HomeMy WebLinkAboutAGENDA 2004 0303 CC REGResolution No. 2004 -2172
Ordinance No. 301
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, MARCH 3, 2004
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. PROCLAMATIONS AND COMMENDATIONS:
A. Consider Proclamation Declaring March 2004 as American
Red Cross Month.
5. PUBLIC COMMENT:
(AT THIS POINT IN THE MEETING, THE COUNCIL WILL CONVENE THE
REGULAR REDEVELOPMENT AGENCY MEETING, UNLESS CANCELED.)
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
(Pursuant to Council Rules of Procedure, Section 2.8, Items
to be withdrawn from the Consent Calendar shall be
identified at this time.)
7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Any member of the public may address the Council during the Public comments portion of the
Agenda, unless it is a Public Hearing or a Presentation /Action /Discussion item. Speakers who wish
to address the Council concerning a Public Hearing or Presentations /Action /Discussion item must
do so during the Public Hearing or Presentations /Action /Discussion portion of the Agenda for that
item. Speaker cards must be received by the City Clerk for Public Comment prior to the beginning
of the Public Comments portion of the meeting and for Presentation /Action /Discussion items prior
to the beginning of the first item of the Presentation /Action /Discussion portion of the Agenda.
Speaker Cards for a Public Hearing must be received prior to the beginning of the Public Hearing.
A limitation of three minutes shall be imposed upon each Public Comment and Presentation /Action/
Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public
Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking orally for
open Public Hearings and Presentation /Action /Discussion items. Copies of each item of business on
the agenda are on file in the office of the City Clerk and are available for public review. Any
questions concerning any agenda item may be directed to the City Clerk at 517 -6223.
Regular City Council Meeting Agenda
March 3, 2004
Page 2
8. PUBLIC HEARINGS:
A. Consider Allocation of Community Development Block
Grant (CDBG) Funds of Approximately $196,980 for
Fiscal Year 2004/2005. Continued from February 4,
2004, with public hearing closed. Staff
Recommendation: Authorize the allocations recommended
by the Budget and Finance committee and staff from FY
2004/2005 CDBG funds as described in the agenda
report, including allocation of any additional CDBG
funds that may be identified once the City's
allocation amount for FY 2004/2005 is finalized. ROLL
CALL VOTE REQUIRED (Staff: Julie C.T. Hernandez)
B. Consider Reallocation of Unspent CDBG Funds from Prior
Fiscal Years 2000/2001, 2001/2002, and 2002/2003.
Staff Recommendation: 1) Open a public hearing,
accept testimony, and close the public hearing; and 2)
Authorize the reallocation of $172,495.82 unspent CDBG
funds from prior years to the Human Services Complex
project. ROLL CALL VOTE REQUIRED (Staff: Julie C.T.
Hernandez)
9. PRESENTATION /ACTION /DISCUSSION:
A. 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. Continued from February
18, 2004, taken off Consent Calendar) (Staff: Kenneth
Gilbert)
B. Consider Scheduling of Joint City Council /Planning
Commission and Joint City Council /Parks and Recreation
Commission Meetings. Staff Recommendation: Direct
staff as deemed appropriate regarding the date(s) for
the joint meetings and agenda topics to be included.
(Staff: Deborah Traffenstedt)
C. Consider New Agreement between
City and Burke,
Williams & Sorensen for City
Attorney Services. Staff
Recommendation: Approve and
authorize the
Mayor to
sign a new Agreement with
Burke,
Williams &
Sorensen
to be effective March 1,
2004,
subject
to final
language approval by the
City
Manager.
(Staff:
Steven Kueny)
Regular City Council Meeting Agenda
March 3, 2004
Page 3
9. PRESENTATION /ACTION /DISCUSSION: (continued)
D. Consider Transportation System Management (TSM) Fund
Program. Staff Recommendation: Approve the
Transportation System Management (TSM) Fund Program.
(Staff: Barry Hogan)
E. Consider Request for City Council Direction on
Specific Plan 1995 -02 (Moorpark Highlands) Processing.
Staff Recommendation: 1) Concur with staff's
determination that Condition No. CDD -45 of Resolution
2000 -1767, requiring the applicant to have a Habitat
Conservation Plan approved by the U.S. Fish and
Wildlife Service, has been fulfilled since there are
no gnatcatchers of habitat existing on site, and with
the concept that the homeowners association will
maintain ownership of and management responsibilities
for the Resource Conservation Area (RCA) as described
in the agenda report; and 2) Concur with the City
Manager's determination that the City will require the
developer to grade the SR -23 and North Hills Parkway
within the Specific Plan No. 2 boundaries, in lieu of
the acceptance of a cash payment for such
improvements; and 3) Direct staff to prepare an Early
Grading Agreement to include the provisions detailed
in the agenda report; and 4) Direct staff to execute a
contract with a consultant to prepare an Environmental
Impact Report (EIR) to evaluate the impacts of the
future SR -23 Bypass and North Hills Parkway, including
the connections of the SR -23 Bypass from the northern
boundary of the Specific Plan site to Broadway, and
from the SR -23 Bypass /North Hills Parkway intersection
on the Specific Plan site to a potential link with the
SR -118 freeway at Princeton Avenue; and 5) Direct
staff to prepare a separate agreement establishing the
timing and surety requirements for the grading of the
SR -23 and North Hills Parkway rights -of -way and
authorize the City Manager to sign the agreement,
subject to final language approval by the City Manager
and City Attorney. (Staff: Barry Hogan)
10. CONSENT CALENDAR:
A. Consider Approval of Minutes of Special Meeting of
January 21, 2004.
Staff Recommendation: Approve the minutes.
Regular City Council Meeting Agenda
March 3, 2004
Page 4
10. CONSENT CALENDAR: (continued)
B. Consider Approval of Warrant Register for Fiscal Year
2003 -2004 - March 3, 2004.
Manual Warrants
Voided Warrant
$ 0.00
113019 - 113039 $ (19.20)
Payroll Liability 115460 - 115464 $ 2,635.28
Warrants
Regular Warrants 115363 - 115459 & $ 53,042.98
115465 - 115489 $ 630,259.92
Staff Recommendation: Approve the warrant register.
C. Consider Right -of -Way Acquisition for New Los Angeles
Avenue Bridge Widening Project. Staff Recommendation:
Authorize the City Clerk to record the deed for the
subject right -of -way and the related Certificate of
Acceptance; and authorize said property to be conveyed
to the State of California (Caltrans) and for Mayor
and staff to execute all documents necessary for such
conveyance. (Staff: Kenneth Gilbert)
D. Consider Resolution Establishing "No Overnight
Parking" on City Controlled Property Along the South
Side of High Street between 68 High Street and 104
High Street. Staff Recommendation: Adopt Resolution
No. 2004 - (Staff: Hugh Riley)
E. Consider Mid -Year Amendments to 2003/2004 Fiscal Year
Budget. Staff Recommendation: Adopt Resolution 2004-
, amending the FY 2003/2004 budget. ROLL CALL
VOTE REQUIRED (Staff: Cynthia Borchard)
F. Consider Resolution Approving 401 (a) Money Purchase
Plan and Trust with the ICMA Retirement Corporation
for Designated Positions. Staff Recommendation:
Adopt Resolution No. 2004- approving a 401 (a)
Money Purchase Plan and Trust with the ICMA Retirement
Corporation for participation by the City Manager,
Assistant City Manager and Department Heads; and
authorize the City Manager to sign the Administrative
Services Agreement with ICMA -RC. (Staff: Cynthia
Borchard)
Regular City Council Meeting Agenda
March 3, 2004
Page 5
10. CONSENT CALENDAR: (continued)
G. Consider Refection of Claims: Christian, Sabrina, and
Amber Johnson. Staff Recommendation: Reject the
claims and direct staff to send a standard rejection
letter to the claimants. (Staff: Deborah
Traffenstedt)
H. Consider Claim Settlement and Mutual Release Agreement
between City and Roy Allan Slurry Seal, Inc., for the
2003 Slurry Seal Project and Claim Filed on February
2, 2004. Staff Recommendation: Authorize the City
Manager to sign a settlement and mutual release
agreement for the amount of $45,607.48, with final
language of the agreement to be approved by the City
Attorney and City Manager. (Staff: Deborah
Traffenstedt)
I. Consider Stormwater Treatment Devices Access and
Maintenance Agreement for Poindexter Properties, LLC.
Staff Recommendation: Approve the Stormwater
Treatment Device Access and Maintenance Agreement
subject to final language approval by the City Manager
and the City Attorney, and upon said approval,
authorize the Mayor and City Clerk to sign Agreement,
and the City Clerk to cause the Agreement to be
recorded in the office of the Ventura county Recorder.
(Staff: Brad Miller)
11. ORDINANCES:
None.
12. CLOSED SESSION:
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)
Regular City Council Meeting Agenda
March 3, 2004
Page 6
12. CLOSED SESSION: (continued)
C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
The Committee to Preserve Historic High Street, an
unincorporated association, and Cynthia Hollister vs.
City of Moorpark and Moorpark City Council.
D. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Government Code Section 54957.6)
Agency Designated Representative: Steven Kueny
Employee Organization: Service Employees International
Union, AFL -CIO, CLC, Local 998
E. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Government Code Section 54957.6)
Agency Designated Representative: Steven Kueny
Unrepresented employees: Accountant I, Administrative
Services Director, Assistant City Manager, Assistant
to City Manager /City Clerk, Budget and Finance
Manager, City Engineer, Community Development
Director, Community Services Director, Information
Systems Manager, Planning Manager, Principal Planner,
Public Works Director, Recreation Manager, and Senior
Management Analyst
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
13. ADJOURNMENT:
In compliance with the Americans with Disabilities Act, if you need special assistance
to review an agenda or participate in this meeting, including auxiliary aids or
services, please contact the City Clerk's Department at (805) 517 -6223. Upon request,
the agenda can be made available in appropriate alternative formats to persons with a
disability. Any request for disability- related modification or accommodation should be
made at least 48 hours prior to the scheduled meeting to assist the City staff in
assuring reasonable arrangements can be made to provide accessibility to the meeting
(28 CFR 35.102 - 35.104; ADA Title II).