HomeMy WebLinkAboutMIN 2005 0202 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California February 2, 2005
A Regular Meeting of the City Council of the City of Moorpark
was held on February 2, 2005, in the Council Chambers of said
City located at 799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Mayor Pro Tempore Harper called the meeting to order at
7:17 p.m.
2. PLEDGE OF ALLEGIANCE:
John Roberts, former Parks and Recreation Commissioner, led
the Pledge of Allegiance.
3. ROLL CALL:
Present: Councilmembers Mikos, Millhouse, Parvin,
Mayor Tempore Harper and Mayor Hunter (7:25
P.M.)
Staff Present: Steven Kueny, City Manager; Joseph Montes,
City Attorney; Kenneth Gilbert, Public Works
Director; Mary Lindley, Community Services
Director; Barry Hogan, Community Development
Director; Brad Miller, City Engineer;
Captain Richard Diaz, Sheriff's Department;
Johnny Ea, Budget & Finance Manager; John
Brand, Senior Management Analyst; Deborah
Traffenstedt, Assistant to City Manager /City
Clerk; and Maureen Benson, Deputy City
Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
A. Certificate of Recognition of John Roberts as Moorpark
Police Department's 2004 Volunteer of the Year.
Mayor Pro Tempore Harper presented John Roberts with a
certificate of recognition as Moorpark Police
Department's 2004 Volunteer of the Year; and Captain
Richard Diaz presented him with a plaque honoring him
for his dedication to the volunteer program.
Minutes of the City Council
Moorpark, California Page 2 February 2, 2005
B. Proclamation Recognizing February 2005 as Interface
Children Family Services and United Way of Ventura
County 2 -1 -1 Month.
Mayor Pro Tempore Harper presented Eve Liebman,
Campaign Division Director from United Way with a
proclamation recognizing February 2005 as Interface
Children Family Services and United Way of Ventura
County 2 -1 -1 Month.
Ms. Liebman gave a presentation on the services
provided by the new 2 -1 -1 service and then presented a
plaque to the City of Moorpark honoring the employee
contributions of over $5,100 to United Way for 2004-
2005 campaign.
AT THIS POINT in the meeting Mayor Hunter arrived. The time was
7:25 p.m.
5. PUBLIC COMMENT:
Nancy Bowden, a Moorpark resident, asked the Council to
look into the situation of traffic congestion created by
the traffic signal at Casey Road affecting access to Walnut
Canyon School.
Raymond Hebel, a Moorpark resident, spoke on behalf of his
fellow neighbors affected by adjacent truck traffic on
State Route 118 and the need for a sound barrier /protection
wall.
Gerald Goldstein, a Moorpark resident, spoke in regard to
enforced cleanup of his property.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Councilmember Parvin requested a status on Caltrans'
pothole repair on Los Angeles Avenue stating it is very
dangerous with traffic swerving to miss the holes.
Mayor Hunter asked Mr. Gilbert to contact Caltrans on
behalf of the City Council to request the repairs be made
correctly.
Minutes of the City Council
Moorpark, California Page 3
February 2, 2005
Councilmember Millhouse stated Caltrans funding from the
State has been reduced and that is why Measure B was placed
on the 2004 November ballot; and stated he will also talk
to Caltrans.
Councilmember Harper requested a Metrolink spokesperson be
scheduled for a future agenda to discuss the recent train
derailment tragedy in Glendale; how to prevent future such
incidents; and what can be done to make train travel safer.
Councilmember Millhouse went on to commend the heroic
efforts of the Metrolink engineer who took the few seconds
he had to warn travelers of the impending impact, resulting
in many lives saved.
Mayor Hunter asked staff to provide the Council with a mail
box item report on this subject and when this can be
agendized to allow extra time for a presentation from
Metrolink.
8. PUBLIC HEARING:
None.
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider Alternative Recommendation for the Ventura
County Library District Structure and Financial
Policies. Staff Recommendation: Make no changes to
the City Council's October 6, 2004, action.
Ms. Lindley gave the staff report.
In response to Mayor Hunter, Ms. Traffenstedt stated
there were no speakers.
Councilmember Harper suggested a possible compromise
endorsement of Option 4 with the understanding that
Moorpark's base would be increased to 54 -hours of
operation.
Councilmember Millhouse stated possibly working with
the Moorpark Unified School District and Moorpark
College would better serve our community.
Minutes of the City Council
Moorpark, California Page 4 February 2, 2005
Mayor Hunter concurred with Councilmember Harper's
suggestion and offered an intermediate step of
releasing only 50% of the unincorporated property tax
back into the system to see if it stimulates other
libraries.
Mr. Kueny stated Councilmember's Harper's 54 -hour
proposal would change the Memorandum of Understanding.
Councilmember Mikos stated the consultant indicates
the MOU was not a good idea and she recommends
exploring the use of a Joint Powers Authority.
MOTION: Mayor Hunter moved and Councilmember Harper
seconded a motion for Library Commission funding with
service levels of Option 4 along with an amendment to
relinquish no more than 50- percent of property tax revenue
from the County unincorporated areas; to discuss overriding
the current Memorandum of Understanding governance in favor
of a Joint Powers Authority; and to explore alternative
forms of library service including discussions with
Moorpark College and the Moorpark Unified School District.
Councilmember Parvin stated she did not see the
necessity of having to include discussions with the
college and school district in the motion.
AMENDMENT TO PRIOR MOTION: Mayor Hunter amended his prior
motion and Councilmember Harper seconded the amendment to
the prior motion to withdraw the reference to discussions
with Moorpark College and the Moorpark Unified School
District. The amended motion carried by voice vote 4 -1,
with Councilmember Millhouse dissenting.
MOTION: Councilmember Harper moved and Mayor Hunter
seconded a motion proposing a future agenda item to form an
ad hoc committee to explore alternative forms of library
service including discussion with Moorpark College and the
Moorpark Unified School District. The motion carried by
unanimous voice vote.
AT THIS POINT in the meeting the Council declared a recess. The
time was 8:43 p.m. The Council reconvened at 8:54 p.m.
B. Consider Resolution Authorizing the City Manager to
Enter into an Agreement with the Ventura County Area
Agency on Aging for the Operation of the Moorpark
Minutes of the City Council
Moorpark, California Page 5 February 2, 2005
Senior Nutrition Program. Staff Recommendation:
Adopt Resolution No. 2005 -2287.
Ms. Lindley gave the staff report and amended the
title of the Resolution.
In response to Mayor Hunter, Ms. Traffenstedt stated
there were no speakers.
MOTION: Councilmember Millhouse moved and Councilmember
Parvin seconded a motion to adopt Resolution No. 2005 -2287,
as amended to correct the title. The motion carried by
unanimous voice vote.
C. 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
direct staff to forward them to VCTC prior to the end
of the public comment period.
Mr. Brand gave the staff report.
Steve Ducharme, a
to the new Ventura
his electric wheel
too short.
Gerald Goldstein, a
to handicap access
and the lack of
Ventura County.
Moorpark resident, spoke in regard
County buses' inability to support
chair as the handicapped lift is
Moorpark resident, spoke in regard
to buses for those using walkers
any continuous bus route through
MOTION: Councilmember Mikos moved and Councilmember
Millhouse seconded a motion to send a comment letter to
VCTC to include the unmet need for wheel chair
accessibility on new transit services. The motion carried
by unanimous voice vote.
10. CONSENT CALENDAR:
MOTION: Councilmember Mikos moved and Councilmember Parvin
seconded a motion to approve the Consent Calendar. The motion
carried by unanimous roll call vote.
Minutes of the City Council
Moorpark, California Page 6 February 2, 2005
A. Consider Approval of Warrant Register for Fiscal Year
2004 -2005 - February 2, 2005.
Manual Warrants
Voided Warrant
Payroll Liability
Warrants
118294 $ 32,444.43
$ (0.00)
118289 - 118293 $ 1,824.00
Regular Warrants 118295 - 118368 & $ 39,196.41
118369 - 118389 $ 1,057,650.02
Staff Recommendation: Approve the warrant register.
B. Consider Awarding a Contract for a Project to
Construct the Spring Road Median Landscaping North of
Second Street and to Replace the Parkway Trees on the
East Side of Tierra Rejada Road South of Courtney
Lane. Staff Recommendation: Approve the award of a
construction contract to Martinez Landscape Company
for the construction of the subject project. ROLL
CALL VOTE REQUIRED
C. Consider Continuation of Local Emergency. Staff
Recommendation: Continue the proclamation of a local
emergency.
D. Consider Approval of a Memorial Donation for
Poindexter Park and Resolution Amending Fiscal Year
2004/05 Budget. Staff Recommendation: Approve the
memorial bench donation and adopt Resolution No. 2005-
2288, amending the FY 2004/05 budget. ROLL CALL VOTE
REQUIRED
E. Consider Shadyridge Buffer Zone Vehicle Gates Moorpark
Administrative Procedure. Staff Recommendation:
Receive and file.
F. Consider Resolution Authorizing Revisions to the
City's Police Service Rates and False Alarm Bill Rates
and Rescinding Resolution No. 98 -1491. Staff
Recommendation: Adopt Resolution No. 2005 -2289.
G. Consider Approval of Plans and Specifications and
Authorization to Advertise for a Project to Construct
a Sub -Drain on Little Hollow Place. Staff
Recommendation: Approve the plans and specifications
Minutes of the City Council
Moorpark, California Page 7
February 2, 2005
for the subject project and authorize staff to
advertise for receipt of bids for construction of the
project.
H. Consider Rejection of Claims: Deborah Freeborn; Voss
Enterprises dba McDonald's Restaurant; Debbie Voss,
Interested Party - President; Fifth Avenue Cleaners
dba Linda Jean Fisher; Chol Ho Kye dba Towne Cleaners;
Steven Minor dba Sabre Mortgage; 3H Network, Inc. dba
Subway; Michelle Kay, interested party - Director of
Administration; Dave DiTomaso, Interested Party -
President; Transition Board Shop, Inc.; Mike Dillehay,
Interested Party - President; Brody Trejos, Interested
Party - Vice President and Treasurer; Robert Lerma,
Michael Lopez and Alfredo Guiterrez dba 805 Automotive
& Customs; Mike Grewal and James Wu dba Postnet; J.
Bellanca Interiors, Inc. dba Traditions; Joanne
Sheftel, Interested Party; Barbara Simmons dba
Moorpark Family Billiards; Jackie Jankowski,
Interested Party; Robert Cedano dba Roberto's Fresh
Mexican Grill; Young Chozl Kwon dba Take Sushi; Engen
Enterprises, Inc. dba Taco Bell; David A. Engen,
Interested Party; Randall Smith and Frank Cangelosi
dba Moorpark Cleaners; Moldavon, Inc. dba Pet Life;
Gary Moldavon, Interested Party; Tony Habroun and
Joann Habroun, Individually and dba Moorpark Liquor
and Jr. Market; Digital Plus One Hour Photo, Inc.;
Antoine Nazarian, Interested Party - President; Jung
Kyo Park dba BJ's Cafe; Taure Banks; Susan Banks;
Sandra Hansen; and Iron Horse Saddlery, LLC; Todd
Guillette dba Todd's Japanese Connection; Waseli Corp.
dba Two Guys from Italy; Waltrant Auer, Interested
Party; Dave Pardo, Individually; Tracy Pardo,
Individually; Dave Pardo and Tracy Pardo dba
Anderson's Jewelers; G & S Auto Services, Corp., dba
Moorpark Auto Spa & Lube Express; Mohammad Sheshebor,
Interested Party - Vice President; Eddie Gharbaghi,
Interested Party - President; Golden Choice, Inc. dba
Grinder Restaurant; Ray Yassini, Interested Party -
President; Mark Fiore, Interested Party - Manager; and
Escadrille Holdings, LLC dba Jiffy Lube #2888; Andrew
D. Hall, Interested Party; ATCO Enterprises, Inc. dba
Tobacco Zone; Sam Zayyad, Interested Party; and Gayle
Adler. Staff Recommendation: Reject the claims and
direct staff to send a standard rejection letter to
the claimants.
Minutes of the City Council
Moorpark, California Page 8
11. ORDINANCES:
None.
12. CLOSED SESSION:
Mr. Kueny requested the City Council
discussion of one case under Item
under Item 12.B. on the agenda.
February 2, 2005
go into closed session
12.A. and three cases
Mr. Montes announced that the facts and circumstances
creating significant exposure to litigation consist of
multiple claims received that relate to the Calleguas
Municipal Water District pipeline project along Los Angeles
Avenue and a written communication from the attorney
representing claimants requesting a possible tolling
agreement with the City.
MOTION: Councilmember Mikos moved and Councilmember Harper
seconded a motion to adjourn to closed session for discussion of
one case under Items 12.A. and three cases under Item 12.B. on
the agenda. The motion carried by unanimous voice vote. The
time was 9:15 p.m.
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)
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)
Present in closed session were Councilmembers Harper,
Mikos, Millhouse, Parvin, and Mayor Hunter; Steven Kueny,
City Manager; Joseph Montes, City Attorney; Kenneth
Gilbert, Public Works Director; Barry Hogan, Community
Development Director; Brad Miller, City Engineer; and
Deborah Traffenstedt, Assistant to City Manager /City Clerk.
The Council reconvened into open session at 9:57 p.m. Mr.
Kueny stated one case under Item 12.A., and three cases
under Item 12.B. were discussed and there was no action to
report.
Minutes of the City Council
Moorpark, California Page 9 February 2, 2005
13. ADJOURNMENT:
Mayor Hunter adjourned
ATTEST:
Deborah S. Traffens dt
City Clerk