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A Regular Meeting of the City Council of the City of Moorpark was held on February 6,
2008, 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 7:09 p.m.
2. PLEDGE OF ALLEGIANCE:
Joseph Montes, City Attorney, led the Pledge of Allegiance.
3. ROLL CALL:
Present: Councilmembers Mikos, Millhouse, Parvin, Van Dam, and
Mayor Hunter.
Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney;
Hugh Riley, Assistant City Manager; Barry Hogan, Deputy
City Manager; Mary Lindley, Parks /Recreation and
Community Services Director; Johnny Ea, Finance Director;
Yugal Lall, City Engineer /Public Works Director; David
Bobardt, Planning Director; Captain Jeff Matson, Sheriffs
Department; Roger Blais, Parks and Landscape Manager;
John Brand, Senior Management Analyst; Shaun Kroes,
Management Analyst; Maureen Benson, Assistant City
Clerk; and Blanca Garza, Deputy City Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
A. Introduction of New City Employee, Elizabeth Mesa, Account Technician I
in the Finance Department.
Mayor Hunter introduced Elizabeth Mesa, Account Technician I in the
Finance Department.
B. Proclamation Declaring March 8, 2008, as Arbor Day.
Mayor Hunter presented Roger Blais, Parks and Landscape Manager with
a proclamation declaring March 8, 2008, as Arbor Day.
5. PUBLIC COMMENT:
None.
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6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS /CONFERENCES ATTENDED BY COUNCILMEMBERS AND
MAYOR:
Councilmember Millhouse announced he had recently attended the Metrolink
Board of Directors Retreat, which was hosted by the City of Temecula. One item
discussed was the proposal by the Los Angeles Metropolitan Transit Agency to
gate their subway system, which may impact the Moorpark Metrolink commuters.
Councilmember Millhouse announced at the last Ventura County Transportation
Commission meeting he asked the Commission to revisit the issue of alternative
revenue sources for transportation projects in the County as there is a
tremendous need for transportation improvements, increased mass transit, and
other roadway fixes in the transit system, which lack State funding. Several
alternatives are being considered and he invited the public to participate during
this conceptual stage.
Councilmember Van Dam congratulated the Moorpark High School Academic
Decathlon Team, which is presently preparing for the State competition and has
a good chance of bringing home a national trophy. He stated any financial
support the public can offer would be appreciated.
Mayor Hunter announced the public is invited to attend a free Healthy Aging
Forum, presented by the City of Moorpark Active Adult Center, at the Moorpark
Civic Center on Saturday, February 9 from 9 a.m. - noon. The event will feature a
keynote address by Dr. Sharon Norling, who will speak ory "Natural Approaches
to Healthy Aging." The seminar will also feature a panel presentation on
"Educating Yourself Before a Crisis;" yoga demonstrations; and informational
displays. Light refreshments will be served.
8. PUBLIC HEARINGS:
A. Consider Continued Hearing on Potential Breach by Time Warner of Its
Customer Service Obligations. (continued open public hearing from
September 19, 2007) Staff Recommendation: 1) Continue to accept
public testimony and close the public hearing; and 2) Direct staff to
monitor Time Warner Cable's performance and keep the City Council
informed.
Mr. Brand gave the staff report.
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In response to Councilmember Millhouse, Mr. Montes summarized his
understanding of Time Warner's actions in regard to: 1) The City of
Moorpark's Franchise Agreement; 2) Application to the State for relief from
rate regulations and to be placed under the restrictions of the
Telecommunications Act of 2001; and 3) Submission of multiple
applications to the State for various jurisdictions to be brought under the
State's franchise, based upon their acquisition of Adelphia assets.
A discussion followed among the Councilmembers and staff regarding
steps Time Warner has taken to try to reach the City's 90% goal in regard
to the 30- second rule for customer service telephone call response time;
and Council's previous request for Moorpark- specific data on customer
service.
Mayor Hunter stated this is a continued open public hearing.
In response to Mayor Hunter, Ms. Benson stated there were no speakers.
In response to Mayor Hunter, Patricia Fregoso -Cox, Vice President of
Communications with Time Warner Cable, 41551 10th Street West,
Palmdale, California, stated she was available to answer questions.
In response to Council questions, Ms. Fregoso -Cox stated: 1) Time
Warner does not have system- specific phone statistics, but is presently
working toward getting division - specific phone statistics to cover the
Moorpark region, which includes the North Division covering the area from
the San Fernando Valley to Ventura County and all the way to Palmdale
and Lancaster; 2) The City Attorney's understanding of Time Warner's
applications to the Federal Communications Commission are correct.
Time Warner Cable is only seeking rate regulation relief. The City of
Moorpark will still have oversight over customer service standards and
Time Warner Cable will still pay franchise fees to the City of Moorpark; 3)
She will research if Time Warner Cable can bifurcate regulated and non -
regulated services, as well as their ability or inability to provide Moorpark
with specific call statistics; and 4) She will research when Time Warner
can submit a timeframe of when they anticipate achieving the 90%
standard.
In response to Councilmember Mikos, Mr. Brand confirmed Ms. Fregoso-
Cox's statement that the Franchise Agreement does not require Moorpark -
specific statistics, but they do need to provide call standards toward
meeting the 90% goal.
Ms. Fregoso -Cox introduced her colleague, Debi Picciolo, North Division
President with Time Warner Cable, 9260 Topanga Canyon Boulevard,
Chatsworth, California.
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In response to Council, Ms. Picciolo stated Time Warner can provide data
on repetitive calls which are Moorpark- specific, and additional Moorpark -
specific statistics of the entire call volume within the North Division.
In response to Councilmember Parvin and Mayor Hunter, Ms. Picciolo
stated even though the Franchise Agreement does not require it, Time
Warner will work with staff to provide reports to: 1) Indicate repetitive calls
from the same Moorpark phone numbers; and 2) Extrapolate calls from
the Moorpark zip code to include the customer's primary issue for contact.
Councilmember Millhouse stated even though the City has a very strict
Franchise Agreement, which applies some leverage over Time Warner, he
still wants to express his frustration over Sacramento and Washington
D.C. taking away local jurisdiction of the cable industry. He requested
Time Warner supply statistics on how many calls are answered within one
minute since he believes they may actually reach the 90% standard.
Mayor Hunter closed the public hearing.
MOTION: Councilmember Millhouse moved and Councilmember Parvin
seconded a motion to direct staff to monitor Time Warner Cable's performance,
obtain the Moorpark- specific reports requested by Council and keep the City
Council informed. The motion carried by unanimous voice vote.
B. Consider Proposals for Fiscal Year 2008 -2009 for $199,014 in Community
Development Block Grant (CDBG ) Funds. Staff Recommendation: 1)
Open the public hearing, accept public testimony, and close the public
hearing; 2) Refer this matter to the Council's Finance, Administration and
Public Safety Committee for preparation of a recommendation for final
appropriations for City Council consideration at the regular meeting
scheduled for March 5, 2008; and 3) Continue this item, with public
hearing closed, to the meeting of March 5, 2008.
Mr. Hogan gave the staff report.
Mayor Hunter opened the public hearing.
Jim Stueck, Past President of the Board of Ventura County Ombudsman
Program, described the hospice and assisted living facilities in Moorpark
and requested consideration for funding for the Long Term Care
Ombudsman Program. He encouraged all interested in volunteering to call
(805) 656 -1986.
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Debra Hyde described the RAIN Project and their transitional living center
for homeless families and single adults in Ventura County. Ms. Hyde
requested consideration for funding for transportation costs.
Kristy Pollard requested consideration for funding for Food Share,
specifically for their Brown Bag for Seniors Program, which provides a
supplemental bag of groceries each week to income qualifying seniors.
Ms. Pollard indicated Brown Bag Program applications may be obtained
by calling (805) 983 -7100.
Diane Scruton, Loving Heart Hospice Foundation, which is affiliated with
TLC Home Hospice and Moorpark Healthcare Center, requested
consideration for funding for low- income hospice patients so they may go
through the end of their lives pain free, with dignity and respect, while
surrounded by their loved ones.
Helen Ortega requested consideration for funding for Many Motors, a.
vehicle donation program for the needy.
Eric Dee requested consideration for funding for the Women's Economic
Ventures Organization, so they may assist women with training for self -
employment.
Moxie McMahon, Moorpark resident, spoke on behalf of the Women's
Economic Ventures Organization and described her participation in the
program. She requested consideration for funding as an investment in the
community.
Mary Anne Rooney spoke on behalf of the Women's Economic Ventures
Organization and requested consideration for funding to help women
become financially self- sufficient.
Pat Esseff, Client Services Coordinator for Catholic Charities, requested
consideration for funding support for the Food Pantry.
Councilmember Mikos requested consideration be given to assigning
more administrative dollars to the applicants.
Mayor Hunter closed the public hearing.
MOTION: Councilmember Mikos moved and Councilmember Millhouse
seconded a motion to: 1) Refer this matter to the Council's Finance,
Administration and Public Safety Committee for preparation of a recommendation
for final appropriations for City Council consideration at the regular meeting
scheduled for March 5, 2008, with the request to consider making more
administrative funds available for applicants; and 2) Continue this item, with
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public hearing closed, to the meeting of March 5, 2008. The motion carried by
unanimous voice vote.
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider Options for the Modification of Traffic Flow on Lassen Avenue
East of Sierra Avenue. Staff Recommendation: Direct staff as deemed
appropriate
Mr. Lail gave the staff report.
A discussion followed among Councilmembers and staff regarding options
to resolve the situation including: 1) Performing traffic counts in the
affected areas; 2) Revisiting the issue with Caltrans for consideration of
installing a signal light at the intersection of Shasta Avenue and Los
Angeles Avenue; 3). Restricting egress from the shopping center into the
Moorpark Estates tract; and 4) Delaying any action until the next Council
meeting.
Dara Velazquez, resident of the Moorpark Estates tract, requested no
changes to the current conditions. She stated she would use the
intersection of Los Angeles Avenue and Shasta Avenue if a traffic signal
light were installed.
A discussion continued among the Councilmembers and staff regarding
traffic flow options such as spike strips, speed bumps, bollards, or leaving
the street in its current condition.
MOTION: Councilmember Millhouse moved to: 1) Continue the item to February
20, 2008, allowing staff time to explore other remedies and also to allow
residents to provide feedback; and 2) Tentatively recommended closing
outbound traffic (westbound) from the Mission Bell Plaza into the Moorpark
Estates tract at Lassen Avenue.
Councilmember Millhouse requested staff perform a traffic count at the
various locations to provide updated information he can take to Caltrans
for their warrant study for installation of a traffic signal at Shasta Avenue
and Los Angeles Avenue.
Mr. Kueny requested the item be continued to March 5, 2008, to allow
staff more time to perform the traffic counts and to send a letter to every
address in the Moorpark Estates tract notifying them of the next meeting.
Councilmember Van Dam requested the shopping center be contacted
regarding installation of a spike barrier on their property.
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AMENDED MOTION: Councilmember Millhouse amended his motion and
Councilmember Mikos seconded the amended motion to continue the item to
March 5, 2008, and directed staff to: 1) Explore other options, including
contacting the shopping center to install a spike barrier on their property; 2)
Conduct a traffic count in this location and at Shasta Avenue and Los Angeles
Avenue to provide updated information to Caltrans for a traffic signal at Shasta
Avenue and Los Angeles Avenue; and 3) Mail notification of the March 5, 2008,
meeting to all residents of the Moorpark Estates tract. The amended motion
carried by unanimous voice vote.
B. Consider Reconsideration of City Council Action on Campus Plaza Public
Art Conceptual Design, Agenda Item 9.E. on January 16, 2008, Regular
Meeting. Staff Recommendation: 1) Consider reconsideration of Campus
Park Public Art Conceptual Design, Item 9.E. on January 16, 2008, regular
City Council meeting; 2) Consider reconsideration of vote on January 16,
2008, for Item 9.E; and 3) Consider revised Campus Park Public Art
Conceptual Design for Campus Plaza (CPD 2000 -04).
MOTION: Councilmember Millhouse moved and Councilmember Parvin
seconded a motion to consider reconsideration of Campus Park Public Art
Conceptual Design, Item 9.E. from the January 16, 2008, regular City Council
meeting and reopen the discussion of the item. The motion carried by
unanimous voice vote.
In response to Mayor Hunter, Ms. Benson stated there were no speakers.
In response to Mayor Hunter, Phil Culler, Consultant for M & M
Development, 360 Mobile Avenue, Suite 213A, Camarillo, stated he was
in agreement with the Council's consensus to reconsider Item 9.E. from
the January 16, 2008, regular City Council meeting.
A discussion followed among the Councilmembers and staff regarding the
need for public art conceptual designs to be presented in context; whether
to form an ad hoc committee to work with the applicant and the Arts
Commission; or instead have the applicant consult with two
Councilmembers. Mr. Montes confirmed a meeting with two
Councilmembers would not be a violation of the Brown Act.
Councilmembers Parvin and Van Dam offered to meet with the applicant
to discuss the proposal.
Mr. Culler requested the item be continued for 60 -days to allow time for
discussion with Councilmembers Parvin and Van Dam and the Arts
Commission.
MOTION: Councilmember Millhouse moved and Councilmember Van Dam
seconded a motion to: 1) Consider reconsideration of the vote on January 16,
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2008, for Item 9.E; 2) Direct staff to rescind the prior action and reconsider this
item on April 2, 2008. The motion carried by unanimous voice vote.
MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a
motion to direct staff to bring back a separate item to consider a policy to require
all future public art conceptual designs to be submitted with visual renderings in
context with their surroundings. The motion carried by unanimous voice vote.
C. Consider Ordinance to Renumber Section 8.52.140 to Section 8.52.180
and to Add Section 8.52.150 Business Inspections, Section 8.52.160
Business Inspection Fee and Section 8.52.170 Business Re- Inspection
Fee to Chapter 8.52 Stormwater Quality Management of Title 8 of the
Moorpark Municipal Code. Staff Recommendation: 1) Introduce Ordinance
No. for first reading, waive full reading, and schedule second reading
and adoption for February 20, 2008; and 2) Direct staff to prepare a fee
resolution to implement the new Sections and schedule for the February
20, 2008, meeting.
Mr. Kroes gave the staff report.
A discussion followed among Councilmembers and staff regarding
inspection options available and the criteria used to select the consultant
for the inspections.
In response to Mayor Hunter, Ms. Benson stated there were no speakers.
A discussion followed among the Councilmembers and staff in regard to
any notification sent to local businesses; confirmation that this is a State
mandated program with no funding source; and confirmed the City has
never assessed fees for the overall NPDES program.
Mayor Hunter proposed notifying the 140 - businesses, which will be
impacted by the proposed fee and the three options being considered; the
third option being the City continuing to pay for the fees from the General
Fund; and to return the item in 30 -days.
A discussion followed among the Councilmembers and staff regarding
inspections by City staff, by the private consultant, and the training of
inspectors, as well as adding the option for the City to pay a portion of the
fee and have the business pay a portion.
MOTION: Mayor Hunter moved and Councilmember Parvin seconded a motion
to: 1) Continue the item to April 2, 2008, with direction to staff to notice all the
businesses impacted by this fee with clarification in the letter that this is an
unfunded State mandate; and 2) Directed staff to include information in their
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eport, justifying the consultant's cost in comparison to staff's cost. The motion
carried by unanimous voice vote.
D. Consider Revisions to City Council Policy 8 — City Council Standing
Committees. Staff Recommendation: Approve revised City Council Policy
8 and direct staff to include the revised language in the next update of the
City Council's Policies Resolution.
Mr. Kueny gave the staff report.
CONSENSUS: It was the consensus of the Council to make the following
revisions:
On stamped page 103 of the agenda report, to number 1. Standing
Committees, under the Transportation and Public Works Standing
Committee paragraph, add "or may' after "may ", in the second to last
sentence.
On stamped page 106 of the agenda report, to number 8. Committee
Assignments: 1) Add "This structure is not intended to expand or enhance
Councilmembers' authority over City operations, programs or staff." after
resources, located at the end of the fourth sentence; and 2) Delete
"Committees do not have oversight of City operations, programs, or City
staff", in the second to last sentence.
On stamped page 106 of the agenda report, to number 9. Items Referred
to Committee: Delete "When determined necessary, a ", and add "A"
before "Standing Committee ", in the last sentence.
On stamped page 106 of the agenda report, to number 11. Items
Recommended by City Commissioners and Committees, add "directly"
after "forwarded ", in the last sentence.
Councilmember Mikos stated she would like to have two items added to
the Community and Economic Development Committee's assignments to
include, a residential relocation plan and a fagade rehabilitation program.
MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a
motion to: 1) Approve revisions to City Council Policy 8 — City Council Standing
Committees, as outlined in the agenda report and as revised by Council and to
include the revised language in the next update of the City Council's Policies
Resolution; and 2) Add "Residential Relocation Plan" and "Facade Rehabilitation
Program" as official assignments to the Community and Economic Development
Standing Committee. The motion carried by unanimous voice vote.
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E. Consider Status Report on Mission Statement, Priorities, Goals and
Objectives for Fiscal Year 2007/08 and Direction for Fiscal Year 2008/09.
Staff Recommendation: Direct staff as deemed appropriate.
Mr. Kueny gave the staff report.
In response to Mayor Hunter, Ms. Benson stated there were no speakers.
A discussion followed among the Councilmembers focusing on the
addition of the following objectives: 1) Holiday lighting on High Street for
next holiday season; 2) Development of an Arts Master Plan with
community input for the High Street Arts Center and art in public places;
and 3) An annual neighborhood recycling program.
MOTION: Mayor Hunter moved and Councilmember Van Dam seconded a
motion to receive and file the report.
Councilmember Parvin requested the annual neighborhood recycling
program be made a part of the motion. A discussion followed among the
Councilmembers and staff regarding the consideration of this item and the
staff recommendation.
AMENDED MOTION: Mayor Hunter amended the motion and Councilmember
Van Dam seconded the amended motion to include direction for staff to provide
either a box item communication or a future agenda item regarding an annual
neighborhood recycling program. The motion carried by unanimous voice vote.
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Councilmember Parvin moved and Councilmember Van Dam seconded a
motion to approve the Consent Calendar. The motion carried by unanimous roll call
vote.
A. Consider Approval of the Special Meeting Minutes of December 17, 2007.
Staff Recommendation: Approve the minutes.
B. Consider Approval of the Regular Meeting Minutes of January 16, 2008.
Staff Recommendation: Approve the minutes.
C. Consider Approval of Warrant Register for Fiscal Year 2007 -2008 —
February 6, 2008. Staff Recommendation: Approve the warrant register.
D. Consider Resolution Amending the Fiscal Year 2007/08 Budget to
Purchase and Install a Monument Sign at Arroyo Vista Community Park.
Staff Recommendation: Adopt Resolution No. 2008 -2679 allocating
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$12,000 from the Park Improvement Fund - Community Zone for the AVCP
sign. ROLL CALL VOTE REQUIRED
E. Consider Removal and Retention of Public Pay Phones at Certain City
Facilities. Staff Recommendation: Approve the removal and retention of
public pay phones as outlined in the agenda report.
F. Consider Resolution Amending the Fiscal Year 2007/08 Budget to
Improve the Landscaping in the Parkway Along the North Side of Tierra
Rejada Road, Between Sunset Valley Road and Miller Parkway. Staff
Recommendation: Adopt Resolution No. 2008 -2680, and authorize the
Mayor to execute an agreement with Sunridge Landscape Maintenance
Service for Zone 12 landscape improvements. ROLL CALL VOTE
REQUIRED
G. Consider Amendment to Implementation Agreement for Countywide
Stormwater Program and Resolution Amending the Fiscal Year 2007/08
Budget to Fund the Amendment. Staff Recommendation: 1) Authorize the
Mayor to sign the Amendment, subject to final language approval by the
City Manager and City Attorney; and 2) Adopt Resolution No. 2008 -2681.
ROLL CALL VOTE REQUIRED
H. Consider Resolution Amending the Fiscal Year 2007/08 Budget to
Replace the Air Conditioning Unit in the City Hall Computer Server Room.
Staff Recommendation: Adopt Resolution No. 2008 -2682. ROLL CALL
VOTE REQUIRED
Consider Resolution Establishing_ the Fine for Violations of Chapter 9.32 'L
Social Host Ordinance of the Moorpark Municipal Code. Staff
Recommendation: Adopt Resolution No. 2008 -2683. ROLL CALL VOTE
REQUIRED
J. Consider Resolution Amending the Fiscal Year 2007/08 Budaet to
Replace Lights at College View Park. Staff Recommendation: 1) Adopt
Resolution No. 2008 -2684; and 2) Authorize the City Manager to execute
an amendment to the City's Agreement with DNA for $27,151.02. ROLL
CALL VOTE REQUIRED
K. Consider Second Amendment to Professional Services Agreement
Between the City of Moorpark and AppleOne Employment Services to
Provide Temporary Staffing Services to the City of Moorpark. Staff
Recommendation: Approve Amendment No. 2 as outlined in the agenda
report and authorize the City Manager to sign Amendment No. 2 to the
Agreement.
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11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
None.
12. CLOSED SESSION:
None was held.
13. ADJOURNMENT:
MOTION: Councilmember Parvin moved and Councilmember Millhouse seconded a
motion to adjourn the meeting. The motion carried by unanimous voice vote. The time
was 9:52 p.m.
Patrick Hunter, Mayor
ATTEST:
Maureen Benson, Assistant City Clerk