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HomeMy WebLinkAboutAGENDA REPORT 2024 0619 CCSA REG ITEM 09FCITY OF MOORPARK, CALIFORNIA City Council Meeting of June 19, 2024 ACTION APPROVED STAFF RECOMMENDATION. (VOICE VOTE: 4-0, COUNCILMEMBER GROFF ABSENT) BY A. Hurtado. F. Consider Approval of the Fourth Amendment to a Memorandum of Understanding with the County of Ventura to Repurpose $500,000 in Sustainability Fees from a Sound Wall on Los Angeles Avenue to Improvements on Arroyo Drive. Staff Recommendation: Approve an Amendment to a Memorandum of Understanding with the County of Ventura to Repurpose $500,000 in Sustainability Fees from a Sound Wall on Los Angeles Avenue to the Arroyo Drive Improvement Project. (Staff: Brian Chong, Assistant to the City Manager) Item: 9.F. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Brian Chong, Assistant to the City Manager DATE: 06/19/2024 Regular Meeting SUBJECT: Consider Approval of the Fourth Amendment to a Memorandum of Understanding with the County of Ventura to Repurpose $500,000 in Sustainability Fees from a Sound Wall on Los Angeles Avenue to Improvements on Arroyo Drive SUMMARY In 2014, the City and the County of Ventura (County) entered into a Memorandum of Understanding (MOU; Attachment 1) whereby the County would provide a portion of its Sustainability Fee revenues to the City toward the acquisition of open space (subsequently completed) and toward construction of a sound wall along Los Angeles Avenue, west of Maureen Lane. The sound wall project is not a financially viable project without significant additional investment by the City, adjacent property owners, or a combination thereof. Therefore, it is recommended that the City Council seek to amend the MOU with the County and repurpose these funds instead toward improvement projects along Arroyo Drive. BACKGROUND In 2011, the County of Ventura and Waste Management, which owns the Simi Valley Landfill and Recycling Center, entered into an Addendum Agreement for a Sustainability Fee. Under that Agreement, Waste Management agreed to provide the County with Sustainability Fee payments for certain solid waste and recovered materials received by the landfill originating outside of Ventura County. Many trucks carrying such materials travel to the landfill along the SR-118 corridor through Moorpark, and the County acknowledged that a portion of its Sustainability Fee revenues should be shared with the City of Moorpark in recognition of those impacts on the community. Item: 9.F. 357 Honorable City Council 06/19/2024 Regular Meeting Page 2 Accordingly, in 2014, the County and City entered into a Memorandum of Understanding whereby the County would contribute $2,000,000 in Sustainability Fee revenues from the Simi Valley Landfill and Recycling Center, as follows: • Open Space Acquisition: The County would contribute $1,500,000 toward the purchase of open space located between (east of) Moorpark College and (west of) Alamos Canyon. Following three Amendments to the MOU to extend the deadline to complete the purchase, in 2018, the City combined these funds with $1,675,000 in City funds to obtain approximately 255 acres of land within the MOU’s designated area to protect it as open space. • Los Angeles Avenue Sound Wall: The County would contribute $500,000 toward an 8-foot tall (or more) sound wall along the south side of Los Angeles Avenue between the western City limits and 150 feet west of Maureen Lane. Although property line walls exist along some of the properties within the project area, the sound wall project remains unbuilt at this time. Of note, the 2014 MOU contained a deliberate waiting period before the City could take advantage of the sound wall funds (no earlier than July 1, 2017) to ensure that there were sufficient Sustainability Fee reserves to fund the payment. The MOU also required the City to construct the sound wall project no later than July 1, 2025. DISCUSSION According to the MOU, the sound wall location “spans approximately 3,300 feet along the south side of SR-118/Los Angeles Avenue adjacent to the existing Butter Creek and Heather Glen neighborhoods, and adjacent to the Beltramo Ranch neighborhood, which is now under construction”. If the full wall span was to be built, 45 property owners would be affected. Property line walls along the north- facing sides of these properties and Los Angeles Avenue are typically between five and six feet tall when measured from Los Angeles Avenue, and adjacent homes are a combination of one-story and two-story single-family homes and duplexes. At eight feet in height, the envisioned sound wall would be taller than the existing property line walls. Staff estimates that design, engineering, and construction of the sound wall would cost approximately $2,200,000. That estimate does not include the costs of design, engineering, Caltrans permitting, environmental review, and coordination with the 45 adjacent property owners. It is also unclear that adjacent property owners would want to cooperate with construction that may leave them temporarily without rear walls facing 358 Honorable City Council 06/19/2024 Regular Meeting Page 3 Los Angeles Avenue during construction. Construction of a physically separate wall adjacent to the existing walls could be designed and engineered entirely within the Caltrans right-of-way, but the wall would incur higher design and construction costs, as well as necessitate Caltrans approval to further encroach into its right-of-way. The Los Angeles Avenue sound wall is not currently listed in the City’s Fiscal Year (FY) 2023/24 Capital Improvement Project Budget, which anticipates capital projects through FY 2027/28. Rather, it is listed as one of 73 potential Public Works projects contained at the end of the City’s Capital Improvement Projects Budget. Even in the list, it is only the evaluation of feasibility and interest from adjacent property owners for a possible property-owner funded sound wall that is listed, not the actual construction. While actual design, engineering, and construction costs would not be known until bids are received, even after the County contribution, staff expects that property owners would be asked to contribute, on average, approximately $38,000 each toward a sound wall that would add 2-3 feet of sound protection above their existing property line walls. On May 9, staff mailed letters to the owners of the 45 properties abutting the potential sound wall to solicit their opinions and received 12 responses. Do you support construction of a new 8-foot sound wall, if you were required to contribute financially toward its construction (property owners would be asked to contribute an estimated average of $38,000 each? - Yes: 17% | No: 83% Do you support construction of a new 8-foot sound wall, if you are NOT required to contribute financially toward its construction? - Yes: 83% | No 17% One of the respondents who would not support construction of the sound wall at a cost of $38,000 to the respondent indicated in open-ended comments that a property owner contribution of $10,000 would be acceptable. A list of the full text of respondents’ open- ended comments is provided as Attachment 3. Arroyo Drive Improvement Projects The City’s FY 2023/24 Capital Improvement Project Budget identifies two current capital projects along Arroyo Drive, between Collins Drive and the eastern City limits. The Arroyo Drive Overlay Project (Project No. C0035) consists of pavement rehabilitation on Arroyo Drive, from Collins Drive to the entrance of the Villa del Arroyo Mobile Home Park, with a FY 2023/24 project budget of $488,975. The Arroyo Drive Bike/Ped Project (Project No. C0037) consists of improvements along Arroyo Drive, 359 Honorable City Council 06/19/2024 Regular Meeting Page 4 between Collins Drive and the eastern City limits, including sidewalks, bicycle lanes, and storm drain improvements. The FY 2023/24 project budget is $894,177. Combined, the City’s FY 2023/24 Budget contains $1,383,152 toward these two Arroyo Drive projects, consisting of $1,156,066 in Transportation Development Act (TDA) grant funds and $227,086 of City Traffic System Management funds. Any contributions of Ventura County Sustainability Funds toward the project would free up these funds for use on other projects, thus expediting them. The Arroyo Drive projects are becoming more urgent as heavy rainstorms can cause flooding along the roadway and Villa del Arroyo Mobile Home Park. Of note, Waste Management, the franchised solid waste hauler for both Moorpark and Simi Valley, has its offices on the east-west road that parallels the 118 Freeway between Collins Drive and Madera Road. Within Moorpark, that roadway is Arroyo Drive. In practice, and largely due to congestion on the 118 Freeway, the Waste Management truck fleet that is physically based at their offices frequently travels to westerly destinations via Arroyo Drive. Inasmuch as the Simi Valley Landfill and Recycling Center expansion and extension – the source of the Sustainability Fees – would therefore result in additional trash truck traffic on Arroyo Drive, the change would still be funding projects to offset the impacts of the Simi Valley Landfill and Recycling Center on public streets. Approval by County of Ventura City staff has met with County staff to discuss the possibility of changing the County’s $500,000 commitment to Moorpark from the Los Angeles Avenue Sound Wall Project to Moorpark’s Arroyo Drive projects. Any amendments to the MOU require approval of both the City Council and the Ventura County Board of Supervisors. It was agreed that the proposed amendment to the MOU would need to be initiated by the City, inasmuch as the City is desiring to amend the current amendment. Staff has drafted proposed amendments to the MOU (Attachment 2) that would repurpose the County’s $500,000 Sustainability Fee commitment to Moorpark from the Los Angeles Avenue Sound Wall Project to the City’s Arroyo Drive projects. The proposed amendments would also establish a new timeline for the project. As proposed, the City would commit to completing design and environmental review by June 30, 2026, and to completing construction by December 31, 2028. ENVIRONMENTAL DETERMINATION This action is exempt from the California Environmental Quality Act (CEQA) as it does not constitute a project, as defined by Section 15378 of the State CEQA Guidelines. Therefore, no environmental review is required. 360 Honorable City Council 06/19/2024 Regular Meeting Page 5 FISCAL IMPACT No net impact. The proposed MOU amendment would repurpose $500,000 in revenues from one project to another. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION Approve an Amendment to a Memorandum of Understanding with the County of Ventura to repurpose $500,000 in Sustainability Fees from a Sound Wall on Los Angeles Avenue to the Arroyo Drive Improvement Project. Attachment 1: Memorandum of Agreement (2014) Attachment 2: Draft Amendment No. 4 Attachment 3: Open-Ended Comments from Property Owner Survey 361 SUSTAINABILITY FEE MEMORANDUM Of UNDERSTANDING BETWEEN COUNTY OF VENTURA AND CITY OF MOORPARK This Sustainability Fee Memorandum of Understanding (MOU) is entered into by and between the County of Ventura (County) and the City of Moorpark (City) and shall become effective on the date last signed by the parties below. The County and City are collectively referred to herein as "parties" and each individually as "party." RECffAlS WHEREAS, on July 19, 2011, the County and Waste Management of California, inc. (Waste Management) entered into an Addendum Agreement for a Sustainability Fee at the Simi Valley Landfill and Recycling Center (Landfill) pursuant to which Waste Management agreed to provide County with sustainability fee payments (Sustainability Fees) for certain solid waste and recovered materials received by the Landfill originating from outside the geographic boundaries of the County; and WHEREAS, County is willing to provide a portion of the anticipated Sustainability Fees to City to help fund City's proposed project to construct a sound wall along Los Angeles Avenue (SR 118) and to help acquire open space property or acquire conservation easements in the eastern portion of the City and in a portion of the City's Area of Interest (collectively the "Designated Area,") as shown on Exhibit A-1 and described on Exhibit A-2 hereto; and VVHEREAS, the parties deslre to mernorialize their mutual understanding of these matters in this MOU; AGREIEMIENT NOW, THEREFORE 1 THE PARTIES AGREE AS FOLLOWS: Section 1. The above recitals are incorporated by reference and r_nade a part of this MOU. Section 2. On or before June 30, 2015, County agrees to pay City One Million Five Hundred Thousand Dollars ($1,500,000.00) (Funds) for the acquisition of open space anc! conservation easements on or befor·e September 30, 20·17, \/\Jithin the Designated Area, as provided below. A City shall select the property to be acquired, subject to CoLmty's express written consent which shali not be unreasonably withheld, which may consist of one or more parcels within the Designated Area. Both parties agree that matters related to water rights and oil and natural gas extraction ancl operations wm be consiclered in selection of any property to be ATTACHMENT 1 362 acquired. B. The parties must agree to the purchase price prior to close of escrow for each parcel of property. By mutual agreement of the parties, purchase price may include a separate purchase of mineral rights for the property. Both parties agree to cooperate in accomplishing this task in an expeditious manner. c. in addition to the purchase price for the property or the price to acquire conservation easements, the City shall be entitled to expend the Funds for the City's acquisition costs in an amount not to exceed twenty percent (20%) of the purchase price of each parcel acquired or conservation easement acquired. Acquisition costs are limited to property appraisals, phase 1 and phase 2 environmental studies, CEQA compliance, engineering, legal and real estate services (title insurance, typical closing costs, escrow and commissions) (hereinafter, Acquisition Costs). D, Acquisition may be by fee title or in the form of a conservation easement. !f acquisition is in fee title, fee ownership shall be held by City with a conservation easement granted to County pursuant to Section 2.E below. If acquisition is in the form of a conservation easement, such e.asement shall be consistent with Civil Code Section 815. 1 with separate easements granted to City and County. E. After each property is acquired and before City's transfer of any property to an Authorized Transferee pursuant to Section 2.F. below, City shall convey to County, and County shall immediately record in the official records of Ventura County, a permanent conservation easement as defined in Civil Code Section 815.1 in a form approved by County and City for the purpose of ensuring the acquired property remains as permanent open space and in its then-natural condition. F. After each property is acquired or after each conservation easement is acquired, City, with the prior written consent of County which shall not be unreasonably withheld, may transfer fee title or City's conservation easement to another governmental entity or non-profit entity {Authorized Transferee) as permitted and provided by Civil Code Sections 815.2 (a) and 815.3 so long as the property remains subject to the County's conservation easement and is maintained as permanent open space with no development. G, Neither City nor any Authorized Transferee shall engage in any new oil or . natural gas production from any property acquired pursuant to this Section 2. H. After close of escrow of each property acquired or after the recordation of 2 363 each conservation easement pursuant to this Section 2, City shall, within forty-five (45) days, provide County with a full accounting and supporting documentation of the purchase price and Acquisition Costs incurred by City (Accounting Date). I, Upon receipt, City agrees to immediately place the Funds in the County of Ventura Investment Pool until such time as all or a portion of said Funds are expended or repaid to the County pursuant to Section 2.J. below. The interest earned on the Funds may be used by City in the same manner as the Funds. J. Any Funds not expended by City for purchase prices and Acquisition Costs in accordance with this Section 2, including any interest accrued on said Funds, shall be repaid to County on the earlier to occur of: (1) sixty (60) days after the Accounting Date following City's acquisition of the last parcel(s) of real property hereunder provided that said parcel(s) is/are acquired on or before September 30, 2017; or (2) October 15, 2017. K. County shall not be responsible for any costs or potential liabilities related to ownership and maintenance of any property acquired pursuant to this MOU, including but not limited to weed abatement, liability risk and insurance, property taxes, and all other fees, costs, liabilities (including but not limited to that arising from oil and gas operations) and assessments. SedioJ1111 3, In addition to the Funds specified in Section 2 of this MOU, County agrees to contribute to City's proposed sound wall project as provided below: A The City's sound wall project shall be to construct a sound wall along any portion of the south side of Los Angeles Avenue (SR ·1 ·1 s) between the current western City limits and 150 feet west of Maureen Lane. The sound wall shall be designed to serve as a noise barrier from Los Angeles Avenue traffic and be no less than eight feet (8') high from sidewalk grade. The City shall award a contract to construct the sound wall project no earlier than July 1, 2017, and no later than July 'I, 2025. 8. Within forty-five (45) days following City's filing of a notice of completion for the sound wall project, City shall provide County with a full accounting aind supporting documentation of City's Sound Wail Project Costs as defined below. County shall remit payment to City within forty-five (45) days of County's receipt o·f said accounting and supporting documentation. County's payment shall not exceed one-half of the Sound WaH Project Costs up to a maximum amount of Five Hundred Thousancl Doilars ($500,000.00). C. Sound wall project costs toward which County will contribute pursuant to this MOU sha!I only consist of the following: amount of awarded 364 construction contract and any City-approved change orders thereto, CEQA compliance, engineering (conceptual design, project design, preparation of plans and specifications, preparation of legal description, contract administration, and project inspection), assessment engineering if an assessment district is proposed for the sound wall whether or not formed, permits, and other costs charged by other governmental entities for the project including but not limited to Caltrans and public utilities, utility relocations, landscaping and irrigation installation (excluding ongoing maintenance), any items required by Caitrans encroachment permits, and legal services regarding project procurement (collectively, "Sound Wall Project Costs"). Sound Wall Project Costs shall not include any land acquisition-related expenses, fees or costs. Section 4. County, in its sole discretion, may suspend any or all of its obligations under this MOU upon thirty (30) days written notice to City if the validity of the Sustainability Fees is challenged in a legal action against County. County, in its sole discretion, may also terminate any or all of its obligations under this MOU upon thirty (30) days written notice to City if the Sustainability Fees are legally invalidated through judicial or legislative action that is binding on County. County shall reimburse City for its eligible costs in acquiring property or conservation easements under Section 2 and its Sound Wall Project Costs under Section 3 to the extent incurred by City prior to the effective date of MOU suspension. Except as provided herein, County shall have no other liability to City in the event County exercises its right to suspend and/or terminate its obligations under this MOU in accordance with this Section 4. Se~Uon 5, Miscellaneous. A. Integrated Agreement. This MOU is an integrated agreement and constitutes the entire understanding of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements, communications, representations, or warranties, whether oral or written, by either party or any agent, officer, partner, employee, or representative of either party. B. Amendments. This MOU may not be modified, altered, amended, or rescinded except by an instrument in writing, which is signed by both parties hereto. C. Severability. Should any part, term or provision of this MOU be declared or determined by any court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected thereby and said illegai or invalid part, term or provision shall be deemed not to be a part of this MOU. D. Construction. This MOU is the product of negotiation, drafting and preparation by and among the parties ancl their respective attorneys. The 4 365 parties expressly acknowleclge and agree that this MOU shall not be deemed prepared or drafted by one party or another and its attorneys, and will be construed a'ccordingly. Any rule of construction to the effect that ambiguities are to be resolved against the drafting parties shall not apply in the interpretation of this MOU. E. Notices. All notices that are required to be delivered under this MOU in writing shall be personally delivered or sent by overnight mail, registered or certified mail, postage prepaid, or facsimile, as follows: To City: City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Attention: City Manager Fax: 805-529-8270 To County:: County of Ventura 800 South Victoria Avenue #1940 Ventura, California 93009 Attention: County Executive Office Fax: 805-658-4500 Such addresses may be changed from time to time by the addressee by serving notice as heretofore provided. Service of such notice or demand shall be deemed complete on the date of actual delivery as shown by the addressee's registry or certification receipt or at the expiration of t11e third day after the date of mailing (whether or not actually received by the addressee), whichever is earlier in time. F. Governing Law. This l\JlOU is made and entered into in the State of California and shall, in all respects, be interpreted, governed and enforced in accordance with the laws of the State of California. applicable to contracts entered into and fully to be performed therein. G. Further Assurances. Each party shall from and after the date hereof execute, acknowledge and deliver such further instruments and perform such additional acts as any other party may reasonably request to effectuate the intent of this MOU. H. Third Party Beneficiaries. No term or provision of this l\JlOU is intended to or shall be for the benefit of any person or entity not 81 party hereto, and no such other person or entity shall have any right or cause of action hereunder. I. Defense and Indemnity. City agrees to indemnify, hold harmless and defend at its sole expense, with counsel reasonably acceptable to County, 5 366 any claims , actions, proceedings , demands , judgments, damages, fine s and liabilit ies of whatever nature (Claims and Liabilities) against Co unty and all of County 's boards, agencies, departments, officers, employees, agents and volunteers (County Pa rties) arising from or related to this MOU includ ing but not lim ited to the acquis ition, ownership and maintenance of the open space property and implementation , design and construction of the proposed sound wall project, unless the Cla ims and Li abi lities be caused by the sole negligence or willful misconduct of Coun ty Parties. Coun ty may, at its sole discretion , participate in the defense of any Claims and Liabilities at County 's cost , but such partic ipati on shall not relieve City of its obl igati ons under this section. . J. Budgeting. County 's obliga ti ons to provide fu nding und er th is MOU are subject to County's annual budget process and the making of necessary budget appropr iati ons in the fiscal year in whi c h County would pay the obl igatio ns, and would receive the benefits of the projects , set fort h in th is MOU. The obligation of the Coun ty to provid e funding unde r this MOU does not constit ute an obl igation fo r which Coun ty is obligated to levy or pledge any form of taxation or for whi ch County has levied or pledged any form of taxation. Nor do the obligations of County to provide funds unde r this MOU consti tut e an indebtedness of Coun ty within the meaning of any consti tut ionai debt lim itation or restric ti on. County shall use reasonable efforts to make such budget decisions and appropriati on of fund s. Except for the $1,500,000 referenced in Section 2 above , in the event such budget decisions and appropriations do not occur , County may, upon five (5) days written notice to City, terminate this MOU as to that obligat ion and project. IN WITNESS WHEREOF, the undersigned each has executed this IVlOU as of the date written below. COUNTY OF VENTURA CilY OF MOORPARK Date: 11-t'l-J<Ol'f: . Attachments: Exhibit A-1 and A-2 6 . ' 367 Las Posas l Fillmore ~ ~ (/) w ::; ~ BROADWAY t , . . ~ . . . . . . . . . . . . . . . . Moor pa r:k: ·: ·: ·: ·: R-118 ---------------! ~~ f Camari l lo Thousand City of :Moorparft Legend L- -1 Moorpark A rea of Interest -.,J CJ Camarillo A rea of Interest Fillmore A rea of Interest Las Posas Area of Interest .. Piru A rea of Interest Simi Valley A rea of Interest Thousand Oaks A rea of Interest Freeway .............,. Railroad Arroyo Simi Parcels [ ..=-J City of Moorpark PDtenUel Open Spece • • • Deslgnat8d Ania Q N ••ic:=:::::J M1les o.4 o.a Sources: City of Moorparl<. March 20 14 Counly of Ventura GIS data. March 2014 County of Venters RMA dalit Prepared: March 2014 Note: A copy of the City's Planning Area flgure is availabl• for download at http:/lwww.moorpa rl<ea.gov or for purchase at Moorpark City Hall, 799 Moorpark Avenue. Moorpark, CA93021. Designated Area in Moorpark and its Area of Interest Updated August 2014 368 P<arc®i~ lnch.1ded in De~ignat®d A.re©! in M©©iF[pl@lrk ~nd it~ Ar~a of intere~t (Listed by A~~e~~{j)f P~rc~~ Number) 500-0-120-065 500-0-170-135 500-0-180-125; -135; -145; -155; -165; -175; -185; -'195; -205; -215; -225; -235; -255 500-0-281-035; -045; -165; -185; -195; -205; -215; -465; -475; -535; -545 500-0-292-015; -035; -135; -195; -215; -225 615-0-010-045 615-0-110-165; -175; -205; -215 615-0-'150-185 369 ATTACHMENT 2 FOURTH AMENDMENT TO SUSTAINABILITY FEE MEMORANDUM OF UNDERSTANDING BETWEEN COUNTY OF VENTURA AND CITY OF MOORPARK This Fourth Amendment (Fourth Amendment) to the Sustainability Fee Memorandum of Understanding Between County of Ventura (County) and City of Moorpark (City) approved by County on October 28, 2014 (MOU), is entered into by and between County and City (parties) and shall become effective upon the date last signed by the parties below. RECITALS WHEREAS, pursuant to the MOU, County agreed to provide City with a portion of the Sustainability Fees collected at the Simi Valley Landfill and Recycling Center to help fund: (1) City’s acquisition of open space land which is addressed in Section 2 of the MOU (Open Space Land Acquisition); and (2) City’s project to construct a soundwall on a portion of Los Angeles Avenue which is addressed in Section 3 of the MOU (Soundwall Project); WHEREAS, County previously approved First, Second, and Third Amendments to the MOU on August 1, 2017, December 12, 2017, and April 17, 2018, respectively, for the sole purpose of extending deadlines associated with City’s Open Space Land Acquisition pursuant to Section 2 of the MOU; WHEREAS, the parties have now fully performed their obligations under Section 2 of the MOU pertaining to City’s Open Space Land Acquisition for which County provided City One Million Five Hundred Thousand Dollars ($1,500,000); and WHEREAS, the parties now wish to delete and replace Section 3 of the MOU in its entirety, and make related changes to Sections 4 and 5 of the MOU, to replace the City Soundwall Project with the City Arroyo Drive Improvement Project (as described below) which County has agreed to help fund in the alternative pursuant to amended funding deadlines. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. The above-stated Recitals are incorporated herein by this reference. 2. Section 3 of the MOU is deleted in its entirety and replaced with the following: Section 3. In addition to the Funds specified in Section 2 of this MOU, County agrees to contribute to City's proposed Arroyo Drive Improvement Project as provided below: 370 2 A. City’s Arroyo Drive Improvement Project consists of improvements to Arroyo Drive, between Collins Drive and Moorpark’s eastern City limits. The improvements shall consist of pavement rehabilitation, sidewalks, bicycle lanes, and stormdrain improvements within the above project area. City shall complete environmental review and project design by June 30, 2026, and shall complete construction by December 31, 2028. B. Within forty-five (45) days following City’s award of a construction contract for the Arroyo Drive Improvement Project, City shall provide County with a full accounting and supporting documentation of the project’s environmental and design costs. County shall remit payment to City within forty-five (45) days of County’s receipt of said accounting and supporting documentation. C. Within forty-five (45) days following City’s filing of a Notice of Completion for the Arroyo Drive Improvement Project, City shall provide County with a full accounting and supporting documentation of the project’s construction costs. County shall remit payment to City within forty-five (45) days of County’s receipt of said accounting and supporting documentation. D. County’s payments described above in Subsections (B) and (C) shall not exceed one-half of the Arroyo Drive Improvement Project’s costs up to a maximum amount of Five Hundred Thousand Dollars ($500,000). E. Arroyo Drive Improvement Project costs toward which County will contribute pursuant to this MOU shall only consist of the following: Amount of awarded construction contract and any City-approved change orders thereto; CEQA compliance; engineering costs (project design, preparation of plans and specifications, contract administration, and project inspection); permit costs charged by other governmental or railroad entities for the project, including but not limited to Caltrans and public utilities; utility relocations; landscaping and irrigation installation; and legal services regarding project procurement. 4. Section 5(E) of the MOU is deleted and replaced in its entirety with the following: E. Notices. All notices that are required to be delivered under this MOU in writing shall be personally delivered or sent by overnight mail, registered mail, or certified mail, postage prepaid, as follows: To City: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attention: City Manager To County: County of Ventura 800 South Victoria Avenue #1940 Ventura, CA 93009 Attention: County Executive Office 371 3 4. Section 5(I) of the MOU is deleted and replaced in its entirety with the following: I. Defense and Indemnity. City agrees to indemnify, hold harmless and defend at its sole expense, with counsel reasonably acceptable to County, any claims, actions, proceedings, demands, judgments, damages, fines and liabilities of whatever nature (Claims and Liabilities) against County and all of County's boards, agencies, departments, officers, employees, agents and volunteers (County Parties) arising from or related to this MOU including but not limited to the acquisition, ownership and maintenance of the open space property and implementation, design and construction of the proposed Arroyo Drive Improvement Project, unless the Claims and Liabilities be caused by the sole negligence or willful misconduct of County Parties. County may, at its sole discretion, participate in the defense of any Claims and Liabilities at County's cost, but such participation shall not relieve City of its obligations under this section. 5. Except as expressly amended by this Fourth Amendment, the MOU shall continue in full force and effect in accordance with its terms. COUNTY OF VENTURA: __________________________________ Date: ________________ CHAIR, BOARD OF SUPERVISORS CITY OF MOORPARK __________________________________ Date: ________________ CHRIS R. ENEGREN, MAYOR 372 ATTACHMENT 3 OPEN-ENDED COMMENTS FROM PROPERTY OWNER S URVEY Do you have any other feedback you wish to provide? 8 feet is not nearly tall enough to provide any additional sound barrier. Additionally, we have a line of trees planted next to the existing wall, which would likely be damaged or removed, which we do not support. Is 8 feet tall enough? Some of the properties along Los Angeles Ave have walls taller than the 8 feet on the LA ave. street side and the tops of trucks are still visible at this height. I am happy to answer any questions and welcome a follow up call or email. [Note: Staff did reach out to this respondent with a follow-up phone call.] Please build this wall. We have been asking the city for this for years. It needs to be done. Please find a way to build this wall. The road noise is extremely loud and a soundwall is in proper order. Primarily I object due to safety concerns. I'm against this due to the existing property line retaining wall along my property standing at a height of 10 feet above the sidewalk. Therefor, you would be knocking down a perfectly fine 10 foot high retaining wall and replacing it with a shorter 8 foot high sound wall. You would subtract from my property security by making the new wall 2 feet lower than the existing. Much easier for someone to trespass on my property by jumping over the 8 foot sound wall from the sidewalk. With a new 8 foot high sound wall, my backyard soil height would only be 3 feet below the top of the 8 foot high sound wall (currently it's a 5 foot difference from my soil height to the top of the 10 feet high wall). Meaning my child (currently 4 months old) passing toddler age in a few years could easily climb over a 3 foot wall from my property and fall 8 feet down to the sidewalk on Los Angeles Ave. I'm guessing that would cause serious bodily harm to my child. Due to those safety risks, I'd have to pay my own subcontractor thousands of dollars to erect a 6 foot high fence about a foot away from the property line sound wall on my side of the property. I'd be forced to erect this fence so my kid doesn't fall 8 feet onto the sidewalk (something I don't have to worry about if you leave the existing 10 foot high wall in place). This new fence I would have to pay for inside my property would mean moving thousands of dollars of mature trees, shrubs, and rose bushes (due to my usable backyard space reducing in size to allow the fence space). Not to mention irrigation line that would need to relocate due to them being close to the existing 10 foot hight property line retaining wall. In conclusion, the safety of my child and security of my property are top reasons I oppose this sound wall project. My 373 ATTACHMENT 3 secondary reason is to avoid about $10,000 of new fence and landscaping work I would have to do after the new sound wall is built. It's not worth the hassle or the money. We all purchased our homes along Los Angeles Avenue fully aware of the sound coming from that street. We decided it was worth living with the sound if that meant buying our beautiful home and raising our families in this wonderful city. I have no regrets with where I own and live. That $500,000 contribution will be best spent elsewhere. The map looks as though your plan would cause a major traffic jam in the event of a disaster that would force immediate evacuation. Has any thought been given to this possibility? I imagine there are some residents whose gross income is less than $38,000 per year which means their net income has nothing left to contribute and the daily cost of utilities, food, medical, etc. keeps rising. This sound wall idea is great! However, I'm not sure if 8 feet is high enough to make a large difference to the noise, as average sound walls range between 12-15 feet. This soundwall is long overdue and should have been done years ago. Please do the right thing and complete this project and DO NOT reallocate funds to another project. Would contribute up to $10,000 toward wall 374