Los Angeles County line to Tapo Canyon; and unfortunately there has been a delay in Caltrans' completion of construction designs for the improvements from Tapo Canyon to Moorpark; Moorpark's share of the tax revenue created by the proposed sales tax would be $654,000.00 with the per capita share updated each year; the PowerPoint presentation will be available on VCTC's website; the passage of this initiative does not impact State money owed to local governments for these projects; and there is enough right -of -way to add a second railroad track in Ventura County. Councilmember Millhouse stated with the funding crisis there is no revenue to fund transit; this measure will fund not only roadways, but mass transit, bike lanes, and amenities for pedestrians; there is a 1% cap on spending for administration; the money will stay locally in Ventura County; and an oversight committee will perform yearly audits making sure the funds are not wasted. Ventura County Board Supervisor Steve Bennett, new Chair of the VCTC, stated the Board of Supervisors has been working toward creating an Open Space District, which the voters were in favor of in 1998; polls indicate 70% of citizens would support a sales tax for Minutes of the City Council Moorpark. California Paae 11 February 18, 2004 Open Space; a committee has been appointed and has reached a consensus targeting the November 2004 election for the sales tax initiative for Open Space; having two tax initiatives on the same ballot weakens both; a two - thirds vote is required and very difficult to gain, so it is important not to create credible opposition to either of the two measures; and it will be important to find a compromise solution, possibly a blending of one - eighth cent for Open Space and three - eighths for transportation. He further stated Ventura County is the only county in the State of California that has embraced Save Our Agricultural Resources (SOAR) initiatives wholeheartedly; and VCTC will be spending funds on an educational campaign on these issues. In response to Mayor Hunter, Mr. Bennett stated he believes the follow -up poll conducted in March 2004 will contain the compromise proposal. In response to Mayor Hunter, Ms. Traffenstedt stated there were no other speakers for this item. Councilmember Harper stated Supervisor Bennett's suggestion is excellent and should be agendized so the Council could discuss it. In response to Councilmember Mikos, Ms. Gherardi stated if the compromise measure were to pass and only three - quarters of a million dollars goes towards transportation, the three projects in the eastern portion of the County would still start within six months; however, funding for U.S. Highway 101 would be dropped and there would be less money for other projects. AT THIS POINT in the meeting a recess was declared. The time was 8:59 p.m. The meeting reconvened at 9:18 p.m. B. Consider Resolution Establishing Design Guidelines for Photovoltaic and Other Solar Energy Systems on New Construction and Existing Facilities within the City. Staff Recommendation: Adopt Resolution No. 2004 -2169. Mr. Wolfe gave the staff report. Minutes of the City Council Moorpark, California Paae 12 February 18, 2004 In response to questions from Councilmember Harper, Mr. Wolfe stated repair or removal of non - functional solar systems will be a problem in certain areas of the City where the units are older and have deteriorated; the intent of these guidelines is to maintain the visual impact of these systems and as long as they appear to be visually functional there would be no problem; staff does recognize to be effective, the solar panels must be installed to face south and under the California Solar Rights Act the City can effect the placement of these units in a location that does not impede the efficiency of the unit by 200; it is not the City's intent to impede the installation of these systems; typically solar contractors approach the City for direction on the placement of these systems and will attempt to hide the units as best they can; and the City is cautious in regard to extending the amount of time a contractor must spend calculating for alternative placement, since increasing the installation cost of a system by more than 20% would also violate the California Solar Rights Act. Councilmember Harper stated he is concerned Item 11. will cause a massive code enforcement issue, as the solar units in the Mountain Meadows tract are older and the membrane covering them has been ripped by winds; and staff should be aware many hundreds of units will have to be replaced almost immediately, at significant cost to the residents. In response to Councilmember Parvin, Mr. Wolfe stated it is not the intent of these guidelines for the applicant to obtain approval from adjacent residents for the placement of solar units; currently staff visits the site and assesses the visibility factor prior to approving an application; the intent of these guidelines is to give the City the authority to exercise what limited rights the City does have under the California Solar Rights Act to place these in the least visibility intrusive location; enforcement for non -use will be difficult; however, signs of non -use will become apparent over time; and if the Council desires Item 11. may be re- worded to read "well - maintained" rather than "non- functional ". Minutes of the City Council Moorpark, California Paae 13 February 18, 2004 Mr. Kueny stated Item 11. can be removed, as there are applicable codes for commercial and industrial projects in the conditions of approval that would address this concern. In response to Councilmember Mikos, Mr. Kueny stated for residential areas the appearance of the units becomes a property maintenance issue when these properties are sold. In response to Mayor Hunter, Mr. Wolfe stated these Guidelines are being proposed in the form of a Resolution to establish a policy rather than as a rule to be imposed under an ordinance; and the mandatory language contained in the Guidelines is more for staff to use when reviewing and approving the requests as they are taken in over the counter. In response to Mayor Hunter, Mr. Kueny stated the use of the mandatory "shall" is appropriate, which is analogous to what will be used in the formal Landscape Guidelines the Council will be adopting in the near future; the Photovoltaic Guidelines are intended for both the applicant and staff to use to determine if an installation meets the intent of the Guidelines; and if a disagreement evolves an appeal can be filed. In response to Mayor Hunter, Mr. Montes stated to the extent a project is conditioned to comply with the Guidelines, the Municipal Code makes violation of a condition of approval a violation of the Municipal Code; and it appears staff intends to make these standard conditions. Mayor Hunter recommended the word "guidelines" be replaced with "standards" throughout the document. In response to Councilmember Millhouse, Mr. Kueny stated this item is presented in response to Council's direction of June 2003, when photovoltaic systems were first presented; and addresses what latitude staff does have regarding their installation. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers for this item. Minutes of the City Council Moorpark, California Page 14 February 18, 2004 In response to Councilmember Harper, Mr. Wolfe stated No. 8 can be clarified to indicate in the event solar equipment is not situated on the main structure, it would be considered an accessory structure. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to adopt Resolution No. 2004 -2169, as amended, to remove No. 11.; clarify the language of No. 8 as determined by the City Attorney and Community Development Director; and change the wording throughout from "guidelines" to "standards ". The motion carried by voice vote 4 -1, with Councilmember Millhouse dissenting. C. Consider Status Report on Mission Statement, Priorities, Goals and Objectives for Fiscal Year 2003/2004 and Direction for Fiscal Year 2004/2005. Staff Recommendation: Direct staff as deemed appropriate. Mr. Kueny gave the staff report. He corrected the statement on stamped page 13, stating Item 13. concerning utility undergrounding projects is still a Potential Objective. In response to Council questions, Mr. Kueny stated under Goal B. Number 14., there has been no work on the design and construction of electrical systems for decorative lighting on High Street; and on Number 15., the security wall can be constructed at the Metrolink property by the end of this year and work is on -going to obtain funding for surveillance cameras; under Goal D. Number 12., the SDI parcels are pending new Flood Insurance Rate Maps to see their effect on these parcels; under Goal G. Number 23. staff has started preliminary work on the Specific Plan for the Virginia Colony area; under Goal E., in regard to the Skate Park, a landscape architect will be requested to perform a tree study on the property and staff also wants to look at working with the adjacent school, relative to reciprocal parking; the undergrounding of utilities on Tierra Rejada Road is addressed in Number 3. on stamped page 14 for developing funding sources and priorities; in regard to Number 5. of Additional Objectives on stamped page 14, staff is working with the Pardee development to provide sureties, which would guarantee the grading for the rights -of -way for both State Routes 23 and 118 within Specific Plan 2, Minutes of the City Council Moorpark, California Paqe 15 February 18, 2004 and to pay approximately $250,000 towards the Environmental Impact Report effort the City will manage; and Number 16. of Potential Objectives to improve the west City entry does not include signage. In response to Councilmember Mikos, Mr. Gilbert stated under Goal C. Number 4. the only remaining obstacle to moving forward with the improvements to Los Angeles Avenue (East) from Condor Drive west to Spring Road is the legal description of the temporary construction easements and rights -of -way certifications due from the design engineer. Mr. Kueny stated staff will provide a Box Item report to Council with the time line. In response to Mayor Hunter, Mr. Gilbert stated under Goal F. Number 24., other cities have been surveyed for their experience in implementing in -house processing of parking citations and staff is still searching for an appropriate, cost effective program. He continued by stating, the current system, of using the City of Thousand Oaks as a contractor, is working well, but staff is exploring whether it can be done better and cheaper in- house. In response to Mayor Hunter's recommendation to change the wording of Number 21. under Goal G., to refer to installing "median improvements" rather than "landscaping ", to eliminate the expectation landscaping would be immediate, Mr. Kueny stated staff would consider that, but staff is exploring the ability of installing trees with drip irrigation to get a head start even though the full landscaping will be delayed. Mayor Hunter stated it is healthy to have this discussion on this document, but the best discussion will be in May or June when the 2004/2005 budget is developed. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers for this item. CONSENSUS: It was the consensus of the Council to keep the Top 10 Priorities as listed with Modification to Department Goals and Objectives Item G. Number 21. to reflect "Median Improvement" rather than "Landscaping ". Minutes of the City Council Moorpark, California Paqe 16 February 18, 2004 10. CONSENT CALENDAR: AT THIS POINT in the meeting, Items 10.C., 10.E. and 10.F. were pulled for individual consideration. Item 10.D. was heard earlier in the meeting. C. Consider Approval of Desian and Specifications for the Villa Campesina Park Improvements and Waiver of Purchasing Procedures. Staff Recommendation: Approve the design and specifications for the Villa Campesina Park improvements, waive the City's formal purchasing procedures, and authorize the City Manager to execute the play equipment purchased under the Colton Unified School District's contract with Dave Bang and Associates. Councilmember Millhouse stated he had this item pulled to compliment Mary Lindley and her staff for the improvement at Villa Campesina Park. E. Consider Authorization to Advertise for Receipt of Bids for the Civic Center Driveway Improvement Project (Project 8053). Staff Recommendation: 1) Approve the plans and specification and authorize staff to advertise for receipt of bids. Mayor Hunter stated he was concerned with the source of funds for this item and recommended one -third of the money be obtained from the Redevelopment Agency with only two - thirds coming from the General Fund. Mr. Kueny concurred and stated a Resolution would return to Council reflecting that change. In response to Councilmember Mikos, Mr. Kueny stated now that the estimate is double what was original proposed, it is timely to consider the Mayor's suggestion. In response to Councilmember Harper, Mr. Kueny stated an area of contribution fund would not be applicable, since it is a benefit to the Community Center site rather than a roadway. Minutes of the City Council Moorpark, California Page 17 February 18, 2004 CONSENSUS: It was the consensus of the Council to direct staff to return with an appropriation to use one -third Redevelopment Agency monies and only two - thirds General Fund monies for this project. F. Consider Modification to Provide a Double Left -Turn Lane on Spring Road at Tierra Rejada Road and Resolution Amending the Fiscal Year 2003/04 Budget for Project 8055. Staff Recommendation: 1) Approve design Option 2 and direct staff to proceed with the final design for the project. Mr. Gilbert gave the staff report and stated the recommendation on page 80 is different from the title of this item as staff is not recommending creating a project at this time, but rather concentrating on the design concept. In response to Councilmember Millhouse, Mr. Gilbert stated cross - hatching in lieu of closing the left -turn pocket is not a good design; however, the roadway could be widened to accommodate this at a cost of several hundred thousand dollars. Councilmember Harper stated he visits this center regularly and this left -turn pocket is not needed, as there are alternative entrances to the center traveling from all directions. Donald J. Howard, representing the property owner Marketplace Properties, 13522 Newport Avenue, Tustin, California, stated a lot of effort went into the design of this center in regard to ingress and egress and asked that further study be given to alternatives as the Rite Aide drive - through was designed for that left -turn pocket. In response to Mayor Hunter, Mr. Howard stated they hoped they could take more time to look at the proposals, as they were not aware of this change until they received the staff report. Councilmember Millhouse recommended Marketplace Properties have their traffic consultants conduct a study of alternatives and return to Council with their recommendations. Minutes of the City Council Moorpark, California Page 18 February 18, 2004 A discussion followed among the Councilmembers and Mr. Howard focusing on the location of the drive - through; the option to use the drive -way on Tierra Rejada Road rather than Spring Road; the cars stacking up on Spring Road into the travel lane as they wait for the left -turn signal, is a much larger danger than hazards to children at Kindercare due to a change in driveways; the signal modification to move traffic out of town on Tierra Rejada Road in a more efficient manner in the a.m. and p.m. hours has created this problem due to the volume of traffic waiting to turn left from Spring Road; Option 1 is not cost effective, as it allows for stacking of only three additional cars; Marketplace Properties has only known about this for two weeks; an alternative would be to refer the matter to the Transportation and Streets Committee to meet with Marketplace Properties' traffic engineer for discussion; or allow two weeks for study and have the item return to Council. Mr. Howard stated he appreciates the suggestion and concurred they could return by March 3, 2004, with a recommendation. Councilmember Harper stated this center works very well with the neighborhood and he would appreciate if Marketplace Properties were to return to request a modification to their hours of operation to afford more accessibility. Mr. Howard stated they are complying with the Ordinance, but would be happy to accommodate such a request if there has been a change in the code. CONSENSUS: It was the consensus of the Council for this item to return on March 3, 2004, allowing Marketplace Properties the opportunity to present alternatives developed by their traffic engineers with receipt of a recommendation due no later than Friday, February 27, by 5:00 P.M. MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. Minutes of the City Council Moorpark, California Page 19 February 18, 2009 A. Consider Approval of Minutes of Regular Meeting of January 21, 2004. G. Staff Recommendation: Approve minutes Consider Approval of Warrant Register for Fiscal Year 2003 -2004 - February 18, 2004. Manual Warrants Voided Warrant Payroll Liability Warrants Regular Warrants Staff Recommendat $ 0.00 $ 0.00 115253 - 115257 $ 2,645.28 115258 - 115353 & $ 691,242.06 115354 - 115362 $ 113,709.57 ion: Approve the warrant register. Consider Authorization to Process Documents Related to Right -of -Way Acquisition for the Spring Road Widening Project. Staff Recommendation: 1) Authorize the City Manager to execute documents related to the acquisition of certain street rights -of -way and related property rights required to construct the subject project and authorize the City Clerk to record Certificate of Acceptance for the deeds for said properties. H. Consider Request for the Formation of Assessment District AD04 -1 ( Colmer Development - Tract 5307) and Resolution Initiating the Proceedings for Same. Staff Recommendation: 1) Accept and approve the Petition and Waiver from Colmer Development requesting the formation of Assessment District AD04 -1; 2) Accept and approve the Petition and Waiver from the Moorpark Redevelopment Agency requesting formation of Assessment District AD04 -01; and 3) Adopt Resolution No. 2004 -2170 initiating process required for the formation of AD04 -1. Minutes of the City Council Moorpark, California Page 20 February 18, 2004 I. Consider Approval of the 2004 Agreement for Services with the Moorpark Chamber of Commerce. Staff Recommendation: 1) Approve and authorize the City Manager to sign the 2004 Agreement for Services between the City of Moorpark and the Moorpark Chamber of Commerce; and 2) Authorize funds provided by the City based on this agreement be released upon its approval by the City Council. J. Consider Resolution Amending the Fiscal Year 2003/04 Budget to Complete the Purchase of the Property Located at 412 Poindexter Avenue. Staff Recommendation: Approve the use of Park Bond Funds and funds from the City Park Improvement Fund - Central Zone, to purchase the property at 412 Poindexter Avenue, as outlined in the agenda report, and adopt Resolution No. 2004 -2171, amending the FY 2003/04 budget to appropriate the necessary funds. ROLL CALL VOTE REQUIRED 11. ORDINANCES: None. 12. CLOSED SESSION: Mr. Kueny requested the City Council go into closed session for Items 12.A. (one case) and Item 12.F. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adjourn to closed session for a discussion of Item 12.A. (one case) and Item 12. F. on the agenda. The motion carried by unanimous voice vote. The time was 10:26 p.m. The Council meeting reconvened into open Councilmembers present. was recessed at 10:26 p.m. and session at 10:33 p.m. with all Mr. Montes announced the facts and circumstances creating significant exposure to litigation consist of written communications and telephone calls from the Grand Jury. A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) Minutes of the City Council Moorpark, California Pane 21 February 18, 2004 F. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code Section 54957) Title: Assistant City Manager, Assistant to City Manager /City Clerk, City Manager, City Attorney, City Engineer, Chief of Police, Administrative Services Director, Community Development Director, Community Services Director, and Public Works Director 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; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened into open session at 11:13 p.m. Mr. Kueny stated one case under Item 12.A. was discussed and there was no action to report. He further stated Item 12.F. was not discussed. 13. ADJOURNMENT: Mayor Hunter adjourned ATTEST: S. I. Deborah S. Traffenst4dt City Clerk