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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 REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure, Section 2.8, Items to be withdrawn from the Consent Calendar shall be identified at this time.) 7.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).