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HomeMy WebLinkAboutMIN 2004 0303 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California March 3, 2004 A Regular Meeting of the City Council of the City of Moorpark was held on March 3, 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 :10 p.m. 2. PLEDGE OF ALLEGIANCE: Jeremy London from Boy Scout Troop 707 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; Barry Hogan, Community Development Director; Cynthia Borchard, Administrative Services Director; Walter Brown, Assistant City Engineer; Captain Richard Diaz, Sheriff's Department; Julie C.T. Hernandez, Senior Management Analyst; Laura Stringer, Senior Management Analyst; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Consider Proclamation Declaring March 2004 as American Red Cross Month. Mayor Hunter presented Jason Smith, Executive Director of the Ventura Chapter of the American Red Cross, and Board Member Edward Smith, with a Proclamation declaring March 2004 as American Red Cross Month. Minutes of the City Council Moorpark, California Paqe 2 March 3, 2004 5. PUBLIC COMMENT: None. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:14 p.m. The City Council meeting reconvened at 7:15 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Millhouse requested an agenda item for the next meeting to discuss options for the unused parcel of land adjacent to newly constructed buildings near Spring Road. 8. PUBLIC HEARING: 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 Ms. Hernandez gave the staff report. Mayor Hunter announced this is a closed public hearing continued from February 4, 2004. As a member of the Budget and Finance Committee, Councilmember Harper stated the only difference in the committee's recommendation from that of staff's is the City's share of the funds for our Active Adult Center staffing has been reduced by one -half, allowing more of the applicants from outside organizations to be funded; and hopefully, when the City's budget situation becomes clarified, now that the State bail- out bond has passed, all of the money will be Minutes of the City Council Moorpark, California Page 3 March 3, 2004 allocated for outside programs and the City will be able to fund the City's needs from the General Fund. Councilmember Millhouse suggested having some of the surplus funds be divided between Catholic Charities and the Coalition to End Family Violence. A discussion among the Councilmembers and staff followed focusing on the greater number of individuals served in the community by Catholic Charities than by the Coalition to End Family Violence; the amount of funding based on the numbers served seeming inconsistent, as for example when the Moorpark Symphony Orchestra receives a greater amount of funding than Youth Soccer; the unknown amount of the surplus; a compromise to wait until the amount of the surplus is known; waiting to decide resulting in the need of another public hearing; and staff's preference for Council to make a decision or carry the surplus over to the next year. Councilmember Parvin stated she was comfortable with carrying the surplus over to the next year or with the recommendation of the Budget and Finance Committee. Councilmember Mikos concurred she was comfortable with the recommendation of the Budget and Finance Committee. Councilmember Harper stated the recommendation is not to minimize the worth of other organizations, but Catholic Charities does a significant amount of work in the community, especially in feeding people and can use all the support it can get. MOTION: Councilmember Parvin moved and Councilmember Mikos seconded a motion to authorize the allocations recommended by the Budget and Finance committee 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. Councilmember Mikos stated Catholic Charities does help to provide counseling and referrals to other agencies such as the Coalition to End Family Violence; this is the first time the Coalition to End Family Minutes of the City Council Moorpark, California Paqe 4 March 3, 2004 Violence has requested funds; and she is pleased to see a new agency receive funding. Councilmember Millhouse stated he is very familiar with the works of Catholic Charities, but the Coalition to End Family Violence is only receiving $3,000.00 towards their request for $15,000.00. The motion carried by roll call vote 4 -1, with Councilmember Millhouse dissenting. 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 Ms. Hernandez gave the staff report. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mayor Hunter closed the public hearing. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to authorize the reallocation of $172,495.82 unspent CDBG funds from prior years to the Human Services Complex project. The motion carried by unanimous roll call vote. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Modification to Provide a Double Left -Turn Lane on Spring Road at Tierra Rejada Road. 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) Mr. Gilbert gave the staff report and discussed a letter received from Marketplace Properties, in which Marketplace Properties withdraws their opposition to the elimination of the left -turn access at the Rite Minutes of the City Council Moorpark, California Page 5 March 3, 2004 Aide driveway on Spring Road and expresses the hope that during the design of the additional left -turn lane the City will entertain any available options to retain the left -turn ingress into the center from Spring Road if at all possible. Mr. Gilbert corrected the schedule on stamped page 26 to reflect an additional two months. Mayor Hunter stated he was pleased the Council had given the property owners the opportunity to respond by continuing this item for two weeks; and complimented Marketplace Properties on their very nice letter. Susan Hearon, a Moorpark resident, expressed her concerns about safety issues associated with exiting Christian Barrett Drive onto Spring Road due to the volume and speed of vehicles using Spring Road to access Santa Rosa Road via Tierra Rejada Road. She suggested consideration be given to educating the public in the use of Miller Parkway as an alternative, and for installing a traffic signal at Christian Barrett Drive at Spring Road. She stated she is not opposed to the second left -turn lane, and clarified it is not the backup of vehicles making egress difficult from Christian Barrett Drive; it is the constant volume of southbound speeding traffic on Spring Road. Councilmember Millhouse stated a previous Council had approved the configuration of Miller Parkway as a single -lane in both directions in deference to the residents in and around the Miller Parkway area as a deterrent to its use as a major thoroughfare for traffic coming from Santa Rosa Road using the County's new roadway. He stated the double left -turn lane on Spring Road is expected to alleviate traffic from backing up to Christian Barrett Drive; and he suggested the Transportation and Streets Committee, of which he is a member, could look at the Christian Barrett Drive situation. Mayor Hunter stated the real problem is the County's realignment of Moorpark Road, which was not what the City wanted to take place. He also stated the City of Moorpark had very little opportunity to influence the County's decision to either improve existing Moorpark Road, now know as Sunset Valley Road, realign with Minutes of the City Council Moorpark, California Paqe 6 March 3, 2004 Miller Parkway, or realign with Spring Road; and the County chose to consume a great deal of open space to realign the roadway from Miller Parkway down to Santa Rosa Road. The City's preference was to improve the existing roadway, but that failed. Councilmember Mikos stated she concurred with Councilmember Millhouse's suggestion for the Transportation and Streets Committee to study the issue of Christian Barrett Drive as it intersects with Spring Road. Councilmember Parvin stated she would like to see a reduction in the speed of vehicles using Spring Road and suggested the Moorpark Police Department perform more patrols in this area. Councilmember Harper stated the basic problem is the County of Ventura has decided Santa Rosa Road will become a major east /west arterial roadway to take the pressure off of U.S. Highway 101, and more vehicles are using Spring Road as a route to access Santa Rosa Road. He stated he has no objection to the study of Christian Barrett Road as it intersects Spring Road, but does not know of any mechanism to deter traffic from using Spring Road. Councilmember Millhouse concurred with Councilmember Parvin's concerns regarding the need for speed enforcement on Spring Road. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to approve design Option 2 and direct staff to proceed with the final design for the project; and referred discussion of options to improve egress from Christian Barrett Drive onto Spring Road to the Transportation and Streets Committee. Councilmember Parvin requested an amendment to the motion to include a request for increased police patrols along Spring Road to enforce the speed limit. MOTION TO AMEND: Councilmember Millhouse moved to amend the motion and Councilmember Harper seconded the amendment to include a request for increased police patrols along Spring Road to enforce the speed limit. The motion to amend carried by unanimous voice vote. Minutes of the City Council Moorpark, California Paqe 7 March 3, 2004 The main motion, as amended, carried by unanimous voice vote. 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. Ms. Traffenstedt gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. CONSENSUS: It was the consensus of the Council to schedule a joint City Council /Planning Commission meeting on March 24, 2004, and a joint City Council /Parks and Recreation Commission meeting on March 31, 2004. 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. Mr. Kueny gave the staff report. In response to Councilmember Mikos, Mr. Kueny stated there is no Joint Powers Agreement in which the City is a primary party for which the City Attorney provides representation. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Harper moved Parvin seconded a motion to approve and to sign a new Agreement with Burke, Wi be effective March 1, 2004, subject approval by the City Manager. The unanimous voice vote. and Councilmember authorize the Mayor Lliams & Sorensen to to final language motion carried by Minutes of the City Council Moorpark, California Paae 8 March 3, 2004 D. Consider Transportation System Management (TSM) Fund Program. Staff Recommendation: Approve the Transportation System Management (TSM) Fund Program. Mr. Hogan gave the staff report. In response to Councilmember Mikos, Mr. Hogan stated on stamped pages 52 and 53, under Transit, Items 2,3,4,6 and 7 are currently funded with Transportation Development Act (TDA) monies. In response to Councilmember Mikos, Mr. Kueny stated the items listed on stamped pages 52 and 53 are the programs identified by staff at this time; and these items still need to be programmed into the budget, at which time, the Council will decide on the actual expenditure of funds. In response to Councilmember Millhouse, Ms. Stringer stated on stamped page 50, signal synchronization, intersection improvements and channelization, have not been included in the list of potential mitigation programs that may appropriate the use of TSM funds, as generally, other agencies have determined these projects are related to improving traffic congestion and not air quality; however, these are just guidelines. Councilmember Millhouse stated he would like this changed so the funds could be used for signal synchronization, as cars idling at traffic signals are emitting more pollutants than they would be traveling efficiently through the City. Councilmember Millhouse stated on stamped pages 52 and 53 he objects to the use of transportation funds to retrofit restaurants to curtail cooking emissions or for the purchase of street furniture. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Councilmember Mikos stated there is a philosophical issue of TDA monies versus TSM monies; she is concerned TDA projects are listed, giving the impression the City will not be spending TDA monies on Minutes of the City Council Moorpark, California Page 9 March 3, 2004 them, but will use TSM monies instead; TSM monies are supposed to be used to do projects more related to transportation issues; and she does not want to see the City use TSM monies to supplant TDA monies. Councilmember Mikos continued by stating one of the Top Ten Goals for the City is the trail along the Arroyo; and since a Bicycle /Trail Master Plan needs to be completed in order to qualify for other funding, she believes this should be a priority for TSM program expenditure. In response to Councilmember Mikos, Mr. Hogan stated $50,000 should be enough to prepare a Bicycle /Trail Master Plan. In response to Councilmember Mikos, Ms. Stringer stated she is not aware of any existing requests from employers to subsidize any van pools. Councilmember Mikos suggested consideration be given to using the upcoming City Hall project as a demonstration by designing a photovoltaic system into the project. Mayor Hunter stated he did not share Councilmember Mikos' and Millhouse's concerns regarding the use of TDA versus TSM monies; and he is comfortable with the course the City has taken in the past and proposes to take now. He sees TDA monies being appropriated as have been previously; and TSM monies used as a way to encourage, facilitate, or enhance air quality by creating programs such as bicycling and public transit that people are comfortable to use. He stated he does take exception to the use of TSM monies for reducing cooking emissions; and is in favor of the TSM monies used for transit, although perhaps it would be more likely to increase the use of van pools by working with VCTC to make the effort more inter - community. Councilmember Harper concurred with Councilmember Mikos that the trail items should be moved to a high priority for funding, particularly the Bicycle /Trail Master Plan. He stated he is not sure $50,000 will be enough to develop that plan; building the Levee Road trails will be a tremendous enhancement to recreational facilities in the City and would Minutes of the City Council Moorpark. California Paae 10 March 3, 2004 encourage cycling across the width of the City instead of using a car; and it does seem strange to use these monies to reduce emissions from fast food restaurants, but perhaps the logic behind it is that as a community grows and there are more cars emitting pollution, one way to mitigate it is to reduce pollution from stationery sources. In response to Mayor Hunter, Councilmember Harper stated he does not believe $50,000 is enough to develop the Bicycle /Trail Master Plan because it is not just a bicycle trail. He stated he assumes it incorporates a complete trail system for all different uses including equestrian, pedestrian and bicycle uses for the entire community. Councilmember Parvin concurred that the Bicycle /Trail Master Plan is a very high priority for the community. In response to Councilmember Parvin, Mr. Kueny stated angled parking on High Street has not been promoted by any particular property owner. In response to Councilmember Parvin, Mr. Hogan stated the new In 'N' Out restaurant is using the newest technology to prevent cooking emissions. In response to Councilmember Mikos, Mr. Kueny stated moving the rail yard west of town may qualify from the standpoint of reducing idling emissions, but adding a second rail to the track would be a very expensive Countywide project; and the use of TSM funds will be reviewed each year in either December or January when all of the development related fees are reviewed to make sure they are spent according to the government code requirements. In response to Councilmember Mikos request for an agenda item to discuss with VCTC the vacating of the Metrolink yard in Moorpark, Mr. Kueny recommended staff and Councilmember Millhouse discuss this with VCTC and report back to Council. In response to Councilmember Harper, Mr. Kueny stated an underlying theme of an established objective, would be to improve the west entrance to the City, which would involve investigating what land use permit Minutes of the City Council Moorpark, California Paqe 11 March 3, 2004 exists at Muranaka Farms, where trucks have made this area into an unofficial truck -stop. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to accept the Transportation System Management (TSM) Fund Program in concept with Council priority for trails to be high on the list. Mr. Kueny asked for clarification that the motion infers approval of the six broad categories with the associated dollar amounts, but is not identifying the programs at this time. Councilmember Mikos stated she is still not certain $50,000 is enough for the Bicycle /Master Trail Plan. Mr. Kueny explained these dollar amounts will come back to the Council for specific approval during the budget process as well as the annual review of the expenditure of development fees. Councilmember Millhouse stated he is reticent to identify programs of a high priority at this time without knowing the whole list of programs. Mr. Kueny stated the Council will have the opportunity to consider the priorities again in May and the Bike /Master Plan will be proposed in the budget for funding. The motion carried by unanimous voice vote. 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 or 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 Minutes of the City Council Moorpark, California Paae 12 March 3, 2004 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. Mr. Hogan gave the staff report. In response to Councilmember Mikos, Mr. Hogan stated after Council approval, a Notice of Preparation would be published within one or two months; there would be no effect on the project, since if the gnatcatchers were to return to this property, there is no habitat to support them; and the land is being left to recover on its own. Councilmember Mikos stated she is uncomfortable having the Homeowners Association as the potential guardian of an endangered species and the RCA; there are now six gnatcatchers in Happy Camp Canyon Regional Park, which are probably from this particular property; it appears they have found a way to travel to this new location; and it seems possible they would make their way back to colonize this key area. She suggested the City should request that one of the upcoming public hearings to be conducted by the Fish and Wildlife Service be held in Moorpark for the benefit of the Ventura County area, so there can be testimony on the critical habitat designation for the California Gnatcatcher, and in this way gain information on how to retain this wonderful resource. Jim Bizzelle, Vice President of Community Development for Pardee Homes, 1320 Flynn Road, Camarillo stated Minutes of the City Council Moorpark, California Page 13 March 3, 2004 they concur with staff's five recommendations; they understand they need the final engineering plans approved, must post security bonds, pay $250,000 for the Environmental Impact Report, and have the Agreement in place in order to commence grading. He also stated they would like to commence grading by March 15`h with model homes open in 2005. Mr. Kueny stated staff is also recommending the following changes to the staff recommendation to include: final Agreement language will be subject to the approval of the City Attorney and City Manager; an addition to Paragraph two indicating prevailing wage language to protect the City and the developer; and for No. 7 there is still some discussion as to the final form of the surety, which may be some combination of a cash deposit, a letter of credit, or a surety bond. Councilmember Millhouse stated he would like to make it known that if Council approves this item, they are approving staff's recommendation, not just the list of items Mr. Bizzelle stated were required prior to beginning the grading. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to: 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 Minutes of the City Council Moorpark, California Paqe 14 March 3, 2004 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. Councilmember Mikos asked if there was any way the motion could explore other ways to deal with having the RCA owned and maintained by the Homeowners Association. Mr. Kueny stated with the concurrence of Pardee Homes, staff would be happy to leave that determination until they request the first final map. Mr. Bizzelle stated he concurred with waiting until the first final map to decide the ownership and maintenance requirements of the RCA. MOTION TO AMEND: Councilmember Millhouse moved to amend the motion and Councilmember Harper seconded the amendment to eliminate the concept the homeowners association will maintain ownership of and management responsibilities for the Resource Conservation Area (RCA), as described in the agenda report, and add the maintenance of this area will be determined by the City Council upon approval of the first final map. The motion to amend carried by unanimous voice vote. Councilmember Mikos requested the Fish and Wildlife Services be invited to conduct an official hearing regarding the habitat of the California gnatcatcher in Moorpark. MOTION TO AMEND: Councilmember Millhouse moved to amend the motion for a second time and Councilmember Harper seconded the second amendment to add an invitation be sent to Fish and Wildlife Services to conduct an official public hearing in Moorpark regarding the habitat of the California gnatcatcher. The motion to amend carried by unanimous voice vote. The main motion, as twice amended, carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 15 March 3, 2004 10. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Special Meeting of January 21, 2004. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2003 -2004 - March 3, 2004. Manual Warrants $ 0.00 Voided Warrant 113019 - 113039 $ (19.20) Payroll Liability Warrants Regular Warrants 115460 - 115464 $ 2,635.28 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. 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 -2172. E. Consider Mid -Year Amendments to 2003/2004 Fiscal Year Budget. Staff Recommendation: Adopt Resolution 2004- 2173, amending the FY 200312004 budget. ROLL CALL VOTE REQUIRED Minutes of the City Council Moorpark, California Page 16 March 3, 2004 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 -2174, 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. G. Consider Rejection of Claims: Christian, Sabrina, and Amber Johnson. Staff Recommendation: Reject the claims and direct staff to send a standard rejection letter to the claimants. 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. 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. 11. ORDINANCES: None. 12. CLOSED SESSION: None was held. Minutes of the City Council Moorpark, California Paqe 17 March 3, 2004 13. ADJOURNMENT: MOTION: Councilmember Harper seconded a motion to adjour voice vote. The time was 8: ATTEST: � s.� Deborah S. Traffens t City Clerk moved and Councilmember Parvin us