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HomeMy WebLinkAboutAG RPTS 2002 0717 CC REGResolution No. 2002 -1990 Ordinance No. 285 CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, JULY 17, 2002 6:30 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. INVOCATION: Pastor Tony Amatangelo, Life Spring Community Church. 3. PLEDGE OF ALLEGIANCE: 4. ROLL CALL: 5. PROCLAMATIONS AND COMMENDATIONS: A. Recognition of the Boys and Girls Club Youth of the Year. B. Ventura County Fair Poster Presentation. C. City Manager's Monthly Report. ------------------------------------------------------------------------------------------------ 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. City Council Agenda July 17, 2002 Page 2 6. PUBLIC COMMENT: (AT THIS POINT IN THE MEETING, THE COUNCIL WILL CONVENE THE REDEVELOPMENT AGENCY) 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure Section 2.9, Items to be withdrawn from the Consent Calendar shall be identified at this time.) 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 9. PUBLIC HEARINGS: A. Public Hearing to Consider the Adoption of Ordinance No. 283, an Ordinance of the City Council of the City of Moorpark, California, Amending the Moorpark Municipal Code by Revising Chapter 3.36, Article III, Section 200, Relative to the Definition of Library Facilities. Staff Recommendation: 1) Open the public hearing, receive testimony, and close the public hearing; 2) Direct the second reading of Ordinance No. 283 and adopt Ordinance No. 283 as read. B. Consider Tax Equity Fiscal Responsibility Act (TEFRA) Hearing Related to Vintage Crest Senior Apartments (GPA 2002 -01, ZC 2002 -01, RPD 2002 -02), on Application by USA Properties Fund, Inc. Staff Recommendation: 1) Open the Public Hearing and accept testimony from the public; 2) Close the public hearing; and 3) Approve a motion that the TEFRA requirements of the Internal Revenue Code have been met and public comments have been duly recorded. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Presentation by County of Ventura Elections Staff Regarding Recruitment of Election Officers. B. Landscaping and Fencing Issues Related to Moorpark Country Club Estates, Tract No. 4928, Residential Planned Development No. 94 -01, Conditional Use Permit No. 94 -01. Staff Recommendation:l) Approve staff recommended alternative for the orchards as indicated in the staff report; 2) Approve staff recommended alternative for the fencing as indicated in the staff report for the west neighborhoods; 3) Allow a maximum City Council Agenda July 17, 2002 Page 3 10. PRESENTATION /ACTION /DISCUSSION: (continued) of 36 occupancies in phase 1 before completion or prior to the first occupancy requirements; and 4) Direct staff to meet with Toll to present a recommendation to Council at its August 21, 2002, meeting that resolves the conditions of approval of the RPD and VTM which are tied to occupancy. C. Consider Arroyo Vista Community P. Construction Plan and Scope Recommendation: Approve the draft and scope of work as presented in including under - grounding of the power line. ark Phase II Draft of Work. Staff construction plan the Agenda Report, electrical utility D. Consider Award of Agreement to Antelope Valley Bus /Coach USA to Operate and Maintain Moorpark City Transit. Staff Recommendation: Accept the proposal from, and award a contract to, Antelope Valley Bus /Coach USA for the operation and maintenance of the City fixed route bus, at the not to exceed amount of $225,515 for the first year, and as proposed in subsequent years, and authorize the Mayor to execute the Agreement subject to final language approval by the City Manager and City Attorney. E. Consider Proposed Development Agreement with Vintage Crest Senior Apartments, L.P., a California Limited Partnership. Staff Recommendation: Refer the Development Agreement to the Planning Commission for a public hearing on August 12, 2002, and set August 21, 2002, as the City Council public hearing date. 11. CONSENT CALENDAR: A. Consider Approval of Minutes of Regular Meeting of August 1, 2001. Consider Approval of Minutes of Regular Meeting of March 6, 2002. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register for Fiscal Year 2001 -2002 - July 17, 2002. City Council Agenda July 17, 2002 Page 4 11. CONSENT CALENDAR: (continued) Manual Warrants 109737 - 109743 & $ 1,707.36 109852 Voided Warrants 107991 & 108011 & $(2,085.03) 108142 & 108267 & 108976 & 109644 & 109663 & 109665 & 109668 & 109738 & 109739 & 109767 & 109741 - 109743 Payroll Liability 109729 - 109736 $ 13,167.32 Warrants Regular Warrants 109748 - 109851 $397,797.49 Staff Recommendation: Approve the warrant register. C. Consider Adoption of Resolution No. 2002- , Amending the Fiscal Year 2001/2002 Budget by Appropriating Older Americans Act (OAA) Grant Funds for Senior Center Capital Expenditures and Lifeline Devices. Staff Recommendation: Adopt Resolution approving an amendment to the Fiscal Year 2001/2002 Budget by appropriating $18,738 in OAA grant funds for Senior Center capital expenditures and lifeline devices (Roll Call Vote Required). D. Consider Fiscal Year 2002/2003 Budget Amendment for Repairs to the Community Center. Staff Recommendation: 1) Adopt Resolution No. 2002 - , amending the FY 02/03 Budget by appropriating $24,500 from the General Fund Reserve Balance for repairs to the Apricot Room roof drains and Community Center Breezeway; and 2) authorize the City Manager to amend the Agreement with Allen Bornstein Construction Inc. to perform the roof drain work at a cost not to exceed $3,700. (Roll Call Vote Required) E. Consider Authorizing the City Manager to Approve a Two -Year Contract with Videomax Productions, Inc. for Provision of Cable Government Channel Production, Operations, Maintenance, and Related Services. Staff Recommendation: Direct the City Manager to approve a two -year agreement with Videomax Productions, Inc., City Council Agenda July 17, 2002 Page 5 11. CONSENT CALENDAR: (continued) with an approximate 6 percent increase effective July 1, 2002. F. Consider Moorpark Boys & Girls Club / Packer Football and American Youth Soccer Association (AYSO) Use Agreements. Staff Recommendation: Approve five -year use agreements with Moorpark Boys & Girls Club / Packer Football and American Youth Soccer Organization, pending any final language changes by the City Manager and City Attorney and authorize the City Manager to execute the agreements on behalf of the City. G. Consider Resolution Amending the Salary Plan for Competitive Service, Non - Competitive Service, and Hourly Employees and Rescinding Resolution No. 2001- 1882. Staff Recommendation: Adopt Resolution No. 2002- H. Consider an Agreement Regarding Acquisition of Property between Pardee Homes and the City of Moorpark to Acquire Certain Real Property for Public Street Purposes (Tentative Tract Map No. 5045). Staff Recommendation: Approve Agreement Regarding Acquisition of Property between Pardee Homes and the City of Moorpark. 12. ORDINANCES: A. Consider Ordinance 282, an Ordinance of the City of Moorpark, California, Rescinding Ordinance No. 244, which Adopted Specific Plan Zoning Designations and Development Standards for Properties within Hidden Creek Ranch Specific Plan (Specific Plan 8 /Specific Plan 93 -1). Staff Recommendation: Declare Ordinance No. 282 read for the second time and adopted as read. 13. 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) City Council Agenda July 17, 2002 Page 6 13. CLOSED SESSION: (continued) 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 - 10) C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark and City Council of the City of Moorpark (Case No. SCO21825) D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark and City Council of the City of Moorpark (Case No. SCO22256) E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Hidden Creek Ranch, LP, a California Limited Partnership and Messenger Investment Company, Inc., a California Corporation vs. The City of Moorpark and City Council of the City of Moorpark (Case No. SCO23388) F. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Assistant City Manager, Assistant to City Manager /City Clerk, City Manager, City Attorney, City Engineer, Chief of Police, Director of Administrative Services, Director of Community Development, Director of Community Services, and Director of Public Works. G. 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 H. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) Agency Designated Representative: Steven Kueny Unrepresented employees: Assistant City Manager, Administrative Services Director, ATCM /City Clerk, Community Development Director, Community Services Director, Public Works Director, Accountant I, City Council Agenda July 17, 2002 Page 7 13. CLOSED SESSION: (continued) Assistant City Clerk, Budget and Finance Manager, Information Systems Supervisor, Planning Manager, Principal Planner, Recreation Superintendent, and Senior Management Analyst. 14. ADJOURNMENT: ----------------------------------------------------------------------------- In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk's Department at (805) 517 -6223. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102 - 35.104; ADA Title II). MOORPARK CI AGENDA COUNCIL EPORT r� go ke ---W� tAK-OORPARTC. CALTFARNTA Cifv CnTIVIril Nferfintr of Z.1 ( L( 1-1 -2-002-- A( T ` -) %-, Approved s taf f- ►"�O Irnendafhbr-) cado -led OtZJinGnCe- sv: TO: Honorable City Council FROM: Mary K. Lindley, Director of Community Services DATE: July 10, 2002 (CC Meeting of 7/17/02) SUBJECT: PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE AMENDING THE CITY OF MOORPARK LIBRARY FACILITIES FEE AND ESTABLISHING A PUBLIC HEARING DATE SUMMARY The City Council is being asked to hold a public hearing prior to the final adoption of ordinance No. 283. The first reading of the ordinance occurred on June 19, 2002. The Ordinance amends the Moorpark Municipal Code, Chapter 3.36, Library Facilities Fee, by amending the definition of the term "library facilities ". If approved, the amended definition of "library facilities" would add to the definition the ability to use the Library Facilities Fee funds for financing, obtaining or constructing public library facilities to serve increased demand for library services created by new development. Specifically, the funds would now be able to be used to acquire, construct, remodel, landscape, light, and /or furnish public library facilities. Therefore, adoption of Ordinance No. 283 would allow for expanded use of the Library Facilities Fees; it would not increase or change the amount of the Fee. BACKGROUND On October 1, 1997, the City Council adopted Ordinance No. 238, establishing a Library Facilities Fee imposed on all new development, including both residential and commercial /industrial development. The Ordinance requires new development to pay a Library Facilities Fee to be used for "library facilities" that would mitigate impacts on existing library services that can reasonably be attributed to the new Honorable City Council July 17, 2002 Page 2 development. Ordinance No. 238 defined "library facilities" as "library collection materials including books, video and audio materials, periodicals CD rom disks, and other related materials which are available in, or for loan from, Moorpark Library and computers for public access, and designated for use by library patrons." Facility acquisitions, improvements or expansions are not included in the definition. DISCUSSION Currently, the Moorpark Library is approximately 7,000 square feet in size. Based on accepted standards, a library serving a population the size of Moorpark (approximately 31,000) should consist of approximately 26,400 square feet. At build -out (approximate population of 42,000), the Moorpark Library should consist of approximately 35,700 square feet. To help address the need for a larger library, potential funding sources need to be identified. Expanding the Library Facilities Fee definition of "library facilities" to include facility acquisitions, improvements or expansions would allow the City to use some of the Library Facilities fees to fund additional library space. This would also make the Library Facilities Fee code section consistent with the City's other two facilities fees code sections (police and fire). Passage of this Ordinance does not alter the current fee schedule or total fees paid by new development, which are: • Single Family Dwelling $460.56/DU • Multi Family Dwelling $298.46/DU • Mobile Home $306.03/DU • Commercial $ .10 /sf • Industrial $ .10 /sf Expanding the definition of "library facilities" would create a temporary situation where the City would be required to maintain two separate Library Facility Fee Funds. Since development fees can only be used for the purpose identified when collected, those Library Facility Fees that are collected prior to the implementation of the expanded definition can only be used for the originally identified purposes; they may not be used to fund costs included in the new definition. Therefore, the Fees must be segregated so that expenditures can be tracked and verified as appropriate. Honorable City Council July 17, 2002 Page 3 To date, the City has received $155,000 in Library Facilities Fees. This is the amount of fees that may only be used for the purposes identified in the original definition. By the City's build -out, it is anticipated that the City will have received a total of $2.8 million. Using this estimate, approximately $2,645,000 will be available to be used for expenditures under the new definition. This fee falls under the regulation of Government Code sections 66000 - 66025. Accordingly, the fee can only be established after meeting certain disclosure and timeline requirements. The attached "Proposed Library Facilities Fee Amendment Information Sheet" provides all the information required for disclosure by the Government Code. This information must be provided to the public at least 10 days in advance of the meeting in which the fee will be considered. Additionally, the establishment of this fee can only occur after -a public hearing is held and the fee will be effective no sooner than 30 days after adoption of the Ordinance. STAFF RECOMMENDATION It is recommended that the City Council 1. Open the Public Hearing, receive testimony, and close the public hearing; 2. Direct the second reading and adopt Ordinance No. 283 Attachments: #1 - Proposed Library Facilities Fee Amendment Information Sheet #2 - Ordinance No. 283. 1.0 a.: ie v Ij Honorable City Council July 17, 2002 Page 4 Proposed Library Facilities Fee Amendment Information Sheet Purpose of Fee: In addition to the current purpose of the Fee, this amendment would allow for funds collected from appropriate sources to be used for the purpose of financing, obtaining or constructing public library facilities to serve increased demand for library services created by new development. Use of the Funds: Amendment would allow all funds generated by imposition of this fee, including any interest earned on these funds, to be used for the additional purpose of financing of public facilities. Specifically, the funds will now be additionally used to acquire, construct, remodel, landscape, light, and /or furnish public library facilities serving Moorpark. Previously, these funds could only be used for library collection materials including books, video and audio materials, periodicals CD rom disks, and other related materials which are available in, or for, loan from, Moorpark Library, and for computers for public access and designated for use by library patrons. Relationship between Use of Fee /Need for Public Library Facilities Serving Moorpark: This fee will be imposed on all new uses and for enlargements of existing uses in Moorpark. Currently, the Moorpark Library is approximately 7,000 square feet in size. Based on accepted standards, a library serving a population the size of Moorpark (approximately 31,000) should consist of approximately 26,400 square feet. At build -out (approximate population of 42,000), the Moorpark Library should consist of approximately 35,700 square feet. To help address the need for a larger library, expansion of the definition of "library facilities" to include facility acquisitions, improvements or expansions is necessary to allow use of the Library Facilities Fees to fund-additional library space. Reasonableness of Fee: The amended Ordinance requires new development to mitigate impacts on existing library services that can reasonably be attributed to the new development. Passage of this Ordinance does not alter the fee schedule or total fees paid by new development. It would also make the Library Facilities Fee code section consistent with the City's other two facilities fees code sections (police and fire). U f-, „a, r V � ., Honorable City Council July 17, 2002 Page 5 Cost of the Project and Funds Generated by this Fee: Fees collected will be used to fund appropriate, actual costs of facility acquisitions, improvements or expansions, including, but not limited to acquisition, construction, remodeling, landscaping, lighting, and /or furnishing public library facilities serving Moorpark. To date, the City has received $155,000 in Library Facilities Fees. This is the amount of fees that may only be used for the purposes identified in the original definition. By the City's build -out, it is anticipated that the City will have received a total of $2.8 million. Using this estimate, approximately $2,645,000 will be available to be used for expenditures under the amended definition. Honorable City Council July 17, 2002 Page 6 ORDINANCE NO. 283 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE MOORPARK MUNICIPAL CODE BY REVISING CHAPTER 3.36, ARTICLE III, SECTION 200, RELATIVE TO THE DEFINITION OF LIBRARY FACILITIES WHEREAS, new construction within the City creates a need for additional, enlarged or new library space. WHEREAS, the City of Moorpark has authority to provide library facilities within its jurisdiction, and has previously imposed a Library Facilities Fee on new construction. WHEREAS, it is in the interest of the City to ensure that it has sufficient funds to pay for needed new or enlarged library facilities. WHEREAS, the definition of "Library facilities" in the current Library Facilities Fee Ordinance does not include library capital improvements as an approved use of Library Facilities Fees. NOW, THEREFORE, THE CITY COUNCIL OF THE, CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: C-rl � r, 1, 1b ��. Honorable City Council July 17, 2002 Page 7 SECTION 1. That the Moorpark Municipal Code is amended by revising Section 3.36.200, Definitions, "Library facilities" to read as follows: "Library facilities" means library collection materials including books, video and audio materials, periodicals, CD rom disks, and other related materials which are available in, or for loan from, Moorpark library; computers for public access, and designed for use by library patrons; and library capital improvements, including financing, acquiring, constructing remodeling, landscaping, lighting, and or furnishing such public library facilities. SECTION 2. That if any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 3. This ordinance shall become effective thirty (30) days after its passage and adoption. Honorable City Council July 17, 2002 Page 8 SECTION 4. The City Clerk shall certify to the passage and adoption of this Ordinance; shall enter this Ordinance into the book of original Ordinances of the City of Moorpark; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after passage and adoption thereof, cause the same to be published once in the Moorpark Star, a weekly newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED, APPROVED, AND ADOPTED this 17th day of July 2002. Patrick Hunter, Mayor ATTEST: Deborari Trattensteat, city ulerx ITEM Q• 13• CTTV OF monRrnRK, CALTFORNTA City Cf/ miry' JrFfing of „ J"u 1 y I `7 4 '2ZA2_ ACTTO : ^Ppro ved Stc -F-f- - __ r",ec0n1me►1C1Gfii0n MOORPARK CITY COUNCIL V—V 3 : 0 I-FC.0 p2r-+ �OZ► �U kLiloSP�ri� AGENDA REPORT + TO: Honorable City Council FROM: Nancy Burns, Senior Management Analyst DATE: July 3, 2002 (CC Meeting of July, 1 , 2002) SUBJECT: Consider Tax Equity Fiscal Responsibility Act (TEFRA) Hearing Related to Vintage Crest Senior Apartments (GPA 2002 -01, ZC 2002 -01, RPD 2002 -02), on Application by USA Properties Fund, Inc. BACKGROUND USA Properties Fund, Inc., is proposing to develop Vintage Crest Senior Apartments, a 190 -unit senior apartment project located at the intersection of Park Lane and Park Crest Lane. All units will be affordable to low and very low income households. Financing for this project is anticipated from the issuance of tax - exempt revenue bonds in the amount of $16,500,000 and from 4% tax credits. The bonds will be repaid from the revenue generated by rents from this project and be non - recourse both to the City and to the Redevelopment Agency. A Regulatory Agreement between the Developer and the City will assure ongoing affordability of all units in the project and will set forth reporting requirements to monitor this. DISCUSSION At a Special Meeting June 19, 2002, the Council approved a resolution which set forth the City's intent to issue multi- family housing revenue bonds for this project and to authorize the reimbursement of certain expenses associated with the project from the proceeds of the bonds. Internal Revenue Code requirements stipulate that a public hearing be held to provide the general public the opportunity to express views regarding the project itself or the proposed issuance of the bonds. At its Regular Meeting of June 19, 2002, Council authorized that Honorable City Council Meeting of July 17, 2002 Page 2 this hearing be scheduled and publicly noticed. The hearing has been duly advertised as required by law. STAFF RECOMMENDATION 1. Open the public hearing and accept testimony form the public; 2. Close the public hearing; and 3. Approve a motion that the TEFRA requirements of the Internal Revenue Code have been met and public comments have been duly recorded. ITEM 1 _ r()ORPARR, CALIFORNIA City Cmincil Meeting Consider Presentation by County of Ventura Elections Staff Regarding Recruitment of Election Officers. THERE IS NO WRITTEN AGENDA REPORT FOR THIS ITEM. MOORPARK CITY COUNCIL AGENDA REPORT ITEM 10. 6. CTTV OF MOORPARK, CA1,1FORNIA City Cmincil Meetiniz nt T�1�y I"1, 200Z ACTTON: Appr"Q%/ejd C—tCrf -f- reco nomendGfion aC__ UmPnde� RV: TO: Honorable City Council FROM: Barry K. Hogan, Community Development Directo Prepared By: Joseph F. Fiss, Principal Plan er DATE: July 3, 2002 (City Council Meeting of 7/17/02) SUBJECT: Landscaping and Fencing Issues Related to Moorpark Country Club Estates, Tract No. 4928, Residential Planned Development No. 94 -01, Conditional Use Permit No. 94 -01 BACKGROUND At the June 19, 2002, City Council meeting, staff was directed to prepare a report on the orchards and fencing issues of concern and provide a suggested course of action for items related to occupancy of the units. There are several other issues of concern that staff has with the project, but those issues will be discussed in a staff report for the August 21, 2002 City Council meeting. The Toll Brothers development (Toll) consists of 216 single- family dwellings, twenty -seven holes of golf and a clubhouse. It is located at the northern city limits on the west side of Walnut Canyon Road and extends westerly to include frontage on Grimes Canyon Road. Phase 1, adjacent to Grimes Canyon Road and south of Championship Drive, consists of ninety -five (95) lots, including six (6) lots in the model complex. Nineteen (19) of those lots are adjacent to Grimes Canyon Road with one (1) lot at the corner of Grimes Canyon Road and Championship Drive and nine (9) lots adjacent to Championship Drive. A total of thirty -six (36) building permits have been issued in Phase 1 (excluding 3 model homes), leaving fifty -three (53) additional homes to be built to complete Phase 1 (see Exhibit 1). Exhibit 1 shows nine (9) lots along Grimes Canyon Road and six (6) lots along Championship Drive where building permits have not been issued. The issues of the orchards and the fencing first arose when Toll asked about adjusting the lot lines for lots 2, 3 and 4, to move the property line from the top of slope to a point 10 to 12 -feet Honorable City Council July 17, 2002 Page 2 below the top of slope. It was at this time that the current staff discovered that the lots along Grimes Canyon Road and one (1) lot on Championship Drive showed the rear property lines 10 to 12 -feet below the top of slope. While investigating the possibility of adjusting the lot lines for lots 2, 3, and 4, the orchard planting was discovered. Since staff did not. have an approved Landscape Plan nor an approved Fencing Plan, Toll was notified that the orchard planting was inappropriate and the fencing was required to be at the top of slope. Toll was directed to stop all planting and fencing and to correct the problem. DISCUSSION ORCHARDS: Residential Planned Development approval (RPD No. 94 -01) required landscaping of the entrances to the project. Section I, Condition No. 22, relating to Gateway Entrance Monumentation, Streetscape Standards and Neighborhood Design Form, states: "An orderly and consistent street tree planting program shall be required for both entranceways to provide a landscaping pattern that resembles a rural ranch, entry road design. Trees shall be spaced at equal intervals or clustered [emphasis added] as approved by the Community Development Director. Recommended tree plantings for these entry points and along "C" Street [Championship Drive] shall include the non - natives typically used in ranch settings for entryways including pepper, eucalyptus and olive trees. Other street tree plantings shall be consistent with the Ventura County Guide to Landscape Plans. The Community Development Director shall review and approve all gateway, streetscape, and street tree planting programs for the project prior to Zoning Clearance for the first residential unit and all such landscaping for each approved phase shall be installed prior to the first occupancy for that phase." The original RPD was approved with "Draft Architectural Design Guidelines" that did not specifically address landscaping in the entry areas. Subsequently (September 26, 2001), Architectural Design Guidelines were reviewed and approved by the then Community Development Director and then Planning Manager. In violation of the aforementioned condition of approval of the project, the approved Architectural Design Guidelines call out for "...several working orchards, sited at focal points along Grimes Canyon Road and Walnut \ \MOR_PRI_SERV \City Share \Community Development \R P D \1994 -01 \02.07.17 Toll Issues Report bkh rev l.doc 5.+ '✓ a.,� �.� s+a. Sri Honorable City Council July 17, 2002 Page 3 Canyon Road..." Avocado and citrus trees are called out as the plant type for the orchards. Previous staff approved the Architectural Design Guidelines in error. Additionally, it was never pointed out to the Council that the Architectural Design Guidelines contemplated a different approach to the entry landscaping. It is also important to note that orchards are contrary to the Ventura County Landscape Guidelines currently used by the City of Moorpark. Portions of the landscaped area are within the Homeowner's Association (HOA) area of responsibility and other portions are within the Assessment District's area of responsibility. While the areas where the orchards are located are in the Assessment District, notes on the submitted but unapproved landscape plans, propose that the Homeowner's Association would maintain the orchards. Staff is concerned with the maintenance of the orchards. A Homeowner's Association is not in the agriculture business and as such, would have to contract for the maintenance of the orchard. Agriculture is a business dependent upon a number of factors that are often times, beyond the control of the owner; example, weather, pests, irrigation water, and labor. It is staff's opinion that introduction of orchards, as a part of the overall landscape maintenance, is inappropriate and should not be allowed. In addition, it appears to be contrary to Policy 11.2 of the Land Use Element of the Moorpark General Plan, which states: When new residential development is adjacent to existing agricultural uses, a 200 -foot minimum width setback shall be provided to minimize compatibility conflicts. In November 1999, the Planning Commission considered and recommended denial of Toll's General Plan Amendment request to modify the setback from 200 -feet to 100 -feet. Toll subsequently dropped this request and modified the map to conform to the 200 - foot buffer requirement. Recommendation: Two alternatives are presented. Recommended Alternative: Direct Toll to remove all orchard planting and submit Landscape Plans showing landscaping consistent with the approved conditions, along with a remediation plan for the grove areas. \ \MOR_PRI_SERV \City Share \Community Development \R P D \1994 -01 \02.07.17 Toll Issues Report bkh rev l.doc 11 1e (x{41 ; Honorable City Council July 17, 2002 Page 4 Alternative: Approve the orchard planting for the development; direct Toll to amend and record the approved CC &R's to include provisions for maintenance of orchards by the Homeowner's Association subject to approval by the Community Development Director and the City Attorney; direct Toll to amend the Landscape Maintenance District boundaries to exclude all orchard areas and amend the General Plan Land Use Policy 11.2 to allow orchards. FENCE LOCATIONS: Two (2) Minor Modifications have been approved for this project. Minor Modification No. 1 was approved on February 2, 2000, and Minor Modification No. 3 was approved on August 1, 2001. The Minor Modifications authorized changes to the golf course and residential lot layout. Minor Modification No. 1 substantially changed the layout of the golf course, the lots and the grading. It was at this time that the General Plan, zoning and the lot line issues should have been addressed. These modifications were ostensibly done to reduce the amount of grading, create private streets, and improve the neighborhood configuration by locating Championship Drive further north, reconfiguring the east golf course from eighteen (18) holes to nine (9) holes, reconfiguring the west neighborhood south of Championship Drive and rearranging the residential lot configuration. These modifications were approved with no discussion of the location of lot lines, vis -a -vis fence locations and slope locations. There was no indication in the original application that lot lines would be relocated to a nonstandard location; example, standard location of lot lines would be at the top of manufactured slopes. Exhibit 8 (Phase Plan and Maps) of the then, Community Development Director's report for the February 2, 2000 Council meeting has the contours, that upon very close scrutiny, shows the lot lines at a location below the top of the slope. The staff report itself does not address that the lot lines were being moved from the top of the slope location as originally approved on the Tentative Tract Map. I could not find any other documentation that the Council was requesting to specifically allow such a change. Based on Exhibit 8, the Final Map was approved by the then Community Development Director, City Engineer, and City Council with the lot lines below the top of the slope. There was also no discussion that the existing approved General Plan and zoning designations would be inconsistent with the new lot configurations. Current staff discovered that the lot lines were not at the top of the slope when Toll came forward for a lot line adjustment to relocate three (3) lot lines to below the top of the slope. At that time, in early January 2002, it was also discovered that the \ \MOR_PRI_SERV \City Share \Community Development \R P D \1994 -01 \02.07.17 Toll Issues Report bkh rev l.doc CW l ' a � & Honorable City Council July 17, 2002 Page 5 General Plan and zoning designations were not consistent with the approved map (see General Plan /Zoning below). The reason given by Toll for this non - standard practice was to offer homeowner's views that are unencumbered with fencing. It should be noted that the City of Moorpark does not have a Viewshed Ordinance and that views are frequently changed by growth of landscaping, development or changes in terrain. Usually, fencing and property lines are located at the top of slopes. This is done for a number of reasons. The top of a slope is an easily identifiable physical feature to have as a property line. Property lines located at the top of the slope would, in this case, create a clear visual and physical distinction between privately maintained areas and publicly maintained areas. Rear yard setbacks are typically measured from property lines. By placing a property line ten (10) to twelve (12) feet below the top of the slope, with the required 25 -foot rear yard setback, a room addition, patio cover, gazebo, cantilevered decks, "infinity" pools, or other structures could be constructed very close to the top of the slope. This situation would also defeat one of the purposes of a rear yard setback; example, having a private outdoor area for the homeowner's recreation. There is also concern over development in the slope area and the aesthetics, as viewed from public streets and other public areas. Since this is an area which is not seen by the homeowner, it can often times be utilized for dog runs, mechanical /pool equipment storage and vegetable gardens or orchards in an effort to maximize the useable lot area. Cross lot drainage, however little, could also become a concern, especially in the event of soil over saturation and slope failure. It should also be noted, that the property line fences are proposed to follow property lines, which do not in many cases, follow the contour lines. What this creates, is a fence that would appear from the down slope side, to vary in height as it crosses contour lines. From the down slope side; example, the golf course, Grimes Canyon or Championship Drive, the fencing would appear to "jump" back and forth in height. However, with the proper legal tools it is possible to minimize potential drawbacks to below grade fencing. In this case, a restriction could be added to the Conditions, Covenants, and Restrictions (CC &R's) to prohibit development on or over the slope area. The CC &R's could also provide a minimum setback of ten (10) feet from the top of the slope to a structure, in order to minimize the overbuilt look. The CC &R's could also restrict the type of \ \MOR PRI SERV \City Share \Community Development \R P D \1994 -01 \02.07.17 Toll Issues Report bkh rev l.doc Honorable City Council July 17, 2002 Page 6 landscaping and require an appropriate level of maintenance by the homeowner, with enforcement by the Homeowner's Association. If the fencing is to be relocated to the top of the slopes, the property lines must also be relocated to remain consistent with the conditions of approval, which state that property line walls and fencing must be no further than one (1) inch from the property line. The following table describes those lots in Phase 1 (TM 4928 -1) that face Grimes Canyon Road, Championship Drive, the golf course, or other lots: Rear lots Rear lots facing Rear lots facing Rear lots Grimes facing Golf facing Canyon Championship Course other lots Zoning Clearance Issued 11 3 13 12 Zoning Clearance Not Issued 9 6 21 20 Total 20 9 34 32 There are a total of ninety -five (95) residential lots recorded in Phase 1. Recommendation: There are two (2) recommended alternatives presented for the West Neighborhood. Recommended Alternative for the West Neighborhood: Direct staff to approve the location of fences 10 to 12 -feet below the top of the slope except for lots 1, 2, 3,and a portion of 4 where the fencing shall be at the top of slope. Direct Toll to submit fencing plans, showing the fencing at the approved locations. Direct Toll to amend and record the CC &R's, prior to any occupancy of the homes, to include provisions for HOA maintenance of privately -owned areas from the top of the slope to the property line, in the event individual property owners fail to maintain this area; restrict any construction within said areas; prohibit structures in said area S: \Community Development \R P D \1994 -01 \02.07.17 Toll Issues Report bkh rev l.doc Honorable City Council July 17, 2002 Page 7 (except for pools which would be allowed with in 3 -feet of the top of slope), or any roof overhang from a structure or projection of the structure beyond the footprint of the structure within ten (10) feet of the top of the slope; prohibit structures, equipment or anything other than well - maintained landscaping within the slope area; allow for the planting of vines, hedges or other landscape screening in said area in front (the public view side) of the fences to screen the fences. Direct Toll to insert language in the CC &R's that states that views are not guaranteed by the City or the developer and may be at some point in the future obscured by mature landscaping or other changes. The CC &Rs shall be reviewed and approved by the Community Development Director and the City Attorney prior to recordation. Alternative for the West Neighborhood: Direct Toll to file a Tentative Tract Map to relocate the property lines of all lots to the top of the slopes and to relocate all fencing to the top of the slopes. ADDITIONAL OUTSTANDING CONDITIONS AND ITEMS: There are a number of outstanding items, which still remain to be completed. The General Plan Amendment and the zone change still remains to be completed and is not likely to be scheduled for review by the Planning Commission until August 26, 2002, and City Council action until September 18, 2002. The Landscape Plan and Fencing Plan needs to be changed to reflect the latest Council action, resubmitted to the City Landscape Architect and reviewed for compliance and then approved, if it complies. There are eight (8) conditions of approval of the RPD and the Vesting Tentative Map (see attachment 2) which, as currently worded, are required to be met prior to occupancy of the first home. Obviously, it this is not going to occur, staff recommends that the Council give direction to staff to release for occupancy the first thirty -six (36) homes where building permits have been issued. Additionally, Council should direct staff to meet with Toll so that resolution of these conditions can be accomplished at the August 21, 2002 City Council meeting. STAFF RECOMMENDATION 1. Approve staff recommended alternative for the orchards as indicated in the staff report. 2. Approve staff recommended alternative for the fencing as indicated in the staff report for the west neighborhoods. \ \MOR_PRI_SERV \City Share \Community Development \R P D \1994 -01 \02.07.17 Toll Issues Report bkh rev l.doc v Ys 'u . 3 Honorable City Council July 17, 2002 Page 8 3. Allow a maximum of thirty -six (36) occupancies in Phase 1 before completion - or prior to the first occupancy requirements. 4. Direct staff to meet with Toll to present a recommendation to Council at its August 21, 2002 meeting that resolves the conditions of approval of the RPD and VTM which are tied to occupancy. Attachments: 1. Exhibit 1 - Phase 1 Toll Development. 2. Conditions to be met prior to occupancy. \ \MOR_PRI_SERV \City Share \Community Development \R P D \1994 -01 \02.07.17 Toll Issues Report bkh rev l.doc C 4 i • r • ' W ag %d �O �'r_ f Y 1� •�w m K H 1 1 w� a M 'All 24 o v ,11.86' / � I 1410.32' XTAIL HEREON) �O �'r_ f Y 1� •�w m K H 1 1 w� Toll Conditions Tied to Occupancy 1. VTM #20: Prior to opening "C" Street, the western residential area streets and cul -de -sacs (labeled as public on the Vesting Tentative Map) to public use, the Applicant /Developer shall request the City to adopt a resolution authorizing enforcement of applicable provisions of the California Vehicle Code and Moorpark Municipal Code. 2. VTM #23: The draft CC &R's shall be submitted to the Community Development Director and the City Attorney for review and approval, prior to approval of the first phase of the Final Map by the City Council, and the subdivider shall be required to pay all costs associated with such review. All applicable conditions of approval shall be highlighted in the copies of the CC &R's submitted for city review. Prior to the sale of any lots, the CC &R's shall be approved by the State Department of Real Estate and then recorded. Approval by the City shall not be construed to mean that the City has any obligation to enforce CC &R' s . 3. RPD #22: Both the eastern and western "C" Street entrances to the proposed project shall provide residential, community entry monumentation signage and appropriate landscaping at entry points. A sign program shall be submitted to the Community Development Director for review and approval prior to the first residential occupancy. An orderly and consistent street tree planting program shall be required for both entranceways to provide a landscaping pattern that resembles a rural ranch, entry road design. Trees shall be spaced at equal intervals or clustered, as approved by the Community Development Director. Recommended tree plantings for these entry points and along "C" Street shall include the non - natives typically used in ranch settings for entryways including pepper, eucalyptus and olive trees. Other street tree plantings shall be consistent with the Ventura County Guide to Landscape Plans. The Community Development Director shall review and approve all gateway, streetscapes, and street tree planting programs for the project, prior to Zoning Clearance for the first residential unit, and all such CC EXHIBIT a %_ I --. landscaping for each approved phase shall be installed, prior to the first occupancy for that phase. 4. RPD #29: Prior to the recordation of each applicable phase of development, two (2) sets of Landscaping and Irrigation Plans, together with a maintenance program, shall be prepared by a State - licensed Landscape Architect for the Maintenance Areas and Common Maintenance Areas for the Tract. The plans shall be in accordance with the Ventura County Guide to Landscape Plans and applicable City policies, plans and ordinances, and shall be submitted to the Community Development Director for review and approval. The Applicant /Developer shall bear the full cost of plan review, installation and final inspection. The landscaping for the Maintenance Areas and Common Maintenance Areas in each approved phase of development shall be installed and receive final inspection and approval, prior to the first occupancy in each phase. (The landscaping for "C" Street is required to be installed prior to the first golf course occupancy; however, if residential development precedes golf course construction, the landscaping for "C" Street shall be installed and receive final inspection and approval, prior to the first residential occupancy.) 5. VTM #55: A Perimeter Boundary Fencing and Wall Plan are required to be submitted for the Community Development Director's approval, prior to approval of the first phase of the Final Vesting Map. The Perimeter Boundary Fencing and Wall Plan shall include the type, height and location of all fencing and /or wall to be installed, along the perimeter of the entire project site and along "C" Street and within the "C" Street parkway. Boundary perimeter fencing or walls shall be installed prior to the first residential or golf course occupancy in each phase. Perimeter boundary fencing shall be a minimum of six (6) feet in height and shall be installed by the Applicant /Developer, adjacent to agricultural zoned property, prior to the first golf course occupancy approval or first residential occupancy approval north of "C" Street, whichever occurs first, and shall represent a substantial barrier to discourage vandalism and trespassing. The Community Development Director may approve high - quality chain link fencing, adjacent to agricultural properties, in locations where such fencing would not be visible from the public right -of -way or the adjacent residential pads. In all other perimeter locations, not adjacent to agricultural zoned property, either wrought iron fencing, a block wall, or a combination shall be provided, as determined by the Community Development Director in the Perimeter Fencing and Wall Plan. 6. VTM #136: Prior to occupancy of the first residential unity of Tract No. 4928 or the first golf course facility, whichever occurs first, the subdivider shall improve Walnut Canyon Road, as specified in these - conditions. 7. VTM #142: Prior to issuance of the first Zoning Clearance for occupancy of either the golf course or the first residential unit, the intersection of Grimes Canyon Road and Highway 118 (Los Angeles Avenue), shall be modified to provide a southbound left turn pocket on Grimes Canyon Road and westbound right turn lane on Los Angeles Avenue. Modifications shall also be made at the railroad crossing adjacent to this intersection to improve the safety of this location, as approved by the City Engineer. In addition, a median acceleration lane shall be provided for southbound traffic turning eastbound along State Route 118. Plans for modification of the Los Angeles Avenue (State Route 118) /Grimes Canyon Road intersection shall be reviewed and approved by the City and Caltrans. Plans for modification of the railroad crossing shall be reviewed and approved by the Southern Pacific Railroad, County of Ventura and the City. A sight distance study shall also be conducted as part of the intersection and railroad crossing modifications. 8. VTM #143: Prior to occupancy of the first residential unit of Tract No. 4928 or the golf. course facility, whichever occurs first, the subdivider shall improve Grimes Canyon Road, as specified in these conditions. C �' _ %' T-; 4-� r- 07, Pc 1 •�� � �'d04 ITEM ' C`8 MOORPARX, CAL1'FORM�k CITY OF MOORPARK Cif, Cnlancil Meeting COMMUNITY DEVELOPMENT DEPARTMENT �1 I - >Z MEMORANDUM A ve 5_-1Crff— recor► -wnien dgfiOr _QS - -- To: Honorable City Council Q `!"?d ea r� C From: Barry K. Hogan, Community Development Direct Prepared By: Joseph F. Fiss, Principal Plann Date: July 3, 2002 (City Council Meeting of 7/17/02) Subject: Violations at Moorpark Country Club Estates, Tract No. 4928, Residential Planned Development No. 94 -01, Conditional Use Permit No. 94 -01 The following are the Zoning /Planning and Engineering violations that have taken place during the course of this project. Zoning /Planning Issues 1. Landscaping has been installed without benefit of approved Landscape /Irrigation Plans. This includes landscaping of slopes and the orchards /groves. 2. Fencing partially installed without benefit of approved Fencing Plan. 3. Lack of compliance with conditions of approval that tie in with occupancy. - 4. Lack of compliance with Zoning and General Plan, when lot lines were moved by approval of Minor Modification No. 1. Engineering Issues The City Engineer has identified a number of issues of concern. These issues include certain failures in plan preparation, construction without permits, and unresponsiveness to plan check corrections and field corrections. The attached memorandum from the City Engineer outlines in detail the issues of concern (Attachment 1). BKH:jf Attachment: Memorandum from City Engineer Honorable City Council July 17, 2002 Page 2 ATTACHMENT 1 City of Moorpark MEMORANDUM Date: July 12, 2002 To: Steve Kueny From: Walter Brown, City Engineer Subject: Tract 4928, Toll Brothers - Problems In response to your query today, regarding problems with the project, I have reviewed meeting minutes, interviewed my staff, reviewed my journal and searched my memory. The consensus is that the project is troublesome. There is no confidence level that, what is supposed to happen will happen, without an extraordinary level of diligence on our part. Toll Brothers and their contractors have a consistent track record of: arguing over the meaning of the conditions of approval for the project; performing design work in contravention of the conditions of approval; installing improvements that are not "as shown" on the approved plans; and, committing to courses of action and reneging on their commitments at a later date. Some specific examples are listed below. A. PLAN PREPARATION 1. Insistent refusal to design in accordance with the conditions of approval. Examples are: a. Unmodified conditions required that two (2) lanes be kept free of stormwater inundation during the design storm. The developer and its engineer refused to prepare plans to show the number of drain inlets and extent of the storm drain system to meet the condition of approval. The developer sought approval of a modification of the condition that would reduce the number of open lanes to one (1). The developer's engineer then pressed for a design that fell short of the new and reduced requirement. b. Walnut Canyon Road lane widths are specified in the conditions of approval. The developer has not \ \MOR PRI SERV \City Share \Community Development \R P D \1999 -01 \Toll Violations Memo rev..doc Honorable City Council July 17, 2002 Page 3 moved from a position that the lane widths should be narrower than the ones clearly specified in the conditions of approval. 2. Failure to address plan review comments. 3. Reformatting (new sheet cuts) of plans between subsequent plan reviews. This resulted in poor quality control by Hunsaker Engineering and the need to plan review each submittal as though it were a first review. 4. Consistent insistence by the developer's engineer that Moorpark should allow the use of Orange County Design Standards (rather than Ventura County or City of Moorpark Standards). Preparation of revisions to the project plans that contained unannotated changes. The industry practice in plan revisions is to mark them with red pencil and surround them with a red "cloud." The developer's engineer prepared revisions marked with red pencil, while also adding changes to the plans that were blue printed onto the plan sheet, without red marking or "clouds." My comments to the engineer were, "Failing to designate changes in the plans as revisions is, in the most generous take, a serious mistake. Submission of undesignated changes for the purpose of changing the public record to gain an approval without review is unethical." This particular issue surfaced again. A letter was sent to Mr. Richard Hunsaker, the owner of Hunsaker Engineering, on June 28, 2002. The text of the letter explains the problem as follows: "Subject: Revisions to Approved Plans (Change Orders) Dear Mr. Hunsaker: On numerous occasions we have informed you of the importance of protecting the public records, particularly in the process of making revisions to approved drawings in the Change Order process. In times prior to the use of computers for the drafting of improvement plans, all revisions to approved drawings were done entirely on the original, signed mylars by hand drafting. The mylars were only released to the Engineer of Record under the strictest of situations and then duplicate mylars were held as verification of the originals, so they could be compared to the \ \MOR PRI SERV \City Share \Community Development \R 2 D \1994 -01 \Toll Violations Memo rev..doc Honorable City Council July 17, 2002 Page 4 final revisions. Currently, a great number of engineering companies, as with yours, complete the drafting on computers by use of Computer Aided Drawing (CAD) and when the final design is completed, the drawings are plotted on mylars and are signed as originals. The result being, that revisions to approved drawings can be done more efficiently, since the "original" drawings are now in a CAD file. The problems arise, since CAD files can be easily revised in areas that are not easily detected and the underlying goal of this agency is to protect the original signed drawing since it exists as a legal document. Before we began accepting change orders from you, we explained the process and the expectations and reservations we had with keeping the original drawings intact. We would have preferred for you to make all approved revisions by means of hand drafting on the original approved mylars, as has been done for many years. But due to the fact that you anticipated not only numerous revisions to the approved drawings, but also extensive ones and the fact that you had developed the drawings in CAD, we have proceeded with making use of CAD drawing revisions over a "base" of a scanned original for plan check purposes. When the plan revisions reached a status of "ready for approval ", you submitted a replacement mylar for that original drawing. This was given final review confirming only the approved changes were revised on the original approved drawing. This new mylar was then resigned by the City Engineer and this replaced the "original" mylar. Both the original and the replacement are being kept for record. In the past, we have met with you and your engineers on numerous occasions to discuss our concerns that this was not being attained by your submittals. This was formalized in a letter to you dated January 22, 2002. Currently, in the review and plan checking process of your submitted Change Orders, we have again noted that you are making unauthorized or unidentified changes to the originals. You assured us on January 23, 2002, that you would police your submittals and assured us this would no longer occur. We do not have the resources to spend countless hours to quality control your drawings. Case in point is sheet number 17 of 61of the Tr. 4928 grading plan. This sheet shows a number of notes and numbers that have been omitted from the scanned approved "original ". In addition, it shows an attempt to revise the top of slope locations of lots 1 and 2. The original approved grading plan shows those lot lines at the top of slopes and evidently the grading on the site was not in conformance \ \MOR PRI SERV \City Share \Community Development \R P D \1994 -01 \Toll Violations Memo rev..doc Honorable City Council July 17, 2002 Page 5 with those approved plans. We feel there may be more locations where the scan of the original has been electronically altered. Therefore, We are returning all the unapproved change order submittals until you can assure us that all the submittals are in conformance with our requirements. If you do not feel that you can have the level of quality control necessary to accomplish this, we will need to revert back the hand drafting of the "original" mylars. Please make arrangements for picking up your submittals at your earliest convenience. I have attached a copy of the letter of January 22, 2002, for your review. Please revisit the minimum requirements as discussed therein." B. UNATHORIZED WORK 1. The developer authorized construction of approximately 500 feet of dual, 48 -inch diameter concrete cast in place pipe (CIPP) without plans, inspection or concept approval and in direct contravention of specific direction from me. Drawing 00- ML- 10618, approved on 10/31/00, shows a 90 -inch diameter, corrugated metal pipe (CMP) to be constructed, per separate plans, under the driving range. Hunsaker Engineering had not (and has not) provided satisfactory concept plans, construction plans or hydrologic or hydraulic calculations to support the installation of the 90- inch pipe. Additionally, the use of CMP requires soil testing to show that the soil properties will not cause accelerated corrosion of the pipe. Several weeks before the installation of the CIPP, I noted large diameter CMP stored on the site. Because of its large size and because no soil testing results for CMP had been provided for review, I asked Craig Messi and Harvey Fincher about the pipe. When they told me that the pipe was planned to be installed under the driving range, I pointed out that no plans had been approved for that installation and that before I would approve the use of CMP, that they would need to provide laboratory test results that showed that the CMP would have a satisfactory service life. I inquired weekly about the status of the soil test. After a few weeks, Craig Messi told me that they would not be using CMP because the test results were not satisfactory. At \ \MOR PRI SERV \City Share \Community Development \R P D \1999 -01 \Toll Violations Memo rev..doc Honorable City Council July 17, 2002 Page 6 that time, I reiterated my earlier instructions that no improvements were to be installed without approved plans. I also reminded them that, although we are not requiring the review and approval of small drain lines (12 -inch diameter and smaller) in the golf course, that significant drainage facilities must be reviewed and approved. Approximately two (2) to three (3) weeks later (exact time is uncertain because the site of the dual 48 -inch CIPP was not an active construction area at that time), Toll Brothers had the dual 49 -inch CIPP installed without approved plans and without calling for inspection. The developer has been directed, in writing, to remove the dual 48 -inch CIPP. 2. On November 16, 2001, Chaparral Construction, under the direction of Harvey Fincher, Toll Brothers off - site superintendent, began the installation of curbs and gutters. In this case the developer had not called for inspection nor had the developer's soils consultant had the time to perform soil compaction testing on all of the areas to be paved. The curb and gutter was to be poured on areas where the contractor had graded, immediately before the pour. Some of the areas had been too low before grading and loose soil had been spread in those locations. In the face of a great deal of argument from Mr. Fincher, the contractor's operation was stopped, measurements of the line and grade of the curb taken and soil compaction tests made. 3. On March 26, 2002, the developer ordered the installation of the southerly median curb on Championship Drive, by Chaparral Construction, immediately east of Grimes Canyon Road. The curb was apparently installed late in the afternoon, after our inspector had inspected the construction of curb and gutter on the south side of Championship Drive and left the project. At that time there were no preparations underway or any indication of the developer's intent to pour the median curb. Our inspector was not told that the curb was to be installed and did not have an opportunity to confirm the soil conditions under the curb. The developer was give written direction to remove the median curb. \ \MOR PRI SERV \City Share \Community Development \R P D \1999 -01 \Toll Violations Memo rev..doc Honorable City Council July 17, 2002 Page 7 4. On April 22, 2002, I flew over the Toll Brothers site on my flight home. I saw an encroachment into the Gabbert Wash, south of the most southerly golf cart bridge. I visited the site on April 23, 2002, and inspected the encroachment at close range. The encroachment consisted of a tractor and light vehicle crossing of Gabbert Wash. The vehicles had knocked the sit fence down and collapsed a portion of the vertical bank of the wash and pushed soil into the wash. I had been at the site on April 17, 2002. The encroachment did not exist at that time. Upon review of the California DFG permits for the project, including the golf course bridges, I am satisfied that the encroachment was not permitted. I discussed this issue with Craig Messi during a special meeting, after our weekly meeting. Craig, Jim Boyd, Key Turf's superintendent, Norm Peck, of our office and others attended the meeting. In that meeting, Key Turf's superintendent accepted immediate responsibility and pledged his commitment to repair the damage. Key Turf's superintendent was the individual who directly authorized the garbage pit at the southerly line of the project, which has since been emptied, and backfilled. 5. The extent of allowable encroachment into Walnut Canyon Wash has been a debated issue between Toll Brothers and ourselves for the past several months. Toll has discovered that it will be difficult to retain the easterly banks of Walnut Canyon Wash and wants to extend their grading into the bottom of the wash. My review of the California DFG permit, convinces me that the proposed grading is not permitted. Craig Messi argues that his environmental specialist assures him that the encroachment was contemplated when the permit was issued. My response has been, that although there may have been discussion of additional encroachment, it did not get into the permit. Without the appropriate permit, we are not prepared to issue a permit or otherwise inspect or approve grading in a streambed. Yesterday, we discovered a D -9 Caterpillar dozer grading in the wash. The fencing required to delineate the protected area had been removed. I directed both the foreman with the excavation company, Ebenstiner Company, and with Harvey Fincher, Toll Brothers off -site \ \MOR PRI SERV \City Share \Community Development \R P D \1999 -01 \Toll Violations Memo rev..doc Honorable City Council July 17, 2002 Page 8 superintendent, to cease all operations on or adjacent to the protected areas until the fencing was restored. This morning it was clear that additional grading had been done adjacent to, and perhaps on, the protected areas. Because the fencing marked the protected area, we will not be certain until the location is resurveyed. 6. On July 2, 2002, Toll Brothers informed us that they had directed their paving contractor, Chaparral Construction, to pave Championship Drive from the then existing easterly terminus of pavement to the westerly right -of -way line of Walnut Canyon Road, a distance of approximately 1050 feet. During the paving operation, and while the inspector was at a different location, Chaparral Construction, at the direction of Toll Brothers, continued the pavement from the westerly right -of -way line of Walnut Canyon Road (SR -23) to the westerly edge of pavement of SR -23. The pavement, placed on native soil, has already failed structurally. Toll Brothers had previously been directed by me, to not perform any construction within the right -of -way of Walnut Canyon Road, a State highway, without the required encroachment permit from Caltrans and plans approved by the City. In response to my question as to why the pavement had been placed, Craig Messi of Toll Brothers, assured me that the only reason for the pavement was to keep the dust down. This rings hollow in light of the overly thick layer of asphalt for mere dust cover and because of his continuing failure to comply with our direction to control dust on the site by application of a dust pallitive. C. NON- COMPLIANCE WITH NPDES REQUIREMENTS 1. The developer has constructed and maintained fairly good, Best Management Practices (BMP) facilities, on the portions of the project site that are easily accessible. Areas that are more difficult to access have no BMPs or BMPs that have been acceptably maintained. The inadequacies in providing BMPs were not corrected until forcefully pointed out by my staff and me. The developer's staff and consultants have argued and taken actions that range fro,m denial that the project is subject to the provisions of the Clean \ \MOR PRI SERV \City Share \Community Development \R P D \1994 -01 \Toll Violations Memo rev — doc Honorable City Council July 17, 2002 Page 9 Water Act, to willing conformance to the NPDES permit requirements. 2. Specific examples of missing or poorly maintained BMPs that were not corrected until our staff and I threatened enforcement action include: a. Silt fencing along the interior wash was covered, pushed over and removed. Permanently graded slopes have not been permanently planted within thirty (30) days, as required by the conditions of approval. In a letter to Craig Messi, dated August 31, 2001, I wrote, "As I reminded you during our conversation, I have surfaced the issue of erosion control at each weekly meeting that I have attended. I have consistently reminded your firm that the conditions of approval for Tract 4928 require erosion control planting on any slope to be initiated within thirty (30) days of completion of that slope. I have repeatedly received Toll Brothers, Incorporated's assurances that the permanent planting plans were in review and expected to be approved within a short period and that permanent landscaping of the entire site would be completed on a crash basis, as soon as the landscaping plans were approved. After several such assurances, my response was that because permanent landscaping has not been installed, the site should be protected with temporary planting and other best management practices (BMP) . Your firm's NPDES compliance during the winter of 2000 -01 was less than satisfactory."'.... and further, "During site inspections of the project on the 28th and 29th of this month I observed a great deal of landscape grading, installation of irrigation systems and planting on the golf course. I also observed some progress in the installation of temporary water lines that may be useful in irrigating the site. I saw only a token effort of slope erosion control measures, consisting of repair and weeding, on any other slopes on the project. In fact, the non -golf course slopes, where work was being performed, were slopes immediately above the golf course. It is clear to me that selection of the non -golf course slopes being worked on was based on the priority of protecting the golf course. While I understand the desire to build and protect the golf course, the continued lack of your firm's good faith efforts to conform to the conditions of approval of the discretionary approvals and the grading permit for the project is not acceptable. ", the letter concluded, "I regret to have the need to remind Toll Brothers, Incorporated that failure to provide effective best management practices on the project will constitute default of the subdivision agreement and of the \ \MOR PRI SERV \City Share \Community Development \R 2 D \1999 -01 \Toll Violations Memo rev..doc Honorable City Council July 17, 2002 Page 10 grading permit and constitute violation of the Ventura County Municipal Storm Water, NPDES Permit. Given the firm's past performance on this project, the current level of effort and the priorities selected by Toll Brothers, Incorporated I am highly doubtful that your firm can achieve the required BMP measures. You will note that copies of this letter have been directed to the Los Angeles Regional Water Quality Control Board, the Ventura County Flood Control District and to The Continental Insurance Company; the bonding company for the project. By this letter, I am seeking the assistance of each of these organizations in convincing Toll Brothers, Incorporated that it must fulfill the requirements of the grading permit which incorporates the requirements of NPDES Permit No. CAS004002, the Ventura County Municipal Storm Water NPDES Permit." b. During the winters of 2000 -01, the developer discharged silt laden water onto the property of Mr. Dennis Swinburn, at 6685 Aspen Hills Drive. The discharge was due to a failure in the developer's design provisions, along the southerly border of the project. Although the developer took remedial action, the repairs were temporary and did not completely solve the situation, even in a temporary sense. The developer's engineer has prepared plans to provide permanent remedial action. The developer's delay in commissioning the plans and the time taken to prepare the plans has been excessive. The issue has been the subject of nearly weekly discussion with the developer. Action, albeit very slow action, has occurred only under threat of "stop work" notices. As of July 3, 2002, the repair and remediation work on Mr. Swinburn's property had still not been started. 3. A blatant violation of NPDES regulations occurred when Harvey Fincher, Toll Brothers off -site superintendent, began pumping silt laden water from the detention basin located to the northwest and discharging it into the wash within the project. This violation was not accidental, a mistake or the result of an oversight. It was a calculated and planned violation of the law. 4. An ongoing NPDES violation has been the developer's failure to maintain control of dust. Although the developer does direct that work roads be wetted, when \ \MOR PRI SERV \City Share \Community Development \R P D \1994 -01 \Toll Violations Memo rev..doc Honorable City Council July 17, 2002 Page 11 the issue is brought to its attention, it has not formulated an effective program to control dust from graded portions of the site that have not been planted or covered with erosion control matting. This issue has been repeatedly raised in weekly meetings with the developer. D. FAILURE TO MEET THE TIME CONSTRAINTS OF THE CONDITIONS OF APPROVAL 1. In addition to the issues listed above, the developer has failed to perform various other tasks within the time constraints required by the conditions of approval. Some of them are: a. The developer has declined to fence the site, even though this is required by the conditions of approval, and being directed to do so over a year ago. I have not pressed this issue until recently, when it became apparent that off -road vehicles drivers were using the site for a recreational area. b. The conditions of approval require the developer to complete improvements to Championship Drive and its intersections with Grimes Canyon Road and Walnut Canyon Road, before issuance of the first permit of occupancy. Although the models have been completed to the stage where they may be used for sales purposes, we have not issued nor have we required a certificate of occupancy for what are arguably buildings used for commercial purposes. This item is an example of the City of Moorpark operating in consistency and good faith to smooth the land development process. Given the present status of intersection improvement plans and construction of Championship Drive, it appears inevitable that the developer will have houses completed and otherwise ready for occupancy before the completion of all of the circulation elements. The July 3, 2002, paving of the portion of the connection of Championship Drive to Walnut Canyon Drive (SR -23), appears to be an effort to circumvent the Caltrans denial of an encroachment permit to perform work within the SR -23 right -of -way. Caltrans has refused to \ \MOR PRI SERV \City Share \Community Development \R P D \1999 -01 \Toll Violations Memo rev..doc Honorable City Council July 17, 2002 Page 12 grant an encroachment permit to Toll Brothers because of their failure to address the location of Championship Drive versus the driveway that serves the D. Wayne Jones property on the east side of SR -23. This issue has been raised to Toll Brothers by city staff for more than a year. Their response to the issue has heretofore been dismissive, with comments indicating that they would be able to make the problem go away. The present attitude seems to be that they will succeed in appealing the denial of permits. They appear to have no fall -back position. Recent comments lead me to conclude that Toll Brothers plans to use the substandard paving, at the road connection, as leverage to enlist the homeowner's aid in petitioning the City Council to approve occupancy of the homes without the traffic circulation system in place, that will provide for the public's safety. D. FAILURE TO MEET MATERIALS AND CONSTRUCTION METHODS REQUIREMENTS 1. During the last two (2) months, the developer brought large quantities of reinforced concrete pipe (RCP) onto the project site that was defective. Out of the RCP brought onto the site during this period, in excess of ninety (90) percent was rejected. Upon rejection, the developer was directed to remove the defective RCP from the project. The developer procrastinated removal, until issued an ultimatum. 2. On numerous occasions, the developer's contractors were discovered backfilling trenches in layers, whose thickness far exceed the criteria in the Standard Specifications for Public Works Construction (the "Greenbook "). The contractors have been required to remove excess material and compact the trenches to the specified compaction. 3. The developer has frequently demanded that our inspector be onsite on a regular basis. Although the concept has merit, it results in an inspector visiting the site when there is no work requiring inspection. We have pointed out to the developer that Section 2 -11 of the Greenbook requires the contractor to call for \ \MOR PRI SERV \City Share \Community Development \R 2 D \1999 -01 \Toll Violations Memo rev..doc Honorable City Council July 17, 2002 Page 13 inspections before noon of the day, preceding the day of the requested inspection. On several occasions, when caught covering work without inspection, the developer's off -site superintendent claimed he, or the contractor, had called for an inspection. Extensive polling of office and field staff revealed no such calls. We have suggested to the off -site superintendent, that if he would fax the requests to us, we would respond with a confirming fax to give him the assurance that we acknowledged the request (and not unimportantly to remove the excuse from his repertory). E. ILLEGAL WORK On March 12, 2002, I discovered a large pit measuring approximately 15 -feet wide, 30 -feet long and 15 -feet deep near the southerly boundary of the project, on a line extending approximately south of the golf clubhouse. The pit had been dug through rocky material. The material presented a difficulty in excavation that would demand a large, tracked, excavator on the order of a Caterpillar 235 or 330, similar to excavators on Toll Brothers project. The dirt road to the pit had sufficient traffic from the Toll Brothers site, that the surface was loose and powdered. I checked a dirt road that came to the site from the south. There had been very little traffic on that road. The pit contained grass cuttings, fertilizer bags, pesticide containers and construction rubble. The materials in the pit were consistent with materials used in the construction and maintenance of Toll Brothers golf course. This garbage pit had been neither reviewed nor permitted by the City. When confronted with the issue, Harvey Fincher, Toll Brothers off -site superintendent, did not seem surprised but was quick to say that the matter would be taken care of. I directed Mr. Fincher, both verbally and in writing, that the pit was to be completely emptied and the removed trash was to be hauled to a proper landfill, or if the materials were toxic, to a disposal site that is licensed to accept the toxic materials. I further directed him that upon completion of the cleanout, the pit was to be reviewed by Geolabs (Toll Brothers soils consultant) to confirm that no toxics remained and that no adverse geotechnical consequences would result from the pit excavation. Additionally, both verbally and in writing, I \ \MOR PRI SERV \City Share \Community Development \R P D \1994 -01 \Toll Violations Memo rev..doc Honorable City Council July 17, 2002 Page 14 directed Mr. Fincher to call for inspection when the pit was emptied and ready for backfill. \ \MOR PRI SERV \City Share \Community Development \R P D \1999 -01 \Toll Violations Memo rev..doc '•r ..Y,r •' f • ..• •• (403N3H 1IY13Q .98' ! Z tg aa so w •to � rs • , � n • 5?�c�oy� 2 I� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 ZC # 01 -401 CASE NO. TR 4928 ADDRESS Tract 4928 Lot # 1 SUBJECT single family house APPLICANT Toll Bros. OWNER "Toll Bros APPLIED 11/20/01 APPROVED 11/20/01 _01 -402 TR 492_8_ 4928 2 single family house Toll Bros. Toll Bros 11/20/01 11/20/01 _01- _ _ TR 4928 _Tract _ Tract 4928 3 single family house Toll Bros. Toll Bros 11/20/01 11/20/01 01 -404 _ TR 4928 Tract 4928 4 _ single family house Toll Bros. Toll Bros 11/20/01 _ 11/20/01 01 -405 TR 4928 11125 Lopez Ct. 5 _ single family house Toll Bros. Toll Bros 11/20/01 11/20/01 01 -406 TR 4928 11109 Lopez Ct _ 6 single family house Toll Bros. Toll Bros 11/20/01 11/20/01 01 -441 TR 4928 11142 Lopez Ct. 7 single family house Toll Bros. Toll Bros 12/06/01 12/06/01 01 -407 TR 4928 1115_8 Lopez Ct 8 single family house Toll Bros. Toll Bros 11/20/01 11/20/01_ 01 -408 TR 492 _8 pez Ct. 11142 Lo ______9 family house Toll Bros. Toll Bros 11/20/01 11/20/01 01 -409 — TR 4928 11190 Lopez Ct. - __single 10 single family house Toll Bros. Toll Bros 11/20/01 11/20/01 01 -41_0 TR 4928 11087 Vare Ct. 11 single family house Toll Bros. Toll Bros 11/20/01 11/20/01_' 01 -411 TR 4928 11050 Vare Ct. 13 single family house Toll Bros. Toll Bros 11/20/01 11/20/01 01-412 TR 4928 11084 Vare Ct. 14 single family house Bros. _ Toll Bros 11/20/01 01 -413 TR 4928 11076 Vare ct. 15 single family house _Toll Toll Bros. Toll Bros _11/20/01 _1 1/20/01 —02 -405 TR 4928 11051 Mann Ct. _ 16 single family house Toll Bros Toll Bros _11/20/01 06/12/02 01 -442 TR 4928 6891 Hogan St. 21 single family house_ _ Toll Bros. Toll Bros 12/06/01 12/06/01 01 -443 498 TR 2 6895 Hogan _ St 23 single family house Toll Bros. Toll Bros_ 12/06/01 12/06/01_' 02 -114 _ — _ TR 4928 -- 6775 Trevino Dr. - — 25 single family house Toll Bros. Toll Bros 02/15/02 02/20/02 01 -414 TR 4928 _ 6809 Trevino Dr._ 26 single family house Toll Bros. Toll Bros 11/20/01 11/20/01 02 -061 TR 4928 6791 Trevino Dr. 27 single family house Toll Bros. Toll Bros 01/16/02 01/16/02 02 -113 TR 4928 6743 Trevino Dr. 30 single family house Toll Bros. Toll Bros 02/15/02 02/20/02 01 -415 01 -416 TR 4928 — — TR 4928 6742 Trevino Dr. - - - 6758 Trevino Dr. - 31 32 single family house single family house Toll Bros. Toll Bros. Toll Bros Toll Bros 11/20/01 -- 11/20/01 11/20/01 11/20/01 01 -444 TR 4928 6774 Trevino Dr. 33 single family house Toll Bros. Toll Bros 12/06/01 12/06/01 01 -417 TR 4928 6790 Trevino Dr. 34 single family house Toll Bros. Toll Bros 11/20/01 11/20/01 02 -115 TR 4928 6808 Trevino Dr. 35 single family house Toll Bros. Toll Bros 02/15/02_' 02/20/02 01 -418 TR 4928 6824 Trevino Dr. 36 single family house T Bros. 011 _ Toll Bros 11/20/01 11/20/01 01 -445 TR 4928 6842 Trevino Dr. 37 single family house Toll Bros. Toll Bros 12/06/01 12/06/01 02-407 TR 4928 6858 Trevino Dr. 38 single family house Toll Bros Toll Bros 06/12/02 01 -419 TR 4928 11284 Jacobsen PL 50 single family house Toll Bros. Toll Bros 11/20/01 01-420 TR 4928 _ 11283 Jacobsen PI. 51 single family house _ Toll Bros. Toll Bros 11/20/01 _11/20/01_'' 11/20/01 02 -237 - TR 4928 11251 Jacobsen Pl. 52 _ single_family house Toll Bros. Toll Bros 01/16/02 01/16/02_' 02 -200 TR 4928 6908 Hogan St. 77 single family house Toll Bros. Toll Bros 03/13/02 04/26/02 02 -201 TR 4928 — 7032 Hogan St. 80 _ single family house Toll Bros. Toll Bros 03/13/02 04/26/02 02 -406 TR 4928 7012 Hogan St. 82 single family house Toll Bros Toll Bros 06/12/02 01 -447 TR 4928 6974 Hogan St_ 85 single family house Toll Bros. Toll Bros 12/06/01 12/06/01 01 -446 TR 4928 6958 Hogan St. 86 single family house Toll Bros. Toll Bros 12/06/01 12/06/01 01421_ TR 4928 6924 Hogan St. 88 single family house Toll Bros. Toll Bros 11/20/01 11/20/01 01 -422 01 -004 TR 4928 TR 4928 6908 Hogan St. LOTS 1 -4 89 single family house ,g, le (amf� y m.., odel Homes sin Toll Bros. Toll Bros. v Toll Bros Toll Bros 11/20/01 01/08/01 11/20/01 01/08/01 MOORPARK CITY COUNCIL AGENDA REPORT TO: The Honorable City Council imM 109c* ;_ .F '+ OORPARK, CA1,1FORMN t i;y f'nnnsil Nfeetinc 2-CXD2- Sta f -� ►�.on -, n, e, -�dGfi�� FROM: Mary K. Lindley, Director of Community Services DATE: July 2, 2002 (CC Meeting of July 17, 2002) SUBJECT: Consider AVCP Phase II Draft Construction Plan and Scope of Work SUMMARY The City Council is being asked to approve the draft construction plan (Attachment A) and scope of work for Arroyo Vista Community Park Phase II. Presented with the draft plan is a corresponding budget estimate that will identify the anticipated cost to construct and complete the scope of work for this portion of Phase II. The goal is to complete the work by June 1, 2003. BACKGROUND On September 6, 2000, the City Council approved the conceptual design for AVCP Phase II. In the undeveloped eastern portion of the Park, the approved design includes soccer fields, a restroom /concession /storage facility, a play lot, a large picnic area and pavilion, an undefined water feature, and parking lots. Within the developed portion of the Park the design incorporated an aquatics facility, a fourth softball field, relocation of soccer fields, a football practice field, bocci ball and shuffle board courts, and the completion of improved parking lots. Attachment A of this report identifies the approved plan. On October 3, 2001, the City Council authorized staff to secure the services of a project manager for the AVCP Phase II project. Additionally, the Council appropriated $6,000 toward the project budget for project management services. M: \MLindley \PARKS \Park Projects \AVCP Phase II \AVCP II draft design ccagd.doc Honorable City Council July 17, 2002 Page 2 On November 7, 2001, the City Council approved an agreement with Community Works Design Group (the Architect that designed AVCP Phase I) to prepare construction plans and specifications for Phase II. The Council also appropriated an additional $31,000 toward the project for a total budget of $37,000. DISCUSSION Based on the initial conceptual plan approved in September 2000, budget constraints, and a general understanding of which amenities are in greatest demand, a draft construction plan has been developed. This draft plan does not include everything that was identified in the approved conceptual plan. However, it does include amenities most critical at this time and will provide for expanded park use. The objective is to construct the remaining amenities as time and budget permits. As discussed in the October 3, 2001, Agenda Report, the amenities in the final draft plan for AVCP Phase II include: a fourth softball field, which will require modifications to the adjacent unimproved parking lot; hydroseeding and irrigating approximately 11 acres for multi - purpose fields (primarily soccer) ; construction of a playground with equipment; installation of a large picnic pavilion; grading of a new parking lot east of the football field; minimal hardscape improvements (concrete walkways) ; minimal security lighting; and miscellaneous site furniture such as picnic tables and trashcans. Not included in the plan is the restroom /storage /concession facility that is currently under construction; the aquatic facility, which the Council previously postponed for consideration in FY 2003/04; and the water feature and small parking lot identified at the east end of the park. Additionally, the draft plan proposes leaving the football practice field in its present location, rather than moving it to the east of the football game field as shown on the approved conceptual plan. Additionally, the plan proposes the installation of electrical conduit at the fourth softball field that will accommodate lights for the softball field, as well as the potential for lights for an adjacent multi - purpose field (soccer). Honorable City Council July 17, 2002 Page 3 Prior to completing the draft plan being presented to the City Council, staff met with representatives of the youth sports organizations that would be impacted by, and benefit from, the completion of AVCP Phase II (AYSO, Girls Softball, and Packer Football); although, Packer Football was unable to attend. The meeting provided the organizations with an opportunity to provide comments on the proposed design. The represented organizations identified the need for electrical outlets, future lighted sports fields, water hose bibs, and storage. They also provided input on the layout and placement of the future sports fields. Those comments were then incorporated into the final draft. In addition to the aforementioned improvements, staff is proposing that the existing above ground electrical utility line be underground. The line serves the irrigation water wells, the football practice field lights, and the new restroom facility. It originates on the north side of the Arroyo Simi and runs approximately 900 feet into the park. The estimated cost to underground the line to a point just south of the paved access road, based on discussions with Edison, is $120,000. This includes a new electrical transformer. Edison is not able to provide a firm cost at this time. They indicated that they would need to perform preliminary engineering work first, which would cost the City $2,000. If the City elected to proceed with the under - grounding work, the $2,000 would be applied to the total project cost. The total estimated cost of the plan improvements being presented to the City Council is $1.5 million, including the electrical under - grounding. A project budget has been attached to this Agenda Report (Attachment B). Undergrounding the overhead electrical lines at the east end of the park has been a long- standing goal. The proposed work in Phase II offers the City the most efficient opportunity to perform the work. The under - grounding work will never be less expensive, and performing the work with Phase II will be significantly less disruptive. Honorable City Council July 17, 2002 Page 4 With the City Council's approval of the draft plan, including the electrical under - grounding, staff will direct the landscape architect to proceed with construction drawings and specifications. This will allow us to prepare project plans and specifications, and proceed with the construction bid process. STAFF RECODMNDATION Approve the draft plan and scope of work as presented in the Agenda Report, including under - grounding of the electrical utility power line. �Vti Lrs/5 ARROYO VISTA COMMUNITY PARK - DRAFT PLAN ATTACHMENT A PRELIMINARY MASTER PLAN ARROYO VISTA PARK CITY OF MOORPARK 0 0' e�anro so ca \ — D Q hew mno® ORA E ^S R4U as 0 FHD EXBTNO PR4CTlCE .. RELD O 0 F001HA11 R30 !r O_ EXIWM$0CCBIFF3D CavcnoTFRAMC FPED ^QOOOQOOO � �`✓i/O� 8lC(VAGiE CCNTAlBt i \o — TAABi' .: PARIMAWA �.: _ A JOOOOOO© � ! 9foAAOE OCW(Af6+AlEA ©�p O� -• / — COV9ED P" - 0 - EX6Tpq GALE) 8Y B_TEfl Afl61 CPBI A/EA P(AY - O I FCQiBALL i ' 'tPBd PXXYC AFEA1 EXBM3 BI CP PR'l/C A/EA BASEBALL _ O O � � \ T07 PLAY AIEA ` FAD V O .. \\` rj CHLDPLAYAW -A l - - © !EXOMM90CCBVRE D .... v . 7 r , J PRELIMINARY MASTER PLAN ARROYO VISTA PARK CITY OF MOORPARK AVCP Phase II Draft Plan Page 5 ATTACHMENT B DRAFT PROJECT BUDGET AVCP PHASE II AVCP PHASE II DRAFT PROJECT BUDGET Landscape Architect $ 35,000 Project Manager $ 15,000 Construction $1,200,000 Permits and Fees $ 10,000 Electrical Undergrounding $ 120,000 Contingency (9a) $ 120,000 Total $1,500,000 f- , reA A DRAFT CONSTRUCTION BUDGET ATTACHMENT B COMMUNITY WORKS DESIGN GROUP Pagel PRELIMINARY COST ESTIMATE DATE: 06/18/02 ESTIMATE BY: KAY KITE PROJECT: ARROYO VISTA PARK PROJECT # 011154 UNIT TOTAL DESCRIPTION QTY. UNIT COST COST DEMOLITION AND CLEARING 1158 C.Y. $30.00 $34,740 CLEAR AND GRUB 246771 S.F. $0.15 $37,016 EARTHWORK 1 L.S. $17,000.00 $17,000 CONSTRUCTION 3770 S.F. $5.50 $20,735 PLAY GROUND PLAY EQUIPMENT 1 L.S. $80,000.00 $80,000 RUBBER MATTING 2780 S.F. $15.00 $41,700 3" CONCRETE BASE 2780 S.F. $2.50 $6,950 BASEBALUSOFTBALL FIELD BACKSTOP 1 EACH $8,000.00 $8,000 BASES (SET OF 3) 1 EACH $350.00 $350 BAT RACK 2 EACH $200.00 $400 BRICKDUST 141 C.Y. $8.00 $1,128 DUGOUT FENCE (6') 96 L.F. $18.50 $1,776 HOMEPLATE 1 EACH $150.00 $150 PITCHING RUBBER 1 EACH $155.00 $155 PLAYERS BENCH- 15' 2 EACH $800.00 $1,600 SIDELINE FENCE (8') 180 L.F. $23.00 $4,140 ALUMINUM BLEACHERS 80 L.F. $75.00 $6,000 SITE FEATURES BBQ GRILL 5 EACH $350.00 $1,750 BENCH W /BACK - METAL (6') 2 EACH $725.00 $1,450 DRINKING FOUNTAIN 2 EACH $2,500.00 $5,000 DRINKING FOUNTAIN SUMP 2 EACH $750.00 $1,500 PICNIC TABLE - 6' (H.C. ACCESS) 42 EACH $950.00 $39,900 TRASH RECEPTACLE 15 EACH $700.00 $10,500 TRASH ENCLOSURE & GATES 1 EACH $20,000.00 $20,000 TREE GRATE (4') -CONC W /GALV FRAME 13 EACH $800.00 $10,400 TREE WELL 13 EACH $150.00 $1,950 PICNIC SHELTER W /BLOCK POST 1 EACH $75,000.00 $75,000 WALLS /FENCES 6' BLOCK WALL 220 L.F. $90.00 $19,800 WOOD RAIL FENCE 2838 L.F. $15.00 $42,570 HARDSCAPE AGGREGATE PARKING - 4" 1158 C.Y. $30.00 $34,740 CONCRETE PAVING - 4" 23631 S.F. $3.75 $88,616 6" CONCRETE CURB 800 L.F. $15.00 $12,000 CONCRETE PAVING - 6" 3770 S.F. $5.50 $20,735 DATE: 06/18/02 PROJECT: ARROYO VISTA PARK PROJECT # 011154 ESTIMATE BY: KAY KITE Page:2 UNIT TOTAL DESCRIPTION QTY. UNIT COST COST LANDSCAPING SOIL PREP /FINE GRADING WEED ABATEMENT 90 DAY MAINTENANCE PERIOD GROUNDCOVER (12" O.C.) SHRUBS (1 GAL) SHRUBS (5 GAL) TREES (36" BOX) TREES (24" BOX) TREES (15 GAL.) TURF HYDROSEED IRRIGATION/ WATER/ SEWER AUTOMATIC IRRIGATION SYSTEM LARGE AREAS SMALL AREAS CONTROLLER LIGHTING/ ELECTRICAL CONDUIT, CONDUCTOR & MISC. ITEMS PARKING LOT LIGHTS SPORTS FIELD LIGHTING ARCHITECTURAL LIGHTING MISCELLANEOUS H.C. SIGN STRIPING - SINGLE LINE STALLS STRIPING (H.C.)- EMBLEM & SIGN UNDERGROUND UTILITIES * *' SUBTOTAL * *' 10.00% CONTINGENCY 229350 S.F. $0.25 $57,338 229350 S.F. $0.05 $11,468 229350 S.F. $0.06 $13,761 348 S.F. $0.35 $122 60 EACH $7.00 $420 40 EACH $15.00 $600 21 EACH $600.00 $12,600 42 EACH $250.00 $10,500 128 EACH $85.00 $10,880 229002 S.F. $0.10 $22,900 222792 S.F. $0.75 $167,094 6558 S.F. $1.50 $9,837 2 EACH $5,000.00 $10,000 1 ALLOW $15,000.00 $15,000 10 EACH $2,500.00 $25,000 1 L.S. $25,000.00 $25,000 1 L.S. $10,000.00 $10,000 8 EACH $150.00 $1,200 8 EACH $20.00 $160 8 EACH $200.00 $1,600 1 L.S. $100,000.00 $100,000 $1,097,755 $109,775 * *' GRAND TOTAL $1,207,530 ITEM 109DO A, Appr -oVeb 54off- recomr,vie-n60110r) ._ City of Moorpark Cv� 30 i&! _ K AGENDA REPORT''' - -- TO: The Honorable City Council FROM: John Brand, Senior Management Analyst DATE: June 27, 2002 (Meeting of July 17, 2002) SUBJECT: Consider Award of Agreement to Antelope Valley Bus /Coach USA to Operate and Maintain Moorpark City Transit. SUMMARY Federal law requires that all transit operators who receive federal funding to periodically receive competitive proposals or bids for their operations contracts. Staff produced a Request For Proposals (RFP) for the operation of the Moorpark City Transit fixed route, maintenance of the fleet consisting of three City - owned buses (two route buses and one backup), and for providing an additional backup bus to "backstop" the service. Proposals were due by 3:00 p.m. on May 15, 2002. Four proposals were submitted and reviewed by staff. Interviews with the four proposers were held on May 22, 2002. The four Proposers were Antelope /Coach USA, Parking Company of America, Laidlaw Transit Service, and Ventura County Shuttle. After review of the proposals received, staff recommends entering into an Agreement with Antelope Valley Bus -Coach USA. Their proposal offers outstanding vehicle maintenance and personnel safety training programs at a competitive price. BACKGROUND The City began financing bus service in January, 1989 with TDA (Transportation Development Act) Article 8c Funds and has continued that arrangement in subsequent years. Moorpark City Transit expanded from a single fixed route to two routes in September, 2000. Each route consists of a one -way loop of CA-0 r,- . . The Honorable City Council CC Meeting of July 17, 2002 Page 2 approximately sixteen miles, with about forty stops. The service is currently operated by a contract with Parking Company of America. Moorpark City Transit operates Monday through Friday from 6:00 a.m. to 7:00 p.m. No service is provided on the weekends or on official holidays observed by the City. Each bus makes a loop through the City once every hour. This is known as a "one -hour headway." Route 1 completes eleven (11) trips each day from 6:00 a.m. until 5:20 p.m., and Route 2 completes twelve (12) trips each day from 6:40 a.m. until 7:00 p.m. The routes circulate in opposite directions providing two -way service for the community. Moorpark City Transit connects to Amtrak and Metrolink rail services. It also connects with VISTA -East, the regional express service that links Moorpark, Simi Valley and Thousand Oaks. VISTA -East connects to other VISTA routes in Ventura County. The student and adult fare is $1.00, the senior and disabled fare is 40�, and children aged four and younger ride for free. The City has a separate contract with Thousand Oaks Cab Company to provide a separate paratransit service (dial -a -ride) for persons with disabilities and senior citizens. The City has just taken delivery of two new 25 passenger buses. The City also owns a 1998 Bluebird Transtar and a 1995 GMC Champion. The City Council authorized surplusing the GMC Champion when it approved the procurement of the two new buses in November, 2001. It will be surplused after the new buses are "broken in." If approved by Council, Antelope Valley Bus has agreed to provide a second small bus for use as an additional back up in the event that two buses are out of service at the same time. The Request For Proposals documents were sent out to possible bidders (copy of the RFP was submitted to the Council under separate cover). The possible bidders were known transit operators; firms that had requested notification if the City were to go out to bid for transit services, and firms that had recently bid on other transit contracts in the area. The RFP was also advertised in the newspaper of record. The City held a pre - proposal meeting. Four potential bidders sent representatives to the meeting. All questions were answered in writing and distributed to the full list of possible bidders. Bidders were asked to provide City Transit Agreement Award detailed information on their The Honorable City Council CC Meeting of July 17, 2002 Page 3 qualifications and ability to perform the work addition to cost proposals. The standard term contracts is three years, with two one -year options discretion of the City. Proposal Evaluation requested in for transit at the sole After the receipt of proposals, the City examined and evaluated all proposals for the purpose of ascertaining their completeness and responsiveness to the provisions of this RFP. Proposers were evaluated in the following areas: 1) Proposal Supplemental Questionnaire. Weight: 25 %. 2) Interviews with Proposers, Wednesday, May 22, 2002. Weight 25% 3) Cost Proposal. Weight: 25 %. 4) Overall Presentation of Proposal. Taking the entire Proposal into account including all the above and any additional aspects of the Proposal, including, but not limited to, completeness, creativity, synergy, and integration of approach in the Proposal. Weight: 25 %. The Evaluation Committee included Community Services Director Mary Lindley and Senior Management Analyst John Brand, and Roy Myers, the Assistant Civil Engineer, Traffic at the City of Thousand Oaks. DISCUSSION As stated above, four proposals were received. The Proposers were Antelope /Coach USA; PCA- Parking Corporation of America, the incumbent firm; Laidlaw Transit Service; and Ventura County Shuttle. The following is a summary of the proposals. Antelope Valley Bus /Coach USA. This firm operated the bus service since its inception in 1989 to 2000. Coach USA is a multi- national transit firm that acquired Antelope Valley Bus in 1999. While primarily a charter service, the firm also operates the VISTA -East commuter bus, VISTA -101, VISTA- CSUCI, VISTA -126, and the VISTA Conejo Connection. The VISTA routes are administered by City Transit Agreement Award The Honorable City Council CC Meeting of July 17, 2002 Page 4 VCTC for the various participating agencies in Ventura County. The firm has a maintenance facility on Lambert Street in Oxnard. Travel distance to Moorpark is about thirty minutes and approximately twenty -five miles each way. As the former long -term operator of Moorpark City Transit, this firm is familiar with the system and the community. The mechanics are familiar with the City's fleet and will obtain the diagnostic software to service the new city buses. Antelope will invite the current bus drivers to apply for jobs. Antelope will install their radios in the City buses. An extra advantage is that the City drivers will be able to communicate with the VISTA bus drivers. Antelope has a dispatcher and /or supervisor on duty during Moorpark City Transit's operating hours. Antelope has strong facility, personnel, and complimentary transit services. Its cost proposal is second lowest overall only $3,000 (less than one -half of one percent) more than PCA. The commute from Oxnard would add about 75,000 additional vehicle miles per year. Laidlaw Transit Services. Laidlaw operates service transit properties in the local area. Laidlaw does fixed route and demand responsive (dial -a -ride) services for Thousand Oaks Transit, Camarillo Area Transit, and SCAT Access (dial a ride). Laidlaw is a national firm with extensive experience in transit. Laidlaw proposes to house the Moorpark City Transit buses in Moorpark at 616 Fitch Street in Moorpark. AMR American Medical Response, a local ambulance service, is a subsidiary of Laidlaw. The mechanics at AMR would maintain the City buses. Laidlaw proposes to install and use Nextel radios to communicate with the bus drivers. Laidlaw encourages the existing drivers to apply with Laidlaw if the firm is the successful Proposer. They will have a local dispatcher- supervisor in Thousand Oaks. Laidlaw offers vehicle storage and service facility in Moorpark, excellent personnel, and good complimentary transit services. Laidlaw asks the City to consider fuel costs and possible insurance costs as pass- through amounts. This adds a degree of uncertainty to their proposal. However, similar contract terms have been approved by other transit agencies in California. Its cost proposal is third lowest overall, about 9% above PCA and Antelope. PCA- Parking Corporation of America. PCA is the incumbent provider. A combination of contract compliance concerns and a request for extraordinary cost increases contributed to the City's decision to solicit proposals one year before the current contract term would normally expire. PCA manages transit City Transit Agreement Award The Honorable City Council CC Meeting of July 17, 2002 Page 5 operations in Santa Ynez and in the Los Angeles area, including the City of Monterrey Park's fixed route bus system, and three fixed route and demand response shuttles for the Southeast Community Development Corporation, SCDC, (cities of Bell, Bell Gardens, City of Commerce, Cudahy, Huntington Park, Maywood, South Gate, Vernon and unincorporated areas.) The firm is based in Commerce. PCA stores the Moorpark City Transit vehicles at the old MUSD facility on Flory Street, and when MUSD cancels their lease for a planned development at the site, PCA proposes to house the vehicles at the Metrolink layover facility in Moorpark. The vehicles would continue to be serviced in Moorpark at the Industrial Service Center, 619 Fitch Avenue. PCA prepared a detailed proposal, but some of its service parameters are not up to the City's existing standards. For example, the City's contract requires that vehicles be washed at least weekly. PCA proposes to wash them every ten to fourteen days. PCA's Nextel two -way radio system has proven to be a highly effective communication system. PCA offers a continuation of current drivers, local vehicle storage and service in Moorpark without any facility. Its cost proposal is the lowest overall. Ventura County Shuttle. Ventura County Shuttle is a local transportation management firm that provides a general transportation dial -a -ride in Oxnard and Port Hueneme and also provides commercial livery (limousines and airport shuttle) services. They are headquartered in Ventura with a repair shop in Oxnard. Travel distance to Moorpark is about forty minutes, and approximately thirty miles each way. Ventura County Shuttle does not have dispatcher or supervisor. They rely on management staff for driver oversight. Ventura County Shuttle's cost was the highest of the proposers by a considerable margin. EVALUATION Laidlaw and PCA will store the vehicles locally. Laidlaw would base vehicles in Moorpark with service and support, while PCA would merely store the vehicles in town without local service or support by PCA. Antelope and Ventura County Shuttle have maintenance and storage twenty -five to thirty miles from Moorpark. Antelope and Laidlaw have good local experience. Antelope has ten years experience with the Moorpark City Transit and other transit operations. Laidlaw has broad experience in the local area as City Transit Agreement Award The Honorable City Council CC Meeting of July 17, 2002 Page 6 well. PCA and Ventura County shuttle each have less than five year's transit experience in Ventura County. PCA has operated Moorpark City Transit for two years. Antelope and Laidlaw have the best local repair facilities. PCA relies on a general truck repair shop, and most of Ventura County Shuttle mechanics' work has been on lighter vehicles, such as shuttle vans and limousines. Antelope and Laidlaw have the best staffing and management experience. Each firm offers local dispatch and supervision, and each firm has a substantial pool of local drivers that promise to provide more reliable staffing. Ventura County shuttle does not appear to have much depth of resources, which may be a problem if extra backup vehicles or drivers are needed. PCA does not have any other transit operations in the immediate area. Their closest operation is in Alhambra. Substitute and vacation relief drivers may be more difficult for PCA and Ventura County shuttle to provide. However, PCA has always been able to provide a relief driver within an hour of any driver absence. PCA has the lowest rate for each year. Antelope has the second lowest rates. Over three years, it is only $3,000 above PCA, within 00.4% over the three -year term. Laidlaw is 9% above Antelope and PCA, while Ventura County Shuttle is 46% higher in cost. More specific cost information is attached. CONCLUSIONS Each firm provided excellent references and each of the firms has the basic qualifications. Antelope, Laidlaw and PCA clearly have far greater experience than Ventura County Shuttle. Each firm states that they are able to provide backup buses that are similar in size and style to the City's fleet. PCA — Parking Corporation of America offers the lowest price. However, their history of contract compliance problems and mid- term increase requests tends to lessen the attractiveness of the price PCA offers. Antelope appears to have much more to offer for only $3,000 more (less than one half of one percent) over three years. Laidlaw offers as much depth and capability as Antelope, and has a maintenance and storage facility in Moorpark. A local facility City Transit Agreement Award fIt C., . .. J The Honorable City Council CC Meeting of July 17, 2002 Page 7 will save unnecessary vehicle mileage. Laidlaw costs about 9% more than Antelope. Antelope offers the best mix of strengths in their Proposal. The balance of Antelope's proposal, interview, cost and other considerations (overall presentation) merit a recommendation that the City of Moorpark pursue an Agreement with Antelope to operate and maintain Moorpark City Transit. If approved by the City Council, Antelope Valley Bus /Coach USA is prepared to begin operations beginning no later than July 29, 2002. STAFF RECOMMENDATION: Accept the proposal from, and award a contract to, Antelope Valley Bus /Coach USA for the operation and maintenance of the City fixed route bus, at the not to exceed amount of $225,515 for the first year, and as proposed in subsequent years, and authorize the Mayor to execute the Agreement subject to final language approval by the City Manager and City Attorney. City Transit Agreement Award �..rk - \/ V I- — b Moorpark City Transit Operations and Maintenance Proposals May, 2002 225,515 First Year Cost Second Year Cost r N Laidlaw Transit 43.08 990.84 247,710 Services, Inc. G vi U U Parking Company 38.31 y O H of America O N .-. O N Ventura County 56.00 U U� U U U U eTa 35.00 Bidder �- (estimated) 7 0 7 0 M M xo ° v a v = ° v a V Antelope/ 39.22 902.06 225,515 Coach USA N r N Laidlaw Transit 43.08 990.84 247,710 Services, Inc. G vi U U Parking Company 38.31 881.13 220,283 of America O } M Ventura County 56.00 1,288.00 322,000 Shuttle Current Cost 35.00 805.00 201,250 (estimated) t� �0 Attachment A Third Year Cost N r N a+ >" U U G vi U U w _ 7 O O } M H °v 40.40 i 929.20 1 232,300 1 1 41.61 1 957.03 1 239,258 1 1 697,0731 43.83 1 1,008.09 1 252,023 1 1 45.68 1 1,050.64 1 262,660 1 1 762,393 40.24 1 925.52 1 231,380 1 1 42.18 1 970.14 1 242,535 1 1 694,198 59.00 i 1,357.00 i 339,250 1 1 62.00 1 1,426.00 i 356,500 i 1 1,017,7501 TO: FROM: DATE: MOORPARK CITY COUNCIL AGENDA REPORT The Honorable City Council Steven Kueny, City Manager ,rEM la E. CIT-17 OF Citi' i : :ti,7r s Ei �aR r.tin of tsl reCA►vsn- ,e�r�dG�ii6,� GtS ed July 11, 2002 (CC Meeting of July 17, 2002) SUBJECT: Consider Proposed Development Agreement with Vintage Crest Senior Apartments, L.P., a California Limited Partnership BACKGROUND: USA Properties Fund, Inc. (USA Properties) is the developer for a proposed 190 -unit affordable senior apartment project. USA will be one of two General Partners for the entity established to actually develop, own, and maintain the project. This entity is Vintage Crest Senior Apartments, L.P., a California limited partnership. On July 10, 2002, the City Council approved GPA 2002 -01, Zone Change 2002 -01 (introduction and first reading of the ordinance), and RPD No'. 2002 -02 for 190 affordable senior apartments and changed the zoning and land use from commercial to residential with a density of 20 units per acre. The developer is seeking a bond allocation of about $16 million from the State to help finance this project. They will know if they are successful by mid - August 2002. A Development Agreement has been negotiated by a Council Ad Hoc Committee (Mayor Pro Tem Mikos and Councilmember Harper) and staff with the developer for consideration by the City Council. DISCUSSION: A draft Development Agreement for this project has been prepared and is ready for Council action to refer it to the Planning Commission. The tentative schedule allows for a Planning Commission public hearing on August 12, 2002, and City Council ri a,,.,1 ­04a City Council Agenda Report Re: Proposed Development Agreement with Vintage Crest Sr. Apts. July 11, 2002 (CC Meeting of July 17, 2002) Page 2 public hearing on August 21, 2002. If this schedule is achieved, the operative date for the Development Agreement could be as early as October 7, 2002. The developer indicated this project is contingent on receiving its requested state bond allocation and the design /standards modifications included in the conditions of approval and Development Agreement and the fee reductions contained in the Development Agreement. The Development Agreement contains approximately $3,000.00 per unit fee reduction. The Park Improvement, Citywide Traffic, Los Angeles Area of Contribution (AOC), and Traffic System Management fees have been partially reduced to achieve this total reduction. The City otherwise receives all of its standard fees including the Development Fee contained in other development agreements, as well as receiving a pass through of its share of the real property taxes that this project would otherwise be exempted from. The draft agreement attached to format showing changes from the Archstone Communities /Jocelyne consistent with Municipal Code direct the Planning Commission proposed Development Agreement 21, 2002, as the public hearing matter. STAFF RECOMMENDATION: this report is in legislative City's Development Agreement with Abrar. It is proposed that Section 15.40, the City Council to conduct a public hearing on the on August 12, 2002, and set August date for the City Council on this Refer the Development Agreement to the Planning Commission for a public hearing on August 12, 2002, and set August 21, 2002, as the City Council public hearing date. SK:db Attachment: Draft Development Agreement M: \ccagenda \Dev Agr with Vintage Crest Sr Apts 2002 0717 Recording Requested By And When Recorded Return to: CITY CLERK CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code § 6103 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MOORPARK AND A us5 aR r� V T N AG.-' CR.ES`. SENIOR APARTMENTS, L . P THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE §65868.5 DEVELOPMENT AGREEMENT This Development Agreement ( "the Agreement ") is made and entered into by and between the CITY OF MOORPARK, a municipal corporation, (referred to hereinafter as "City ") and 4 Al r ...- c`,t ' r }tl.::i <, C..(� . _ °x... , a (referred to hereinafter as "Developer ") City and Deve oper are referred to hereinafter individually as "Party" and collectively as "Parties." In consideration of the mutual covenants and agreement's contained in this Agreement, City and Developer agree as follows: 1. Recitals. This Agreem nt is made with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the Parties: 1.1. Pursuant to Government Code section 65864 et seq. and Moorpark Municipal Code chapter 15.40, City is authorized to enter into a binding contractual agreement with any person having a legal or equitable interest in real property within the City in order to establish certainty in the development process. 1.2. Developer is owner in fee simple of certain real property in the City of Moorpark, consisting of approximately { ° . ' -r Me and fc. >)rt_y e lg1it acres generally located north of the Arroyo Simi and w-e­,t--s ol.zth of Park Lane �z rzz more specifically described by the legal description set forth in Exhibit A, which exhibit is attached hereto and incorporated herein by this reference (the "Property "). 1.3. City has approved or is in the process of approving, General Plan Ame dment No. 9:7 32002 -01 ( "GP"), Zone Change No. 9-7 - --7-- 2002 -01 ( "ZC ") , and Residential Planned Development Permit No. 2002 -02 ( "RPD"). Implementation of these land use entitlements is subject to a mitigation measures monitoring and reporting program __— that was approved by City on Ji± � , July 17, 2002 (the "Mitigation Monitoring Program "). (The GP, ZC, RPD and Mitigation Monitoring Program are collectively referred to as the "Project Approvals ".) The Project Approvals authorize a residential development consisting of 9,0 apartments on the Property (the "Project"). 1.4. By this Agreement, City desires to obtain the binding E USA PROPERTIES DEV AGR 2002 0628 agreement of Developer to develop the Property in accordance with the Project Approvals and this Agreement. In consideration thereof, City agrees to limit the future exercise of certain of its governmental and proprietary powers to the extent specified in this Agreement. 1.5. By this Agreement, Developer desires to obtain the binding agreement of City to permit the development of the Property in accordance with the Project Approvals and this Agreement. In consideration thereof, Developer agrees to waive its rights to legally challenge the limitations and exactions imposed upon the development of the Property pursuant to the Project Approvals and this Agreement and to provide the public benefits and improvements specified in this Agreement. 1.6. City and Developer acknowledge and agree that the consideration that is to be exchanged pursuant to this Agreement is fair, just and reasonable and that this Agreement is consistent with the General Plan of City as amended by General Plan Amendment No. --�t4- 1-2002 -(:. 2-4 -- _.� H 3 � � t ' 1.7. On -- -�u��- t _, :��� _ ����. . 2, 2002, the Planning Commission of City commenced a duly noticed public hearing on this Agreement and at the conclusion of the hearing recommended approval of the Agreement. 1.8. On June 2, �-99, August 2 , 2002, the City Council of City ( "City Council ") commenced a duly noticed public hearing on this Agreement, and at the conclusion of the hearing approved the Agreement by Ordinance No. ( "the Enabling Ordinance "). 2. Property Subject To This Agreement. All of the Property shall Se subject to this Agreement. The Property may also be referred to hereinafter as "the site" or "the Project 3. Binding Effect. The burdens of this Agreement are binding upon, and the benefits of the Agreement inure to, each Party and each successive successor in interest thereto and constitute covenants that run with the Property. Whenever the terms "City" and "Developer" are used herein, such terms shall include every successive successor in interest thereto. 3.1. Constructive Notice and Acceptance. Every person who acquires any right, title or interest in or to any portion of the Property in which the Developer has a legal interest is, and shall be, conclusively deemed to 3 USA PROPERTIES DEV AGR 2002 0628 M have consented and agreed to be bound by this Agreement, whether or not any reference to the Agreement is contained in the instrument by which such person acquired such right, title or interest. 3.2. Release Upon Transfer. Upon the sale or transfer of the Developer's interest in any portion of the Property, that Developer shall be released from its obligations with respect to the portion so sold or transferred subsequent to the effective date of the sale or transfer, provided that the Developer (i) was not in breach of this Agreement at the time of the sale or transfer and (ii) prior to the sale or transfer, delivers to City a written assumption agreement, duly executed by the purchaser or transferee and notarized by a notary public, whereby the purchaser or transferee expressly assumes the obligations of Developer under this Agreement with respect to the sold or transferred portion of the Property. Failure to provide a written assumption agreement hereunder shall not negate, modify or otherwise affect the liability of the purchaser or transferee pursuant to this Agreement. Nothing contained herein shall be deemed to grant to City discretion to approve or deny any such sale or transfer, except as otherwise expressly provided in this Agreement. Development of the Property. The following provisions shall govern the development and use of the Property. 4.1. Permitted Uses. The permitted and permitted uses of the Property shall those that are allowed by the Project this Agreement. conditionally be limited to Approvals and 4.2. Development Standards. All design and development standards, including but not limited to density or intensity of use and maximum height and size of buildings, that shall be applicable to the Property are set forth in the Project Approvals and this Agreement. 4.3. Building Standards. All construction on the Property shall adhere to the Uniform Building Code, including the Fire Resistive Design Manual, the National Electrical Code, the Uniform Plumbing Code, the Uniform Mechanical Code, the Uniform Housing Code, the Uniform Code for the Abatement of Dangerous Buildings, the Uniform Code for Building Conservation and the Uniform Administrative Code in effect at the time the plan 4 USA PROPERTIES DEV AGR 2002 0628 check or permit is approved and to any federal or state building requirements that are then in effect (collectively "the Building Codes "). 4.4. Reservations and Dedications. All reservations and dedications of land for public applicable to the Property are set Approvals and this Agreement. 5. Vesting of Development Rights. purposes that are forth in the Project 5.1. Timing of Development. In Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), the California Supreme Court held that the failure of the parties therein to provide for the timing or rate of development resulted in a later - adopted initiative restricting the rate of development to prevail against the parties' agreement. City and Developer intend to avoid the result in Pardee by acknowledging and providing that Developer shall have the right, without obligation, to develop the Property in such order and at such rate and times as Developer deems appropriate within the exercise of its subjective business judgment. In furtherance of the Parties' intent, as set forth in this section, no future amendment of any existing City ordinance or resolution, or future adoption of any ordinance, resolution or other action, that purports to limit the rate or timing of development over time or alter the sequencing of development phases, whether adopted or imposed by the City Council or through the initiative or referendum process, shall apply to the Property pr ~gilded ror »rty i,s develc ed it accordance wit",. ,.tie �ro.j ect Approvals and th s ___ -- ------ __ -- _ -- _ - -- _ -_ -- _ - -- -_- _._ - ____ -_ —_ -- Agreen.ent . - I -p t u -i -r bum w rct t ,-.-e _ - u cya � ear =�ra�- �-p1 -e-e-d {- f 't ' t- +- 1, +- h b. '7 +- l-, Q3 s-- Ci'SL -i izci ; wiz- �- 4-G�c����"�- FS-=�i ia- cx�-cc��tz-n- zn;- �i�=r. �'. a cz-= ya -3k n- -tom - -- Nothing in this section shall be construed to limit City's right to insure that Developer timely provides all infrastructure required by the Project Approvals and this Agreement. 5.2. Amendment of Project Approvals. No amendment of any of the Project Approvals, whether adopted or approved by the City Council or through the initiative or referendum process, shall apply to any portion of the 5 USA PROPERTIES DEV AGR 2002 0628 Property, unless the Developer has agreed in writing to the amendment. 5.3. Issuance of Subsequent Approvals. Applications for land use approvals, entitlements and permits, including without limitation subdivision maps, subdivision improvement agreements and other agreements relating to the Project, lot line adjustments, preliminary and final planned development permits, use permits, design review approvals (e.g. site plans, architectural plans and landscaping plans), encroachment permits, and sewer and water connections that are necessary to or desirable for the development of the Project (collectively "the Subsequent Approvals "; individually "a Subsequent Approval ") shall be consistent with the Project Approvals and this Agreement. For purposes of this Agreement, Subsequent Approvals do not include a final subdivision map or building permits. The term of any Subsequent Approval, except a tentative map, shall be one year; provided that the term may be extended by the decision maker for two (2) additional one (1) year periods upon application of the Developer holding the Subsequent Approval filed with City's Department of Community Development prior to the expiration of that Approval. Each such Subsequent Approval shall be deemed inaugurated, and no extension shall be necessary, if a building permit was issued and the foundation received final inspection by City's Building Inspector prior to the expiration of that Approval. It is understood by City and Developer that certain Subsequent Approvals may not remain valid for the term of this Agreement. Accordingly, throughout the term of this Agreement, the Developer shall have the right, at its election, to apply for a new permit to replace a permit that has expired or is about to expire. Subsequent Approvals shall be governed by the Project Approvals and by the applicable provisions of the Moorpark General Plan, the Moorpark Municipal Code and other City ordinances, resolutions, rules, regulations, policies, standards and requirements as most recently adopted or approved by the City Council or through the initiative or referendum process and in effect at the time that the application for the Subsequent Approval is deemed complete by City (collectively "City Laws "), except City Laws that: 6 USA PROPERTIES DEV AGR 2002 0628 t � " 4 'V d (a) change any permitted or conditional permitted uses of the Property from what is allowed by the Project Approvals; (b) limit or reduce the density or intensity of the Project, or any part thereof, or otherwise require any reduction in the square footage or number of proposed buildings or other improvements from what is allowed by the Project Approvals; (c) limit or control the rate, timing, phasing or sequencing of the approval, development or construction of all or any part of the Project in any manner, provided that all infrastructure required by the Project Approvals to serve the portion of the Property covered by the Subsequent Approval is in place or is scheduled to be in place prior to completion of construction; (d) are not uniformly applied on a City -wide basis to all substantially similar types of development projects or to all properties with similar land use designations; (e) control residential rents; or (f) modifies the land use from what is permitted by the General Plan Land Use Element at the date the Enabling Ordinance is adopted or that prohibits or restricts the establishment or expansion of urban services including but not limited to community sewer systems to the Project. 5.4. Modification Of Approvals. Throughout the term of this Agreement, the Developer shall have the right, at its election and without risk to any right that is vested in it pursuant to this section, to apply to City for minor modifications to Project Approvals and Subsequent Approvals. The approval or conditional approval of any such minor modification shall not require an amendment to this Agreement, provided that, in addition to any other findings that may be required in order to approve or conditionally approve the modification, a finding is made that the modification is consistent with this Agreement. 7 USA PROPERTIES DEV AGR 2002 0628 5.5. Issuance of Building Permits. No building permit, final inspection or certificate of occupancy will be unreasonably withheld from the Developer if all infrastructure required by Project Approvals to serve the portion of the Property covered by the building permit is in place or is scheduled to be in place prior to completion of construction and all of the other relevant provisions of the Project Approvals, Subsequent Approvals and this Agreement have been satisfied. In no event shall building permits be allocated on any annual numerical basis or on any arbitrary allocation basis. 5.6. Moratorium on Development. Nothing in this Agreement shall prevent City, whether by the City Council or through the initiative or referendum process, from adopting or imposing a moratorium on the processing and issuance of Subsequent Approvals and building permits and on the finalizing of building permits by means of a final inspection or certificate of occupancy, provided that the moratorium is adopted or imposed (i) on a City -wide basis to all substantially similar types of development projects and properties with similar land use designations and (ii) as a result of a utility shortage or a reasonably foreseeable utility shortage, including without limitation a shortage of water, sewer treatment capacity, electricity or natural gas. 6. Developer Agreements. 6.1. The Developer shall comply with (i) this Agreement, (ii) the Project Approvals, and (iii) all Subsequent Approvals for which it was the applicant or a successor in interest to the applicant. 6.2. All lands and interests in land dedicated to City shall be free and clear of liens and encumbrances other than easements or restrictions that do not preclude or interfere with use of the land or interest for its intended purpose, as reasonably determined by City. 6.3. As a condition of issuance of a building permit for each residential dwelling unit, Developer shall pay City a community services fee as described herein (Community Services Fee). The Community Services Fee may be expended by City in its sole and unfettered discretion. The amount of the Community Services Fee shall be � - 'i ,U cl d Seve:1 i,;nd ed Do11dY.'� - - -- _. 8 USA PROPERTIES DEV AGR 2002 0626 Dos1�xL —7 ,5 -:xtl - -per residential unit. The Community Services Fee shall be adjusted annually 'commencing ,., Ja Arilia ry 200-5, arid. each January 1 t h e r e o f t:: e :r ,a �. n� 1 T . bij _..?t i __ c:_x._Y,, 1, �E .-4 s e -..f _-e-� —by any increase in the Consumer Price Index (CPI) until all fees have been paid. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Riverside /Orange Co. metropolitan area during the prior year. The first such calculation shall be made using the month of October 2004 a,rer tr e month of October 2003 and so o-rt -� each January 1 unti- all CoTrlrriuzi_�.ty Sez�.r_ces � - - -s arc' pa. d. in the eve7't .. -t c.,. c' is _ a decrease 1 t'Yie referEn ed CPI for any annual _. adj us-_ tee t, he O1 M -y Se -­r c es Fee sh a1= rema i n- a= ts t. ,e. C.l i en a, ount unt.1...- su.ch t ,t,,e as t' .e next subsequent an���.lal adjustment which esul,� in an increase. ;- eeeci7.. -s, -i Ti TiT!i e ? e i4—+c­.: -i ,' s,^ .....`- -- f.?- . —c -�,a ._-a, t e '�%re 6.4. The fee in lieu of park land dedication (Park Fee) pursuant to the requirements of City Ordinance No. 52 shall be paid prior to the issuance of the building permit for each residential unit. Irvfea he T'1 n mt, 3 r l c 2 nri -r 1 -@i ezzc L, -� The Park Fee may be expended by the City in its sole and unfettered discretion. On the effe�-t-�2 oQerative date of this Agreement, the amount of the -_ -_. Park Fee shall be Two Thousand Dollars ($2,000.00)$ ;,—GG per residential unit. Commencing January 1,8 2005, and annually thereafter, the Park Fee shall be increased to reflect the change in the State Highway Bid Price Index for the twelve (12) month period that is reported in the latest issue of the Engineering News Record that is available on December 31 of the preceding year ( "annual indexing "). In the event there is a decrease in the referenced Index for any annual indexing, the Park Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. 6.5. As a condition of the issuance of a building permit for each residential unit, Developer shall pay City a 9 USA PROPERTIES DEV AGR 2002 0628 er a..v development fee as described herein (the "Development Fee "). The Development Fee may be expended by City in its sole and unfettered discretion. On the operative date of this Agreement, the amount of the Development Fee shall be two thousand seven t4Aa =e-- hundred fifty dollars ($2,750.00) for each .residential unit. The fee shall be adjusted annually eomffienei j one (1) year tea- +- , - � h e first w , d ,,,-, ,- , biz , l ,a _ J pea -ffi='- 3:-- wit January 1, 2005, and each January l thereafter —by any increase in the Consumer Price Index (CPI) until all fees have been paid. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Riverside /Orange Co. metropolitan area during the prior year. The f_.r t: suct calculation shall be made using the month of ocl_oher 21004 over the _._ - -- - -- - - - - -- -- - - - - -- montYl of OctobeY' 0 a,'.'d so fo....- n each January 1 t T "lt7.1 all DevelonneI"7t::. Fees are ',�a d. yr, the event. there S a (del -y e�.:�e .�.._ _�c: a l e �ZC r� a r f y annual _ _ -_ -_ arc ti e - c � r� -� r <�l ca trnt_�r�i.:, r7 _ Je�.. ;r; _..t r <� r.a1 !r.., a Its :.- t..e. currc r t... a ^,oui t unt :- _ , :r t., r<<e as the next su,bseC:uent ciT1I7 ai a - 1t1StT'ert whir -h retililts 1n an _ -- - -------- - - - - -- ------- '; C ". Y e a s e. z -h... eh- _- &- -h S - h K'T; }l t_ r one , then the ffienz -e f Feb-r— t ewe t- he i nerea-ae ) . 6.6. As a condition of the issuance of a building permit for each residential unit, Developer shall pay City a traffic mitigation fee as described herein ( "Citywide Traffic Fee "). The Citywide Traffic Fee may be expended by the City in its sole and unfettered discretion. On the e cuerat:ive date of this Agreement, the amount of the Citywide Traffic Fee shall be Light I p _e r,, $f? v 0.00) $3, per i _� _ uL ia: ?_y d Y�S residential unit ra. fic Fees Nai or:. _ r, tic. ..,, r 4 . �e ae(,s t_.a I a e �... r r Y ;ter � .. Y � ,�? Z1:i1t —a _ units W.:. t..1 El bit d lr9 pe.i':., Y- 2 2004 shai.l l`$ 4 y liC': 4, 24 aS he,' -?ia t.e_r z"� p _f_ec�. - -. Commencing January 1, 2006 , and annually thereafter, the Citywide Traffic Fee shall be increased to reflect the change in the State Highway Bid Price Index for the twelve (12) month period that is reported in the latest issue of the Engineering News Record that is available on December 31 of the preceding year ( "annual 10 USA PROPERTIES DEV AGR 2002 0628 indexing "). In the event there is a decrease in the referenced Index for any annual indexing, the Citywide Traffic Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. 6.7. On the operative date of this Agreement Developer shall pay all outstanding City processing and environmental processing costs related to the project and preparation of this Agreement. 6.8. Developer hereby waives any right it may have under California Government Code Section 65915 et. Seq., or any successor thereto, or any provision of federal, State, or City laws or regulations for application or use of any density bonus that would increase the number of residential units approved for this project to exceed a total of Thi -e-e— Hanelr -ee Twelve ( 312 ) One Hundred Ninety (190) dwelling units. 6.9. Developer agrees for the life of the Project to cast affirmative ballots for the €er-m ien— ef-n —a�sc� Te dd:stLad:e4� witl�x the jeewemF Ie levy ____ ___-_tent - -s increase of any assessments for existing assessment districts for the maintenance of parkway and median landscaping, street lighting, and - , parks conferring special benefits, and for the formation of any new assessment district _for the purposes listed above in order to supplement then existing assessments upon properties within the Project. Developer also agrees to add this language to any Regulatory Agreement as part of the sale of any revenue bonds issued by the Citv for this Protect. 6.10 Developer, in consideration for a density bonus obtained through the Project Approvals that is greater than would otherwise be available, agrees to guarantee the affordability of one hundred percent (100%) of all residential units sii�t=y �we (622) :ren t-al idnim�e —for the life of the Project as follows: 48 units at very low income (50% of median income) and 142 units at low income (60% of median income). A minimum of twelve (12) two- bedroom units shall be occupied by qualified very low income tenants at all times for the life of the Project . wee e —e-i -HIcy�t- we--( 6 daL�I:e— itn-im�s shall: iaenteei te eligible tenants as fellews in B., and E:' . : 11 USA PROPERTIES DEV AGR 2002 0628 @rh Cva,'+.,•.y..N. s e4a-e-'t-aE-, --C- f en'.- a Ge-, i -H--y iii-e a n ........... 41 - ----------- n e Y- e-e e ±,ffia E ie-n JEhe f er- all i:ii=lai eens�ime±Fs "-A-E -L= e'a.e�,iI&A-401, the m _7 . ... ...... .r3?zY -Ti 1�i s- -aiaf3-r-ev a I e e e is........ .. ......... . . ....... ... . ,,- e -j:-- A-ty t . . . . .. ....... u .. t 1 -u ("i'l- e e;f� e - -- b-a-t7h I'l i t --- ------------- -b-el-(d ±�& ex-f ri w e e H. s e me S, .3_�, intended to p r- e;V = e a sa:fi�le r-efiti —rate lieable te eliefible t-enant-�,,' eae�i U J -1 t -i i. - - -a s- 9-a 1-64-e, s -efl �-,i e lld --s e t . . . .. ....... . ......... . .. . EJ i7+... . ....... -Ve 12 USA PROPERTIES DEV AGR 2002 0628 —ea re : e he l r i ole-e _._ b using M% f the he+a errold ineeme ameu irewer l_neeme heupsieholds shall be ameent publis 1,.,,a -bv-the United States Department ........E -I E7 ".N(LL{": ', f5 : , � _ _ r' ey less Gen%i'vy '-� median �� c ine 'e ce —be—i C o e d few ire - t 3e z n" e -- -t'f- ?e ---T n&-i unty median. ? riff eme a ' " t= s d L-e-w — t 1y a-f E3tdc�ir e- 2r�� c ° Eod ansizcc 1 r. T ; e c:,__ z ?tea e H -C-P-r- ?C� z + =ra,£,_.. dle #v f z } }?E >{ .. 1 y ? i nq - K. f`- '-Y'-- .ACC -V repel i Van 'i... 'u �z �.:.! s.�-3�- i-- -c:h`, pries FF - e - , 1 -i ce c xz 5 z e made the =rnoi 'L h- whie —n E E _........ s _..._i -- r E i 2 -c.-- w i- -+A--re f y 1. l Ti+- : l +-.. E' -� B- E7zI3 -s - �' A— vzrrAuB$ rxvz �-7' mac— - - - = - - j 13 USA PROPERTIES DEV AGR 2002 0628 k !Vol" -nvi -a --at�-,_'_ e --pe-a:­sen hessehel f three H .50 �E .30 divided the-- utility- allewaRee­T Ai te annually, -nemmenn­�* t'he ie- emen shall b� ade using the menth whieh nt City Geun-, Khev- the ------ d­ee--r­'-,a--,-,e—in --- t4ile 14 USA PROPERTIES DEV AGR 2002 0628 A Type -- e-f--- U-ni- t . .............. - -- -- I u�T� eeriie€ - _emu�G�o�dm -si e, 'a . .... ..�3t.> -- __ _.�..�3. t'-wer - -1-e 4r t-w,& ... -bit 4, r�t � t' -s- u a c ii n.., i c z. - e-.1 � —cs— ,•- �-�' —��� rte!) .: u C CZ 13 s_E t ....... { . f, t " . r � —a F_ - - _ P. s S —e s er u{ - - aiiip , fists ? �@ t...r.. The method of selecting eligible tenants, tenant eligibility requirements, the respective roles of the City and the Developer and any other items determined necessary by the City shall be set forth in an Affordable Housing Implementation and Rental Restriction Plan (the "Plan "). The Plan shall restrict the rents of all one hundred ninety. (190) the i� ty t-we- _. - - - -- - .... - - -.- a : - e units to- e-as referenced above ------- - e-<e {- a� -r -and shall be consistent with this Agreement and approved by the City Council in its sole and unfettered discretion prior to the final inspection and occupancy approval for the first residential unit in the Project. The Developer and City shall, prior to the occupancy of the first residential unit for the Project, execute an Affordable Housing Agreement that incorporates the Plan in total and is consistent with this Agreement. -4 e? �tE�Ef �" �iri £-✓ -- f'�_�:x-�i � f -+ �,r? -s -t {� FAQ .; x'^�i- i-- -i-*<� t-... ��-��- r_= �--- c-�-- -i =z-� c cwt.. eerie oiler agrees to the extent 15 USA PROPERTIES DEV AGR 2002 0628 i f� c1- ��-- c�f'r� 1r1v`.... �- ...-- .�- C':,,e The method of selecting eligible tenants, tenant eligibility requirements, the respective roles of the City and the Developer and any other items determined necessary by the City shall be set forth in an Affordable Housing Implementation and Rental Restriction Plan (the "Plan "). The Plan shall restrict the rents of all one hundred ninety. (190) the i� ty t-we- _. - - - -- - .... - - -.- a : - e units to- e-as referenced above ------- - e-<e {- a� -r -and shall be consistent with this Agreement and approved by the City Council in its sole and unfettered discretion prior to the final inspection and occupancy approval for the first residential unit in the Project. The Developer and City shall, prior to the occupancy of the first residential unit for the Project, execute an Affordable Housing Agreement that incorporates the Plan in total and is consistent with this Agreement. -4 e? �tE�Ef �" �iri £-✓ -- f'�_�:x-�i � f -+ �,r? -s -t {� FAQ .; x'^�i- i-- -i-*<� t-... ��-��- r_= �--- c-�-- -i =z-� c cwt.. eerie oiler agrees to the extent 15 USA PROPERTIES DEV AGR 2002 0628 permitted by applicable state and federal law to grant priority to eligible Moorpark residents for the life of the Project. Developer shall pay the City's direct costs for preparation and review of the Plan and the Affordable Housing Agreement, up to a maximum of Five Thousand Dollars ($5,000). By mutual agreement of Developer and City in lieu of the aforementioned Affordable Housing Agreement, these provisions may be incorporated into the Regulatory Agreement if revenue bonds are issued by the Citv for this Protect. In addition, the Developer shall agrees not to convert the Project to for -sale condominiums community apartments, planned development, stock cooperative, or other common interest development, or as congregate care or assisted living facility. withe endra t- :�e- _., .,., _ ­ ., 6.11. In addition to fees specifically mentioned in this Agreement, Developer agrees to pay all City capital improvement, development, and processing fees at the rate and amount in effect at the time the fee is required to be paid. Developer further agrees that unless specifically exempted by this Agreement, it is subject to all fees imposed by City at the operative date of this Agreement and such future fees imposed as determined by City in its sole discretion so long as said fee is imposed on similarly situated properties. Developer further agrees to not protest these fees as may be authorized by Section 66000, et. Seq. of the California Government Code and statutes amendatory or supplementary thereto or any other applicable state or federal law. 6.12 Develeper- Shall eeFtstraz Par -k ?,re (Sz�w 3ffipreu- eFftent�) re —i — t- t--erminus e n ; t e , t- } 16 USA PROPERTIES DEV AGR 2002 0628 The Streelc lfftiai�evefftents shall ineldeie ene hialf ef tizte f-;atidr-e u 1:1--- -ivp-;4 ;- e -114 �h anel she ! I inelude twent-y s ix ( 2 6 ) feet ef eavefftent plids euicb, g Brand sidewalk. eensisteni- -J #- 1f, Plate R 3 G anei any n ------ y transitien anel inter-seetien ifftprevefftents with the fut-ure east//west st=eet and eurfent ifftprevefftente en Park 1-jane. 9eveiepei='s elaliga4Aen te eenstriaet StLceet lfftpi�e�v-effients shall be eentingent en Gity's aequisitien ef- the real picepefty neeessafy fer saiel Street lffipi�e,,i:effients at ne eest te 9ev-eleper. Gity ffiust eletain the neeessaL-y real pi-eperty within twelve (1-2) Fftenths after- the first resi-Eiential laiii!Eiing perfftit is isstied fer the Piaejeet. i4pen wr-itten netifieatien frefft G4-t-y ef its aequisitien ef the i�eal pr-eper-ty witlid:n the alee�e fefe�eneeei tiFae perled, 9eveleper 3hall eeffffftenee eles�gn and shall eefftplete eenstridetien pLc±er- te eletaining eeeidpaney appreval fer- the last fesielential 'eud4ding in the PLcejeet. Final elesign, p4mans a speeifleatiens inel�ieilng but net lifffiteel te whetheL= ticle Street lff�pr-e-,�efftenmt�s will lee en tlie east er- west iialf ef PaL=k �,ane shall lee appreveEi by the Gity Getineil: at its sele an4 unfettered diser-etien. 9evelepei� shall alse pay Gity's eeets fei- plan eheek anE4 inspeetien Gity's aelffiinist�ative eests. Within sim4c-y (60) elays ef reeeipt ef Gity's netiee te eeff&ftenee desigizi ef the Street ifftpreveffients, 9e:veleper- shall jar-evide a suiae:�y in an t and fems aeeeptat)le te Git-y at its sele ..4 i:ii=ifettefe4 diser-etien: te g�:iai�antee eens�Er-iietien ef the StL=eet ifftprevefftents withii:i the aferefRentiened ene T yeain tiffie '.Developer shall construct Park Lane per modified Ventura County Standard Plate B-3-C, 68 feet right-of-way; containing 52 feet of roadway (curb face to curb face), 8 feet wide parkways containing 5 feet wide sidewalks located 6 inches from the right-of- way. This will include all portions of existing Park Lane that do not conform to this section. Developer shall demonstrate conformance to ADA access requirements at all locations including driveway locations. Prior to approval of the Park Lane improvement plans, an ADA plan shall be reviewed, approved by the C - ity Engineer and held on file to show conformance to those requirements. Improvement plans will detail all locations where utilities or other improvements conflict with normal walk locations and that the plans conform to the City's requirements. Developer shall reconstruct any broken sidewalk, curb and gutter, and street pavement from the Project to Los Angeles Avenue and reoave anv portions of Park Lane to 17 USA PROPERTIES DEV AGR 2002 0628 the satisfaction of the City Engineer. Street sections shall be designed for a 50 -year life. 6.13 Developer agrees that in the event the cable television services or their equivalent are provided to the Project under collective arrangement or any collective means other than by a City Cable Franchisee (including, but not limited to, programming provided over a wireless or satellite system contained within the Project) , the apartment management entity shall pay monthly to City an access fee of five percent (5 %) of gross revenue generated by the provision of those services, or the highest franchise fee required from any City Cable Franchisee, whichever is greater. "Gross revenue" is as defined in Chapter 5.06 of the Moorpark Municipal Code and any successor amendment or supplementary provision thereto. Developer further agrees that in the event cable television services or their equivalent are provided to the Project by any means other than by a City Cable Franchisee, that the City's government channel shall be available to all units as part of any such service on the same basis as if the Project was served by a City Cable Franchisee. Developer also agrees to add this language to any Regulatory Agreement as part of the sale of any revenue bonds issued by the Citv for this Project. 6_.14 Developer agrees that any fees and payments pursuant - t - o this Agreement shall be made without. reservation, an Developer expressly waives the right to payment of any such fees under protest pursuant to California Government Code Section 66020 and statutes amendatory or supplementary thereto, or any other applicable state or federal law. 6.15 Developer agrees that as a condition of issuance of a building permit for each residential unit on or after January 1, 2005, it shall pay the then applicable Los Angeles Avenue Area of Contribution (AOC) Fee less One Thousand Fifty -two Dollars ($1,052.00) for each residential unit so long as the payment of Two Hundred Thousand Dollars ($200,000.00), as specified in Subsection 7.2 of this Agreement, has been paid, on or before December 31, 2004. Developer agrees this is in addition to the AOC amount specified in Subsection 7.2 of this Agreement. If the AOC payment specified in Subsection 7.2 of this Agreement has not been paid on or before December 31, 2004, Developer agrees to pay IN USA PROPERTIES DEV AGR 2002 0628 the then applicable AOC fee for all residential units iDrior to issuance of building permits. 6.16 Developer agrees prior to issuance of any grading or building permit for the Project, to enter into an agreement with City to pay City each year Project is otherwise exempt from the payment of any portion or all of the real secured and unsecured property taxes on the Property the amount the City would have received if the Project was not exempt from said payment of property taxes. The agreement shall include but not be limited to: A. If Project is sold or transferred to another entity, the fee amount shall increase based on the new value of the property as if it was reassessed consistent with applicable laws. B. The first year amount shall be Twenty Thousand Dollars ($20,000.00) . In the event payment of the first year amount occurs after December 31, 2004, the first year amount shall increase by one percent (1 %) for each six -month period or any portion thereof until paid. C. The payment amount shall increase two percent (2%) each year above the prior year amount except as noted in A., above. In no event shall there be a decrease in the amount paid in any year compared to the prior year. D. Payments shall be made twice each year on dates as mutually agreed upon with provisions for penalties and interest in the event of late or non - payment. 6.17 Developer agrees to comply with Section 13.40.150 of the Moorpark Municipal Code and any provision amendatory or supplementary thereto for annual review of this Agreement and further agrees that the annual review shall include evaluation of its compliance with the approved Mitiqation Monitorinq Proqram. 7. City Agreements. 7.1. City shall process in an expedited manner to the extent possible all plan checking, excavation, grading, building, encroachment and street improvement permits, certificates of occupancy, utility connection authorizations, and other ministerial permits or 19 USA PROPERTIES DEV AGR 2002 0628 approvals necessary, convenient or appropriate for the grading, excavation, construction, development, improvement, use and occupancy of the Project. 7.2. City agrees that the Developer's payment of the Los Angeles Avenue Area of Contribution (AOC) Fee for the project shall be in the amount ofThfee– Two Hundred Thousand Dollars ($ -3200,000.00) payable prior to issuance of the first building permit for the project so long as the building permits for all residential units in the Project are issued on or before December 31, 2004. Developer shall pay the AOC Fee for each residential unit as specified in Subsection 6.15 of this Agreement for building permits issued after January 1, 2005. - 7.3 City agrees that the Developer's payment of the TSM Fee shall be in the amount of Two Hundred Dollars ($ -5200.00) for each residential dwelling unit payable prior to the issuance of the building permit for each unit. 7.4 City agrees to allow certain modifications to the City Zoning Code and development standards as follows: A. Allow the project to be built with a 1:1 2.13 parking ratio as emsaLe —ce— – Geele with a total of X190 parking spaces required on site. �B. Allow the project to be built at a density of !6.2 – twenty (20) units per acre. C, Allow reduction in Park Fees and Citywide Traffic Fees and payment of the Los Angeles Avenue Area of Contribution Fees at the commercial fee rate so long as the Project has all building permits issued for residential units issued prior to December_ 31, 2004. line ce h f 20 USA PROPERTIES DEV AGR 2002 0628 •v v' e.. I WIN I WE! 1112111111 �111111111111!!!� 7.5 City agrees that the Citywide Traffic Fee shall be in the amount of Eight Hundred Dollars ($800.00) for each residential unit payable prior to the issuance of the building permit for each residential unit for any building permit issued on or before December 31, 2004. The Citywide Traffic Fee for all units with a building permit issued after December 31, 2004, shall be Four Thousand Two Hundred Forty Dollars ($4,240.00) plus the annual indexing as specified in Subsection 6.6 of this Agreement. 7.6 City agrees that in lieu of preparing a traffic study for the Project and submitting same for .review by the City Engineer, the Developer shall pay Four Thousand Dollars ($4,000.00) for impacted intersections. 7.7 Notwithstanding anything in this Agreement to the contrary, in the event Developer repairs or rebuilds the Project consistent with the Project Approvals as a result of fire, earthquake, or other casualty, the following fees would not need to be paid: Community Services Fee, Park Fee, Development Fee, Citywide Traffic Fee, and Los Angeles Avenue Area of Contribution Fee. 8. Supersession of Agreement by Change of Law. In the event that any state or federal law or regulation enacted after the date the Enabling Ordinance was adopted by the City Council prevents or precludes compliance with any provision of the Agreement, such provision shall be deemed modified or suspended to comply with such state or federal law or regulation, as reasonably determined necessary by City. 9. Demonstration of Good Faith Compliance. In order to ascertain compliance by the Developer with the provisions of this Agreement, the Agreement shall be reviewed annually in 21 USA PROPERTIES DEV AGR 2002 0628 accordance with Moorpark Municipal Code chapter 15.40. of City or any successor thereof then in effect. The failure of City to conduct any such annual review shall not, in any manner, constitute a breach of this Agreement by City, diminish, impede, or abrogate the obligations of the Developer hereunder or render this Agreement invalid or void. 10. Authorized Delays. Performance by any Party of its obligations hereunder, other than payment of fees, shall be excused during any period of "Excusable Delay ", as hereinafter defined, provided that the Party claiming the delay gives notice of the delay to the other Parties as soon as possible after the same has been ascertained. For purposes hereof, Excusable Delay shall mean delay that directly affects, and is beyond the reasonable control of, the Party claiming the delay, including without limitation: (a) act of God; (b) civil commotion; (c) riot; (d) strike, picketing or other labor dispute; (e) shortage of materials or supplies; (e) damage to work in progress by reason of fire, flood, earthquake or other casualty; (f) failure, delay or inability of City to provide adequate levels of public services, facilities or infrastructure to the Property including, by way of example only, the lack of water to serve any portion of the Property due to drought; (g) delay caused by a restriction imposed or mandated by a governmental entity other than City; or (h) litigation brought by a third party attacking the validity of this Agreement, a Project Approval, a Subsequent Approval or any other action necessary for development of the Property. 11. Default Provisions. 11.1. Default by Developer. The Developer shall be deemed to have breached this Agreement if it: (a) practices, or attempts to practice, any fraud or deceit upon City; or (b) willfully violates any order, ruling or decision of any regulatory or judicial body having jurisdiction over the Property or the Project, provided that Developer may contest any such order, ruling or decision by appropriate proceedings conducted in good faith, in which event no breach of this Agreement shall be deemed to have occurred unless and until there is a final adjudication adverse to Developer; or (c) fails to make any payments required under this Agreement; or WA USA PROPERTIES DEV AGR 2002 0628 Cv •. .. , (d) materially breaches any of the other provisions of the Agreement and the same is not cured within the time set forth in a written notice of violation from City to Developer, which period of time shall not be less than ten (10) days from the date that the notice is deemed received, provided if Developer cannot reasonably cure the breach within the time set forth in the notice, Developer fails to commence to cure the breach within such time limit and diligently effect such cure thereafter. 11.2. Default by City. City shall be deemed in breach of this Agreement if it! (a) _materially breaches any of the provisions of the Agreement and the same is not cured within the time set forth in a written notice of violation from Developer to City, which period shall not be less than ten (10) days from the date the notice is deemed received, provided if City cannot reasonably cure the breach within the time set forth in the notice, City fails to commence to cure the breach within such time limit and diligently effect such cure thereafter. 11.3. Content of Notice of Violation. Every notice of violation shall state with specificity that it is given pursuant to this section of the Agreement, the nature of the alleged breach, and the manner in which the breach may be satisfactorily cured. The notice shall be deemed given on the date that it is personally delivered or on the third day following the day after it is deposited in the United States mail, in accordance with Section 20 hereof. 11.4. Remedies for Breach. The Parties acknowledge that remedies at law, including without limitation money damages, would be inadequate for breach of this Agreement by any Party due to the size, nature and scope of the Project. The Parties also acknowledge that it would not be feasible or possible to restore the Property to its natural condition once implementation of the Agreement has begun. Therefore, the Parties agree that the remedies for breach of the Agreement shall be limited to the remedies expressly set forth in this subsection. The remedies for breach of the Agreement by City shall be injunctive relief and /or specific performance. 23 USA PROPERTIES DEV AGR 2002 0628 The remedies for breach of the Agreement by the Developer shall be injunctive relief and /or specific performance. In addition, and notwithstanding any other language of this Agreement, if the breach is of Subsections 6.3, 6.4, 6.5, 6.6, 6.9, 6.11, or 6.15, 6.iG of this Agreement, City shall have the right to withhold the issuance of building permits from the date that the notice of violation was given pursuant to Subsection 11.3 hereof until the date that the breach is cured as provided in the notice of violation. Nothing in this subsection shall be deemed to preclude City from prosecuting a criminal action against the Developer if it violates any -City ordinance or state statute. 12. Mortgage Protection. At the same time that City gives notice to the Developer of a breach, City shall send a copy of the notice to each holder of record of any deed of trust on the portion of the Property in which Developer has a legal interest ( "Financier "), provided that the Financier has given prior written notice of its name and mailing address to City and the notice makes specific reference to this section. The copies shall be sent by United States mail, registered or certified, postage prepaid, return receipt requested, and shall be deemed received upon the third (3rd) day after deposit. Each Financier that has given prior notice to City pursuant to this section shall have the right, at its option and insofar as the rights of City are concerned, to cure any such breach within fifteen (15) days after the receipt of the notice from City. If such breach cannot be cured within such time period, the Financier shall have such additional period ath t y the reasonably required to cure the same, provided Financier gives notice to City of its intention to cure and commences the cure within fifteen (15) days after receipt of the notice from City and thereafter diligently prosecutes the same to completion. City shall not commence legal action against Developer by reason of Developer's breach without allowing the Financier to cure the same as specified herein. Notwithstanding any cure by Financier, this Agreement shall be binding and effective against the Financier if it takes title to the Property, and every owner of the Property, or part thereof, whose title thereto is acquired by foreclosure, trustee sale or otherwise. 24 USA PROPERTIES DEV AGR 2002 0628 13. Estoppel Certificate. At any time and from time to time, any Developer may deliver written notice to City and City may deliver written notice to the Developer requesting that such Party certify in writing that, to the knowledge of the certifying Party, (i) this Agreement is in full force and effect and a binding obligation of the Parties, (ii) this Agreement has not been amended, or if amended, the identity of each amendment, and (iii) the requesting Party is not in breach of this Agreement, or if in breach, a description of each such breach. The Party receiving such a request shall execute and return the certificate within thirty (30) days following receipt of the notice. City acknowledges that a certificate may be relied upon by successors in interest to the Developer who requested the certificate and by holders of record of deeds of trust on the portion of the Property in which that Developer has a legal interest. 14. Administration of Agreement. Any decision by City staff concerning the interpretation and administration of this Agreement and development of the Property in accordance herewith may be appealed by the Developer to the City Council, provided that any such appeal shall be filed with the City Clerk of City within ten (10) days after the Developer receives notice of the staff decision. The City Council shall render its decision to affirm, reverse or modify the staff decision within thirty (30) days after the appeal was filed. The Developer shall not seek judicial review of any staff decision without first having exhausted its remedies pursuant to this section. 15. Amendment or Termination by Mutual Consent. In accordance with the provisions of Chapter 15.40 of the Moorpark Municipal Code or any successor thereof then in effect, this Agreement may be amended or terminated, in whole or in part by mutual consent of City and the Developer. 16. Indemnification. The Developer shall indemnify, defend with counsel approved by City, and hold harmless City and its officers, employees and agents from and against any and all losses, liabilities, fines, penalties, costs, claims, demands, damages, injuries or judgments arising out of, or resulting in any way from, the Developer's performance pursuant to this Agreement. Developer shall indemnify, defend with counsel approved by City, and hold harmless City and its officers, employees and agents from any against any action or proceeding to attack, review, set aside, void or annul this Agreement or any 25 USA PROPERTIES DEV AGR 2002 0628 provision thereof, or the Project Approvals, or any Subsequent Approvals. 17. Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element. 18. Operative Date. This Agreement shall become operative on the date the Enabling Ordinance becomes effective pursuant to Government Code Section 36937. 19. Term. This Agreement shall remain in full force and effect for a term of five (5) years commencing on its operative date or until one (1) year after occupancy of the Three u„ndL=e Twelfth (3- - —One Hundred Ninetieth (190` °) apartment unit, whichever occurs later, unless said term is amended or the Agreement is sooner terminated as otherwise provided herein. Expiration of the term or earlier termination of this Agreement shall not automatically affect any Project Approval or Subsequent Approval that has been granted or any right or obligation arising independently from such Project Approval or Subsequent Approval. Upon expiration of the term or earlier termination of this Agreement, the Parties shall execute any document reasonably requested by any Party to remove this Agreement from the public records as to the Property, and every portion thereof, to the extent permitted by applicable laws. 20. Notices. All notices and other communications given pursuant to this Agreement shall be in writing and shall be deemed received when personally delivered or upon the third (3rd) day after deposit in the United States mail, registered or certified, postage prepaid, return receipt requested, to the Parties at the addresses set forth in Exhibit "B" attached hereto and incorporated herein. Any Party may, from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified. 21. Entire Agreement. This Agreement contains the entire agreement between the Parties regarding the subject matter hereof, and all prior agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended, except as expressly provided herein. 22. Waiver. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, whether or not 26 USA PROPERTIES DEV AGR 2002 0628 similar; nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless it is executed in writing by a duly authorized representative of the Party against whom enforcement of the waiver is sought. 23. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 24. Relationship of the Parties. Each Party acknowledges that, in entering into -and performing under this Agreement, it is acting as an independent entity and not as an agent of the other Party in any respect. Nothing contained herein or in any document executed in connection herewith shall be construed as creating the relationship of partners, joint ventures or any other association of any kind or nature between City and Developer, jointly or severally. 25. No Third Party Beneficiaries. This Agreement is made and entered into for the sole benefit of the Parties and their successors in interest. No other person shall have any right of action based upon any provision of this Agreement. 26. Recordation of Agreement and Amendments. This Agreement and any amendment thereof shall be recorded with the County Recorder of the County of Ventura by the City Clerk of City within the period required by Chapter 15.40 of the Moorpark Municipal Code or any successor thereof then in effect. 27. Cooperation Between City and Developers. City and Developer shall execute and deliver to the other all such other and further instruments and documents as may be necessary to carry out the purposes of this Agreement. 28. Rules of Construction. The captions and headings of the various sections and subsections of this Agreement are for convenience of reference only, and they shall not constitute a part of this Agreement for any other purpose or affect interpretation of the Agreement. Should any provision of this Agreement be found to be in conflict with any provision of the Project Approvals or the Subsequent Approvals, the provision of this Agreement shall prevail. 29. Joint Preparation. This Agreement shall be deemed to have been prepared jointly and equally by the Parties, and it shall 27 USA PROPERTIES DEV AGR 2002 0628 not be construed against any Party on the ground that the Party prepared the Agreement or caused it to be prepared. 30. Governing Law and Venue. This Agreement is made, entered into, and executed in the County of Ventura, California, and the laws of the State of California shall govern its interpretation and enforcement. Any action, suit or proceeding related to, or arising from, this Agreement shall be filed in the appropriate court having jurisdiction in the County of Ventura. 31. Attorneys' Fees. In the event any action, suit or proceeding is brought for the enforcement or declaration of any right or obligation pursuant to, or as a result of any alleged breach of, this Agreement, the prevailing Party shall be entitled to its reasonable attorneys' fees and litigation expenses and costs, and any judgment, order or decree rendered in such action, suit or proceeding shall include an award thereof. Attorneys' fees under this section shall include attorneys' fees on any appeal and any post - judgment proceedings to enforce the judgment. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement. 32. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which constitute one and the same instrument. IN WITNESS WHEREOF, jeeelmyneAb :-, and City of Moorpark have executed this Development Agreement on CITY OF MOORPARK By: Patrick Mayor ATTEST Hunter Deborah S. Traffenstedt City Clerk 28 USA PROPERTIES DEV AGR 2002 0628 VINTAGE CREST SENIOR APARTMENTS, L.P., a California limited partnership Developer By: USA Properties Fund, Inc., a California corporation Its: Administrative General Partner By: Geoffrev C. Brown, President By: Riverside Charitable Corporation a California non - profit corporation Its: Manaqinq General Partner By: Kenneth S. Robertson, Chairman of the Board 29 USA PROPERTIES DEV AGR 2002 0628 EXHIBIT A LEGAL, DESCRIPTION Assessor's Parcel No. 55506 -0- 050 -185 and a portion of 506 -0- 050 -475 30 USA PROPERTIES DEV AGR 2002 0628 EXHIBIT B To City: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn. City Manager To Developer: T. el j,n Abr r .29311 Gast= !!ill: T u 1 i ran 91 30'i �< J jehn , S UC « L O'Z7TC j C2Z -7�GTQ Steven T. Gall, Executive Vice President USA Properties Fund 2440 Professional Drive, Suite 100 Roseville, CA 95661 -7773 �r. - a� , v.✓ v yr v w« ITEM I �_ NOWINA& MINUTES OF THE CITY COUNCIlf City Cmincii 1-Tcr.tinZ Moorpark, California rf August 1, 2001 A Regular Meeting of the City was held on August 1, 2001, in located at 799 Moorpark Avenue, 1. CALL TO ORDER: AC'TTON: AD Vfd Council of the City of Moorpark the Council Chambers or said i y Moorpark, Cali or rte.- -+r�- Mayor Hunter called the meeting to order at 6 :57 p.m. 2. INVOCATION: Pastor Errol Hale, Shiloh Community Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Councilmember Harper led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Mikos, Millhouse, Harper, Wozniak and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Hugh Riley, Assistant City Manager; Joseph Montes, City Attorney; Wayne Loftus, Director of Community Development; Ken Gilbert, Director of Public Works; Mary Lindley, Director of Community Services; Walter Brown, City Engineer; Captain Robert LeMay, Sheriff's Department; John Libiez, Planning Manager; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and La -Dell VanDeren, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: None 6. PUBLIC COMMENT: None. AT THIS POINT IN THE MEETING, the Council meeting was recessed to convene the Redevelopment Agency meeting. The time was 7:00 Minutes of the City Council Moorpark, California Page 2 August 1, 2001 p.m. The Council meeting reconvened at 7:17 p.m. with all Councilmembers present. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Millhouse requested that the agenda be reordered as follows: Item 10.C. to the end of the Action /Discussion items and Item 10.E. to be moved up to follow Item 10.A. CONSENSUS: By consensus, the Council determined to reorder the agenda to move Item 10.C. to follow Item 10.G. and to move Item 10.E. to follow Item 10.A. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Wozniak requested a future agenda item regarding the left -turn pocket at Spring Road and Los Angeles Avenue (southbound on Spring Road to eastbound New Los Angeles Avenue). 9. PUBLIC HEARINGS: A. Consider Final Review and Changes to the Engineer's Report for Assessment District 01 -3 (Cabrillo Economic Development Corporation - Tentative Tract 5161) and the Adoption of a Resolution Confirming the Assessment Amounts for Fiscal Year 2001/02. Staff Recommendation: 1) Open the public hearing, receive testimony, and close the public hearing; 2) Approve Engineer's Report for ADO1 -3 for FY 2001/02, with no changes from the report approved by City Council Resolution No. 2001- 1871; and 3) Adopt Resolution No. 2001 -1874 confirming the assessments for ADO1 -3 for FY 2001/02. Mr. Gilbert gave the staff report. Mayor Hunter opened the public hearing; there being no speakers, Mayor Hunter closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Mikos seconded the motion to: Approve the Engineer's Report for ADO1 -3 for FY 2001/02, with no changes from the report approved by City Council Resolution No. 2001 -1871; and adopt Resolution No. 2001 -1874 confirming the assessments for ADO1 -3 for FY 2001/02. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 3 August 1, 2001 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Teen Council Appointments and Amendments to Teen Council Guidelines. (Continued from July 18, 2001) Staff Recommendation: 1) Adopt amendments to the Teen Council Guidelines consistent with the staff report and direct staff to include the Teen Council Guidelines in the next update of the City Council Policies Resolution; and 2) Make appointments to the Teen Council for a one -year term to begin on July 1, 2001. Ms. Traffenstedt gave the staff report. Mayor Hunter discussed the applications and stated that he intended to nominate the following applicants: Zahabiya Chithiwala, Andrea Green, Todd Koszela, Taylor Skinner, Amanda Lopez, Shannon Pflaumer, Greg Priebe, Brittany Stephens and Heather Harper. Councilmember Wozniak commented about how impressive the entire group of teens was that had applied for the Teen Council. Mayor Hunter asked that rules be waived with regard to individual voting and asked that the Council vote on the total slate of nominees. MOTION: Mayor Hunter moved and Councilmember Millhouse seconded the motion to: 1) Adopt amendments to the Teen Council Guidelines consistent with the staff report and direct staff to include the Teen Council Guidelines in the next update of the City Council Policies Resolution; 2) waive rules to vote on each nomination separately; and 3) appoint Zahabiya Chithiwala, Andrea Green, Todd Koszela, Taylor Skinner, Amanda Lopez, Shannon Pflaumer, Greg Priebe, Brittany Stephens and Heather Harper to the Teen Council for a one -year term ending June 30, 2002. The motion carried by voice vote 4 -0, Councilmember Harper abstaining. E. Consider County of Ventura's Moorpark Road Realignment Project. Staff Recommendation: Direct staff as deemed appropriate. Mr. Gilbert gave the staff report. Minutes of the City Council Moorpark, California Page 4 August 1, 2001 In response to Councilmember Mikos, Mr. Gilbert stated there were engineering problems associated with restricting turn movements. In response to Councilmember Millhouse, Mr. Butch Britt, Ventura County Public Works Agency, explained that any median that would restrict northbound traffic on the realigned Moorpark Road from continuing north onto Miller Parkway would also affect left turn movements from vehicles southbound on Miller Parkway. In response to Mayor Hunter, Mr. Britt replied that other alterations such as a "zebra stripe median" could be installed, but a physical barrier could not be put in the center of the intersection. In response to Councilmember Millhouse, Mr. Britt stated that through traffic could be restricted; however, not with a center median. In response to Councilmember Harper, Mr. Britt suggested a left -turn signal with protected turn arrows versus a raised median. Mayor Hunter summarized safety and design concerns. In response to Mayor Hunter, Jarrod DeGonia, representing Supervisor Mikels, stated he could not state her position on the Norwegian grade project. He did state that Supervisor Mikels is supportive of the Moorpark Road realignment project because of safety concerns, and that she had asked the County Public Works staff to design an intersection to achieve the City's objectives to restrict through traffic. In response to Councilmember Millhouse, Mr. DeGonia confirmed that Supervisor Mikels had told Councilmember Millhouse that the intersection could be designed to restrict through traffic. In response to Councilmember Mikos, Mr. Gilbert replied there will be no raised median, only signage and striping. He stated that a raised median would not be possible. X41 Minutes of the City Council Moorpark, California Page 5 August 1, 2001 Councilmember Harper stated that a protected left turn northbound and southbound could be used rather than just passive signs. Mr. Kueny stated it will take some time to design the intersection. He also stated that the Tierra Rejada Road median might need to be pulled back for a short distance. Ruth Pritkin, a Moorpark resident, stated her opposition to the County Moorpark Road project and that she was in support of a physical barrier to restrict through traffic. Anthony Capitele, a Moorpark resident, stated his opposition to the County Moorpark Road project and spoke about traffic concerns. He requested that residents not have restricted turn movements out of their neighborhood. Mayor Hunter stated to Mr. shares his concerns re impacting residents. Mayor are willing to accept some movements. Councilmember through movement to Santa affected. Capitele that the Council garding through traffic Hunter asked if residents restriction on their turn Harper stated that the Rosa Road would also be Mr. Capitele stated he would like to be involved and share his opinion on a solution. Ralph Rodriguez, a Moorpark resident, thanked the Council for opposing the project, and requested a very careful study for the safety of the community. Mr. Traffenstedt stated that three written statement cards in opposition to the County project had been received from: Ralph Mauriello, Marcia Capitelli, and Scott Kams. Mayor Hunter stated that there is merit in allowing staff to work with the County on the design and that he wants to consider a center median to be studied. Councilmember Harper stated he would like to have more analysis of how to minimize restricting turn movements Minutes of the City Council Moorpark, California Page 6 August 1, 2001 from Miller Parkway but yet still preclude through traffic from Moorpark Road onto Miller Parkway. Councilmember Mikos stated she was not convinced that a partial barrier isn't possible versus a painted median. Councilmember Millhouse stated that he agreed with what had been said by other Councilmembers. Mr. Kueny asked for Mr. Britt to speak about the County's schedule. Mr. Britt stated that the County is proceeding to purchase the right of way for the project and plan to advertise for construction this fall. In response to Mayor Hunter, Mr. Britt stated that the cost for existing Moorpark Road improvements were more that the proposed realignment project. Mr. Kueny suggested delaying issuance of the encroachment permit to allow a solution to be developed. He suggested the item be continued to September 5, 2001. In response to Mr. Kueny, Mr. Montes stated that the County may be concerned with the statute of limitation of 90 days from the date of approval of the encroachment permit. Councilmember Millhouse suggested the City Attorney be authorized to prepare a limited tolling agreement to extend the time period for the County to file a lawsuit. MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded a motion to direct staff to meet with County staff regarding the design for the Moorpark Road realignment /Miller Parkway intersection and authorized the City Attorney to work with County Counsel on a Tolling Agreement to extend the lawsuit filing period, and continued the Item to the September 5, 2001 meeting. The motion passed by voice vote 4 -1, Councilmember Harper dissenting. Minutes of the City Council Moorpark, California Page 7 Auaust 1, 2001 Councilmember Harper explained his reason for voting no was that Supervisor Mikels has only offered to partially mitigate the impacts of the County project. AT THIS POINT in the meeting, a recess was called. The time was 8:13 p.m. The meeting reconvened at 8:41 p.m. with all Councilmembers present. Mayor Hunter announced a request for reconsideration of Item 10.E. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to reconsider the previous motion for Item 10.E. The motion carried by unanimous voice vote. Councilmember Wozniak stated he wanted staff to look at the need to control through traffic on both Miller Parkway and Spring Road. He stated that he does not want to shift the problem by redirecting traffic from Miller Parkway to Spring Road. CONSENSUS: By consensus, the study potential through traffic Moorpark Road realignment. Council directed staff to also impacts on Spring Road from the Mayor Hunter stated that Items 10.B. and 10.F would be heard concurrently with separate staff presentations. B. Consider a Request to Modify Condition of Approval No. 1 of Conditional Use Permit No. 94 -01 of Moorpark Country Club Estates to Reduce the Number of Holes of Play for the Required Golf Courses from Thirty -six (36) Holes to Twenty -seven (27) Holes and Addendum No. 4 to the Certified Environmental Impact Report (EIR) (SCH #9408175) - Toll Bros. Inc., Applicant. (Continued from July 18, 2001) Staff Recommendation: 1) Accept public comment; 2) Consider the request to modify the number of holes of play of the golf courses as conditioned under CUP 94 -01, and approve Addendum No. 4 to the project certified Environmental Impact Report; and 3) Adopt Resolution No. 2001 -1875 granting Minor Modification No. 3 to the Country Club Estates Project. Mr. Loftus gave the staff report. F. Consider First Amendment to Settlement Agreement among City of Moorpark, Toll CA GP Corp., and Toll CA, L.P. {.. `V - L', , 31 Minutes of the City Council Moorpark, California Page 8 August 1, 2001 Staff Recommendation: Approve First Amendment subject to final language approval of City Attorney and City Manager and authorize the Mayor to sign on behalf of the City. Mr. Kueny gave the staff report. In response to Mayor Hunter, Mr. Kueny stated the $220,000 payment referenced on page 2 would need to be paid immediately upon execution. He also stated that the discounted rates for seniors and students would need to be offered year round. In response to Councilmember Harper, Mr. Kueny stated that the original Development Agreement did not specify the amount of the discount. Mayor Hunter suggested a 10 percent discount. Councilmember Harper suggested a 25 percent discount. In response to Councilmember Mikos, Mr. Kueny stated no other discount other than for seniors and students was previously considered. Mr. Craig Messi, representing Toll Brothers, stated is was available for questions. He stated that the senior discount and various other discounts will be a minimum of 10 percent guaranteed. He also stated they anticipated a discount for City residents. He responded to the initial payment question and confirmed that the payment by Toll Brothers would be immediate. In response to Mayor Hunter, Mr. Kueny stated that the senior discount should be for age 60 and older. Mr. Messi stated they would agree to age 60. Mayor Hunter asked that age 60 be included in the agreement. In response to Councilmember Harper, Mr. Messi agreed that students included college students. Mr. Messi stated he would not be able to agree to more than a 10 percent discount at this time. Minutes of the City Council Moorpark, California Page 9 August 1, 2001 Mr. Kueny spoke about Toll Brothers hosting the interscholastic golf programs and stated that Toll would typically negotiate directly with the School District and the discount would typically exceed the 10 percent discount offered generally. Eloise Brown, a Moorpark resident, stated she recalled that when the project first came forward there were two golf courses proposed and one was to be a municipal course. Pete Peters, a Moorpark resident, stated that he was pleased with Toll Brothers and their grading efforts. He spoke of his concern about the additional traffic on Walnut Canyon Road, potential accidents on that roadway, and the developer fees that were being used to help with the traffic relief on Walnut Canyon Road. Gordon Mazur, a Moorpark resident, spoke about traffic concerns on Walnut Canyon Road and stated he is a neighbor to the Toll Brothers project and is directly affected. Councilmember Mikos asked for response to public comment questions regarding a municipal golf course. In response to Councilmember Mikos, Mr. Kueny replied that it was not part of the final development agreement. In response to Councilmember Mikos regarding traffic, Mr. Loftus discussed circulation system improvements approved for the Specific Plan No. 2 project, including improvements planned for Walnut Canyon Road and Spring Road. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion for Item 10.B. to approve Addendum No. 4 to the project certified Environmental Impact Report, and adopt Resolution No. 2001 -1875 granting Minor Modification No. 3 to the Country Club Estates Project. The motion carried by unanimous voice vote. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion for Item 10.F. to: 1) Approve the First Amendment to Settlement Agreement as revised by Council to include definitions for students and seniors, and to identify the 10 percent discount for students and Minutes of the City Council Moorpark, California Page 10 August 1, 2001 seniors and due date for $220,000 payment, and subject to final language approval of the City Attorney and City Manager; and 2) Authorize the Mayor to sign on behalf of the City. The motion carried by unanimous voice vote. D. Consider Planning Commission Recommendation Concerning the Alternative Architectural Themes for a Proposed Retail /Commercial Center Including Target and Kohl Department Stores at the Southwest Quadrant of New Los Angeles Avenue and Highway 23. Staff Recommendation: 1) Consider and discuss the presentation by applicant and recommendation from the Planning Commission; and 2) Direct staff as deemed appropriate. Mr. Loftus gave the staff report. Brian Wolf, P & R Architects, 111 W. Ocean Boulevard, Laguna Beach, representing Zelman Retail Partners/ Zelman Development Company as the project architect, stated the project applicant was seeking direction on the architecture. He stated the Planning Commission reviewed three styles and the consensus was that a Spanish Revival was preferred. He discussed the conceptual site plan, architecture and type of retail center planned. Robert Exel, Vice President of Zelman Development Company, 515 South Figueroa Street, Suite 1230, Los Angeles, stated he was available for questions. Mark DiCecco, a Moorpark resident and City Planning Commissioner, discussed the importance of the project design at the gateway to the City. He stated the site plan does not have adequate pedestrian access and that it ignored the project behind it. He stated that an intimate scale does not exist with the current design. In response to Councilmember Millhouse, Mr. DiCecco discussed potential pedestrian access linking the industrial development to the south and discussed the Spanish revival architectural theme. Gerald Goldstein, a Moorpark resident, discussed entrance to the City concerns. Mayor Hunter stated that this site is the last large commercial development that the city of Moorpark will C Minutes of the City Council Moorpark, California Page 11 August 1, 2001 have a chance to build. He also stated that, in his opinion, the first draft development plan has a long way to go and does not meet community standards. He stated that his first impression is that this appears to be a large strip mall with the orientation of the large buildings to the rear. In comparison, he spoke about the Promenade in Westlake and stated that in comparison that center is open, inviting and interesting. Mayor Hunter stated that there is nothing creative about this center. He stated that this project requires a significant amount of work. Councilmember Harper stated he concurred with the Mayor's comments and that a straight store frontage of this mass is not attractive. He requested that the developer come back with better drawings with more people oriented areas. He stated pedestrian areas also needed places for people to sit. Mr. Wolfe, stated that he would work with staff to address the issues raised by Council. Councilmember Harper clean roof lines as freeway. He stated line of sight and a the signage must community. stated he would also like to see the roofs will be seen from the the developer needs to consider design solution. He stated that blend with the scale of the Councilmember Wozniak stated he concurred with the need for pedestrian access between the commercial and industrial projects and asked for large walkways through the center. He also stated that the Council does not want a strip mall appearance. Councilmember Mikos stated she concurred with the comments and wants the project to be more pedestrian friendly. She stated she is not enamored with the Spanish revival style. She also stated she does not want to see a straight line of buildings. Councilmember Millhouse stated he spoke to the applicant about design changes over a month ago and was disappointed his previous comments were not addressed. He stated the straight line of buildings must be modified. He stated the project needs to be more pedestrian friendly. Minutes of the City Council Moorpark, California Page 12 August 1, 2001 Councilmember Mikos asked if a tall architectural feature could be blended into the center to allow a higher sign. Mayor Hunter stated the tenant mix is important to the success or failure of the center and that he hoped the applicant would get the City's concurrence with what residents would like to have available. He suggested a bookstore, places to eat, a clothing store, and a Trader Joe's. Councilmember Millhouse also suggested a sporting goods store, a water fountain area with seating, and coffee and ice cream sales. Mr. Exel asked what was the preferred architectural style and whether Spanish revival was acceptable to the Council. Councilmember Harper stated that Spanish revival is the closest consensus the applicant could get. Mr. Wolfe thanked the Council and stated he would attempt to address the Council's comments. G. Consider Amendment to Lease Agreement with Moorpark Unified School District at 30 Flory Avenue for Expansion of Moorpark Police Services Center. Staff Recommendation: Approve Amendment subject to final language approval of City Manager and City Attorney and authorize City Manager to sign on behalf of the City. Mr. Kueny gave the staff report. MOTION: Mayor Hunter moved and Councilmember Harper seconded the motion to approve the Amendment subject to final language approval of the City Manager and City Attorney and authorize the City Manager to sign on behalf of the City. The motion carried by unanimous voice vote. C. Consider Approval of Proposed City Goals and Objectives for Fiscal Year 2001 -2002. (Continued from June 20, 2001). Staff Recommendation: Approve City Goals and Objectives for Fiscal Year 2001/2002. Minutes of the City Council Moorpark, California Page 13 August 1, 2001 Mr. Kueny gave the staff report. Mayor Hunter referred to the lists of objectives received from Councilmember Millhouse and Councilmember Mikos. Councilmember Mikos discussed her recommendation to consider doing the Goals and Objectives earlier in the year. She discussed her list and suggested one additional item, which was rezoning of the prior SP -8 property this year. Councilmember Millhouse stated his list is focussed on traffic mitigation and youth activities. He stated he has proposed some specific deadlines for some of the projects. He stated his agreement with receiving the objectives earlier in the budget process, perhaps December. He outlined his list of objectives including having an aquatic center in place by summer of 2003; additional softball and soccer fields to accommodate youth groups; and adding a fourth field at Arroyo Vista Community Park and lighting them all with photovoltaics or other energy saving lighting. Councilmember Harper referenced stamped page 64 and stated that the City Manager's recommended top ten list is the closest to consensus. He stated that the Open Space, Conservation and Recreation (OSCAR) and Circulation Elements should be added to the third bullet item on page 64 and the next to last bullet item on stamped page 65 should include the trail system along the Arroyo Simi. Councilmember Mikos stated that an item regarding City website upgrade should be added to the City Manager's list as a priority item. She expressed a concern that interest in the Arroyo Simi will be focussed only on the trail system and stated that the General Plan update should include the concept of a greenway for the Arroyo Simi. Mayor Hunter stated he is Arroyo Simi as a priority items on the list have more he stated it should be a stated he is looking for widest range of attraction not ready to include the for this year when other expansive appeal; however, long -term objective. He ten items that have the to the broadest range of 910'.:, ^. Minutes of the City Council Moorpark, California Page 14 August 1, 2001 people in the City. He stated his top priority items include construction of a community pool, construction of a police station on Spring Road, and traffic mitigation issues. Councilmember Wozniak stated that staff has the ability to pick up on the items that the Council wants action on. He stated he wants the top ten objectives to have the broadest appeal for the City of Moorpark, and the City Manager's list is consistent with the citizen's priorities. Councilmember Millhouse stated his agreement that the top ten objectives should have the broadest range of appeal. He concurred with adding the OSCAR Element to the third bullet item on stamped page 64 and incorporating the management of the Arroyo Simi with the trail system. He stated the website upgrade is not one of his top ten priority items for the next fiscal year; however, it is important for the long term. Councilmember Harper stated he did not include any technology items in the top ten to give time for the new Information Systems staff person to get on board. He stated everything on the City Manager's list is top priority. He suggested adding to the second to last bullet item on stamped page 65, the wording about providing recreational use of the Arroyo Simi watershed. Councilmember Mikos stated that more than recreation should be addressed in the second to last bullet item. She suggested there should be a balance between management, flood control, recreation, habitat enhancement, and all of the resources of the Arroyo Simi. Councilmember Millhouse suggested development of a comprehensive plan for the Arroyo Simi rather than a piecemeal approach. Mr. Kueny stated that historically the council consensus has been to bring the Goals and Objectives back on the council agenda as a consent item. He suggested that at the second regular meeting of January, staff bring back a concise status report on Minutes of the City Council Moorpark, California Page 15 August 1, 2001 the top ten objectives and use that to lead up to the budget process. Mayor Hunter stated that he wants to continue to use the term aquatic facility for the community pool. He stated he expects staff to stay on schedule for the deadline of summer /fall of 2003. He stated that if there is a chance the aquatic facility project will fall behind, it should be brought to the council's attention. Mr. Kueny stated it is his intent that, at the second meeting in January, there will be a status on the top ten with a comprehensive report on each of the items. Councilmember Mikos stated that the last item on the City Manager's list should include some focus on housing in the downtown specific plan, and consideration for commercial and retail. Mayor Hunter stated that he thinks those projects will move along at their own pace. He stated he does see that it will take significant staff time to address the top ten items. CONSENSUS: By consensus, the Council approved the modified City Manager's list of top ten priorities, directed staff to schedule City goals and objectives for fiscal year 2001/2002 for consent calendar approval on September 5, 2001, and directed staff to schedule a progress report on top ten priorities for January 16, 2002. 11. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion for approval of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Special Joint Meeting of City Council and Planning Commission of May 17, 2001. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register for 2000 -2001 Fiscal Year - August 1, 2001. Minutes of the City Council Moorpark, California Page 16 August 1, 2001 Manual Warrants 106304 - 106315 & $ 3,705.13 106544 Voided Warrants 106310 & 106311 $ (0.00) (Pentamation additional 106557 remittance copies) Regular Warrants 106546 - 106563 $235,181.16 Staff Recommendation: Approve the Warrant Register. C. Consider Approval of Warrant Register for 2001 -2002 Fiscal Year - August 1, 2001. Manual Warrants 106298 - 106301 & 106316 - 106531 - 106542 - 106545 106299 & 106320 & 106532 & 106543 & Voided Warrant 106317 Payroll Liability 106321 - 106328 & Warrants 106533 - 106541 $ 474,238.94 $ (23,580.00) $ 13,531.18 $ 16,601.72 Regular Warrants 106467 - 106530 & $1,018,325.35 106564 - 106611 $ 74,715.29 Staff Recommendation: Approve the Warrant Register. D. Consider Adoption of Resolution Amending the FY 2001/02 Budget for Portable Restroom Rentals. Staff Recommendation: Adopt Resolution No. 2001 -1876, amending the FY 2001/02 Budget by $1,200 for the rental of portable restrooms during the Moorpark Packer Football season. E. Consider Request from Moorpark Kiwanis To Waive Park Rental Fees for a Softball Tournament. Staff Recommendation: Approve the request from Kiwanis of Moorpark to waive park rental fees associated with their Girls Softball Tournament, provided that they pay all direct costs incurred by the City, including one staff person dedicated to the Tournament. C ." d..} Minutes of the City Council Moorpark, California Page 17 August 1, 2001 F. Consider Request by Roam'n Relics Car Club to Hold Car Show on October 28, 2001 from 8 a.m. to 3 p.m. on High Street, and to Reduce City Fees. Staff Recommendation: 1) Waive fee for use of Redevelopment Agency property, charge Club the contract billing rate for police charged by the County, and charge Club the direct cost of other staff to plan the event; 2) Require Club to pay an encroachment permit fee ($100) and a temporary use permit fee ($88); and 3) Require Club to provide the City and Agency with an indemnification agreement and name the City and Agency as additional insureds on the Club's insurance policy. G. Consider Authorizing the City Manager to Execute an Amendment to Contract 99 -50; Agreement for Professional Services Audit Services provided by Vavrinek, Trine, Day and Company. Staff Recommendation: Authorize the City Manager to extend the agreement with Vavrinek, Trine, Day and Company for audit services for audit year 2000/2001, at a cost not to exceed $26,475.00 and for audit year 2001/2002 at a cost not to exceed $27,750.00. H. Consider Notice of Completion for the 2000 Asphalt Overlay Project [Including Spring Road & Los Angeles Avenue Rehabilitation Projects]. Staff Recommendation: 1) Adopt Resolution No. 2001 -1877 approving an amendment to the FY 2000/2001 Budget by revising the appropriation and budget for the subject project as follows: General Fund [Fund 1000]: $19,724 increase; L. A. Ave. AOC [Fund 2501]: $87,490: Total Increase $107,214; and 2) Accept the work as completed. I. Consider Report of Annual Development Agreement Review, Established in Connection with a 35 -Acre, Detached Single - Family Residential Unit Project Located on the South Side of Los Angeles Avenue, West of Leta Yancy Road (Formerly Liberty Bell Road) (Tract 5053, Pacific Communities) . Staff Recommendation: 1) Accept the Director of Community Development's Report and recommendation that, on the basis of substantial evidence, Pacific Communities has complied in good faith with the terms and conditions of the agreement; and 2) Deem the annual review process complete. J. Consider Adoption of Resolution Amending the Fiscal Year 2001/02 General Fund Budget for a Reward for Minutes of the City Council Moorpark, California Page 18 August 1, 2001 Information Concerning Missing Person Megan Barroso. Staff Recommendation: Adopt Resolution No. 2001 -1878 amending the 2001/2002 General Fund Budget by $10,000 for a reward for information concerning mission person Megan Barroso. K. Consider Approval of Project to Construct a Double Left -Turn Lane [West -to- South] and Other Improvements in the Vicinity of the Intersection of Los Angeles Avenue and Tierra Rejada Road [ Albertson's] . Staff Recommendation: 1) Approve the Agreement subject to final language approval of the City Manager and City Attorney, and authorize the City Manager to sign the Agreement between the City and Albertson's regarding project implementation; 2) Approve the project plans and specifications for construction and for the purpose of establishing design immunity pursuant to Section 830.6 of the Government Code of the State of California; and 3) Authorize staff to advertise for receipt of bids for the construction of the subject project. L. Consider Establishing Program for Employee Resourcefulness and Creativity. Staff Recommendation: Approve Program for Employee Resourcefulness and Creativity and authorize the City Manager to approve and implement the Program Guidelines. M. Consider Approving a Policy Regarding the Placement of Vertical Street Banners in the Public Rights -of -Way. Staff Recommendation: 1) Approve the proposed Policy for Banners in the Public Rights -of -Way. 12. ORDINANCES: None. 13. CLOSED SESSION: Mr. Kueny recommended that the City Council adjourn to closed session for a discussion of Items 13.C, 13.F., 13.H., 13.I., 13.J., and 13.K. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adjourn to closed session for a discussion of Items 13.C, 13.F., 13.H., 13.I., 13.J., and 13.K. The motion carried by unanimous voice vote. The time was 10:23 p.m. Cv,. li , ; fl) j 4; �.. V• r..' v Minutes of the City Council Moorpark, California Page 19 August 1, 2001 C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark and City Council of the City of Moorpark (Case No. SCO21825) F. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Hidden Creek Ranch, LP, a California Limited Partnership and Messenger Investment Company, Inc., a California Corporation vs. The City of Moorpark and City Council of the City of Moorpark (Case No. SCO23388) H. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: (APN 512 -0- 150 -765) City Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and Louis L. Borick Under Negotiation: Price and terms of payment I. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Assistant City Manager, Assistant to City Manager /City Clerk, City Manager, City Attorney, City Engineer, Chief of Police, Director of Administrative Services, Director of Community Development, Director of Community Services, and Director of Public Works. J. 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. K. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) Agency Designated Representative: Steven Kueny Unrepresented employees: Assistant City Manager, Director of Administrative Services, ATCM /City Clerk, Director of Community Development, Director of Community Services, Director of Public Works, Finance /Accounting Manager, Information Systems Supervisor, Planning Manager, Principal Planner, Recreation Superintendent, and Senior Management Analyst. 1..' `..I 'ar•' '1s'v Minutes of the City Council Moorpark, California Page 20 August 1, 2001 Present in closed session were all Councilmembers, Steven Kueny, City Manager; Joseph Montes, City Attorney (left the meeting at 10:55 p.m.) ; Hugh Riley, Assistant City Manager (left the meeting at 10:55 p.m.) ; Wayne Loftus, Community Development Director (left the meeting at 10:55 p.m.); Captain Robert LeMay, Sheriff's Department (arrived at 10:55 p.m. and left the meeting at 11:30 p.m.) ; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened into open session at 11:39 p.m. Mr. Kueny stated that Items 13.C., 13.F., 13.H., 13.I., 13.J., and 13.K were discussed in closed session and that there was no action to report. 14. ADJOURNMENT: MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 11:39 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk MINUTES OF THE CITY COUNCIL Moorpark, California March 6, 2002 A Regular Meeting of the City Council of the City of Moorpark was held on March 6, 2002, 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 6:35 p.m. 2. INVOCATION: Reverend Errol Hale, from Shiloh Community Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Councilmember Wozniak led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Wozniak, and Mayor Hunter Staff Present: Steven Kueny, City Manager, Hugh Riley, Assistant City Manager; Joseph Montes, City Attorney; Mary Lindley, Director of Community Services; Walter Brown, City Engineer; Captain Robert LeMay, Sheriff's Department; Dana Shigley, Director of Administrative Services; Nancy Burns, Senior Management Analyst; Paul Porter, Principal Planner; Laura Stringer, Senior Management Analyst; Deborah Traffenstedt, Assistant to City Manager /City Clerk; La -Dell VanDeren, Deputy City Clerk S. PROCLAMATIONS AND COMMENDATIONS: B. Introduction of New Employee, Tracy Martin, Secretary I, in the Assistant City Manager's Department. Mayor Hunter provided a summary of Ms. Martin's experience and welcomed her as a new employee to the City of Moorpark. Minutes of the City Council Moorpark, California Page 2 March 6, 2002 A. Recognition of the Retirement of Sergeant Terry Hughes, Ventura County Sheriff's Department. Mayor Hunter deferred meeting since Sergeant arrival at the meeting. 6. PUBLIC COMMENT: this item until later in the Hughes was delayed in his A. Robert Coughlon, 11955 Silvercrest Street, spoke as President of the American Cancer Society Moorpark and Simi Valley Chapter. He requested the Council put on their agenda a proclamation to declare the month of March as Colon Cancer Awareness Month. Mayor Hunter requested staff to prepare a proclamation and place it on the March 20th City Council agenda. B. Gerald Goldstein, 11932 Los Angeles Avenue, addressed the Council relative to law enforcement and traffic issues in the City. AT THIS POINT in the meeting, Mayor Hunter noted that Sergeant Hughes was present to receive his recognition. Mayor Hunter provided a summary of Sergeant Hughes' accomplishments and presented him with a City of Moorpark proclamation and a plaque. AT THIS POINT in the meeting, the City Council recessed to convene to a Joint Session with the Moorpark Redevelopment Agency to consider simultaneously Redevelopment Agency agenda Item 4.A. and City Council agenda Item 9.D. The time was 7:05 p.m. The City Council meeting reconvened at 7 :30 p.m. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mayor Hunter requested that due to the number of public hearings on the agenda that Item 12.A., the second reading of the ordinance be reordered immediately prior to the public hearings. CONSENSUS: By consensus, the Council determined to reorder Item 12.A. to be considered immediately prior to the consideration of the public hearings. �..F ^r�c, rr•, �q `a Minutes of the City Council Moorpark, California Page 3 March 6, 2002 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Millhouse reinforced what Mr. Coughlon had stated earlier in the meeting and emphasized the need for colon cancer testing for those persons over 50 years of age. He also stated that members of Rotary International are present in the audience and that their organization recently distributed sizable sums of money to various civic organizations. Councilmember Millhouse requested that the consideration of the City's purchase of traffic signs that contain radar equipment be placed on the City Council agenda for March 20, 2002. Councilmember Harper requested that a review of the City's tree protection ordinance be placed on a future agenda. 12. ORDINANCES: A. Consider Ordinance No. 278 Regulating Wireless Communications Facilities Within the City of Moorpark by Adding Chapter 17.42 and Amending Chapters 17.08 and 17.20 of Title 17, Zoning, of the Moorpark Municipal Code, and Repealing Ordinance No. 275 upon the Effective Date of This Ordinance. Staff Recommendation: Declare Ordinance No. 278 read for the second time and adopted as read. Mr. Montes read the title of Ordinance No. 278. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to waive further reading of ordinance No. 278. The motion carried by unanimous voice vote. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to declare Ordinance No. 278 read for a second time and adopted as read. The motion carried by unanimous voice vote. 9. PUBLIC HEARINGS: A. Consider an Ordinance to Rescind Existing Chapter 15.24 and Replace with New Chapter 15.24, Regarding Flood Damage Prevention. (Continued open public hearing from City Council Meeting of February 6, 2002.) Staff Recommendation: Introduce Ordinance No. for first reading. Minutes of the City Council Moorpark, California Page 4 March 6, 2002 Walter Brown gave the staff report. There being no public speakers, Mayor Hunter closed the public hearing. Mr. Montes read the ordinance title. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to waive further reading. The motion carried by unanimous voice vote. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to declare the ordinance introduced for first reading. The motion carried by unanimous voice vote. B. Consider Proposals for Community Development Block Grant (CDBG) Funds ($197,623) for FY 2002/2003. (Continued closed public hearing from City Council Meeting of February 6, 2002.) Staff Recommendation: 1) Discuss funding allocations for FY 2002/2003; 2) Authorize the following allocations from FY 2002/2003 CDBG funds: (A) $143,400 for a Mini -Park in the Downtown Residential Area; (B) $29,643 for Public Service projects with the following allocations: (i.) Catholic Charities $7,643; (ii.) Senior Center Operations $12,000; (iii.) Senior Nutrition $10,000; (C) $24,580 for Administration costs with the following allocations: (i.) City Staff $22,580; (ii.) Fair Housing $2,000. Nancy Burns gave the staff report. Councilmember Mikos questioned if, due to the potential budget shortfall from the State, the Council can consider different direction for the funds at a later point in time. Councilmember Mikos explained that one voiced Council concern was to fund the Senior Olympics. In response to Councilmember Mikos, Mr. Kueny explained that the intent of the Budget and Finance Committee was that the City would fund the Senior Olympics out of the General Fund during the budget process. Mr. Kueny explained that changes can be made to the allocations of the CDBG funds, but that another public hearing would have to be conducted before reallocating the funds. Minutes of the City Council Moorpark, California Paqe 5 March 6, 2002 Councilmember Millhouse asked if the Senior Olympics are funded through the budget process what is the expected timeframe for that to take place. Ms. Lindley stated that it would depend upon what activities would be funded and what the Council direction would be. Mr. Kueny explained that groups applying for the funding were aware that the CDBG funds do not become available until after the new fiscal year begins on July 1, 2002. Councilmember Harper suggested that the City consider setting aside an equivalent amount of approximately $20,580 during the budget deliberations to fund some additional public service proposals in addition to those selected for CDBG funding. He explained the possibility of taking a like amount for what is being used for City staff and establish a separate fund out of the General Fund that would be used to augment the Block Grant funds in the areas of the services that have requested funds. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to authorize the following allocations from FY 2002/2003 Community Development Block Grant funds: (A) $143,400 for a Mini -Park in the Downtown Residential Area; (B) $29,643 for Public Service projects with the following allocations: (i.) Catholic Charities $7,643; (ii.) Senior Center Operations $12,000; (iii.) Senior Nutrition $10,000; (C) $24,580 for Administration costs with the following allocations: (i.) City Staff $22,580; (ii.) Fair Housing $2,000. The motion carried by unanimous roll call vote. C. Consider Commercial Planned Development Permit No. 2001 -01 for Construction of a 357,621 Square Foot Commercial Center, and Vesting Tentative Tract Map Ho. 5321 for Subdivision of Approximately Twenty Nine (29) Acres into Eight (8) Lots Located South of New Los Angeles Avenue, East of Miller Parkway, and West of the SR -23 Freeway on the Application of Zelman Retail Partners, Inc. (Continued open public hearing from February 27, 2002.) Staff Recommendation: 1) Open the public hearing, accept public testimony, discuss issues identified in staff report, and close the Minutes of the City Council Moorpark, California Paqe 6 March 6, 2002 public hearing; 2) Consider that the Environmental Impact Report for the Amended Carlsberg Specific Plan adequately addressed the impacts of the proposed commercial project; and 3) Adopt Resolution No. 2002 - conditionally approving Commercial Planned Development No. 2001 -01 and Vesting Tentative Map No. 5321, and directing the Planning Commission to initiate study of modifications to Chapter 17.30 of the Zoning Ordinance and /or Ordinance No. 195 related to revisions to lighting standards. Paul Porter gave the staff report. Mayor Hunter asked if undergrounding of the utilities on the north side of Los Angeles Avenue has been added as a condition for this project. Mr. Kueny responded that the issue was discussed during the Master Tract Map for the Carlsberg Specific Plan and the Council declined not to require it at that time. He stated that the previous determination does not preclude conditioning this applicant to provide undergrounding of the utilities. Mayor Hunter stated that the public hearing remains open. Robert Exel, 515 S. Figueroa Suite 1230, Los Angeles, addressed the Council as the Applicant representing Zelman Retail Partners. Mr. Exel presented a modified plan for the retail center. He stated that the current proposed /interested tenants include Kohl's, Target, TJ Maxx, Michael's, Linen's & Things, Quiznos, Baja Fresh, Cupid's Ice Cream, Starbucks, Pan Express, Coffee Bean and Tea, Cingular Wireless, Famous Footwear, Bath & Bodyworks, and Dress Barn. He also stated that the anticipated benefits to the community will be the creation of approximately 600 new jobs and the generation in excess of $600,000 in sales tax revenue the first year. Mr. Exel stated that timing is a critical element for their anchor stores. Chris Moore, representing Kohl's Department Stores, N56 W17000 Ridgewood Drive, Menomonee Falls, WI, addressed the Council. He provided a brief description Minutes of the City Council Moorpark, California Page 7 March 6, 2002 of their stores' merchandise and quality of facilities. Brian Wolfe, representing P &R Architects, 111 W. Ocean Boulevard, 21st Floor, Long Beach, CA, as architect for the applicant addressed the Council. Mr. Wolfe presented the proposed architectural plan for the retail center. Chuck Foley, representing Hirsch & Associates, 320 Loma Avenue, Long Beach, CA, addressed the Council as landscape architect for the applicant. Mr. Foley presented the proposed landscape plan for the retail center. Councilmember Millhouse questioned the term "gathering destination" for families in the area relative to this shopping area. In response to Councilmember Millhouse, Mr. Exel stated that the food court and the music will be the enticement for a gathering destination. He stated that there is a proposed fountain, and an outdoor gathering area that will include music. Also, Mr. Exel explained that there is an area at the end of area D -1 to be set aside for community events. Councilmember Wozniak stated his concern that fast food drive - through restaurants in the project are not acceptable. He stated that they cheapen the integrity of the project. Councilmember Wozniak expressed his desire to have a dramatic treatment to the gateway at Miller Parkway and New Los Angeles Avenue that makes a strong statement about the retail center. Additionally, he stated that he wants to see more and larger trees incorporated along the perimeter and closer to the buildings. Councilmember Harper agreed with Councilmember Wozniak about the entryway treatment and stated that it needs to be significant and more inviting. He stated that he wants an enhancement of the pedestrian walkways from the commercial /industrial projects and to the other parts of the City and the Center. He explained that he envisions employees from the surrounding areas walking to have lunch in the retail center. i. n Minutes of the City Council Moorpark, California Page 8 March 6, 2002 Councilmember Harper suggested that the majority of the trees planned for the landscaping should be evergreen instead of primarily deciduous trees to provide a consistent canopy and a more pleasing effect in the asphalt parking areas year round. He also stated that the proposed structure to house the Target store is not pleasing and yet the Target chain has stated that the cost for the project is already over budget. Councilmember Harper stated that this concern will have to be addressed. In response to Councilmember Harper, Mr. Exel replied that a meeting would be arranged with the City and Target's architect to work the issue out. Councilmember Harper stated that he wants to see more established restaurants incorporated into the development rather than fast food restaurants. He also suggested that some of the asphalt should be replaced with stamped concrete to make the food court area more attractive. Mr. Exel responded that the fast food restaurants are not easily visible from the street and that the proposed non -fast food restaurants are proposed to be located at the entrance to the Center. Councilmember Mikos expressed her concern that the bookstore chain Borders is electing to establish a store in Simi Valley and not as a tenant in the retail center in Moorpark. She stated that she is disappointed due to the fact that Moorpark is a college town and that a bookstore would be a good draw to the center. Councilmember Mikos asked Mr. Exel if this information has been communicated to the management of Borders. In response to Councilmember Mikos, Mr. Exel stated that Borders had very little interest in becoming a tenant of the Center. Councilmember Mikos suggested that since there is a pedestrian walkway connection to the business park and open space trail system, an interpretive type treatment to that area that includes a history of the area or an explanation of the flora and fauna would be a creative way to enhance it and make it a destination for the community. She also expressed concern about Minutes of the City Council Moorpark, California Page 9 March 6, 2002 the brightness of the lighting and how it might impact the night environment. Mr. Exel stated that the project will stay within the limitations set forth in the Municipal Code for lighting. Mayor Hunter stated that the proposed development appears to be based upon what the applicant can achieve as far as willing tenants and not necessarily on what the community needs or desires. He stated that he agrees with the lack of an entry statement and that needs to be modified. He also noted that the architecture is too linear with little interest or height variation across the top of the building lines. Mayor Hunter asked what changes have been made to the design that are different from what was originally proposed. Brian Wolfe stated that the following changes have been made: 1) the width of the pedestrian walkways has been changed from the original 15 feet to 24 feet average; 2) the pedestrian arcades on the north side of the project and the west side of Kohl's and Target have been extended to be 12 and 14 feet in depth with trellised landscaping; 3) the stone veneer columns are on every building; 4) decorative sconces and enhanced trim treatments have been added throughout the project; 5) the Target structure has a more articulated garden center and colonnades; 6) the TJ Maxx building has more variation in the design plan and has a forty -foot setback between Buildings B and C -1; and 7) the food court has tendrils that extend out into the center to a transit bus stop center that will be treated with a tile background, trellised landscape separation, and botanical garden. Mayor Hunter questioned why this project does not meet the design standards similar to those of The Commons in Calabasas and The Promenade in Westlake, which offer more interest and are less linear in architectural design and layout. Mr. Wolfe explained the details that are being offered in the design plan to allow for variation in depth and height of the project. Minutes of the City Council Moorpark, California Page 10 March 6, 2002 Mayor Hunter stated his concern about the number and size of the signs that are proposed for the development. Ruth Fritkin, a Moorpark resident, addressed the Council. She expressed concern that the retail center be of such quality that it will not become a retail failure. Scott Green, 33 E. High Street, expressed concern that the City not overburden the developer to the extent that they will decide not to pursue the project. Charles Devlin, 5148 Commerce Avenue, spoke in favor of the proposed retail center. Bryce Eddy, a Moorpark resident, expressed concern about the caliber of the anchor stores that have been attracted to the center. Mr. Eddy stated that a higher quality of tenant should be pursued for the center. Mary Roberts, a Moorpark resident, spoke in support of the proposed retail center. Linda Plaks, a Moorpark resident, spoke in support of the project and encouraged the City to work with the developer to make it successful. She also stated that the center needs a restaurant that is unique to the area that would entice visitors to the center. Pat Gilhooly, 4525 Wilshire Blvd, Suite 202, spoke representing The Clover Company, a retail real estate company that specializes in site selection and market strategies for local and national retailers. Mr. Gilhooly stated that he is representing Kohl's Department Stores and T. J. Maxx. He requested the City's support for the project. Mark DiCecco, a Moorpark resident and Planning Commissioner, spoke in favor of the retail center. Bill Bauman, spoke representing Colliers Seeley Company, 444 S. Flower Street, #2200, Los Angeles, the marketing agent for the project property. He explained the factors that are used to determine what type of retailers will locate in a community. He stated that the retailers that are being proposed for this center Minutes of the City Council Moorpark, California Page 11 March 6, 2002 are appropriate for the City's profile and citizens. He encouraged the City to support the retail center. In response to Councilmember Millhouse, Mr. Bauman stated that Barnes & Noble were not interested in being a tenant in this center because they already have a store in Thousand Oaks. He continued by stating that Borders Bookstore also declined tenancy in this proposed center due to a lack of population density in the geographic area. Pat Gilhooly stated that Borders decided to locate in Simi Valley due to the greater population density and the access that it would allow to the Porter Ranch area as well. Councilmember Millhouse commented that the freeway access to this proposed retail center would allow for easier access to a bookstore than a location on a surface street such as Tapo Canyon located in the center of Simi Valley. Steve Sill, a Moorpark resident, spoke in favor of the project and encouraged the City to support it. Scott Mosher, 200 Casey Road (Moorpark Boys and Girls Club), spoke in favor of the project and stated that it would be a major asset to the community. Dina Nelli, a Moorpark resident, expressed concern about the caliber of the tenants that are being attracted to the center. She stated that she wants a high - quality center. Jim Stueck, a Moorpark resident, spoke in favor of the project and stated that the employment opportunities are needed within the City. Mayor Hunter noted that late speaker cards were submitted to the City Clerk. CONSENSUS: By consensus, the Council determined to waive their rules of procedure and accept the late speaker cards. Gerald Goldstein, 11932 Los Angeles Avenue, spoke relative to the quality of construction of the proposed center. �..• v �... v :,ref Minutes of the City Council Moorpark, California Page 12 March 6, 2002 Kipp Landis, a Moorpark resident and Planning Commissioner, stated that the center's architectural design should contain Western elements. He also stated that the design has too many linear elements and the freeway signage is undesirable. Mr. Landis suggested that this center should be an attraction for visitors from other cities. Bernardo Perez, a Moorpark resident, provided a brief history of the property and various land use proposals that were considered over the years. He encouraged the City to take action and support the project. Councilmember Mikos stated that she has visited the Kohl's Department Store in another state and that Kohl's would be a desirable tenant for this retail center. She also stated that she wants a bookstore included in the tenant mix at the center. Thomas K. Stoddard, spoke representing Cypress Land Company, 10940 Wilshire Blvd, Los Angeles. He stated that they are a contiguous landowner to the proposed development. Mr. Stoddard explained that his company is currently preparing a proposed design for a master planned business park. He spoke in favor of the proposed retail center. Mayor Hunter requested the City Clerk to summarize the contents of three written speaker cards that were submitted. Ms. Traffenstedt responded that the submitters of the speaker cards are in support of the retail center. The persons submitting the written statement cards were John Newton, 165 High Street, Suite 103, Moorpark; Carla Robertson, 165 High Street, Suite 103, Moorpark; and Pam Justin, a Camarillo resident. AT THIS POINT in the meeting, the Council took a recess. The time was 10:00 p.m. The Council reconvened at 10:25 p.m. Mayor Hunter called the meeting back to order and stated that one additional speaker card had been submitted. CONSENSUS: By consensus, the Council determined to waive their rules of procedure and accept the late speaker card. CIN ✓v .»i Minutes of the City Council Moorpark, California Page 13 March 6, 2002 Lauren S. Schwartz, a Moorpark resident, expressed her concern about the high crime rate of fast food restaurants and a concern about the light pollution that may result from this proposed retail center. Ms. Schwartz also stated her concern about the quality of merchandise sold by some of the proposed tenants of the center. Mayor Hunter noted that the time has come to reorder the agenda. CONSENSUS: By consensus, the Council determined to continue Items 10.B. and 10.C. to the regular City Council meeting of March 20, 2002. Robert Exel addressed the Council in response to Council and public comment relative to the proposed retail center. He stated that the reasons for their being able to attract certain tenants and not others is based upon certain demographic data. He provided the comparative details for the cities of Thousand Oaks, Calabasas, and Moorpark based on 3- and 5 -mile radius statistics. He stated that the average population for Moorpark, Thousand Oaks and Calabasas within a 3 -mile radius is 25,000, 46,000, and 69,000, respectively. Additionally, Mr. Exel stated that the average annual income within a 3 -mile radius for each of the cities is $97,000 (Moorpark), $114,000 (Thousand Oaks), and $113,000 (Calabasas). He further stated that the average population within a 5 -mile radius of Moorpark, Thousand Oaks, and Calabasas is 81,000, 113,000, and 174,000, respectively. Mr. Exel cited the average annual income within a 5 -mile radius of Moorpark, Thousand Oaks, and Calabasas as being $96,000, $107,000, and $100,000 in that order. Mr. Exel explained that the number of college degrees in a community also determines where certain retailers will locate their establishments. He stated that due to the lower population density in Moorpark that number is lower and may be a partial reason for some of the retailers not wanting to locate here. He stated that the applicant will approach Borders and Barnes & Noble bookstores again in the next few days to provide them the opportunity to become a tenant at the center, and, if not, find out the reasons that they are electing not to locate in Moorpark. Minutes of the City Council Moorpark, California Page 14 March 6, 2002 In response to Mayor Hunter, Mr. Exel stated that the applicant would welcome any assistance from the City relative to communication with the two bookstore companies. Councilmember Mikos commented that the statistics Mr. Exel just provided to the Council are based on the 1990 census and it would be helpful to have current demographic information when speaking to the prospective tenants. Mr. Exel said they will pursue higher quality restaurants as tenants. Relative to the design standards, Mr. Exel stated that the applicant will review the corner treatment at Miller Parkway and New Los Angeles Avenue and the need for the pylon sign on Miller Parkway. He stated that the pylon sign on New Los Angeles Avenue and on the freeway are necessary since the trees within the center will grow and make the signs on the stores themselves less visible to potential customers. He explained that a tradeoff in return for more landscaping in the center and around the perimeter would be more signage along the perimeter of the center. Relative to the lighting issue, Mr. Exel assured the Council that the applicant will not present an excessive lighting situation such as exists in the Tapo Canyon retail center. He also commented that the issue of the main entrance treatment will be reviewed by the center designers to explore an enhanced and more interesting appearance based upon this evening's Council comments and upon approval by Caltrans. Mr. Exel said the applicant will review what can be done to make the pedestrian walkway from the back more attractive, but they are limited with what can be done, since it also is designed as a service road and traffic cannot be blocked. He expressed concern that time is critical for moving forward with the project. He stated that Kohl's may decline to be a tenant if their timeframe for opening the store is not met. Mr. Exel explained that if Minutes of the City Council Moorpark, California Paqe 15 March 6, 2002 Kohl's is not a tenant then Linen's, Michael's and TJ Maxx will also decline to become tenants. In response to Mayor Hunter, Mr. Exel explained that the fast food restaurants play a large role in the financing approval for the entire project. He clarified that the fast food restaurants are granted ground leases which means that they construct their own buildings and are a positive element to financiers because of their investment commitment. Additionally, Mr. Exel stated that the fast food restaurants are financially profitable and are an essential part of providing a good economic basis on which the financing is approved. He explained that initially a car wash, service station, and delicatessen were proposed for the center, because they also are considered to be financially viable. However, he stated that those uses of the pads were considered undesirable for the center, so the fast food restaurants were considered as the better alternative. Chuck Foley, the landscape architect, addressed the Council and responded to the landscape comments made this evening. He agreed that the corner of New Los Angeles Avenue and Miller Parkway needs to be revised to make it more interesting and creative. He explained that the use of some deciduous trees are being proposed for the landscaping to provide a seasonal effect rather than strictly green foliage year round. In response to Councilmember Wozniak, Mr. Foley explained that the landscape designers will be developing a specific planting plan to incorporate the larger specimen trees. Councilmember Mikos asked if the artist's renderings or the photographs are the actual representation of what the project should look like upon completion. Mr. Foley clarified that the photographs are the designers influence, but that the renderings should match closely to details in the project submittal package. Councilmember Mikos commented that City staff should review discrepancies that appear between the Minutes of the City Council Moorpark, California Page 16 March 6, 2002 photographs and the artist's rendering to identify details that may have been overlooked. Councilmember Millhouse volunteered to meet with higher quality restaurants to invite them to become tenants. He stated that it is important to solicit them now, otherwise the center may ultimately contain only fast food restaurants. Councilmember Harper commented that the applicant is meeting with the architectural representative from Target Stores in one week. He recommended that the Ad Hoc Committee be involved in that meeting and that Planning Commissioner DiCecco should attend as a City representative as well. Councilmember Harper stated that a review should be done at that meeting to determine why the cost of the Target building has risen. He also commented he wants to see a bookstore included as a tenant. He suggested that the possibility exists that instructors at Moorpark College would order textbooks through a local bookstore to allow a more reasonable price for their students. Councilmember Millhouse requested clarification on how the Council wishes to proceed with meeting with restaurants and the bookstores as potential tenants for the retail center. Mr. Kueny stated Exel to contact established with stores and Mr. Councilmembers t( meeting. that one possibility would be for Mr. him when a meeting time has been the company personnel of the various Kueny would then notify individual see who is available to attend the Mr. Exel agreed with Mr. Kueny's suggestion. MOTION: Councilmember Wozniak moved and Councilmember Millhouse seconded a motion to continue this item to the regular City Council meeting of March 20, 2002, with the public hearing to remain open. The motion carried by unanimous voice vote. 10: PRESENTATION /ACTION /DISCUSSION: Minutes of the City Council Moorpark, California Page 17 March 6, 2002 A. Consider Appointment of City Council Ad Hoc Committee with Cardservice, International. Staff Recommendation: Appoint an Ad Hoc Committee. Mr. Kueny stated a staff report was not necessary. Councilmember Millhouse and Mayor Hunter volunteered to serve on the Ad Hoc Committee. CONSENSUS: By consensus, the Council determined that Councilmember Millhouse and Mayor Hunter will serve on the Ad Hoc Committee with Cardservice International. B. Consider Deferring General Plan Amendment (GPA) Prescreening Application Processing for Two Applications filed in 2001 (GPA Prescreen 2001 -02 and 2001 -03), One Application Filed in 2000 (GPA Prescreen 2000 -02), and any other Developer- Initiated GPA Prescreening Application until the November 2002 Application Filing Period. (Continued from City Council Meeting of February 6, 2002.) Staff Recommendation: 1) Direct staff to defer processing and consideration of GPA Prescreening Applications (except for GPA Prescreen 2000 -02 Applicant: DeeWayne Jones, until the November 2002 filing period; and 2) Direct staff to process GPA Prescreen 2000 -02 (Applicant: DeeWayne Jones) when resubmitted, with the understanding that if authorized for General Plan Amendment processing, the application would be prioritized behind those GPA applications already on file. C. Consider Minor Modification No. 3 to Amended Carlsberg Specific Plan dated September 7, 1994 (SP92 -1) to Allow Pylon Signs for the Proposed Commercial Shopping Center located South of New Los Angeles Avenue and East of Miller Parkway and West of the SR -23 Freeway. Staff Recommendation: Adopt Resolution No. 2002 - approving Minor Modification No. 3 to the Amended Carlsberg Specific Plan. Mayor Hunter reported that Items 10.B. and 10.C. have been continued by previous Council action to the City Council meeting of March 20, 2002. D. Consider Approval of the Preliminary Design of the Intersection of Moorpark Road, Tierra Rejada Road and Miller Parkway. Staff Recommendation: Approve the Minutes of the City Council Moorpark, California Page 18 March 6, 2002 conceptual design shown on agenda report Exhibit 3, "Proposed Option 3." Walter Brown gave the staff report. In response to Mayor Hunter, the City Clerk confirmed there were no public speakers for this item. Mayor Hunter commented that he can support Option 3 as presented in the staff report with the exception that the use of Bots dots be eliminated. In response to Mayor Hunter, Mr. Brown stated that judiciously located painted dots or stripes could be used instead of the Bots dots. Mayor Hunter explained that his concern rests with the aesthetics of the dots and with the additional noise. Mr. Kueny clarified that the City Engineer is recommending painted dots or stripes and he wants to ensure an understanding of the Council on what the recommended alternative is. Mayor Hunter stated that he is in agreement to use painted tracking marks. Councilmember Mikos asked the cost consequences if the Bots dots are installed later. Mr. Brown stated that the cost would be approximately $1,200 - $1,500. He stated that it can be typically done with maintenance services without outsourcing it. Councilmember Millhouse recommended that when this new design is implemented it may be helpful to have a traffic officer present at commuter times to help orient drivers to the new traffic patterns. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to approve the conceptual design shown on stamped page 359 of the agenda report Exhibit 3, "Proposed Option 3." The motion carried by unanimous voice vote. E. Consider Authorizing the City Manager to Sign Amendment No. 2 to Professional Services Agreement between the City of Moorpark and Professional Design Associates for Additional Work in the Preparation of Minutes of the City Council Moorpark, California Page 19 March 6, 2002 Landscape Design Guidelines. Staff Recommendation: 1) Provide additional recommendations on the content of the guidelines as deemed appropriate; and 2) Authorize the City Manager to sign Amendment No. 2 to the Professional Services Agreement with Professional Design Associates to develop Landscape Guidelines, Appendix and Optional Standards for a not to exceed amount of $14,170. Laura Stringer gave the staff report. Councilmember Harper expressed that the list of trees recommended for streets and parking areas be reviewed to ensure that it does not include such specimens as the ornamental plum tree which are extremely undesirable for vehicle parking areas. Councilmember Mikos agreed that the list of trees needs to be reviewed to preclude the use of undesirable trees for specific landscaping uses. In response to Mayor Hunter, the City Clerk stated that there are no public speakers for this item. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to 1) provide additional recommendations on the content of the guidelines as deemed appropriate; and 2) authorize the City Manager to sign Amendment No. 2 to the Professional Services Agreement with Professional Design Associates to develop Landscape Guidelines, Appendix and Optional Standards for a not to exceed amount of $14,170. The motion carried by unanimous voice vote. 11. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Warrant Register for Fiscal Year 2001 -2002 - March 6, 2002. Manual Warrants Voided Warrants Payroll Liability 108578 - 108581 108409 108671 - 108679 $935,659.87 $ (213.84) $ 11,285.16 Minutes of the City Council Moorpark, California Page 20 March 6, 2002 Warrants Regular Warrants 108582 - 108670 $179,946.29 Staff Recommendation: Approve the warrant register. B. Consider Moorpark Little League and Moorpark Girls Softball Use Agreements. Staff Recommendation: Approve five -year use agreements with Moorpark Little League and Moorpark Girls Softball Association and authorize the City Manager to execute the agreements on behalf of the City. C. Consider Award of Contract for Metrolink Station Landscape Design. Staff Recommendation: Approve a contract with Meeks and Associates for the design and specification for landscape improvements at the Metrolink Station at a cost not to exceed $11,050 and authorize the City Manager to execute said agreement on behalf of the City. D. Consider a Resolution to Amend the City Budget to Reflect the Total Final Cost for the Remodeling of 798 Moorpark Avenue for Offices for the Public Works Department. Staff Recommendation: Approve budget amendment and adopt Resolution No. 2002 -1949, amending the City budget. E. Consider Resolution Revising the Amount of the Appropriation and Budget for Traffic Signs [Gas Tax Fund 2605, Division 8310, Object 9303] to Acquire G7 -1 Style Street /Road Name Guide Signs and Adjust Account. Staff Recommendation: Adopt Resolution No. 2002 -1950 revising the amount of the appropriations and budget for the Sign Maintenance account. F. Consider Notice of Completion for the Construction of a Double Left -Turn Lane [West -to- South] and Other Improvements in the Vicinity of the Intersection of Los Angeles Avenue and Tierra Rejada Road [Albertson's]. Staff Recommendation: Accept the work as completed and authorize the exoneration of the bond on file for the construction of these improvements. G. Consider Notice of Completion for the Construction of the 2001 Parkway & Median Landscaping Project [Projects 8019 & 8025]. Staff Recommendation: Accept the work as completed. Minutes of the City Council Moorpark, California Page 21 March 6, 2002 H. Consider Approval of a Resolution Adopting a Revised Benefit Program for Management Employees and Rescinding Resolution No. 2001 -1884. Staff Recommendation: Adopt Resolution No. 2002 -1951. 13. CLOSED SESSION: Mr. Kueny announced that the City Council would be going into Closed Session for discussion of Item 13.E, Item 13.F. and Item 13.G. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adjourn to Closed Session for a discussion of Item 13.E., Item 13.F., and Item 13.G. The time was 11:24 p.m. E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 511 -0- 101 -380, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and Byron - Nellie Rainey Trust Under Negotiation: Price and terms of payment F. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 511 -0- 090 -340, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and Margaret Gisler - Cullen Trust Under Negotiation: Price and terms of payment G. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Assistant City Manager, Assistant to City Manager /City Clerk, City Manager, City Attorney, City Engineer, Chief of Police, Director of Administrative Services, Director of Community Development, Director of Community Services, and Director of Public Works. Present in closed session were all Councilmembers; Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened into open session at 11:44 p.m. Mr. Kueny stated that Items 13.E., Item 13.F., and Item 13.G were discussed and that there was no action to report. Minutes of the City Council Moorpark, California Page 22 March 6, 2002 14. ADJOURNMENT: Mayor Hunter adjourned the meeting at 11:39 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk ITEM • v. CITY OFMOORPARK , Ctin WARRANT REGISTER sta-f F- rec.o► -�-,�� �,%, FOR THE 2001 -2002 FISCAL YEAR -- - °- CITY COUNCIL MEETING OF JULY 17, BM� —^ SEQUENCE AMOUNT From To MANUAL 109737 - 109743 & $ 1,707.36 WARRANTS 109852 VOIDED 107991 & 108011 & $ (2,085.03) WARRANTS 108142 & 108267 & 108976 & 109644 & --------------- - -- 109663 & 109665 & $ (377.67) 109668 & 109738 & 109739 & 109767 & 109741 - 109743 PAYROLL LIABILITY 109729 - 109736 $ 13,167.32 WARRANTS REGULAR 109748 - 109851 $ 397,797.49 WARRANTS TOTAL $ 410,587.14 06/27/02 CITY OF MOORPARK, CA PAGE 1 ACCOUNTING PERIOD: 12/01 MANUAL CHECK ACTIVITY FUND - 1000 - GENERAL FUND- UNRESTRICTED BUDGET UNIT ACCOUNT VENDOR 1099 PURCHASE ORDE TRANSACT PROGRAM CASH ACCT SALES TAX DISC DATE CHECK AMT CONTROL DESCRIPTION T/C INVOICE CHK DATE ACCOUNT CHECK NO USE TAX DISC AMT NET PAYABLE 100022100000 9223 CITY OF MOORPARK N 06/26/02 1101 0.00 06/26/02 19.47 M062602 CPR TRAINING SUPPLIE 20 5/30- 6/26/02 06/26/02 109852 0.00 0.00 19.47 100022100000 9223 CITY OF MOORPARK N 06/26/02 1101 0.00 06/26/02 2.77 M062602 CPR TRAINING ICE 20 5/30- 6/26/02 06/26/02 109852 0.00 0.00 2.77 TOTAL VENDOR CHECK AMT 22,24 TOTAL VENDOR NET PAYABLE 22.24 TOTAL EMERGENCY SERVICES CHECK AMT 22.24 TOTAL EMERGENCY SERVICES NET PAYABLE 22.24 100031100000 9236 CITY OF MOORPARK N 06/26/02 1101 0.00 06/26/02 5.00 M062602 DMV REPORT REIMBURSE 20 5/30- 6/26/02 06/26/02 109852 0.00 0.00 5.00 100031100000 9241 CITY OF MOORPARK N 06/26/02 1101 0.00 06/26/02 52.19 M062602 CITY MANAGEMENT MTG 20 5/30- 6/26/02 06/26/02 109852 0.00 0.00 52.19 100031100000 9241 CITY OF MOORPARK N 06/26/02 1101 0.00 06/26/02 30.01 M062602 CITY QTRLY MTG SUPPL 20 5/30- 6/26/02 06/26/02 109852 0.00 0.00 30.01 TOTAL VENDOR CHECK AMT 87.20 TOTAL VENDOR NET PAYABLE 87.20 TOTAL HUMAN RESOURCES CHECK AMT 87.20 TOTAL HUMAN RESOURCES NET PAYABLE 87.20 100076100000 9205 CITY OF MOORPARK N 06/26/02 1101 0.00 06/26/02 4.81 M062602 SR CTR BBQ SUPPLIES 20 5/30- 6/26/02 06/26/02 109852 0.00 0.00 4.81 100076100000 9205 CITY OF MOORPARK N 06/26/02 1101 0.00 06/26/02 9.28 M062602 SR CTR CRAFT CLASS S 20 5/30- 6/26/02 06/26/02 109852 0.00 0.00 9.28 100076100000 9231 CITY OF MOORPARK N 06/26/02 1101 0.00 06/26/02 45.77 M062602 6 /02SR CTR NEWSLETTE 20 5/30- 6/26/02 06/26/02 109852 0.00 0.00 45.77 TOTAL VENDOR CHECK AMT 59.86 TOTAL VENDOR NET PAYABLE 59.86 100076100000 9231 U.S. POSTMASTER N 06/26/02 1101 0.00 06/20/02 300.00 M062602 7/02 SR CTR NEWSLETT 20 JULY 02 06/26/02 109740 0.00 0.00 300.00 TOTAL SENIOR CENTER CHECK AMT 359.86 TOTAL SENIOR CENTER NET PAYABLE 359.86 100076107619 9205 CITY OF MOORPARK N 06/26/02 1101 0.00 06/26/02 15.38 M062602 SR CTR BIRTHDAY PHOT 20 5/30- 6/26/02 06/26/02 109852 0.00 0.00 15.38 100076107619 9205 CITY OF MOORPARK N 06/26/02 1101 0.00 06/26/02 36.42 M062602 SR CTR REGISTRATION 20 5/30- 6/26/02 06/26/02 109852 0.00 0.00 36.42 (E''A RUN DATE 06/27/02 TIME 13:08:19 PENTAMATION - FUND ACCOUNTING 9 .� 06/27/02 CITY OF MOORPARK, CA PAGE 2 ACCOUNTING PERIOD: 12/01 MANUAL CHECK ACTIVITY FUND - 1000 - GENERAL FUND- UNRESTRICTED BUDGET UNIT ACCOUNT VENDOR 1099 PURCHASE ORDE TRANSACT PROGRAM CASH ACCT SALES TAX DISC DATE CHECK AMT CONTROL DESCRIPTION T/C INVOICE CHK DATE ACCOUNT CHECK NO USE TAX DISC AMT NET PAYABLE 100076107619 9205 CITY OF MOORPARK N 06/26/02 1101 0.00 06/26/02 36.44 M062602 SR CTR CROSS CNTRY P 20 5/30- 6/26/02 06/26/02 109852 0.00 0.00 36.44 TOTAL VENDOR CHECK AMT 88.24 TOTAL VENDOR NET PAYABLE 88.24 TOTAL SENIOR CENTER TRUST EXP CHECK AMT 88.24 TOTAL SENIOR CENTER TRUST EXP NET PAYABLE 88.24 100076307608 9244 CITY OF MOORPARK N 06/26/02 1101 0.00 06/26/02 14.82 M062602 AVRC CAMP CRAFT SUPP 20 5/30- 6/26/02 06/26/02 109852 0.00 0.00 14.82 TOTAL CAMP MOORPARK CHECK AMT 14.82 TOTAL CAMP MOORPARK NET PAYABLE 14.82 TOTAL GENERAL FUND - UNRESTRICTED CHECK AMT 572.36 TOTAL GENERAL FUND- UNRESTRICTED NET PAYABLE 572.36 � RUN DATE 06/27/02 TIME 13:08:19 PENTAMATION - FUND ACCOUNTING b' J 06/27/02 DISC DATE CHECK AMT CITY OF MOORPARK, CA DISC AMT ACCOUNTING PERIOD: 12/01 0.00 06/26/02 MANUAL CHECK ACTIVITY 0.00 FUND - 2605 - GAS TAX 20.00 0.00 06/26/02 15.00 0.00 BUDGET UNIT ACCOUNT VENDOR 1099 PURCHASE ORDE TRANSACT PROGRAM CASH ACCT CONTROL DESCRIPTION T/C INVOICE CHK DATE ACCOUNT CHECK NO 260583100000 9223 CITY OF MOORPARK N 06/26/02 1101 M062602 APWA LUNCH -KEN GILBE 20 5/30- 6/26/02 06/26/02 109852 260583100000 9223 CITY OF MOORPARK N 06/26/02 1101 M062602 MSA MTG -R MORGENSTER 20 5/30- 6/26/02 06/26/02 109852 TOTAL VENDOR CHECK AMT TOTAL VENDOR NET PAYABLE TOTAL STREET MAINTENANCE CHECK AMT TOTAL STREET MAINTENANCE NET PAYABLE TOTAL GAS TAX CHECK AMT TOTAL GAS TAX NET PAYABLE i� RUN DATE 06/27/02 TIME 13:08:19 4� PAGE 3 SALES TAX DISC DATE CHECK AMT USE TAX DISC AMT NET PAYABLE 0.00 06/26/02 20.00 0.00 0.00 20.00 0.00 06/26/02 15.00 0.00 0.00 15.00 PENTAMATION - FUND ACCOUNTING 35.00 35.00 35.00 35.00 35.00 35.00 06/27/02 CITY OF MOORPARK, CA ACCOUNTING PERIOD: 12/01 MANUAL CHECK ACTIVITY FUND - 2901 - MRA LOW /MOD INC HOUSE /INC BUDGET UNIT ACCOUNT VENDOR 1099 PURCHASE ORDE TRANSACT PROGRAM CASH ACCT SALES TAX CONTROL DESCRIPTION T/C INVOICE CHK DATE ACCOUNT CHECK NO USE TAX 290124202001 9285 ZARKO, ANNA N 06/26/02 1101 0.00 M062602 RES MOVING EXP FINAL 20 SPACE 11 06/26/02 109737 0.00 TOTAL MRPK MOBILE HM PARK RELOC CHECK AMT TOTAL MRPK MOBILE HM PARK RELOC NET PAYABLE TOTAL MRA LOW /MOD INC HOUSE /INC CHECK AMT TOTAL MRA LOW /MOD INC HOUSE /INC NET PAYABLE TOTAL REPORT CHECK AMT TOTAL REPORT NET PAYABLE RUN DATE 06/27/02 TIME 13:08:19 u� PAGE 4 DISC DATE CHECK AMT DISC AMT NET PAYABLE 06/21/02 1100.00 0.00 1100.00 PENTAMATION - FUND ACCOUNTING 1100.00 1100.00 1100.00 1100.00 1707.36 1707.36 06/25/02 CITY OF MOORPARK, CA ACCOUNTING PERIOD: 12/01 MANUAL CHECK ACTIVITY FUND - 1000 - GENERAL FUND- UNRESTRICTED BUDGET UNIT ACCOUNT VENDOR 1099 PURCHASE ORDE TRANSACT PROGRAM CASH ACCT SALES TAX CONTROL DESCRIPTION T/C INVOICE CHK DATE ACCOUNT CHECK NO USE TAX 100075200000 9204 DOYLE SHAW ICE N 20010024 -01 06/25/02 1101 0.00 AP121901 VECTOR DRY ICE FOR T 20 305288 12/19/01 107991 V 0.00 TOTAL VECTOR CONTROL CHECK AMT TOTAL VECTOR CONTROL NET PAYABLE TOTAL GENERAL FUND - UNRESTRICTED CHECK AMT TOTAL GENERAL FUND- UNRESTRICTED NET PAYABLE TOTAL REPORT CHECK AMT TOTAL REPORT NET PAYABLE f e RUN DATE 06/25/02 TIME 13:42:41 PAGE 1 DISC DATE CHECK AMT DISC AMT NET PAYABLE 12/06/01 -11.00 0.00 -11.00 PENTAMATION - FUND ACCOUNTING 11.00 11.00 11.00 11.00 -11.00 -11.00 06/26/02 CITY OF MOORPARK, CA ACCOUNTING PERIOD: 12/01 MANUAL CHECK ACTIVITY FUND - 1000 - GENERAL FUND- UNRESTRICTED BUDGET UNIT ACCOUNT VENDOR 1099 PURCHASE ORDE TRANSACT PROGRAM CASH ACCT SALES TAX CONTROL DESCRIPTION T/C INVOICE CHK DATE ACCOUNT CHECK NO USE TAX 100076307603 9244 JOLLY JUMPS INC N 06/26/02 1101 0.00 AP121901 1 /4BUNGEE RUN -TEEN E 20 010402 12/19/01 108011 V 0.00 TOTAL TEEN PROGRAMS CHECK AMT TOTAL TEEN PROGRAMS NET PAYABLE TOTAL GENERAL FUND - UNRESTRICTED CHECK AMT TOTAL GENERAL FUND - UNRESTRICTED NET PAYABLE TOTAL REPORT CHECK AMT TOTAL REPORT NET PAYABLE RUN DATE 06/26/02 TIME 08:31:18 PAGE 1 DISC DATE CHECK AMT DISC AMT NET PAYABLE 11/12/01 - 125.00 0.00 - 125.00 PENTAMATION - FUND ACCOUNTING - 125.00 - 125.00 - 125.00 - 125.00 - 125.00 - 125.00 06/20/02 ACCOUNTING PERIOD: 12/01 FUND - 1000 - GENERAL FUND- UNRESTRICTED BUDGET UNIT ACCOUNT VENDOR CONTROL DESCRIPTION 100076307605 9244 RILEY, CLIFF P AP010902 JBL OFFICIAL TOTAL YOUTH SPORTS CHECK AMT TOTAL YOUTH SPORTS NET PAYABLE TOTAL GENERAL FUND- UNRESTRICTED CHECK AMT TOTAL GENERAL FUND- UNRESTRICTED NET PAYABLE !c S• 'a RUN DATE 06/20/02 TIME 15:43:40 CITY OF MOORPARK, CA MANUAL CHECK ACTIVITY PAGE 1 1099 PURCHASE ORDE TRANSACT PROGRAM CASH ACCT SALES TAX DISC DATE CHECK AMT T/C INVOICE CHK DATE ACCOUNT CHECK NO USE TAX DISC AMT NET PAYABLE M 06/20/02 1101 0.00 12/18/01 —60.00 20 6GAMES 01/09/02 108142 V 0.00 0.00 —60.00 PENTAMATION — FUND ACCOUNTING —60.00 —60.00 —60.00 —60.00 06/26/02 CITY OF MOORPARK, CA ACCOUNTING PERIOD: 12/01 MANUAL CHECK ACTIVITY FUND - 2310 - AD 84 -2 ZONE 10 BUDGET UNIT ACCOUNT VENDOR 1099 PURCHASE ORDE TRANSACT PROGRAM CASH ACCT SALES TAX CONTROL DESCRIPTION T/C INVOICE CHK DATE ACCOUNT CHECK NO USE TAX 231079007901 9103 TRUGREEN CHEMLAWN N 20010134 -01 06/26/02 1101 0.00 AP011602 PEST CONTROL TREATME 20 048676 01/16/02 108267 V 0.00 TOTAL AD 84 -2 ZONE 10 CHECK AMT TOTAL AD 84 -2 ZONE 10 NET PAYABLE TOTAL AD 84 -2 ZONE 10 CHECK AMT TOTAL AD 84 -2 ZONE 10 NET PAYABLE TOTAL REPORT CHECK AMT TOTAL REPORT NET PAYABLE Pb e t =f RUN DATE 06/26/02 TIME 09:56:54 PAGE 1 DISC DATE CHECK AMT DISC AMT NET PAYABLE 11/13/01 - 510.00 0.00 - 510.00 PENTAMATION - FUND ACCOUNTING - 510.00 - 510.00 - 510.00 - 510.00 - 510.00 - 510.00 06/20/02 CITY OF MOORPARK, CA ACCOUNTING PERIOD: 12/01 MANUAL CHECK ACTIVITY FUND - 2200 - COMMUNITY DEVELOPMENT BUDGET UNIT ACCOUNT VENDOR 1099 PURCHASE ORDE TRANSACT PROGRAM CASH ACCT SALES TAX CONTROL DESCRIPTION T/C INVOICE CHK DATE ACCOUNT CHECK NO USE TAX 2200 3808 BURNS PACIFIC CONSTR N 06/20/02 1101 0.00 AP041002 REVERSE PRIOR CHARGE 20 040202 04/10/02 108976 V 0.00 TOTAL COMMUNITY DEVELOPMENT CHECK AMT TOTAL COMMUNITY DEVELOPMENT NET PAYABLE TOTAL COMMUNITY DEVELOPMENT CHECK AMT TOTAL COMMUNITY DEVELOPMENT NET PAYABLE E RUN DATE 06/20/02 TIME 15:43:40 PAGE 2 DISC DATE CHECK AMT DISC AMT NET PAYABLE 04/02/02 - 282.00 0.00 - 282.00 PENTAMATION - FUND ACCOUNTING - 282.00 - 282.00 - 282.00 - 282.00 06/20/02 DISC DATE CITY OF MOORPARK, CA DISC AMT ACCOUNTING PERIOD: 12/01 0.00 MANUAL CHECK ACTIVITY - 282.00 FUND - 6901 - CHAPARRAL SCHOOL ENCROACH 0.00 - 282.00 0.00 04/02/02 BUDGET UNIT ACCOUNT VENDOR 1099 PURCHASE ORDE TRANSACT PROGRAM CASH ACCT CONTROL DESCRIPTION T/C INVOICE CHK DATE ACCOUNT CHECK NO 6901 2790 BURNS PACIFIC CONSTR N 06/20/02 1101 AP041002 REVERSE PRIOR CHARGE 20 040202 04/10/02 108976 V 6901 2732 BURNS PACIFIC CONSTR N 06/20/02 1101 AP041002 REVERSE PRIOR CHARGE 20 040202 04/10/02 108976 V TOTAL VENDOR CHECK AMT TOTAL VENDOR NET PAYABLE TOTAL CHAPARRAL SCHOOL ENCROACH CHECK AMT TOTAL CHAPARRAL SCHOOL ENCROACH NET PAYABLE TOTAL CHAPARRAL SCHOOL ENCROACH CHECK AMT TOTAL CHAPARRAL SCHOOL ENCROACH NET PAYABLE TOTAL REPORT CHECK AMT TOTAL REPORT NET PAYABLE f �I RUN DATE 06/20/02 TIME 15:43:40 F PAGE 4 SALES TAX DISC DATE CHECK AMT USE TAX DISC AMT NET PAYABLE 0.00 04/02/02 - 282.00 0.00 0.00 - 282.00 0.00 04/02/02 282.00 0.00 0.00 282.00 0.00 0.00 0.00 0.00 PENTAMATION - FUND ACCOUNTING 0.00 0.00 - 768.00 - 768.00 06/20/02 CITY OF MOORPARK, CA ACCOUNTING PERIOD: 12/01 MANUAL CHECK ACTIVITY FUND - 2901 - MRA LOW /MOD INC HOUSE /INC BUDGET UNIT ACCOUNT VENDOR 1099 PURCHASE ORDE TRANSACT PROGRAM CASH ACCT SALES TAX CONTROL DESCRIPTION T/C INVOICE CHK DATE ACCOUNT CHECK NO USE TAX 290124202001 9102 CHICAGO TITLE COMPAN N 06/20/02 1101 0.00 AP061202 SPACE #19 CLOSING CO 20 ESC #24040972 06/12/02 109644 V 0.00 TOTAL MRPK MOBILE HM PARK RELOC CHECK AMT TOTAL MRPK MOBILE HM PARK RELOC NET PAYABLE TOTAL MRA LOW /MOD INC HOUSE /INC CHECK AMT TOTAL MRA LOW /MOD INC HOUSE /INC NET PAYABLE F( P ; 6 LAI RUN DATE 06/20/02 TIME 15:43:40 PAGE 3 DISC DATE CHECK AMT DISC AMT NET PAYABLE 04/22/02 - 426.00 0.00 - 426.00 PENTAMATION - FUND ACCOUNTING - 426.00 - 426.00 - 426.00 - 426.00 07/03/02 CITY OF MOORPARK, CA ACCOUNTING PERIOD: 12/01 MANUAL CHECK ACTIVITY FUND - 1000 - GENERAL FUND- UNRESTRICTED BUDGET UNIT ACCOUNT VENDOR 1099 PURCHASE ORDE TRANSACT PROGRAM CASH ACCT SALES TAX DISC DATE CONTROL DESCRIPTION T/C INVOICE CHK DATE ACCOUNT CHECK NO USE TAX DISC AMT 100092000000 9225 LOHMAN, DEPUTY TIM N 06/12/02 1101 0.00 04/15/02 AP061202 7/21- 24DARE CONF PER 20 7/27 EXP REP 06/12/02 109665 V 0.00 0.00 100092000000 9225 MANORY, DEPUTY JEFF N 06/12/02 1101 0.00 04/15/02 AP061202 7/21- 24DARE CONF PER 20 7/27 EXP REP 06/12/02 109668 V 0.00 0.00 100092000000 9225 LAS VEGAS HILTON N 06/12/02 1101 0.00 04/15/02 AP061202 DARE CONF- MANORY,LOH 20 7/21- 7/24/02 06/12/02 109663 V 0.00 0.00 TOTAL POLICE SERVICES CHECK AMT TOTAL POLICE SERVICES NET PAYABLE TOTAL GENERAL FUND - UNRESTRICTED CHECK AMT TOTAL GENERAL FUND- UNRESTRICTED NET PAYABLE TOTAL REPORT CHECK AMT TOTAL REPORT NET PAYABLE l 7) RUN DATE 07/03/02 TIME 08:21:03 J PAGE 1 CHECK AMT NET PAYABLE PENTAMATION - FUND ACCOUNTING - 190.00 - 190.00 - 190.00 - 190.00 - 291.03 - 291.03 - 671.03 - 671.03 - 671.03 - 671.03 - 671.03 - 671.03 PENTAMATION - FUND ACCOUNTING DATE: 06/19/02 CITY OF MOORPARK, CA TIME: 10:22:34 CHECK REGISTER FUND - 1000 - GENERAL FUND- UNRESTRICTED CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT 109729 1101 06/21/02 2335 AMERICAN HERITAGE LIFE IN 2299 109730 1101 06/21/02 1886 ICMA RETIREMENT TRUST 457 2210 109730 1101 06/21/02 1886 ICMA RETIREMENT TRUST 457 2210 TOTAL CHECK 109731 1101 06/21/02 1888 S E I U LOCAL 998 2208 109732 1101 06/21/02 1891 SANDRA KUENY 2299 109733 1101 06/21/02 1889 UNITED WAY OF VENTURA COU 2207 109734 1101 06/21/02 1890 VENTURA COUNTY DISTRICT A 2299 109735 1101 06/21/02 1887 WASHINGTON MUTUAL BANK, F 2210 109735 1101 06/21/02 1887 WASHINGTON MUTUAL BANK, F 2210 TOTAL CHECK 109736 1101 06/21/02 1887 WASHINGTON MUTUAL BANK, F 2210 TOTAL FUND TOTAL REPORT E F f i ! f ------- DESCRIPTION- - - - - -- CANCER INSURANCE F/T REG DEFER COMP F/T REG DEFER COMP UNION DUES CASE #SD020444 EMPLOYEE CONTRIBUTION ID #9600616061 F/T REG DEFER COMP F/T REG DEFER COMP P/T REG DEFER COMP PAGE NUMBER: 1 VENCHK21 ACCOUNTING PERIOD: 12/01 AMOUNT 114.32 3,646.91 1,052.28 4,699.19 335.50 2,172.50 118.00 168.46 1,486.87 3,597.29 5,084.16 475.19 13,167.32 13,167.32 PENTAMATION - FUND ACCOUNTING PAGE NUMBER: 1 DATE: 06/19/02 CITY OF MOORPARK, CA VENCHK21 TIME: 10:22:38 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 12/01 FUND FUND TITLE AMOUNT 1000 GENERAL FUND- UNRESTRICTED 13,167.32 TOTAL REPORT 13,167.32 r Fy; L1 PENTAMATION - FUND ACCOUNTING PAGE NUMBER: 1 DATE: 06/26/02 CITY OF MOORPARK, CA VENCHK21 TIME: 14:22:22 CHECK REGISTER ACCOUNTING PERIOD: 12/01 FUND - 1000 - GENERAL FUND- UNRESTRICTED CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT - - - - - -- DESCRIPTION- - - - - -- AMOUNT 109748 1101 06/26/02 2690 ACCOUNTEMPS 9102 SZABO -WEEK END 6/7 -32 720.00 109748 1101 06/26/02 2690 ACCOUNTEMPS 9102 SZABO -WEEKE END 5/31 568.13 TOTAL CHECK 1,288.13 109749 1101 06/26/02 2837 ACCU - PRINTS 9236 4 /02BLUM FINGERPRINT 10.00 109749 1101 06/26/02 2837 ACCU- PRINTS 9236 5 /02FINGERPRINT CONTR 10.00 109749 1101 06/26/02 2837 ACCU- PRINTS 9236 4 /02HOGAN FINGERPRINT 10.00 109749 1101 06/26/02 2837 ACCU- PRINTS 9236 5 /02FINGERPRINTING 50.00 TOTAL CHECK 80.00 109750 1101 06/26/02 1011 ACCURATE INDUSTRIAL SUPPL 9204 02,ACETYLENE & PAINT 37.40 109751 1101 06/26/02 1804 ALEXANDER HAMILTON INSTIT 9220 02 SPRING /SUMMER RECO 34.75 109752 1101 06/26/02 3184 AMERICAN HUMANE ASSOCIATI 9102 02/03 NEW MEMBERSHIP 25.00 109753 1101 06/26/02 2925 ANIMAL CARE EQUIPMENT & S 9208 ANIMAL CONTROL SUPPLI 552.99 109753 1101 06/26/02 2925 ANIMAL CARE EQUIPMENT & S 9208 LEASHES,BITE STICK,HO 113.65 TOTAL CHECK 666.64 109754 1101 06/26/02 1037 ARROWHEAD DRINKING WATER 9205 5/02 CH BREAKROOM SUP 45.77 109754 1101 06/26/02 1037 ARROWHEAD DRINKING WATER 9204 5/02 VECTOR WATER 13.13 TOTAL CHECK 58.90 109755 1101 06/26/02 1039 AUSTIN -FOUST ASSOCIATES, 3806 NRTH PRK ADMIN REVENU - 337.50 109755 1101 06/26/02 1039 AUSTIN -FOUST ASSOCIATES, 2752 NRTH PRK VILLAGE PLAN 2,250.00 109755 1101 06/26/02 1039 AUSTIN -FOUST ASSOCIATES, 2734 NRTH PRK ADMIN FEE 337.50 TOTAL CHECK 2,250.00 109756 1101 06/26/02 3189 BALDWIN RETIREMENT PARTY 9223 8/17 RETIREMENT EVENT 70.00 109757 1101 06/26/02 2377 BOARD OF EQUALIZATION 9303 RADAR,SOLAR PANEL TAX 961.35 109758 1101 06/26/02 1066 BOETHING TREELAND FARMS, 9252 Z12 MEDIAN REPLANTING 521.24 109759 1101 06/26/02 1076 BROUSSALIAN, DEBRA 9224 VTA TRAINING MILEAGE 81.03 109760 1101 06/26/02 2566 BRUCE LINDSEY PAINTING 9103 PAINTING POINDEXTER PARK 1,100.00 109760 1101 06/26/02 2566 BRUCE LINDSEY PAINTING 9103 PAINTING PEACH HILL PARK 1,100.00 109760 1101 06/26/02 2566 BRUCE LINDSEY PAINTING 9103 PAINTING AVCP PARK PAVILI 1,500.00 TOTAL CHECK 3,700.00 109761 1101 06/26/02 1078 BSN SPORTS 9244 AVRC CLASS SUPPLIES 57.83 109762 1101 06/26/02 1083 BURKE, WILLIAMS & SORENSE 2734 01359- 0102- 4 /02WESTER 2.10 109762 1101 06/26/02 1083 BURKE, WILLIAMS & SORENSE 3803 01359- 0102- 4 /02WESTER -2.10 109762 1101 06/26/02 1083 BURKE, WILLIAMS & SORENSE 9122 01359- 0099- 4 /02CRA 52.50 109762 1101 06/26/02 1083 BURKE, WILLIAMS & SORENSE 9122 01359- 0102- 4 /02WESTER 42.00 109762 1101 06/26/02 1083 BURKE, WILLIAMS & SORENSE 2754 01359 - 0102- 4 /02WESTER 14.00 109762 1101 06/26/02 1083 BURKE, WILLIAMS & SORENSE 9121 01359 - 0103- 4 /02COM SR 1,254.00 109762 ;11101 06/26/02 1083 BURKE, WILLIAMS & SORENSE 9121 01359- 0001- 4 /02RETAIN 199.50 109762 109762 •'1101 (..1+1101 06/26/02 06/26/02 1083 1083 BURKE, WILLIAMS & SORENSE BURKE, WILLIAMS & SORENSE 9121 2754 01359 - 0001- 4 /02RETAIN 01359 - 0134- 4 /02ADV EN 35.20 14.00 109762.)k1101 06/26/02 1083 BURKE, WILLIAMS & SORENSE 9121 01359- 0001- 4 /02RETAIN 140.00 109762 1101 06/26/02 1083 BURKE, WILLIAMS & SORENSE 9122 01536 - 0001- 4 /02CEO 2,018.20 109762 1101 06/26/02 1083 BURKE, WILLIAMS & SORENSE 9121 01359- 0103- 4 /02COM SR 190.00 PENTAMATION - FUND ACCOUNTING PAGE NUMBER: 2 DATE: 06/26/02 CITY OF MOORPARK, CA VENCHK21 TIME: 14:22:22 CHECK REGISTER ACCOUNTING PERIOD: 12/01 FUND - 1000 - GENERAL FUND- UNRESTRICTED CHECK NUMBER CASH ACCT DATE ISSUED -------------- VENDOR -------------- ACCT - - - - - -- DESCRIPTION- - - - - -- AMOUNT 109762 1101 06/26/02 1083 BURKE, WILLIAMS & SORENSE 9122 01536- 0141- 4 /02HAXTON 4,311.75 109762 1101 06/26/02 1083 BURKE, WILLIAMS & SORENSE 9123 01359 - 0145- 4 /02MISSIO 16,231.39 109762 1101 06/26/02 1083 BURKE, WILLIAMS & SORENSE 9123 01359 - 0143 -4/02A TRUC 93.48 109762 1101 06/26/02 1083 BURKE, WILLIAMS & SORENSE 9121 01359- 0001- 4 /02RETAIN 60.30 109762 1101 06/26/02 1083 BURKE, WILLIAMS & SORENSE 9122 01359 - 0103- 4 /02COMM 37.40 109762 1101 06/26/02 1083 BURKE, WILLIAMS & SORENSE 9123 01359- 0147- 4 /02MPK TA 633.38 109762 1101 06/26/02 1083 BURKE, WILLIAMS & SORENSE 2754 01359- 0151- 4 /02PARDEE 14.00 109762 1101 06/26/02 1083 BURKE, WILLIAMS & SORENSE 2734 01359- 0151- 4 /02PARDEE 2.10 109762 1101 06/26/02 1083 BURKE, WILLIAMS & SORENSE 3803 01359 - 0151- 4 /02PARDER -2.10 109762 1101 06/26/02 1083 BURKE, WILLIAMS & SORENSE 2734 01359 - 0134- 4 /02ADV EN 2.10 109762 1101 06/26/02 1083 BURKE, WILLIAMS & SORENSE 9122 01359 - 0103- 4 /02COMM 2,641.21 109762 1101 06/26/02 1083 BURKE, WILLIAMS & SORENSE 9122 01359 - 0098- 4 /02HR /PER 678.75 109762 1101 06/26/02 1083 BURKE, WILLIAMS & SORENSE 3803 01359- 0134- 4 /02ADV EN -2.10 109762 1101 06/26/02 1083 BURKE, WILLIAMS & SORENSE 9122 01359 - 0105- 4 /02PW 412.90 109762 1101 06/26/02 1083 BURKE, WILLIAMS & SORENSE 9122 01359- 0103- 4 /02COMM 112.39 109762 1101 06/26/02 1083 BURKE, WILLIAMS & SORENSE 9122 01359- 0144- 4 /02WANAWI 296.55 109762 1101 06/26/02 1083 BURKE, WILLIAMS & SORENSE 9121 01359- 0001- 4 /02RETAIN 341.70 109762 1101 06/26/02 1083 BURKE, WILLIAMS & SORENSE 9121 01359- 0103- 4 /02COM SR 14.00 TOTAL CHECK 29,838.60 109763 1101 06/26/02 3014 BURNS PACIFIC CONSTRUCTIO 2790 REVERSE PRIOR CHARGE 282.00 109763 1101 06/26/02 3014 BURNS PACIFIC CONSTRUCTIO 2732 REVERSE PRIOR CHARGE - 282.00 109763 1101 06/26/02 3014 BURNS PACIFIC CONSTRUCTIO 3808 REVERSE PRIOR CHARGE 282.00 TOTAL CHECK 282.00 109764 1101 06/26/02 1084 BURNS, NANCY 9222 REIMBURSE SCHOOL EXPE 929.57 109765 1101 06/26/02 1903 CALIFORNIA REDEVELOPMENT 9223 BURNS- MONEY,DEBT &TARE 450.00 109766 1101 06/26/02 3187 CALIFORNIA RESOURCE RECOV 9221 01 /02MEMBERSHIP DUES 173.00 109767 1120 CHARLES ABBOTT ASSOCIATES VOID: MULTI STUB CHECK 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.510- 5 /02LUCY BERMU 437.50 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 92.102- 5 /02RON WIDINE 29.25 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 9223 CHAMBER GOLF TOURNEY 101.00 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 9157 81.003- 5 /02ENCROACHME 289.80 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 9153 81.001- 5 /02CITY ENG R 347.63 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 9153 81.001- 5 /02CITY ENG R 347.62 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 9153 81.001- 5 /02CITY ENG R 2,085.75 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 9154 81.002- 5 /02TRAFFIC EN 439.00 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 86.373- 4 /02MORRISON 35.03 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 88.291- 5 /02DONALD HAR 1,012.45 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 88.332- 5 /02CC &R,INC 340.02 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.335- 5 /02ZELMAN DEV 10,962.24 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 88.333- 5 /02TRI CITY 265.50 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 88.334- 5 /02TRI CITY M 51.10 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 88.373- 5 /02THREE D EN 19.50 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 89.027- 5 /02RICE DEVEL 19.50 109768 q 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 88.035- 5 /02KAUFMAN 131.50 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 90.163- 5 /02TOLL 1B 371.70 109768 f 'D 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 92.081- 5 /02HORST WELB 73.50 109768 ( ?. 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 84.246- 5 /02CNTRY CLUB 15,910.56 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 92.090- 5 /02LARRY CAVE 19.60 109768 ' 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.061 -5/02 10709 PIM 15.05 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.203- 5 /02DALY & ASC 53.00 PENTAMATION - FUND ACCOUNTING PAGE NUMBER: 3 DATE: 06/26/02 CITY OF MOORPARK, CA VENCHK21 TIME: 14:22:22 CHECK REGISTER ACCOUNTING PERIOD: 12/01 FUND - 1000 - GENERAL FUND- UNRESTRICTED CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT - - - - - -- DESCRIPTION- - - - - -- AMOUNT 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.383- 5 /02ADELPHIA 1,969.50 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.402- 5 /02CARD SRVC 414.25 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.470- 5 /02MTN MEADOW 875.00 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 88.237- 5 /02CABRILLO 751.80 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 92.020- 5 /02ASPEN HILL 51.10 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 92.080- 5 /02HORST WELB 192.50 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 87.424- 5 /02ARCHSTONE 2,205.10 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 87.427- 5 /02ARCHSTONE 19.50 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 87.428- 5 /02ARCHST0NE 29.25 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 87.309- 5 /02WM LYON HO 1,680.00 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 89.055- 5 /02PEACH HILL 307.75 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 87.315- 5 /02LENNAR HOM 4,322.50 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 87.322- 5 /02LENNAR HOM 504.00 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 87.328- 5 /02LENNAR HOM 87.75 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 92.170- 5 /02DON HOLMES 102.20 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 89.284- 5/02 -5950 COND 19.50 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 92.160- 5 /02WILLIAM LY 616.75 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 92.172- 5 /02D0N HOLMES 19.50 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 92.100- 5 /02RON WIDINE 15.05 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 9601 91.520- 5 /02MILLER PKY 340.50 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 9143 5 /02PLAN CHECK RESIDE 8,853.49 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 9144 5 /02PLAN CHECK NON -RE 11,050.79 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 9601 91.530- 5/02SR23 BYPAS 9,270.25 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 9103 92.013- 5 /02RBF MILLER 19.50 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2106 5 /02TOTAL AMOUNT DUE 47,776.25 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 9146 5 /02RESIDENTIAL PERMI 33,947.89 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2106 5 /02TOTAL BILLABLE FE - 55,499.17 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 9147 5 /02N0N- RESIDENT PERM 1,647.00 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 90.020- 5 /02CYPRESS LA 29.25 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 90.150- 5 /02SELF STORA 280.00 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 90.241 -5/02 MOOREHEAD 473.25 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.500- 5 /02SHARMA IPD 101.50 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 84.243- 5 /02CNTRY CLUB 13,450.50 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 84.247- 5 /02CNTRY CLUB 655.56 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 85.063- 5 /02WEST AMERI 331.34 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 86.345- 5 /02PAC COMMUN 19.50 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 86.370- 5 /02M0RRISON 197.25 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 86.372- 5 /02M0RRISON 19.50 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 88.171- 5 /02COPTIC CHU 197.25 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 86.375- 5 /02MORRIS0N 4,284.00 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 87.308- 5 /02WM LYON HO 686.00 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 86.377- 5 /02MORRIS0N 22,927.27 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 87.307- 5 /02LENNAR HOM 156.00 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 86.378- 5 /02MORRISON 869.40 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 87.306- 5 /02LENNAR HOM 2,327.50 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 9103 92.015- 5 /02PROP ID 38.00 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 9103 92.012- 5 /02RJR ENGINE 27.00 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 9103 91.109- 5 /02CCI TELECO 48.75 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 9601 92.040 -5/02 02 SLURRY 1,298.00 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 9601 92.030 -5/02 02 OVERLA 835.25 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 86.373- 5 /02MORRIS0N 593.50 109768 ( 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.381- 5 /02ADELPHIA 4,542.00 109768 j 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.334- 5 /02ZELMAN DEV 340.02 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.338- 5 /02ZELMAN DEV 1,264.00 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 92.150- 5 /02INFRANEXT 234.25 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 9601 91.530- 5 /02SR23BYPASS 82.50 PENTAMATION - FUND ACCOUNTING PAGE NUMBER: 4 DATE: 06/26/02 CITY OF MOORPARK, CA VENCHK21 TIME: 14:22:22 CHECK REGISTER ACCOUNTING PERIOD: 12/01 FUND - 1000 - GENERAL FUND- UNRESTRICTED CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT - - - - - -- DESCRIPTION- - - - - -- AMOUNT 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.307- 5 /02USA PROPER 19.50 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 9601 92.140- 5 /02RAMPS AT T 168.00 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.336- 5 /02ZELMAN DEV 86.97 109768 1101 06/26/02 1120 CHARLES ABBOTT ASSOCIATES 9601 83.420- 5 /02LA AVE EAS 40.00 TOTAL CHECK 161,570.11 109769 1101 06/26/02 1121 CHEMSEARCH 9204 PARKS CLEANING SUPPLI 175.37 109770 1101 06/26/02 3186 CITY OF CAMARILLO 9102 2 /02HHW EVENT 360.00 109771 1101 06/26/02 1137 COASTAL PIPCO 9620 AVRC RR HEATER LINE 144.85 109771 1101 06/26/02 1137 COASTAL PIPCO 9620 AVCP RR SUPPLIES 138.92 TOTAL CHECK 283.77 109772 1101 06/26/02 1142 COMMUNITY CHRISTIAN CHURC 9212 7/02 -12/02 CHP LEASE 11,119.71 109773 1101 06/26/02 2884 COMPAQ 9208 SLIDING SHELVES RTN - 218.78 109773 1101 06/26/02 2884 COMPAQ 9208 COMPAQ 42U SIDE PANEL- GR 245.60 TOTAL CHECK 26.82 109774 1101 06/26/02 1144 COMPUWAVE 9201 NETGEAR 24PORT 10 /100 1,734.23 109774 1101 06/26/02 1144 COMPUWAVE 9201 BELKIN 6FT MOSE /KEYBD 7.45 109774 1101 06/26/02 1144 COMPUWAVE 9201 XEROX INK CARTRIDGES 701.42 109774 1101 06/26/02 1144 COMPUWAVE 9201 MPK PD COMPUTER REPAI 67.50 109774 1101 06/26/02 1144 COMPUWAVE 9201 KINGSTON PC CARD READ 93.31 109774 1101 06/26/02 1144 COMPUWAVE 9208 VIEWSONIC 17" FLAT SC 183.40 109774 1101 06/26/02 1144 COMPUWAVE 9503 COM DEV XEROX PRINTER 1,764.26 109774 1101 06/26/02 1144 COMPUWAVE 9201 PW MS VISIO 02 STD CD 191.98 109774 1101 06/26/02 1144 COMPUWAVE 9205 OFFICE PRO UPGRADE 11,403.68 TOTAL CHECK 16,147.23 109775 1101 06/26/02 1147 CONEJO VALLEY ADULT SCHOO 9222 KIM CHUDOBA SEC #303 247.50 109776 1101 06/26/02 1996 COPIER ELITE 9202 AVRC COPIER TONER 162.38 109777 1101 06/26/02 1582 CREATIVE SOUNDS 9244 DEEJAY -LOCO LOCO LUA 395.00 109778 1101 06/26/02 1167 D & D SHIRTS UNLIMITED 9171 TEEN EXCURSION SHIRTS 308.88 109779 1101 06/26/02 2367 DAHL, TAYLOR & ASSOCIATES 9103 LIGHTING STANDARDS MT 475.00 109780 1101 06/26/02 3192 DAHME 9252 PW BLDG DAMPERS 287.00 109781 1101 06/26/02 1172 DATA BYTE CENTRAL INC 9202 ADMIN OFFICE SUPPLIES 16.69 109781 1101 06/26/02 1172 DATA BYTE CENTRAL INC 9202 HOUSING -MRA OFFICE SU 2.08 109781 1101 06/26/02 1172 DATA BYTE CENTRAL INC 9202 SR CTR OFFICE SUPPLIE 112.94 109781 1101 06/26/02 1172 DATA BYTE CENTRAL INC 9202 SR CTR OFFICE SUPPLIE 566.33 109781 1101 06/26/02 1172 DATA BYTE CENTRAL INC 9202 C MGR OFFICE SUPPLIES 27.38 109781 1101 06/26/02 1172 DATA BYTE CENTRAL INC 9202 HOUSING -MRA OFFICE SU 16.27 109781, 1101 06/26/02 1172 DATA BYTE CENTRAL INC 9202 C CLERK OFFICE SUPPLI 16.57 109781 1101 06/26/02 1172 DATA BYTE CENTRAL INC 9202 HR OFFICE SUPPLIES 40.94 109781 1101 06/26/02 1172 DATA BYTE CENTRAL INC 9202 FINANCE OFFICE SUPPLI 205.56 109781 �. 1101 06/26/02 1172 DATA BYTE CENTRAL INC 9202 FINANCE OFFICE SUPPLI 96.32 109781 1, i 1101 06/26/02 1172 DATA BYTE CENTRAL INC 9202 CITY HALL OFFICE SUPP 42.15 109781 f/ 1101 06/26/02 1172 DATA BYTE CENTRAL INC 9202 PW OFFICE SUPPLIES -19.18 109781 ` y 1101 06/26/02 1172 DATA BYTE CENTRAL INC 9202 CITY HALL OFFICE SUPP 35.93 PENTAMATION - FUND ACCOUNTING PAGE NUMBER: 5 DATE: 06/26/02 CITY OF MOORPARK, CA VENCHK21 TIME: 14:22:22 CHECK REGISTER ACCOUNTING PERIOD: 12/01 FUND - 1000 - GENERAL FUND - UNRESTRICTED CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT - - - - - -- DESCRIPTION- - - - - -- AMOUNT 109781 1101 06/26/02 1172 DATA BYTE CENTRAL INC 9202 AVRC OFFICE SUPPLIES 238.13 109781 1101 06/26/02 1172 DATA BYTE CENTRAL INC 9203 PAPER SUPPLIES 144.73 109781 1101 06/26/02 1172 DATA BYTE CENTRAL INC 9203 PAPER SUPPLIES 181.63 109781 1101 06/26/02 1172 DATA BYTE CENTRAL INC 9202 IS OFFICE SUPPLIES 17.37 109781 1101 06/26/02 1172 DATA BYTE CENTRAL INC 9202 COM DEV OFFICE SUPPLI 95.72 109781 1101 06/26/02 1172 DATA BYTE CENTRAL INC 9202 COMM DEV OFFICE SUPPL 98.35 109781 1101 06/26/02 1172 DATA BYTE CENTRAL INC 9202 COMM SRV OFFICE SUPPL 10.50 TOTAL CHECK 1,946.41 109782 1101 06/26/02 3188 DECALS BY DESIGN, INC. 9505 BUS #'S 48 & 49 DECAL 1,365.25 109783 1101 06/26/02 1177 DEMCO INC 9245 DOUBLE TOWER HIGH - CAPACIT 729.25 109783 1101 06/26/02 1177 DEMCO INC 9245 FREIGHT - REVOLVING MED 264.16 TOTAL CHECK 993.41 109784 1101 06/26/02 1179 DIAL SECURITY 9104 12 /01SHADYRIDGE BUFFE 130.00 109784 1101 06/26/02 1179 DIAL SECURITY 9104 6 /02AVCP PATROL 180.00 109784 1101 06/26/02 1179 DIAL SECURITY 9104 6 /02SHADYRIDGE PATROL 180.00 TOTAL CHECK 490.00 109785 1101 06/26/02 2320 DIGITAL TELECOMMUNICATION 9102 6 /02SRV CONTRACT 284.00 109786 1101 06/26/02 3040 DNA ELECTRIC 9103 CITY HALL VOLTAGE CK 100.00 109786 1101 06/26/02 3040 DNA ELECTRIC 9620 AVCP RR PROJECT 909.54 TOTAL CHECK 1,009.54 109787 1101 06/26/02 1690 DOYLE SHAW ICE 9204 VECTOR DRY ICE 11.00 109787 1101 06/26/02 1690 DOYLE SHAW ICE 9204 VECTOR DRY ICE 11.00 TOTAL CHECK 22.00 109788 1101 06/26/02 2987 DRIVERS LICENSE GUIDE COM 9220 02 ID CHECKING GUIDE 39.58 109789 1101 06/26/02 1196 DUNN - EDWARDS CORPORATION 9252 AVCP RR PAINT & SUPPL 79.93 109790 1101 06/26/02 2119 E -Z UP DIRECT.COM 9244 SPECIAL EVENTS EZ UPS 508.02 109790 1101 06/26/02 2119 E -Z UP DIRECT.COM 9243 SPECIAL EVENTS EZ UPS 1,342.68 109790 1101 06/26/02 2119 E -Z UP DIRECT.COM 9205 SPECIAL EVENTS EZ UPS 203.14 109790 1101 06/26/02 2119 E -Z UP DIRECT.COM 9244 SPECIAL EVENTS EZ UPS 508.02 109790 1101 06/26/02 2119 E -Z UP DIRECT.COM 9205 EZ UPS FREIGHT 384.28 TOTAL CHECK 2,946.14 109791 1101 06/26/02 1212 ENGRAVING WIZARD 9205 PETERSON,WOLFE, ENGRA 46.12 109792 1101 06/26/02 3142 F.O.R. DIGITAL PRINTING C 9232 CITY BUS RIDE GUIDE 1,065.53 109793 1101 06/26/02 1219 FEDERAL EXPRESS CORP 9230 WILLIAMS -CA JPIA 7.34 109793 1101 06/26/02 1219 FEDERAL EXPRESS CORP 3806 NRTH PRK PROJ ADMIN -1.68 109793 1101 06/26/02 1219 FEDERAL EXPRESS CORP 2734 NRTH PRK PROJ ADMIN 1.68 109793 1101 06/26/02 1219 FEDERAL EXPRESS CORP 2733 TRAFFENSTEDT TO AUSTI 11.22 TOTAL CHECK 18.56 109794_ 1101 06/26/02 3019 FENNIMORE CHEMICALS 9321 VECTOR AGNIQUE LARVAL 167.15 109795( 1101 06/26/02 1222 FIFTH AVENUE CLEANERS 9020 RILEY UNIFORM CLEANIN 12.65 109795 f 1101 06/26/02 1222 FIFTH AVENUE CLEANERS 9020 RILEY UNIFORM CLEANIN 9.90 { TOTAL CHECK 22.55 PENTAMATION - FUND ACCOUNTING DATE: 06/26/02 CITY OF MOORPARK, CA TIME: 14:22:22 CHECK REGISTER FUND - 1000 - GENERAL FUND - UNRESTRICTED CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT 109796 109796 109797 109798 109798 109799 109799 109799 109800 109800 109801 109801 109802 109802 109802 109803 109804 109805 109805 109805 109806 109807 109808 109808 109808 109809 109810(!.. 109810( a 109810 ; 109811( y 109811, ' 1101 06/26/02 3025 1101 06/26/02 3025 TOTAL CHECK 1101 06/26/02 2862 1101 06/26/02 2823 1101 06/26/02 2823 TOTAL CHECK 1101 06/26/02 1259 1101 06/26/02 1259 1101 06/26/02 1259 TOTAL CHECK 1101 06/26/02 2123 1101 06/26/02 2123 TOTAL CHECK 1101 06/26/02 1275 1101 06/26/02 1275 TOTAL CHECK 1101 06/26/02 1283 1101 06/26/02 1283 1101 06/26/02 1283 TOTAL CHECK 1101 06/26/02 1286 1101 06/26/02 2993 1101 06/26/02 1305 1101 06/26/02 1305 1101 06/26/02 1305 TOTAL CHECK 1101 06/26/02 1309 1101 06/26/02 1312 1101 06/26/02 2370 1101 06/26/02 2370 1101 06/26/02 2370 TOTAL CHECK 1101 06/26/02 3170 1101 06/26/02 1315 1101 06/26/02 1315 1101 06/26/02 1315 TOTAL CHECK 1101 06/26/02 3015 1101 06/26/02 3015 - - - - - -- DESCRIPTION- - - - - -- FLAGS OVER AMERICA 9205 POINDEXTER PRK FLAGS FLAGS OVER AMERICA 9205 AVCP FLAG G.I. RUBBISH 9252 HAMNER, JEWELL & ASSOCIAT 9610 HAMNER, JEWELL & ASSOCIAT 9610 HAPPENINGS MAGAZINE 9232 HAPPENINGS MAGAZINE 9243 HAPPENINGS MAGAZINE 9244 PAGE NUMBER: 6 VENCHK21 ACCOUNTING PERIOD: 12/01 MPK MOBILEHOME PRK TR LOS ANGELES AVENUE /BELTRA NEW LOS ANGELES AVENUE BR RUN BEACH BUS ADS FOR JUN FIREWORKS EVENT AD CAMP MPK AD HIGH TECH SIGNS & BANNERS 9205 SPECIAL EVENT SIGNS HIGH TECH SIGNS & BANNERS 9243 FIREWORKS EVENT SIGNS HINDERLITER, DE LLAMAS & 9102 HINDERLITER, DE LLAMAS & 9102 HOME DEPOT -GECF 9208 HOME DEPOT -GECF 9208 HOME DEPOT -GECF 9205 HOUSE SANITARY SUPPLY 9204 INDUSTRIAL SERVICE CENTER 9102 • E CLARK II CORPORATION 9255 • E CLARK II CORPORATION 9102 • E CLARK II CORPORATION 9255 JOBS AVAILABLE, INC 9236 JOLLY JUMPS INC 9244 KANE, BALLMER & BERKMAN I 2754 KANE, BALLMER & BERKMAN I 3806 KANE, BALLMER & BERKMAN I 2734 KEISLER, JOHN R. 9103 KELLY CLEANING & SUPPLIES 9102 KELLY CLEANING & SUPPLIES 9102 KELLY CLEANING & SUPPLIES 9102 KIMLEY -HORN & ASSOCIATES, 9601 KIMLEY -HORN & ASSOCIATES, 9601 2ND QTR 02 TAX RECOVE 2ND QTR 02 CONTRACT COM CTR SAW BLADES IND SHELVES,HOOK,TRAY AVCP FENCE 4X4S AVRC CLEANING SUPPLIE CITY BUS #33 REPAIRS PARKS ALL FUELS 5 /02CITY BUSSES FUEL PW OFF RD RED DIESEL ASST CC & FINANCE MGR 1 /02BUNGEE RUN 5 /02SHEA HOMES LEGAL 5 /02SHF-A ADMIN REVENU 5 /02SHEA ADMIN CHARGE 10HRS TREE CONSULTING 6 /02PW BLDG JANITORIA 6 /02AVRC JANITORIAL 6 /02SR CTR JANITORIAL REIMBURSABLES REIMBURSABLES AMOUNT 39.00 39.00 78.00 382.82 1,985.00 250.00 2,235.00 331.00 200.00 157.00 688.00 201.91 151.55 353.46 132.52 900.00 1,032.52 14.95 253.67 85.48 354.10 259.42 31.86 39.69 1,966.44 19.72 2,025.85 546.48 125.00 576.00 -86.40 66.40 576.00 400.00 180.00 960.00 589.00 1,729.00 97.19 69.43 PENTAMATION - FUND ACCOUNTING TRAFFIC SIGNAL INTERCONNE 2,424.31 TRAFFIC SIGNAL INTERCONNE DATE: 06/26/02 PHASE 2 619.23 REIM13URSABLES (NOT TO EXC CITY OF MOORPARK, CA TIME: 14:22:22 BUS #32 ROUTE SIGN 36.77 ROBERTS ST S/W PCC CHECK REGISTER CAMP MPK FIRST AID SU FUND - 1000 - GENERAL FUND- UNRESTRICTED GENERATOR ROOF & IMPR 5,225.00 CHECK NUMBER CASH ACCT DATE ISSUED -------------- VENDOR ------ ACCT 109811 1101 06/26/02 3015 KIMLEY -HORN & ASSOCIATES, 9601 109811 1101 06/26/02 3015 KIMLEY -HORN & ASSOCIATES, 9601 109811 1101 06/26/02 3015 KIMLEY -HORN & ASSOCIATES, 9601 109811 1101 06/26/02 3015 KIMLEY -HORN & ASSOCIATES, 9601 109811 1101 06/26/02 3015 KIMLEY -HORN & ASSOCIATES, 9601 SOLAR PANEL, SOLAR POWER TOTAL CHECK 13,260.00 FACILITIES JET LINE 175.00 109812 1101 06/26/02 1318 KINKO'S 9232 109813 1101 06/26/02 2878 KWIK KART READY MIX, INC. 9310 109814 1101 06/26/02 1360 MASUNE 9244 109815 1101 06/26/02 3193 MIKE HINOJOSA CONSTRUCTIO 9621 109816 1101 06/26/02 1376 MOORPARK AUTO SPA & LUBE 9254 109816 1101 06/26/02 1376 MOORPARK AUTO SPA & LUBE 9254 109816 1101 06/26/02 1376 MOORPARK AUTO SPA & LUBE 9254 109816 1101 06/26/02 1376 MOORPARK AUTO SPA & LUBE 9254 109816 1101 06/26/02 1376 MOORPARK AUTO SPA & LUBE 9254 109816 1101 06/26/02 1376 MOORPARK AUTO SPA & LUBE 9254 TOTAL CHECK 109817 1101 06/26/02 2918 MONSTERTRAK.COM 9236 109817 1101 06/26/02 2918 MONSTERTRAK.COM 9236 TOTAL CHECK 109818 1101 06/26/02 1382 MOORPARK BUSINESS SERVICE 9232 109818 1101 06/26/02 1382 MOORPARK BUSINESS SERVICE 9232 109818 1101 06/26/02 1382 MOORPARK BUSINESS SERVICE 9103 TOTAL CHECK 109819 1101 06/26/02 1387 MOORPARK FEED & SUPPLY 9204 109820 1101 06/26/02 2530 MORELAND & ASSOCIATES, IN 9103 109821 1101 06/26/02 3092 MOUNTAIN STATES TRAFFIC D 9504 109821 1101 06/26/02 3092 MOUNTAIN STATES TRAFFIC D 9504 109821 1101 06/26/02 3092 MOUNTAIN STATES TRAFFIC D 9504 TOTAL CHECK 109822 1101 06/26/02 1396 MR ROOTER PLUMEING INC 9103 109822 1101 06/26/02 1396 MR ROOTER PLUMBING INC 9103 TOTAL CHECK 109823 1101 06/26/02 2982 NATIONAL BUSINESS FURNITU 9245 109823 1101 06/26/02 2982 NATIONAL BUSINESS FURNITU 9245 TOTAL CHECK 109824 1101 06/26/02 1417 NORTH OAKS AUTO PARTS 9254 109824 �•, 1101 06/26/02 1417 NORTH OAKS AUTO PARTS 9254 TOTAL CHECK 109825 �''a 1101 06/26/02 1429 PACIFIC SWEEP 9350 109825 C 1101 06/26/02 1429 PACIFIC SWEEP 9351 •� TOTAL CHECK PAGE NUMBER: 7 VENCHK21 ACCOUNTING PERIOD: 12/01 DESCRIPTION- - - - - -- AMOUNT AMENDMENT NO. 1 TO AGREEM 376.92 TRAFFIC SIGNAL INTERCONNE 2,424.31 TRAFFIC SIGNAL INTERCONNE 1,477.07 PHASE 2 619.23 REIM13URSABLES (NOT TO EXC 53.85 5,118.00 BUS #32 ROUTE SIGN 36.77 ROBERTS ST S/W PCC 315.32 CAMP MPK FIRST AID SU 60.30 GENERATOR ROOF & IMPR 5,225.00 5 /02PRKS CAR WASHES 7.00 5 /02PW STREETS CAR WA 31.00 5 /02AVRC CAR WASH 7.00 5 /02VECTOR CAR WASH 7.00 5 /02PW ADMIN CAR WASH 24.00 5 /02MPK PD CAR WASHES 172.00 248.00 MAINTENANCE WORKER I 50.00 SUMMER REC POSITIONS 75.00 125.00 BEACH BUS FLYER FILM 64.35 BEACH BUS FLYER DESIG 127.27 7 /02SR NEWSLETTER TYP 160.87 352.49 VECTOR LAY MASH 9.10 5 /02GRAVES- ACCT -78HRS 5,070.00 4.5" O.D. POLE WITH BREAK 1,430.00 RADAR /DISPLAY 34 1IX34 "X11" 7,990.00 SOLAR PANEL, SOLAR POWER 3,840.00 13,260.00 FACILITIES JET LINE 175.00 GRIFFIN PRK JET LINE 482.00 657.00 FREIGHT (TASK CHAIRS) 144.00 TASK CHAIRS (GRAY) 840.44 984.44 PW 2 QTS OIL 3.41 #10 LIGHT BULB REPLAC 7.50 10.91 6 /02STATE RTE SWEEPIN 284.31 6 /02STREET & TR SWEEP 6,186.02 6,470.33 8b'8Sb XIdd 'I'IIH Hod£T /S -ZT /i ETb6 OsIQH viNuogi TYJ mEaHZnOS 9EST ZO /9Z/90 TOTT ,n BE860T �+'� LT'89 SHdW7O VIIIAET /S -ZT /b ETb6 OSIQH 7INdOdI'IKO UdaH,LnOS 9EST ZO /92/90 TOTT BE860T £S'ZT I'HJ, XHINnOJET /S -ZT /b ETb6 OSIQH KINdOdI'IKO N-daHLnOS 9EST ZO /92/90 TOTT a i 8E860T Z6'9bT SMO(rVHW NSW£T /S -ZT /b ETb6 OSIQH VINHOdI'IVD NdaHInOS 9EST ZO /92/90 TOTT 8E860T bT'bb UOIOHA£T /S -ZT /b ETb6 OSIQH KIM`dOdI'IYJ KHaHInOS 9EST ZO /92/90 TOTT 8£8601 S9'OT 'IOO KINIOUTAET /S -ZT /b ETb6 OSIQH VINHOdIrD O MHHHIIIOS 9EST 20/92/90 TOTT a 8E860T 6b'Zbb'T 'I'IKH AIIOET /S -zT /b ETb6 OSIQH VIN'dOdI'I'dO MHEIHMOS 9EST ZO /92/90 TOTT ) 8£860T TS'Ob 8 HNOZET /S -ZT /b ETb6 OSIQH VIN'dOdI'IYJ NUSHIfIOS 9EST ZO /9Z /90 TOTT 8E860T 6S'LE L HNOZET /S -ZT /b ETb6 OSIaH KIN'dOHI'I'do N'dEHInOS 9EST z0 /9z /90 TOTT 8E860T £S'ZT 9 HNOZET /S -ZT /b ETb6 OSIaH KIN-dOHI'IVD NESHMOS 9EST z0 /9Z /90 TOTT 8E860T TZ'ET S HNOZET /S -ZT /b ETb6 OSIQH VINHOdIrM MESHIMS 9EST ZO /92/90 TOTT BE860T LL'ET b HNOZET /S -ZT /b ETb6 OSIQH VIN"dO3I'IKO N-daHInOS 9EST z0 /9z /90 T011 8£860T L8'6E Z HNOZET /S -ZT /b ETb6 OSIQH VINUOdI'IVD NdHHI[IOS 9EST ZO /9Z /90 TOTT 8E860T TL'9T T HNOZ£T /S -ZT /b ETb6 OSIQH KINHOdIrivD N2IHH,LfIOS 9EST ZO /9Z /90 TOTT 8E860T TO' L HdOldd 'IOOHOSET /S -ZT /b bTb6 OSIQH VIMHOdI'IVD NHEIHIflOS 9EST ZO /9Z /90 TOTT 8E860T 9b'ETT aHW '3 SAMXddET /S -ZT /b ETb6 OSIQH KINHOdI'IVD NUHHInOS 9EST z0 /9Z /90 TOTT 8E860T Sz'b9 NHWdO'IHAHQ2I2I£T /S -ZT /b ETb6 OSIQH KIN'dOdITID M`dHHInOS 9EST ZO /92/90 TOTT 8£860T Z0'9Z SIIWI''I AIIOET /S -ZT /b bTb6 OSIQH VIN'dOdI'IFIO NdaHInOS 9EST ZO /9z/90 TOTT 8£860T 9E'6E6 X-dd 'I'IIH HodET /S -ZT /b ETb6 OSIaH KINUOdI'IFIO N'dHHInOS 9EST z0 /92/90 TOTT 8E860T E9'TT'T I'I xNI'TOTIIHW£T /S -ZT /b bTb6 OSIQH VIN'dOaI'IKO NUSHMOS 9EST z0 /9z /90 TOTT 8EB60T bZ'S90'T NJIS OIgaVEIET /S -ZT /b ETb6 OSIQH VINUOdI'IVD NdaHIROS 9EST z0 /9z /90 TOTT 8£8601 £b'T9 .LNIVW IS£T /S -ZT /b ETb6 OSIQH KIN-dOdI'IVD NdaHInOS 9EST z0 /9z /90 TOT1 BE860T TT'T9T SHI'IddnS xdW dWVD bbZ6 'IVNId '9 LHVWS LIST ZO /9Z /90 TOTT LES60T ZT'6E SdIKd3U Z #xOn'dl bSZ6 C'dOd xa'I'IKA IWIS b90T ZO /92/90 TOTT 9E860T OZ'E9Z'Z CFdVfIE) XMI'IOdLHWZO /S ZOT6 HAOEV AII2inOHS TOST z0 /9z /90 TOT1 SE860T 6L'TSS'T I8: ION A'ISfIOIASddZ0 /L ETb6 HOS OZBZ ZO /9Z /90 TOTT b£860T 00'OST HINH XVCI -H 2IIO -dSZO /9 £OT6 KS3'dHI ''I'IHSSnii T6T£ ZO /9Z /90 TOTT EES60T 00'09 rivi0IdH0 'IHP bbZ6 d dHI'IO 'AH'II-d 868Z ZO /9z /90 TOTT ZE860T ST' ZS xJHHJ rIV,10I 9T' 9b SHI'IddnS 'IFIIOHds OO SOZ6 AN'ddwOO A2IHOOUD SHCITf i zzOE ZO /9Z /90 TOTT TE8601 66'S I'Iddns 'TdIO3dS ad xdw TbZ6 AN'ddWOJ X'MOUD SHdTild ZZO£ z0 /9Z /90 TOTT TE860T 88'09T SN`JIS aHSO'IO xrivmaQIS EOE6 HaVDINUVE 'd'H ELbT ZO /92/90 TOTT OE860T 9T' 9LL xOHHO 'IVJOI Eb'bZE ovd vciNaov olw 3O6T /9 ZEZ6 NOIJVDINnWHOO aMV IHN.LSOd TSbT ZO /92/90 TOTT 628601 EE'SbZ xDvd V(INzf)v JIW OOS 19 ZEZ6 NOII'dOINIImoo aNK LaNisod TSST ZO /92/90 TOTT 6Z8601 6L'ZT- HIINHAS-d X-dd HIHON 908E NOIJVDINfIWWOO aNK IHNISOd TSST z0 /9z /90 TOTT 6Z860T 6L'ZT HHd ?Rid HIHON bELZ NOIIVDINnMOJ QNK LaNisod TSbT z0 /9z /90 TOTT 6Z860T 9Z'S8 IOHrONd ?Rid HJdON TSLZ NOI,LKOINnMOO cmv LaN.LSOd I55T ZO /9z /90 TOTT 6Z860T SZ'6T HJQdB IQHISNHddiiiIl ZOZ6 NoijvDINfIWWOO QNK IHNISOd TSbT ZO /9Z /90 TOTT 6ZS60T 68'TOT Sam SSHNISnB Hd'IOM ZEZ6 NOIJ.VDINfIMOO aN'd IHNISOd TSbT ZO /9Z /90 TOTT 6Z860T 00'OOT'9 HONHd ?Rid NAO SndWdO zE96 00 ouv(i i HONaa NHS2IHa3d E6LT ZO /9Z /90 TOTT 8ZS60T ZZ'TST 2IHdd0I QHHS NIddIdS SOZ6 S'IIOS 'I'IIH HDVHd LEbT z0 /9Z /90 TOTT LZ860T 88'LS8'bT LNIVMDAS Sn8 )IdWZO /S ZOT6 ORIHW7 dO 7,N7dWOO SNIx2IKd bSEZ z0 /9z /90 TOTT 9Z860T INMOKV ------- NOIIdI2IOSHQ------- IOOv ---- ---------- 2IOaNHA-------------- aHIISSI HIKQ IJO7 HSVD -daswnN xOHHO aalJIiiISH-dNn -QNnd WHENSE) - OOOT - QNnd TO /ZT :QOI-dHd ONIINnOOOK 2IHISIss'd xOHHO ZZ:ZZ:bT :HwII TZxHONHA YJ 'XUVd-dOOW 30 IIID ZO /9z /90 :HIKa 8 daaKnN HJKd SNIINnOJOV aNnd - NOII` kIVLNHd PENTAMATION - FUND ACCOUNTING PAGE NUMBER: 9 DATE: 06/26/02 CITY OF MOORPARK, CA VENCHK21 TIME: 14:22:22 CHECK REGISTER ACCOUNTING PERIOD: 12/01 FUND - 1000 - GENERAL FUND - UNRESTRICTED CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT - - - - - -- DESCRIPTION- - - - - -- AMOUNT 109838 1101 06/26/02 1536 SOUTHERN CALIFORNIA EDISO 9413 4/12- 5 /13MPK MOBILEHO 430.52 109838 1101 06/26/02 1536 SOUTHERN CALIFORNIA EDISO 9413 4/12- 5 /13ARROYO VISTA 1,836.47 109838 1101 06/26/02 1536 SOUTHERN CALIFORNIA EDISO 9413 4 /12- 5 /13GLENWOOD PRK 13.77 109838 1101 06/26/02 1536 SOUTHERN CALIFORNIA EDISO 9413 4 /12- 5 /13TIERRA REJAD 96.53 109838 1101 06/26/02 1536 SOUTHERN CALIFORNIA EDISO 9413 4 /12- 5 /13GRIFFIN PRK 50.45 109838 1101 06/26/02 1536 SOUTHERN CALIFORNIA EDISO 9413 4/12- 5 /13ZONE 12 187.20 109838 1101 06/26/02 1536 SOUTHERN CALIFORNIA EDISO 9413 4 /12- 5 /13CAMPUS PRK 35.92 109838 1101 06/26/02 1536 SOUTHERN CALIFORNIA EDISO 9413 4/12- 5 /13ZONE 11 12.53 109838 1101 06/26/02 1536 SOUTHERN CALIFORNIA EDISO 9413 4/12- 5 /13ZONE 9 1.88 109838 1101 06/26/02 1536 SOUTHERN CALIFORNIA EDISO 9413 4/12- 5 /13ZONE 10 106.52 109838 1101 06/26/02 1536 SOUTHERN CALIFORNIA EDISO 9413 4/12- 5 /13COMM CTR 1,229.09 109838 1101 06/26/02 1536 SOUTHERN CALIFORNIA EDISO 9413 4/12- 5 /13AV COMM CTR 1,017.77 109838 1101 06/26/02 1536 SOUTHERN CALIFORNIA EDISO 9413 4/12 -5/13 798 MPK AVE 127.87 109838 1101 06/26/02 1536 SOUTHERN CALIFORNIA EDISO 9413 4 /12- 5 /13CAMPUS CYN 25.42 TOTAL CHECK 9,947.91 109839 1101 06/26/02 1552 STEVEN GORDON TONER SUPPL 9201 CITY HALL TONER SUPPL 401.12 109840 1101 06/26/02 1438 SUNGARD PENTAMATION INC 9102 5 /02DATA LINE CHARGES 74.47 109840 1101 06/26/02 1438 SUNGARD PENTAMATION INC 9102 6 /02- 4 /03MAINTENANCE 4,085.87 TOTAL CHECK 4,160.34 109841 1101 06/26/02 1555 SUNRIDGE LANDSCAPE MAINTE 9252 6/02 661 MPK AVENUE 42.00 109841 1101 06/26/02 1555 SUNRIDGE LANDSCAPE MAINTE 9252 6/02 18 HIGH ST 68.00 109841 1101 06/26/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 6 /02METROLINK STATION 299.00 109841 1101 06/26/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 6/02 798 MPK AVE 80.00 109841 1101 06/26/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 MEDIAN REPAIR ON TR 2,550.00 109841 1101 06/26/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 6 /02CIVIC /COMM CTR 525.00 109841 1101 06/26/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 6 /02POINDEXTER PRK 735.00 109841 1101 06/26/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 6 /02COMM CTR PRK 194.00 109841 1101 06/26/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 6 /02CAMPUS CYN PRK 2,520.00 109841 1101 06/26/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 6 /02AV PRK & PED BRID 5,612.00 109841 1101 06/26/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 6 /02VIRGINIA COLONY 315.00 109841 1101 06/26/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 6 /02MILLER PRK 735.00 109841 1101 06/26/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 6 /02CNTRY TRAIL PRK 1,680.00 109841 1101 06/26/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 6 /02PRKWYS & MEDIANS 5,491.00 109841 1101 06/26/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 6 /02VILLA CAMPESINA 284.00 109841 1101 06/26/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 6/0221 PECAN,BAMBI,BE 84.00 109841 1101 06/26/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 6/02Z2 SPRING,CHR BAR 2,468.00 109841 1101 06/26/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 6 /02CAMPUS PRK 803.00 109841 1101 06/26/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 6/02Z3 PEPRML,BTR CRK 137.00 109841 1101 06/26/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 6 /02GLENWOOD PRK 1,018.00 109841 1101 06/26/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 6/02Z4 WMS RCH PRKWYS 268.00 109841 1101 06/26/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 6/02Z5 PCH HILL TO TR 1,149.00 109841 1101 06/26/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 6/02Z6 GLENHAVEN W EN 49.00 109841 1101 06/26/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 6/02Z7 MPK SQ IND PK 420.00 109841 1101 06/26/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 6/02Z8 HOME ACRES BUF 315.00 109841 1101 06/26/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 6/02Z9 MPK BUS CTR PL 53.00 109841 1101 06/26/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 6/02Z10 MTN MEADOWS 7,824.00 109841 �+a .• 1101 06/26/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 6 /02PCH HILL PRK 2,520.00 109841 ( 1101 06/26/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 6 /02COLMER ALYSSAS CT 32.00 109841 �.' 1101 06/26/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 6 /02GRIFFIN PRK 1,208.00 109841 1101 06/26/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 6 /02TIERRA REJADA 2,520.00 109841 1101 06/26/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 6 /02MONTE VISTA PRK 326.00 109841 1101 06/26/02 1555 SUNRIDGE LANDSCAPE MAINTE 9331 6 /02MTN MEADOWS PRK 2,468.00 TOTAL CHECK 44,792.00 PENTAMATION - FUND ACCOUNTING 13.03 5 /02AVRC GAS 55.89 DATE: 06/26/02 176.63 314.80 CITY OF MOORPARK, CA TIME: 14:22:22 741.45 5 /02TOLL BROS REVENUE - 741.45 CHECK REGISTER 4,943.00 FUND - 1000 - GENERAL FUND- UNRESTRICTED 510.00 COMM DEV PRINT PAPER CHECK NUMBER CASH ACCT DATE ISSUED - - - -- VENDOR - - -- ACCT 109842 1101 06/26/02 1571 THE GAS COMPANY 9416 109842 1101 06/26/02 1571 THE GAS COMPANY 9416 109842 1101 06/26/02 1571 THE GAS COMPANY 9416 109842 1101 06/26/02 1571 THE GAS COMPANY 9416 TOTAL CHECK 109843 1101 06/26/02 2415 THE MARK -IT PLACE 9240 109844 1101 06/26/02 1572 THE PLANNING CORPORATION 2734 109844 1101 06/26/02 1572 THE PLANNING CORPORATION 3806 109844 1101 06/26/02 1572 THE PLANNING CORPORATION 2751 TOTAL CHECK 109845 1101 06/26/02 2877 TRUGREEN CHEMLAWN 9103 109846 1101 06/26/02 2539 UNISOURCE 9205 109847 1101 06/26/02 3194 VARSITY PARK HOA 9252 109848 1101 06/26/02 1160 VENTURA COUNTY PUBLIC WOR 9212 109849 1101 06/26/02 1636 WHITAKER HARDWARE, INC 9252 109850 1101 06/26/02 3195 ZARKO, ANNA 9285 109851 1101 06/26/02 1643 ZUMAR INDUSTRIES, INC. 9303 109851 1101 06/26/02 1643 ZUMAR INDUSTRIES, INC. 9303 109851 1101 06/26/02 1643 ZUMAR INDUSTRIES, INC. 9303 TOTAL CHECK TOTAL FUND TOTAL REPORT �i c, PAGE NUMBER: 10 VENCHK21 ACCOUNTING PERIOD: 12/01 - - - - -- DESCRIPTION AMOUNT 5 /02COM FACILITIES GA 69.25 5 /02PW BLDG GAS 13.03 5 /02AVRC GAS 55.89 5 /02MOBILEHOME PRK GA 176.63 314.80 CLASS SPIRIT,ESSAY PL 476.99 5 /02TOLL BROS CHARGE 741.45 5 /02TOLL BROS REVENUE - 741.45 5 /02TOLL BROTHERS 4,943.00 4,943.00 PEST CONTROL TREATMENT FO 510.00 COMM DEV PRINT PAPER 182.33 6479 -B PENN ST HOA FE 410.00 7 /02VECTOR WALNUT LEA 320.65 6479 PENN, PADLOCK 9.11 RENTAL ASSISTANCE PYT 12,345.00 GUNSMOKE ROAD 69.18 CITY POPULATION SIGNS 30.03 POLICE STATION SIGNS 240.97 340.18 397,797.49 397,797.49 PENTAMATION - FUND ACCOUNTING DATE: 06/26/02 CITY OF MOORPARK, CA TIME: 14:22:30 CHECK REGISTER - FUND TOTALS FUND FUND TITLE AMOUNT 0100 INTERNAL SERVICES FUND 20,722.44 1000 GENERAL FUND- UNRESTRICTED 34,276.57 2002 CITY -WIDE TRAFFIC MITIGAT 9,693.25 2100 COMMUNITY WIDE 1,495.70 2112 ZONE DEVELOPMENT FEES 2 6,100.00 2200 COMMUNITY DEVELOPMENT 58,188.30 2300 AD 84 -2 CITYWIDE 8,587.49 2301 AD 84 -2 ZONE 1 100.71 2302 AD 84 -2 ZONE 2 2,507.87 2303 AD 84 -2 ZONE 3 137.00 2304 AD 84 -2 ZONE 4 281.77 2305 AD 84 -2 ZONE 5 1,162.21 2306 AD 84 -2 ZONE 6 61.53 2307 AD 84 -2 ZONE 7 457.59 2308 AD 84 -2 ZONE 8 665.51 2309 AD 84 -2 ZONE 9 54.88 2310 AD 84 -2 ZONE 10 8,440.52 2311 AD 84 -2 ZONE 11 44.53 2312 AD 84 -2 ZONE 12 708.44 2400 PARK MAINTENANCE DISTRICT 32,282.69 2501 LOS ANGELES A.O.C. 4,871.50 2502 TIERRA REJADA A.O.C. 2,614.98 2603 LOCAL TRANSPORTATION 8A 2,301.25 2605 GAS TAX 22,927.30 2901 MRA LOW /MOD INC HOUSE /INC 15,152.00 2902 MRA AREA 1 -INCA & OTHER 27,969.90 4002 POLICE FACILITIES FUND 140.00 4003 EQUIPMENT REPLACEMENT FUN 1,764.26 5000 LOCAL TRANSIT PROGRAMS 8C 22,550.18 5001 SOLID WASTE AB939 4,428.21 6001 MESSENGER 16.10 6047 WEST AMERICA 331.34 6148 PACIFIC COMMUNITIES 19.50 6193 CARLSBERG FINAN. /LENNAR 6,806.00 6262 ARCHSTONE COMMUNITIES 2,253.85 6291 FAR WEST /KAUFMAN BROAD 793.90 6302 FELSENTHAL, JERROLD S. 19.50 6328 COPTIC CHURCH /ARCH ANG 197.25 6350 CABRILLO EDC 5161 751.80 6360 ASADURIAN JR., MANUEL 936.62 6364 RICE 19.50 6367 HARTMAN 1,012.45 6375 PEACH HILL LLC /CREATIVE W 307.75 6385 RICHMOND AM H 591.75 6392 THREE D ENTER /PINECREST S 19.50 6399 TOLL BROS /BOLLINGER RESI 36,072.77 6407 WESTERN PACIFIC HOUSING 16.10 6431 CARDSERVICE 414.25 6437 CYPRESS LAND COMPANY 29.25 6480 M &M DEVELOPMENT 473.25 6513 ZELLMAN /TARGET CENTER 12,653.23 6515 USA PROPERTIES 19.50 6518 INFRANEXT CUP 2001 -02 234.25 6534 NORTH PARK VILLAGE 2,698.45 <." 6541 SHARMA GENERAL 101.50 t� 6546 WILLIAM LYON HOMES 2,982.75 6548 PARDEE CONSTRUCTION 28,942.05 f 6901 CHAPARRAL SCHOOL ENCROACH .00 /! �J PAGE NUMBER: 1 VENCHK21 ACCOUNTING PERIOD: 12/01 PENTAMATION — FUND ACCOUNTING PAGE NUMBER: 2 DATE: 06/26/02 CITY OF MOORPARK, CA VENCHK21 TIME: 14:22:30 CHECK REGISTER — FUND TOTALS ACCOUNTING PERIOD: 12/01 FUND FUND TITLE AMOUNT 6903 CHEESMAN CONSTRUCTION 15.05 6904 DALY & ASSOC 53.00 6908 ADELPHIA 6,511.50 6910 HOWSEMAN 51.10 6912 ANTHONY CAVEN 19.60 6913 THOMAS CONSTRUCTION 875.00 6914 LUCY BERMUDEZ 437.50 6915 RON WIDINER 44.30 6916 HORST WELBAT 266.00 6917 HOLMES ENTERPRISES 121.70 TOTAL REPORT 397,797.49 Y J e 1 TO: FROM: DATE: MOORPARK CITY COUNCIL AGENDA REPORT The Honorable City Council (A ITE 116c, - �'u 2.00 2- APpw,-C& s +uf+ recorn �- ,endG-t,o► -� -t- G pjed_ Re c_-0 02- 14G0 __. John Hartnett, Recreation Superintendent o FS July 5, 2002 (CC Meeting of July 17, 2002) SUBJECT: Consider Adoption of Resolution No. 2002 -_, Amending the FY 01/02 Budget by Appropriating OAA Grant Funds for Senior Center Capital Expenditures and Lifeline Devices ['_ VIA-VT ia`;�'� The City was awarded $12,038 in Older Americans Act (OAA) grant funds from the Ventura County Area Agency on Aging for one -time capital purchases and $6,700 for Lifeline devices. The Council is being asked to adopt the attached Resolution, amending the FY 01/02 budget to formally appropriate the total in the amount of $18,738 funds. DISCUSSION ONE- TIME -ONLY GRANT: The Area Agency on Aging has awarded the City $12,038 in OAA grant funds for one -time capital purchases. The grant money will be used to purchase equipment and furnishings to upgrade the Senior Center computer lab and reception/ library area. Equipment to be purchased includes five new computers, Office Pro software, six computer work - stations, eight ergonomic chairs, an additional book /video rack, a 4- drawer file cabinet, and moveable coat rack for use during cold and inclement weather. These purchases will greatly enhance the quality of the Senior Center computer lab and staff's ability to provide technical training support to the Moorpark senior population. M: \Senior C. Grant Report #2- 2002.doc LIFELINE GRANT: The Area Agency on Aging has awarded the City $6,700 in OAA grant funds for the purchase of lifeline devices. The City's Moorpark Senior Center has participated in the Lifeline Program since July 1991, providing public information, intake, applications and devices to frail, low - income senior citizens that are homebound. The City has partnered with Simi Valley Hospital to provide volunteers, equipment and support for at- risk elders. A senior activates the lifeline device by pressing a button. When activated, the devise places a call to the Hospital's emergency room and a designated person responds to the call. By linking participating seniors to the Lifeline Program, residents achieve a greater sense of security, knowing they can immediately call for assistance if they experience an emergency while continuing to live independently at home. The grant money will be used to expand Moorpark Senior Center's Lifeline Service by purchasing ten new lifeline devices to lend out to qualified Moorpark residents. These additional devices will bring the City's total inventory to 25. The senior population continues to grow, increasing requests to participate in the Lifeline Program. Demand for devices has risen over the past year. The addition of ten new devices will have a very positive effect on Moorpark's Lifeline Program. STAFF RECOMMENDATION (Roll Call Vote) Adopt Resolution No. 2002 -_, approving an amendment to the FY 01/02 Budget by appropriating $18,738 in OAA grant funds for Senior Center capital expenditures and lifeline devices. M: \Senior C. Grant Report #2- 2002.doc 11 07N Pis ATTACHMENT A RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FY 2001/02 BUDGET BY APPROPRIATING $18,738 OLDER AMERICANS ACT GRANT FUNDS TO THE SENIOR CENTER DIVISION BUDGET (1000.7610) FOR CAPITAL PURCHASES AND LIFELINE DEVICES WHEREAS, on July 17, 2002, the City Council adopted the budget for Fiscal Year 2001/02; and WHEREAS, a staff report has been presented to said Council requesting a budget amendment appropriating $18,738 in Older Americans Act (OAA) grant funds for Senior Center capital purchases and lifeline devices; and WHEREAS, Exhibit "A" hereof describes said budget amendment and its resultant impacts to the budget line item(s); and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment appropriating $18,738 in OAA grant funds as more particularly described in Exhibit "A" attached hereto is hereby approved. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 17th day of July, 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk M: \Senior C. Grant Report #2- 2002.doc �' , ,? 1 1", Resolution No. 2002- EXHIBIT A Budget Revision A. Fund Allocation: Fund No. Fund Name Amount 1000 General Fund - OAA Grant $18,738 $18,738 $33,723 1000.7610.0000.9501 B. Budget Appropriation: BUDGET NUMBER BUDGETED REVISION NEW BUDGET 1000.3588 $14,985 $18,738 $33,723 1000.7610.0000.9501 $0 $8,112 $8,112 1000.7610.0000.9202 $1,930 $3,926 $5,856 1000.7610.0000.9208 $4,600 $6,700 $11,300 Approved to Form: M: \Senior C. Grant Report #2- 2002.doc MOORPARK CITY COUNCIL AGENDA REPORT ITEM (;ALIFeOR TfA a.i':V Co'Incil N eeiinf" aclop led Rem oz - icP I. TO: The Honorable City Council FROM: Mary K. Lindley, Director of Community Services DATE: June 26, 2002 (CC Meeting of July 17, 2002) SUBJECT: Consider FY 2002/03 Budget Amendment for Repairs to the Community Center BACKGROUND In November 2001, the Apricot Room roof collapsed and the City Council authorized repairs. All but $5,000 of the final cost of $149,076, will be covered by insurance. The City's insurance representative required that the repairs only include work directly related to the damaged roof and that the scope of work include no enhancements. As a result, the roof drains were placed in the general location as the original design called for; on the north side of the Apricot Room along the walkway, outside the City Hall Conference Room. Staff believes with moderate rains, the walkway will be unusable. In the event of a heavy down -pour, the City could experience water intrusion in the Conference Room and Apricot Room if water collects along the walkway adjacent to the respective doors for these rooms. In addition to repair work to the Apricot Room, staff recently discovered that seven lateral support beams to the Community Center Breezeway, just outside the Community Center Lobby, have significant termite and fungus damage. These beams are in an opening in the breezeway, over the outdoor planter box. They are not covered by roof tiles and are exposed to the sun and rain. Honorable City Council July 17, 2002 Page 2 The problem was discovered when were attempted. The contract work Building and Safety Department was and a building contractor was solution. DISCUSSION enhancements to the area was stopped, the City's called for consultation, consulted to identify a With respect to the Apricot Room roof drains, staff proposes installing drainpipes that will channel the water under the walkway and towards the large drain located at the back side of the City Hall Conference Room. The initial sawcutting and installation of drainpipe would be performed by a contractor. In -house staff would repair the sawcut work and make necessary repairs to the exterior building stucco finish. It is estimated that the project would cost $4,500 ($3,700 for work performed by the contractor and $800 for in -house repairs and contingency). Staff proposes amending the City's existing Agreement with Allen Bornstein Construction Inc. (the contractor who repaired the Apricot Room roof) to perform this work. With respect to the Breezeway repairs, it appears that the problem is isolated to the beams that are exposed to the weather, those beams that are not under roof tiles. Staff has received a proposal from a qualified building contractor who has identified a scope of work that includes replacing the seven impacted beams and performing necessary patchwork. Because the beams support the Breezeway roof, the impacted area needs to be supported by shoring while under repair. Additionally, in an attempt to ensure that this damage is not repeated, it is recommended that the existing design of the open roof be altered. It is proposed that the open roof be enclosed using roof tiles to match the existing roof. The estimated cost to perform the scope of work identified above is $20,000. It is staff's intent to solicit bid proposals for this project and present a recommendation on the award of an agreement to the Council at a later date. M: \MLindley \Facilities \Comm Center repairs 2002 ccagda.doc Honorable City Council July 17, 2002 Page 3 The total appropriation needed for the repairs identified above is $24,500. Staff proposes transferring funds from the General Fund Reserve Balance to the appropriate expenditure account. STAFF RECOMMNDATION (Roll Call Vote) 1) Adopt Resolution No. 2002 -_, amending the FY 2002/03 Budget by appropriating $24,500 from the General Fund Reserve Balance for repairs to the Apricot Room roof drains ($4,500) and Community Center Breezeway ($20,000), and 2) authorize the City Manager to amend the Agreement with Allen Bornstein Construction Inc. to perform the roof drain work at a cost not to exceed $3,700. M: \MLindley \Facilities \Comm Center repairs 2002 ccagda.doc V V -" - Y Honorable City Council July 17, 2002 Page 4 ATTACHMENT A RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FY 2002/03 BUDGET BY TRANSFERRING $24,500 FROM THE GENERAL FUND RESERVE BALANCE (1000.5500) TO THE FACILITIES BUDGET (1000.7620) FOR REPAIRS TO THE COMMUNITY CENTER WHEREAS, on June 5, 2002, the City Council adopted the budget for Fiscal Year 2002/03; and WHEREAS, a staff report has been presented to said Council requesting a budget amendment by transferring $24,500 from the General Fund Reserve balance for repairs to the Community Center; and WHEREAS, Exhibit "A" hereof describes said budget amendment and its resultant impacts to the budget line item(s). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment allocating $24,500 from the General Fund Reserve as more particularly described in Exhibit ` %A" attached hereto is hereby approved. SECTION 2. The City Clerk shall certify to the adoption of the resolution and shall cause a certified resolution to be filed in the book of original Resolutions. PASSED AND ADOPTED this 17th day of July, 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Attachment: Exhibit A M: \MLindley \Facilities \Comm Center repairs 2002 ccagda.doc Honorable City Council July 17, 2002 Page 5 Resolution No. 2002- EXHIBIT A Budget Revision A. Fund Allocation: Fund No. Fund Name Amount 1000.5500 General Fund - Community Services Department $24,500 $24,500 $24,500 B. Budget Appropriation: BUDGET NUMBER BUDGETED REVISION NEW BUDGET 1000.7620.7632.9621 $0 $24,500 $24,500 Approved to Form: M: \MLindley \Facilities \Comm Center repairs 2002 ccagda.doc C. ,.rN 4-N - - . -3 C r. ITEM-1 I• E• C i o F '%100RPARK, CALIFORNIA City Council Afeefiniz of s- to -f--f- 1^eC.orY,rv,er� MOORPARK CITY COUNCIL - BY. AGENDA REPORT r. TO: Honorable City Council FROM: Hugh R. Riley, Assistant City Mana DATE: July 10, 2002 (CC Meeting of 7/17/02) SUBJECT: Authorize the City Manager to Approve a Two -Year Contract With Videomax Productions, Inc. for Provision of Cable Government Channel Production, Operations, Maintenance, and Related Services. BACKGROUND Videomax Productions, Inc., has been providing the City with cable channel production, operations, maintenance, and related services since 1991. Videomax's agreement with the City expired on August 31, 2001. The contract has been extended by letter during the interim at the same rates for service. Videomax has requested a two -year agreement with approximately a 6 percent increase effective on July 1, 2002. DISCUSSION The proposal is for an approximate 6 percent increase, which would increase the monthly rate from $2,122 to $2,250 and the hourly rate for specified as needed services would also increase by roughly 6 percent (for example, $26.50 an hour services would increase to $28 an hour and $31 an hour film permit liaison services would increase to $32.50) effective July 1, 2002. There are no further increases for the remainder of the two -year contract. The increase has already been accounted for in the Fiscal Year 2002/2003 budget. There are no other changes in the provisions of the agreement. {,r ­' ''r' may., •.r Honorable City Council 7/17/2002 Page 2 STAFF RECOMMENDATION Direct the City Manager to approve a two -year agreement with Videomax Productions, Inc., with an approximate 6 percent increase effective July 1, 2002. AGREEMENT FOR CONTRACT FOR SERVICES THIS AGREEMENT made this lst day of July, 2002, between the City of Moorpark, a municipal corporation, located at 799 Moorpark Avenue, Moorpark, California, 93021 hereinafter referred to as "CITY," and Videomax Productions, a sole proprietorship video production company, owned and operated by Michael Kamm, located at 2060 Avenida De Los Arboles, Unit 267, Thousand Oaks, California 91362, hereinafter referred to us "CONTRACTOR," WITNESSETH THE PARTIES HERETO DO AGREE AS FOLLOWS: ARTICLE 1. TERM OF CONTRACT The effective date of this annual Agreement is July 1, 2002 and it shall expire on June 30, 2004, unless sooner terminated as provided for in this agreement. ARTICLE 2. SCOPE OF SERVICES CONTRACTOR agrees to perform for, and furnish to, the CITY the services described in the proposal for twenty -four (24) months, from July 1, 2002 until June 30, 2004, as attached hereto, and incorporated as Exhibit "A," in a manner satisfactory to the City Manager of CITY or his designee. CONTRACTOR will determine the method, details and means of performing the above - described services. The CITY reserves the right to seek and obtain bids from other firms for such work. ARTICLE 3. COMPENSATION CONTRACTOR shall submit to CITY, written at the end of each month during which the CITY agrees to pay, at rates established due to CONTRACTOR. Payment shall be made receipt of invoice, except for those questioned and are returned by CITY, with thirty (30) days of receipt of invoice. nvoice of services rendered services are rendered. The by Exhibit "A," the amount within thirty (30) days of which are contested or written explanation, within All payments are to be made to: Videomax Productions, 2060 Avenida De Los Arboles #267, Thousand Oaks, CA 91362. -1- r °aai C AGREEMENT FOR CONTRACT FOR SERVICES THIS AGREEMENT made this 1st day of July, 2002, between the City of Moorpark, a municipal corporation, located at 799 Moorpark Avenue, Moorpark, California. 93021 Hereinafter referred to as "CITY," and Videomax Productions, a sole proprietorship video production company, owned and operated by Michael Kamm, located at 2060 Avenida De Los Arboles, Unit 267, Thousand Oaks, California 91362, hereinafter referred to us "CONTRACTOR," WITNESSETH THE PARTIES HERETO DO AGREE AS FOLLOWS: ARTICLE 1. TERM OF CONTRACT The effective date of this annual Agreement is July 1, 2002 and it shall expire on June 30, 2004, unless sooner terminated as provided for in this agreement. ARTICLE 2. SCOPE OF SERVICES CONTRACTOR agrees to perform for, and furnish to, the CITY the services described in the proposal for twenty -four (24) months, from July 2, 2002 until June 30, 2004, as attached hereto, and incorporated as Exhibit "A," in a manner satisfactory to the City Manager of CITY or his designee. CONTRACTOR will determine the method, details and means of performing the above - described services. The CITY reserves the right to seek and obtain bids from other firms for such work. ARTICLE 3. COMPENSATION CONTRACTOR shall submit to CITY, written invoice of services rendered at the end of each month during which the services are rendered. The CITY agrees to pay, at rates established by Exhibit "A," the amount due to CONTRACTOR. Payment shall be made within thirty (30) days of receipt of invoice, except for those which are contested or questioned and are returned by CITY, with written explanation, within thirty (30) days of receipt of invoice. All payments are to be made to: Videomax Productions, 2060 Avenida De Los Arboles #267, Thousand Oaks, CA 91362. ARTICLE 4. RESPONSIBLE PERSON IN CHARGE Michael S. Kamm will serve as the principal person responsible for performance of the CONTRACTOR's obligations under this Agreement and shall serve as principal liaison between CITY and CONTRACTOR. Communications from CITY to CONTRACTOR shall be directed to the principal person. CITY shall have the right to approve any individual proposed by CONTRACTOR for substitute as the "principal person in charge ", which approval may not be unreasonably withheld. ARTICLE 5. ASSIGNMENT CONTRACTOR shall not assign this Agreement, or any of the rights, duties, or obligations without prior written consent of CITY. It is understood and acknowledged by the parties that CONTRACTOR is uniquely qualified to perform their services provided for in this Agreement. ARTICLE 6. OBLIGATIONS OF CITY CITY agrees to comply with all reasonable requests of CONTRACTOR relative to, and provide access, to all facilities reasonable necessary for the performance of CONTRACTOR's duties under this Agreement. ARTICLE 7. SUSPENSION, TERMINATION, OR ABANDONMENT This Agreement may be terminated by CONTRACTOR only by providing CITY with written notice no less than ninety (90) days in advance of such termination. This Agreement may be terminated with or without cause by CITY at any time, with no less than thirty- (30) days written notice of such termination. In the event of such termination, CONTRACTOR shall be compensated for such services up to the date of termination. Such compensation for work in progress would be prorated as to the percentage of progress completed at the date of termination. ARTICLE 8. BREACH OF CONTRACT If CONTRACTOR defaults in this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that CONTRACTOR fails to cure its default within such period of time, CITY shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. -2- ARTICLE 9. GENERAL PROVISIONS 9.01 Independent Contractor CONTRACTOR is and at all times shall remain, as to CITY, a wholly independent contractor. CONTRACTOR shall not, at any time or in any manner, represent that he is an officer, employee or agent of the CITY. CONTRACTOR shall comply with all applicable provisions of the Worker's Compensation Insurance and Safety Acts and Labor Code of the State of California. 9.02 Ownership of Documents Upon completion of any filming, production or writing required to be provided by CONTRACTOR in the course of performing any of the above described services, or upon sooner termination of this Agreement, all original material, including all tapes, prepared by CONTRACTOR shall become the sole property of CITY and may be used, reused or otherwise disposed of by CITY without permission of CONTRACTOR. CONTRACTOR agrees that any film, writing, and other instruments prepared by CONTRACTOR in performance of this Agreement shall not be subject to use by anyone other than CITY without written permission by CITY. CONTRACTOR shall deposit with CITY all recorded tapes within twenty - four (24) hours following the initial re- broadcast of each meeting and /or event recorded pursuant to this Agreement. 9.03 Liability Insurance CONTRACTOR shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for and maintain in full force and effect for the duration of this Agreement a policy of comprehensive liability insurance, and shall furnish a Certificate of Liability Insurance to the City Manager of the CITY before execution of this Agreement by CITY, Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached thereto, the protection offered by the policy shall: a. Include CITY as the insured or named an additional insured covering their services to be performed under this Agreement, whether liability is attributable, to CONTRACTOR or CITY. b. Insure CITY and its officers, employees, servants, and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with, the Agreement. C. Provide the following minimum limits: Bodily injury - $1,000,000 each person $1,000,000 each occurrence $1,000,000 aggregate product and completed operations Property Damage - $1,000,000 each occurrence $1,000,000 aggregate A combined single limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the required minimum limits. CONTRACTOR may file insurance acceptable to CITY covering more than one project. d. Bear an endorsement of which shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, CITY shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days before expiration or cancellation is effective. e. Be written on an occurrence basis. 9.04. Hold Harmless CONTRACTOR shall hold harmless, indemnify and defend CITY and all of its officers, employees, servants and agents from any claims, demand, damage, liability, loss, cost, or expense, for any damage whatsoever, including but, not limited to death or injury to any person and injury to any property resulting from misconduct, negligent acts, errors or omissions of CONTRACTOR or any of its officers, employees or agents in the performance of this agreement, except such damage is caused by the sole negligence of CITY or any of its officers, employees, servants or agents. 9.05 Workers' Compensation Insurance Before execution of this Agreement by CITY, CONTRACTOR shall file with CITY the following certification: "I am aware of, and will comply with Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self - insurance before commencing any of the work." CONTRACTOR shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of this Agreement, complete Worker's Compensation Insurance, and shall furnish a Certificate of Insurance to CITY before execution of this Agreement by CITY. The CITY and its officers, employees, servants, or agents, shall not be responsible for any Claims in law or equity occasioned by failure of the CONTRACTOR to comply with this section. -4- r.. Every worker's compensation insurance policy shall bear an endorsement of which shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason, whatsoever, CITY shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days before expiration or cancellation is effective. 9.06 Notices Any notice to be given hereunder by either party to the other shall be effected either by personal delivery in writing or by certified mail, postage prepaid, return receipt requested. Mailed notices shall be addressed to CITY, c/o City Manager, 799 Moorpark Avenue, Moorpark, California 93021, and to CONTRACTOR, c/o Michael Kamm, 2060 Avenida De Los Arboles, No. 267, Thousand Oaks, California, 91362, but each party may change the address by written notice in accordance with this section. Notices delivered personally will be deemed served as of actual receipt; mailed notices will be deemed served as of the third (3rd) day after deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid. 9.07 City's Agent The Moorpark City Manager or his designee shall have the right to review all work to be performed by the CONTRACTOR pursuant to this Agreement, and shall be the CITY's agent in this matter. 9.08 Entire Agreement This Agreement and any documents or instruments attached hereto or referred to herein integrate all terms and Conditions mentioned herein or Incidental hereto and supersede all negotiations and prior writing in respect to the subject matter hereof. In the event of conflict between the terms, conditions, or provisions of this Agreement and any such document or instrument, the terms and conditions of this Agreement shall prevail. 9.09 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 9.10 Attorney's Fees If any action at law or suit in equity, including an action for declaratory relief, is brought to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, and necessary disbursements, in addition to any other relief to which it may be entitled. 9.11 Interpretation of Agreement Should interpretation of this Agreement, or any portion thereof be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against -5- * 11 1" f-!"" .ise. `fir either party on the ground that the party prepared the Agreement or caused it to be prepared. 9.12 Venue This Agreement is made, entered into, and executed in Moorpark, Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement and /or otherwise of the terms, covenants and conditions referred to herein shall be filed in the applicable court in Ventura County, California. 9.13 Other Terms a. The CITY will provide all equipment and supplies for the production and playback of the meetings. b. CONTRACTOR will be given a key and access code to gain access to equipment at all times. C. The CITY will provide a complete list of all regularly scheduled production and playback dates by the first day of each month of service. The CITY will notify CONTRACTOR of all special or adjourned meetings within 24 hours of notice unless scheduled for the next business day. If an adjourned meeting is scheduled for the next business day, notice will be provided by CITY at the close of the meeting being adjourned. d. CONTRACTOR will provide CITY with a 24 -hour emergency phone and pager numbers. Executed in duplicate at Moorpark, California, on the date and year first written above. CITY OF MOORPARK: Steven Kueny, City Manager ATTEST: ueboran s. irattensteat, city ulerx CONTRACTOR: Michael S. Kamm, Videomax EXHIBIT A SCOPE OF SERVICES PART I Videomax Productions (CONTRACTOR) will provide the following services on a monthly basis: 1. Video production of all CITY public meetings up to a maximum of eight (8) per month as designated by CITY, using two (2) Videomax crewmembers at each meeting. 2. Automated playback programming of all meetings and /or events covered by subpart 1 herein. 3. General maintenance and service of all production equipment. 4. Cleaning and service of all robotic cameras and servo motors. 5. Color balance and phase adjustment of camera control units. 6. Programming and general maintenance of lights and dimmer system. 7. Maintenance of microphones and connectors. 8. Programming of VTR units and electronic patch bays. 9. Audio mix systems adjustment. Submixer maintenance and level adjustment. 10. Automated playback programming of informational video tapes from other public agencies, as provided and scheduled by CITY. 11. Liaison to cable companies on air signal quality. 12. Local origination technical consultant. 13. Telephone consultation with CITY staff concerning supplies. 14. Consultation with CITY staff on character generator operations and features. 15. Services provided at no charge should be noted on the billing statement. Service Fee Per Month: 7/1/02 - 6/30/03: $2250.00 7/1/03 - 6/30/04: $2250.00 -7- PART II CONTRACTOR shall provide the following labor services on an as needed basis, and as requested by CITY in writing in advance. Payment shall be at the rates stated herein: 7/1/02 - 6/30/03 7/1/03 - 6/30/04 1. Editing $28.00 per hour $28.00 per hour 2. Repair and Troubleshooting $28.00 per hour $28.00 per hour 3. Manual Playback of Scheduled -8- 1'' -* ", n 1.; Programming (in the event that Automated re -play not Possible) $28.00 per hour $28.00 per hour 4. Studio Production Services $28.00 per hour $28.00 per hour per crew member per crew member 5. Field Production Services $28.00 per hour $28.00 per hour per crew member per crew member 6. Production of special City - sponsored meetings /events beyond those in No. 1 of Part I, or meetings /events requiring same camera set -up as meetings /events listed under Scope of Services $28.00 per meeting $28.00 per meeting 7. Production of special City - Sponsored or co- sponsored events not provided for under Part 1 (1), requiring field camera or set -up different from City meetings listed under Part I of Scope of Services. Quotes to be provided for each event 8. Audio Production Services $28.00 per hour $28.00 per hour 9. Film Permit Liaison Services $32.50 per hour $32.50 per hour 10. Graphics Services $28.00 per hour $28.00 per hour 11. Hand -Held Camera Operator $28.00 per hour $28.00 per hour 12. Consulting and Administrative Services $30.00 per hour $30.00 per hour 13. Training of City staff $30.00 per hour $30.00 per hour 14. BBS Programming $28.00 per hour $28.00 per hour 15. Web Site Design & Maintenance $28.00 per hour $28.00 per hour 16. IT Services - PC, LAN, Video Server, Hardware, Software $30.00 per hour $30.00 per hour -8- 1'' -* ", n 1.; MOORPARK CITY COUNCIL AGENDA REPORT STEM C; TTY OF MOORPARK, C,ALIFORNTA City Cmincil MeetinZ of -7uiq ACTTO : -- sC-heC1U Led to TO: The Honorable City Council FROM: John Hartnett, Recreation Superintendent( DATE: July 5, 2002 (CC Meeting of July 17) SUBJECT: Consider Moorpark Boys & Girls Club/ Packer Football and American Youth Soccer Association (AYSO) Use Agreements DISCUSSION In 1997, the City Council approved use agreements with the major youth sports organizations in Moorpark. The agreements were for a term of five years, and among other things, they identified parks and park amenities, use dates, site and amenity improvements, and maintenance responsibilities granted to each organization. The use fee charged to each group was $1.00 per year. Moorpark Girls Softball Association and AYSO also pay for the use of the Concession facility at AVCP from the proceeds of their snack sales. The Moorpark Boys & Girls Club (Packer Football) and AYSO agreements are two of the final three due to expire this year (Moorpark Basketball Association ends in September, 2002). Staff drafted new agreements based on the previous agreements and provided them to the respective organizations for review and comment. Packer Football has indicated that the provisions of the new agreements are acceptable. AYSO agrees with the provisions, with the exception of the Indemnification and Hold Harmless clause, which they feel is too restrictive and should be modified. In addition, AYSO is requesting that rental fees for AVRC use be waived or discounted during the year. They use the AVRC approximately 20 times \\ mor _pri_sery \home_folders\JHartnett \memo #3 -3.doe Youth Sports Use Agreements Page 2 per year for board meetings, registration sign -ups and clinics. The agreements address the following conditions: Packer Football Packer Football will have the use of the park area incorporating the football field and adjacent practice field between July 19 through December 15, at $1.00 per year, each year the agreement is in effect. As with the previous agreement, Packer Football is authorized to place two 40 -yard cubic storage containers and a refuse drop -box near the field, use amplified sound for authorized games between the hours of 9 a.m. and 6 p.m. on Saturdays only, and perform certain field and equipment maintenance work with the City's approval. The agreement acknowledges the future construction of a Restroom /Concession facility adjacent to the football field. It is staff's intent to include the use of the Restroom /Concession facility in Packer Football's agreement. They currently have no access to such a facility, where Moorpark Girls Softball Association and AYSO do. Since the new Restroom /Concession facility will not be completed until September 27, it is staff's recommendation that the City provide two portable toilets on the premises for the fall 2002 season until the new facility is completed. At the City's sole discretion, Packer Football will then relocate its property into building space made available by the Restroom /Concession facility and remove its storage bins from the premises. New provisions added to the Packer Football agreement include the electrical services provided by the existing electrical transformer that powers the semi - permanent lights on the practice field to be placed in the City's name, in order for the City to utilize the transformer for the future Restroom /Concession facility. Packer Football agrees to pay a $10 per hour electrical use fee for electrical services only. In addition, Packer Football agrees to maintain and repair the lights and replace bulbs, as needed. The City reserves the right to evaluate the continued use and location of the lights by Packer Football for future seasons, and to remove them (lights & poles) at any time requested by the City at its cost. '\„ J v wr wV �•�i Youth Sports Use Agreements Page 3 Another provision in the proposed Agreement allows for Packer Football to have use of the new Concession facility for their fall season. Given that Packer Football has considerably fewer participants in their program than other local youth sports leagues that use Concession facilities, staff has developed a flat rate of $500 for Concession use. This rate is one -half of what the City charges Moorpark Girls Softball Association for a full season. American Youth Soccer Association AYSO will have use of the park incorporating the area between the baseball diamonds east to the football field and the existing Concession facility and storage room between August 1 through December 31.Additional soccer fields in the undeveloped area east of the football field will be available to AYSO after June, 2003. The use of those fields will be addressed at that time. AYSO is also granted use of certain open field areas for post season play, from Monday to Friday, between January 1 through February 29, and Monday to Friday for the month of August for its summer soccer camp. AYSO may also, with City approval, use fields a maximum of four separate weekends for post season play. Use of the facilities will be $1 per year, each year the agreement is in effect. AYSO will also have use of the Concession facility from August 1 through December 31 and pay a use fee of $1,200 per year, each year the agreement is in effect. Additionally, AYSO is granted use of certain fields for its annual Apricot Jam Soccer Tournament. Use is limited to Saturday and Sunday only, for a period of two weekends in April, the second weekend being reserved in the event of rain. AYSO will pay all direct costs, including additional staffing, associated with the tournament As with the previous agreement, AYSO is authorized to place two 40 -yard cubic storage containers near the fields, and perform certain field and equipment maintenance work with the City's approval. However, once the new Concession /Restroom facility is completed, additional storage space may be available. At the City's sole discretion, AYSO will relocate its property into building Youth Sports Use Agreements Page 4 space made available and remove its storage bins from the premises. Summary As stated, the agreements are consistent with previous use agreements. The dates, fees, and maintenance requirements have not changed. Additions include a provision that prohibits the use of paint or herbicides for marking game lines that will kill grass and a requirement that anyone driving a vehicle on fields must be twenty -one years or older. The organizations agree to insure and indemnify the City, refrain from making any improvements without City authorization, maintain the improvements they are authorized to construct, assist with trash collection, and acknowledge that the City retains the right to use the parks and facilities granted for use under the agreements, with prior notice by the City. As noted previously, AYSO is requesting that the Indemnification and Hold Harmless clause be modified so that the City bears more liability. Also, AYSO is requesting rental fees for AVRC be waived or discounted during the year for approximately 20 meetings. Staff does not recommend approval of these two requests. The Indemnification and Hold Harmless clause language is the same for all sports agreements and protects the City from claims arising from negligence of others unless it is due to the sole negligence of the City. It is also the position of the City's Insurance Authority that the Indemnification and Hold Harmless clause remain as is. In the case of reduced or waived rental fees, this action would set a precedent for all other non - profit organizations where the City would have to consider future requests for waived fees from organizations such as Church Groups, Homeowners Associations, etc. This could become a significant contribution by the City. Currently, the City already offers a reduced rental fee for all Moorpark non - profit groups. This approval could also displace paying rentals by tying up facility use and reduce staff's ability to rent the AVRC to others, which will, in turn, reduce potential revenue. It should be kept in mind that when the Recreation Division offers it's own programs and events, the direct cost for those activities, which includes facilities, is figured into the budget and included in the fees paid by the participant. Therefore, it only makes sense that Youth Sports Use Agreements Page 5 outside organizations should have to follow the same guidelines by accounting for facility costs in their programs, as well, and passing that cost onto the participant. The proposed agreements are attached to this Agenda Report. The Council is being asked to approve the agreements for Moorpark Boys & Girls Club/ Packer Football and American Youth Soccer Organization. STAFF RECOMMENDATION Approve five -year use agreements with Moorpark Boys & Girls Club/ Packer Football and American Youth Soccer Organization, pending any final language changes by the City Manager and City Attorney and authorize the City Manager to execute the agreements on behalf of the City. Attachments: Moorpark Boys & Girls Club/ Packer Football Agreement American Youth Soccer Organization Agreement 1A 4nL hm ea-� ;LA AGREEMENT BETWEEN THE CITY OF MOORPARK AND THE BOYS AND GIRLS CLUB OF MOORPARK THIS USE AGREEMENT (hereinafter "Agreement ") is made and entered into as of this day of , 2002 by and between the CITY OF MOORPARK (hereinafter "City") and Boys and Girls Club of Moorpark, a nonprofit Boys and Girls Club serving the City of Moorpark, California (hereinafter "Boys and Girls Club "). THE PARTIES AGREE THAT: Section 1. PREMISES City, in consideration of the fees to be paid and of the indemnifications, covenants, and agreements agreed to herein, hereby grants to Boys and Girls Club, and Boys and Girls Club hereby accepts from City, the use of certain real property and associated facilities and equipment including but not limited to the park area incorporating the football field, adjacent practice field, snack bar and surrounding park areas (hereinafter Park Area) at Arroyo Vista Community Park (hereinafter "AVCP ") described in Exhibit "A" attached hereto and by this reference incorporated herein, together with any and all improvements thereon (all of which are hereinafter referred to as the "Premises "). The City's contact regarding the day -to -day activities and uses associated with this Agreement and use of Premises shall be with officials of Moorpark Packer Football as designated in writing by the Boys and Girls Club. Section 2. TERM The term of this Agreement shall be for five years, commencing July 17, 2002 and ending on July 31, 2007, provided however, that City's obligations hereunder shall be contingent upon Boys and Girls Club's payment in full of all use and related fees and fulfillment of all obligations as set forth in this Agreement. This Agreement may be terminated by either party with or without cause by providing written notice no less than thirty (30) days in advance of such termination. Section 3. USE FEES Boys and Girls Club further agrees to pay the City at time of execution of Agreement, in total, annual use fees as follows: A. One Dollar ($1.00) for the period of August 1, 2002, through July 31,2003, and for every year thereafter on July 1 through the term of Agreement for the use of Park Area. C:\DOCUMENTS AND SETTINGS \MLINDLEY \LOCAL) SETTINGS \TEMPORARY INTERNET FILES \PACKER.AGR.DOC B. Ten Dollars ($10.00) per hour for Lighting Fees for the Practice Field. C. Sixty Dollars per day of use for the new concession facility (identified in Exhibit A) at Premises for the Fall season each year this Agreement remains in effect. Said fee shall be paid to City by November 30 of each year. City agrees that concession facility fees include use of water, electricity and pest control services specifically associated with the operation of the concession facility as authorized by this Agreement. Section 4. ADJUSTMENTS USE OF FEES For the year August 1, 2003, and for each year this Agreement is in effect, the City may adjust the Use Fees, referenced in Section 3.A. on or before the beginning of the new year by giving Boys and Girls Club written notice prior to August 1. If no such notification is given, the Use Fees for the next year shall be the same amount as the prior year. Section 5. USE The Premises shall be used for the following specified purposes only and shall not be used for any other purpose without the prior written consent of the City: A. Boys and Girls Club shall use Premises for authorized Moorpark Packer Football games and practices only. Said use is granted during the period commencing the third week of July through the second week of December (Fall Season). A schedule of games and practices shall be furnished to the Director of Community Services for the City's written approval prior to August 1 of each year. B. City authorizes Boys and Girls Club to place up to two- (2) 40 -yard cubic storage containers near or on Premises at Boys and Girls Club's sole expense. The location of said containers shall be approved by City. Boys and Girls Club agrees that the containers shall be used for storage of Packer Football equipment and supplies only. Boys and Girls Club shall be required, at its sole cost, to remove or relocate storage bins upon thirty (30) days written notice from City. Upon completion of the new Restroom/Concession facility in 2002 and at the direction of City, Boys & Girls Club will relocate it's property into the building and remove it's storage bins from the premises. Boys & Girls Club shall vacate the storage room upon thirty (30) days written notice from the City if they are needed for City purposes. C. City authorizes Boys and Girls Club to arrange for the placement and use of a refuse drop -box, at Boys and Girls Club's sole expense, during the Fall season as C:\DOCUMENTS AND SETTINGS \MLINDLEY \LOCAI2 SETTINGS \TEMPORARY INTERNET FILES \PACKER.AGR.DOC identified in Section 5.A, for the purpose of disposing of solid waste. Boys and Girls Club shall adhere to all provision of the City's Solid Waste Ordinance including the use of designated City approved refuse hauler. The location of the bin shall be approved by City. Boys and Girls Club agrees not to cause the bin to be placed at AVCP prior to August 1 of each year and to have the bin removed no later than December 31 of each year. D. City authorizes the use of amplified sound by Boys and Girls Club for authorized football games between the hours of 9 a.m. and 6 p.m. on Saturday for authorized games provided that the noise level resulting from the amplified sound does not exceed 55 decibels at the southern property boundary of AVCP and that said sound system is operated by an adult at all times. If City finds that Boys and Girls Club has not adhered to the provision of this section, or if City receives substantiated complaints about the amplified sound, it may revoke the use of said amplified sound at its sole discretion. Boys & Girls Club also agrees not to conduct activity that will generate excessive noise prior to 9 a.m., including the staging of a band for opening day ceremonies. E. City authorizes the Boys and Girls Club to use semi - permanent lights on the football practice field, located north of the football field and further identified on Exhibit A of this Amendment. The lights may be used for Moorpark Packer Football practice purposes, Monday through Friday and must be turned off no later than 8 p.m. The parties agree that the electrical transformer is the property of the City. The City will pay all electrical utility costs. The Boys and Girls Club agrees to pay the City an Electrical Use Fee of $10 per hour for "electrical service" only, for said lights. The Boys and Girls Club shall be responsible for maintenance, repair and replacement of the lights at its own cost and pursuant to Sections 10 and 15. City agrees that said lights shall not be used by other rental organizations, other then City, in lieu of Boys & Girls Club's responsibility to maintain, repair and replace lights in a safe manner at all times. The City reserves the right to evaluate the continued use and location of said lights by the Boys and Girls Club for future seasons. The City shall have sole discretion regarding continued use of said lights, or modification to the conditions set forth for use thereof. City tentatively plans to have a permanent restroom available near the Premises in 2002. In the event that restroom is not completed by the start of Packer Football's Fall season, City agrees to rent two portable toilets until such time as permanent restroom is available. Boys and Girls Club agrees to secure and lock the toilet doors at the end of each practice and game day. Boys and Girls Club also agrees to report any maintenance or service problems associated with the toilets including, but not limited to, graffiti, damages, and dumping requests. C:\DOCUMENTS AND SETTINGS \MLINDLEY \LOCAIB SETTINGS \TEMPORARY INTERNET FILES \PACKER.AGR.DOC F. At all times, City retains the right to use Premise at its discretion for City sponsored and co- sponsored events upon no less than thirty- (30) days written notice to Boys and Girls Club. During the Fall season, the general public shall have access to and use of said Premises at a time of day and or on a day that is not included in the written schedule submitted by the Boys and Girls Club in writing and approved in writing by the City. Boys and Girls Club shall not have priority use of Premises outside of the approved schedule. G. The sale and consumption of food and beverages shall be at the discretion of the Boys and Girls Club with the exception that no alcoholic beverages shall be sold or consumed on Premises. Boys and Girls Club shall obtain all required health and other permits for the preparation and sale of food and beverages. H. Boys & Girls Club may have use of the snack bar located east of the football field on Premises during the Fall season. Boys & Girls Club shall not begin storage of its property in the snack bar until authorized by City and it agrees to remove its property from the Concession facility two weeks after its last game of each season. Boys and Girls Club shall be provided with a key to the Concession facility prior to the start of the Fall season and shall be responsible for securing it. Said key(s) shall not be duplicated. Upon vacating the Concession facility, Boys and Girls Club shall return the key(s) to the City. I. City agrees to allow Boys & Girls Club to access the field portion of Premises with one vehicle. Boys & Girls Club agrees not to use vehicle on the fields whenever the ground is wet, for whatever reason, without obtaining City's written approval. Boys & Girls Club agrees that vehicle it uses shall not exceed a gross vehicle weight (GVW) of 5,400 pounds. Vehicle is only to be driven by an adult twenty -one years and older. Section 6. SIGNS Boys and Girls Club agrees not to permit the construction or placement of any sign, signboard or other form of outdoor advertising on the Premises without the prior written consent of the City. In the event of a violation of this provision by Boys and Girls Club or any one claiming under Boys and Girls Club, Boys and Girls Club hereby authorizes City as Boys and Girls Club's Agent, to enter the Premises and to remove and dispose of any such sign, signboard or other advertising, and to charge the cost and expense of any such removal and disposal to Boys and Girls Club who agrees to pay the same upon demand. This provision does not exclude the use of identification banners for individual teams and sponsors, which may be displayed during games and shall be removed following C: \DOCUMENTS AND SETTINGS \MLINDLEY \LOCAI4 SETTINGS \TEMPORARY INTERNET FILES \PACKER.AGR.DOC the end of each game. Section 7. INDEMNIFICATION AND HOLD HARMLESS Boys and Girls Club hereby agrees to hold harmless and indemnify City, its officers, agents, and employees, and its successors and assigns, from and against all claims, loss, damage, actions, causes of actions, expense and/or liability arising or growing out of loss or damage to property, including City's own personal property, or injury to or death of persons, including employees of City, resulting in any manner whatsoever directly or indirectly, by reason of this Agreement or the use of the Premises by Boys and Girls Club or any person claiming use under or through Boys and Girls Club unless such loss, damage, injury, or death is due to the sole negligence of the City. Boys and Girls Club shall also hold the City harmless from all costs and expenses, including costs of investigation arising out of or incurred in the defense of any claim, proceeding, or action brought for injury to persons or damage to property, resulting from or associated with the use of said Premises under this Agreement and shall further save and hold harmless the City from any and all orders, judgements, and decrees which may be entered in any and all such suit or actions. Boys and Girls Club and all others using said Premises under this Agreement hereby waive any and all claims against the City of damage to persons or property in or about said Premises. The City does not, and shall not, waive any rights that it may have against Boys and Girls Club by reason of this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. Said hold harmless and indemnification provision shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense described in this Section. The provisions of this Section 7 shall survive the expiration or termination of this Agreement. Section 8. LIABILITY INSURANCE As a condition precedent of the effectiveness of this Agreement, Boys and Girls Club shall procure, and thereafter maintain in full force and effect at Boys and Girls Club's sole cost and expense, a public liability insurance policy written with a company acceptable to City and authorized to do business in the State of California. Such policy shall provide for a minimum coverage of One Million Dollars ($1,000,000.00) for bodily injury or death of any person or persons in any one occurrence, and Five Hundred Thousand Dollars ($500,000.00) for loss by damage or injury to property in any one occurrence and shall include automobile coverage. The policy shall contain a provision providing for a broad form of contractual liability, including Product Liability coverage if food and beverages are dispensed on Premises. The policy or C:\DOCUMENTS AND SETTINGS \MLINDLEY \LOCA15 SETTINGS \TEMPORARY INTERNET FILES \PACKER.AGR.DOC policies shall be written on an occurrence basis. The policy shall name Boys and Girls Club as the insured and the City as an additional insured. The policy shall also provide that the City shall be notified in writing, at least thirty (30) days prior to any termination, amendment cancellation or expiration thereof. Boys and Girls Club shall furnish City evidence of all insurance policies required by this Agreement in the form of a Certificate of Insurance. Section 9. CASUALTY INSURANCE The parties each specifically acknowledge that City shall not be obligated to keep the Premises insured against fire, or any other insurable risk. Boys and Girls Club hereby and forever waives all right to claim or recover damages from City in any amount as the result of any damage to the Premises by fire, earthquake, flooding, storm or any other cause. Section 10. IMPROVEMENTS Boys and Girls Club shall not make any alterations, additions, or improvements upon the Premises without the prior written consent of the City. All alterations, additions and improvements shall be done in a good and workmanlike manner and diligently prosecuted to completion, and shall be performed and maintained in strict accord with all Federal, State, County, and local laws, ordinances, codes and standards relating thereto. Performance of work shall be subject to City monitoring and inspection. At City's sole discretion, work may be stopped if it does not conform to City specifications and standards. Unless otherwise expressly agreed to in writing by the City, any alterations, additions and improvements shall remain on and be surrendered with the Premises upon the expiration or termination of this Agreement. Boys and Girls Club shall timely pay all costs associated with any and all improvements, and shall keep the Premises free and clear of all mechanics liens. Boys and Girls Club agrees to and shall indemnify, defend and save City free and harmless against all liability, loss, damage, costs, attorney's fees and other expenses of any nature resulting form any Boys and Girls Club alterations, additions or improvements to the Premises. At such time as Boys and Girls Club vacates Premises, all improvements to Premises not already owned by City shall become the property of the City unless otherwise authorized by City in writing. Upon the execution of this Agreement, City agrees to authorize the following improvements to be made by Boys and Girls Club at the Boys and Girls Club's sole cost, unless otherwise specified herein, upon the City approval of said improvement plans and conditions: C:\DOCUMENTS AND SETTINGS \MLINDLEY \LOCA16 SETTINGS \TEMPORARY INTERNET FILES \PACKER.AGR.DOC A. City authorizes Boys and Girls Club to improve the surface of the unimproved parking lot adjacent, and to the north of, the football practice field, at its expense, by delivering crushed asphalt to be used as a base. City agrees to spread the material provided it has the necessary equipment. Prior to commencing with said improvement, Boys and Girls Club shall provide details about the type and quantity of material to be used, exact delivery date, and all work plans in writing. Prior to authorizing improvement work to commence, City must make a finding that said work would not impact drainage. If a survey is required to make a finding, Boys and Girls Club agrees to bear the full cost to perform said survey. Section 11. FLAMMABLE MATERIAL, WASTE AND NUISANCES Boys and Girls Club agrees that it will not place or store any flammable materials on the Premises, that it will not commit any waste or damage, nor suffer any to be done. Boys and Girls Club also specifically agrees that it will not allow others to take such actions on the Premises. Boys and Girls Club further agrees that it will keep the Premises clean, free from weeds, rubbish and debris and in a condition satisfactory to City. Boys and Girls Club shall also provide adequate controls for dust, odors, noise which may emanate from the Premises or from Boys and Girls Club's activities on adjacent property and take appropriate steps necessary to prevent dust contamination of City's facilities located on, near or adjacent to the Premises. Boys and Girls Club agrees to take preventative action to eliminate such dust, odor, noise or any other nuisance which may disturb the adjacent or nearby community and agrees to be responsible for and to assume all liability for such dust, odor, noise or other nuisance disturbances. Boys and Girls Club also agrees that it shall not use amplified sound or field lighting on Premises for any reason, without the prior written consent of City. Notwithstanding the above, Boys and Girls Club shall not install, operate or maintain, or cause, or permit to be installed, operated or maintained any electrically charged fence on the Premises. Section 12. PESTICIDES AND HERBICIDES Boys and Girls Club agrees that prior to any application of either pesticides or herbicides, it shall receive written consent from City, and further any pesticide or herbicide applications on the Premises shall be made in accordance with all Federal, State, County and local laws. Boys and Girls Club further agrees to dispose of any pesticides, herbicides or any other toxic substances which are declared to be either a C:\DOCUMENTS AND SETTINGS \MLINDLEY \LOCAL% SETTINGS \TEMPORARY INTERNET FILES \PACKER.AGR.DOC health or environmental hazard in such a manner as prescribed by law. This shall include, but shall not be limited to, contaminated containers, clothing, equipment or any other contaminated material. Section 13. STORAGE TANKS Notwithstanding anything to the contrary set forth in this Agreement, Boys and Girls Club shall not have the right to install underground or above ground storage tanks, as defined by any and all applicable laws or regulations, without the prior written consent of the City. Section 14. HAZARDOUS MATERIALS INDEMNITY Boys and Girls Club hereby agrees to indemnify and hold harmless City, and its respective officers, employees, and agents, from and against any and all claims, actions, losses, liabilities, costs and expenses: (a) including, without limitation, all foreseeable and all unforeseeable consequential damages, directly or indirectly arising out of the use, generation, storage or disposal of Hazardous Material on the Premises; and (b) including, without limitation, the cost of any required or necessary repair, cleanup, or detoxification and the preparation of any closure or other required plans, to the full extent that such action is attributable, directly or indirectly, to the presence, or use, generation, storage, release, threatened release, or disposal of Hazardous Materials on the Premises. As used in this Section, Hazardous Materials means any flammable explosives, radioactive materials, asbestos, PCBs, hazardous water, toxic substances of related materials, including, without limitation, substances, defined as "hazardous substances ", "hazardous materials ", or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 USC, Section 9601, et seq.; the Resource Conservation and Recovery Act, 42 USC, Section 6901, et seq.; the Toxic Substances Control Act, 15 USC, Section 2601, et seq.; any other Federal, State or local law applicable to the Premises; and in the rules and regulations adopted or promulgated under or pursuant to any of said laws. The provisions of these Sections shall survive the expiration or earlier termination of this Agreement. Section 15. UTILITIES AND MAINTENANCE Boys and Girls Club agrees to pay a pro rata share of all charges and assessments for or in connection with electricity, water, and sewer and any other utilities which may be furnished to or used upon the Premises by Boys and Girls Club during the period covered by this Agreement with exception of those addressed in Section 3 of this Agreement. It is further agreed that in the event Boys and Girls Club shall fail to pay the above mentioned charges when due, City shall have the right to pay the same on C:\DOCUMENTS AND SETTINGS \MLINDLEY \LOCAL$ SETTINGS \TEMPORARY INTERNET FILES \PACKER.AGR.DOC demand, together with interest thereon at the maximum rate allowed by law and to charge the cost and expense to Boys and Girls Club who agree to pay the same upon demand, City shall bill Boys and Girls Club for said charges, which shall be in addition to Use Fee identified in Section 3. Boys and Girls Club agrees to maintain and replace all components installed for the operation of the lights on the practice field, including, but not limited to, underground and overhead electrical cabling, wooden light poles, light fixtures and bulbs. Boys and Girls Club agrees to respond to City's request for repair and maintenance to the lights and light system within 48 hours of receipt of said request. Section 16. MAINTENANCE Except as specifically provided for in the Agreement, all maintenance of, and repairs to Premises shall be done at City's sole discretion and shall be performed by City force account or by City's authorized agent unless approved by City in writing. All maintenance and repair authorized to be performed by Boys and Girls Club shall adhere to City specifications and standards. All improvements shall meet City and other applicable codes, regulations, and standards including but not limited to building and zoning codes. A. During the period of August 1 through December 31, Boys and Girls Club shall be responsible to perform the following maintenance on Premises: Mark football field lines using a white, water -based acrylic paint, manufactured specifically for marking lines on sports turf and athletic fields. Athletic field paint should not contain calcium carbonate, vinyl copolymers, herbicides, or pesticides. 2. Pickup trash on and around Premises. If following the last scheduled game or practice the trash containers are full, remove trash liners and dispose in trash dumpster located at AVCP. Insert replacement liners provided by City in trash containers. 3. Throughout the term of this Agreement, maintain storage containers in good condition, repaint whenever necessary. 4. Maintain and clean snack bar, including counters, sinks, floors, and walls after each use; remove and dispose of all trash in and around snack bar to trash bins provided by City. 5. Maintain the football goal posts. Ensure that they are adequately secured C: \DOCUMENTS AND SETTINGS \MLINDLEY \LOCALS SETTINGS \TEMPORARY INTERNET FILES \PACKER.AGR.DOC and take any corrective action when necessary. Repaint goals a minimum of once a year. 6. Maintain bleachers in good working order at all times. Boys and Girls Club agrees to replace or repair any lose or missing parts within 72 hours of being notified that a repair is needed. 7. Graffiti applied to storage containers, the goal posts and/or bleachers shall be removed within seventy -two (72) hours of City's notification to do so. In the event of violation of this provision, Boys and Girls Club hereby authorizes City, as Boys and Girls Club's agent, to remove graffiti and to charge the cost and expense of any such removal to Boys and Girls Club who agrees to pay the same upon demand. 8. Any additional fertilization or other turf maintenance, above maintenance work routinely performed by City or City's landscape maintenance contractor, requested by Boys and Girls Club shall be performed by Boys and Girls Club at its sole expense. Boys and Girls Club shall obtain City's written approval prior to commencing with any turf maintenance. requests to perform turf maintenance shall to submitted to City in writing. 9. City previously authorized Boys and Girls Club to install semi- permanent lights at the football practice field located on Premises. During the Packer Football season, Boys and Girls Club agrees to make any and all adjustments to the lights and electrical system as deemed necessary, and by request, by the City. It is the sole responsibility of Boys & Girls Club to ensure that said lights are maintained in a safe & good workman like manner at all times. Upon the completion of Moorpark Packer Football's fall 2002 season, and any time thereafter, the City Council, at its sole discretion, may require the Boys and Girls Club to make modifications to the installation of the lights and the light system, such as, but not limited to, undergrounding the electrical cable between light poles, or complete removal of the lights. Such work shall be performed by the Boys and Girls Club at its sole expense. City shall not be obligated to repair, replace or maintain the Premises in any manner throughout the term of this Agreement. City shall not be obligated to perform any precautionary or preventative measures with respect to the Premises, including, but not limited to drainage and flood control measures. Should City perform any of the foregoing, such services shall be at the sole discretion of City, and the performance of C: \DOCUMENTS AND SETTINGS \MLINDLEY \LOCALQSETTINGS \TEMPORARY INTERNET FILES \PACKER.AGR.DOC C." �� 4 such services shall not be construed as an obligation or warranty by City of the future or ongoing performance of such services. Section 17. ENTRY BY CITY City may enter upon the Premises at all reasonable times to examine the condition thereof, and for the purpose of providing maintenance and making such repairs as City desires to make. Section 18. GOVERNING LAW Boys and Girls Club agrees that in the exercise of its rights under this Agreement, Boys and Girls Club shall comply with all applicable Federal, State, County and City laws and regulations in connection with its use of the Premises. The existence, validity, construction, operation and effect of this Agreement and all of its terms and provisions shall be determined in accordance with the laws of the State of California. Section 19. DISCRIMINATION Boys and Girls Club agrees not to discriminate against any person or class of persons by reason of race, color, creed, or national origin in the use of the Premises. Section 20. ASSIGNMENT AND SUBLETTING Boys and Girls Club shall not assign this Agreement, or any interest therein, and shall not assign use of the Premises or any part thereof, or any right or privilege appurtenant thereto, or suffer any other person (the agents and servants of Boys and Girls Club excepted) to occupy or use the Premises, or any portion thereof, without the prior written consent of City. A consent to one assignment, subletting, occupation, or use by another person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation, or use by another person. This Agreement shall not, nor shall any interest therein, be assignable, as to the interest of Boys and Girls Club, by operation of law, without the written consent of City. Any assignment or subletting without such consent shall be void, and shall, at the option of the City, terminate this Agreement. No legal title or interest in Premises is created or vested in Boys and Girls Club by this Agreement. Section 21. INSOLVENCY OR BANKRUPTCY If Boys and Girls Club shall be adjudged bankrupt or insolvent, this Agreement shall thereupon immediately terminate and the same shall not be assignable by any process of law, or be treated as an asset of the Boys and Girls Club under such adjudication, C: \DOCUMENTS AND SETTINGS \MLINDLEY \LOCALJSETTINGS \TEMPORARY INTERNET FILES \PACKER.AGR.DOC nor shall it pass under the control of any trustee or assignee by virtue of any process in bankruptcy or insolvency, or by execution or assignment for the benefit of creditors. If any such event occurs, this Agreement shall immediately become null and void and of no effect, and City may thereupon repossess said Premises and all rights of the Boys and Girls Club thereupon shall cease and terminate. Section 22. DEFAULT OR BREACH Except as otherwise provided, at any time one party to this Agreement is in default or breach in the performance of any of the terms and conditions of this Agreement, the other party shall give written notice to remedy such default or breach. If default or breach is remedied within 30 days following such notice, then this Agreement shall continue in full force and effect. If such default or breach is not remedied within 30 days following such notice or if the nature of the default is such that it cannot reasonably be cured within 30 days, if Boys and Girls Club fails to commence to cure within the 30 day period, the other party may, at its option, terminate this Agreement. Such termination shall not be considered a waiver of damages or other remedies available to either party because of such default or breach. Each term and condition of this Agreement shall be deemed to be both a covenant and a condition. Section 23. INTERPRETATION Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. Section 24. WAIVER A waiver by either party or any default or breach by the other party in the performance of any of the covenants, terms or conditions of this Agreement shall not constitute or be deemed a waiver of any subsequent or other default or breach. Section 25. ACQUIESCENCE No acquiescence, failure or neglect of any party hereto to insist on strict performance of any or all of the terms hereof in one instance shall be considered or constitute a waiver of the rights to insist upon strict performance of the terms hereof in any subsequent instance. Section 26. PARTIES BOUND AND BENEFITED C: \DOCUMENTS AND SETTINGS \MLINDLEY \LOCAL2SETTINGS \TEMPORARY INTERNET FILES \PACKER.AGR.DOC -1 - The covenants and conditions herein contained shall apply to and bind the heirs, successors, executors, administrators, and assigns of all the parties hereto; and all of the parties hereto shall be jointly and severally liable hereunder. Section 27. CONDEMNATION If the whole of the Premises should be taken by a public authority under the power of eminent domain, then the term of this Agreement shall cease on the day of possession by the public authority. If a part only of the Premises should be taken under eminent domain, Boys and Girls Club shall have the right to either terminate this Agreement or to continue in possession of the remainder of the Premises. If Boys and Girls Club remains in possession, all of the terms hereof shall continue in effect, with the fees payable being reduced proportionately for the balance of the Agreement term. Section 28. TIME Time is of the essence of this Agreement. Section 29. REMEDIES In case of the failure or refusal of Boys and Girls Club to comply with and perform each and all of the terms and covenants on its part herein contained, this Agreement and all rights hereby given shall, at the option of City, cease and terminate, and City shall have the right forthwith to remove Boys and Girls Club's personal property from the Premises at the sole cost, expense and risk of Boys and Girls Club, which cost and expense Boys and Girls Club agrees to pay to City upon demand, together with interest thereon at the maximum rate allowed by law from the date of expenditure by City. Section 30. NOTICES AND PAYMENTS All notices required under this Agreement including change of address shall be in writing, and all notices and payments shall be made as follows: A. All payments and notices to Boys and Girls Club shall be given or mailed to the current Packer Football President with a copy mailed to the Board Present of Boys and Girls Club. It is the responsibility of Boys and Girls Club to notify City when there has been a change with regard to the individual serving as Packer Football President and to provide City with name, address, and 24 -hour contact phone number of the new President: Moorpark Packer Football C:\DOCUMENTS AND SETTINGS \MLINDLEY \LOCAL3SETTINGS \TEMPORARY INTERNET FILES \PACKER.AGR.DOC 6654 N. Berkeley Circle Moorpark, CA 92021 Emergency Contact Person: Rob Dearborn Phone Number: (w) 517 -2160, (cell) 374 -0379 Notices to be copied to: Boys and Girls Club of Moorpark 280 Casey Road Moorpark, CA 93021 ATTN: Executive Director B. All payments and notices to City shall be given or mailed to: City of Moorpark City Manager 799 Moorpark Avenue Moorpark, CA 93021 Section 31. PARTIAL INVALIDITY If any term, covenant, condition or provision of this Agreement is found by a Court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. Section 32. GENDER AND NUMBER For the purpose of this Agreement wherever the masculine or neuter form is used, the same shall include the masculine or feminine, and the singular number shall include the plural and the plural number shall include the singular, wherever the context so requires. Section 33. PARAGRAPH HEADINGS Paragraph headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants and conditions of this Agreement. Section 34. MODIFICATION This Agreement may be terminated, extended or amended in writing by the mutual C: \DOCUMENTS AND SETTINGS \MLINDLEY \LOCAL4SETTINGS \TEMPORARY INTERNET FILES \PACKER.AGR.DOC written consent of the parties hereto. Such amendments may be executed by the City Manager on behalf of the City. Section 35. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties, and supersedes all previous negotiations and understandings between the parties. There are no representations, warranties or commitments, oral or written, other than those expressly set forth herein. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representative as of the date first written above. City of Moorpark Moorpark Boys and Girls Club IM Steven Kueny, City Manager President Attest: mm Deborah Traffenstedt, City Clerk Moorpark Packer Football President C: \DOCUMENTS AND SETTINGS \MLINDLEY \LOCAL5SETTINGS \TEMPORARY INTERNET FILES \PACKER.AGR.DOC AGREEMENT BETWEEN THE CITY OF MOORPARK AND AMERICAN YOUTH SOCCER ORGANIZATION, REGION 363 THIS USE AGREEMENT (hereinafter "Agreement ") is made and entered into as of this day of , 2002 by and between the CITY OF MOORPARK (hereinafter "City") and American Youth Soccer Association, Region 363, a Non - Profit Corporation (hereinafter "AYSO "). THE PARTIES AGREE THAT: Section 1. PREMISES City, in consideration of the fees to be paid and of the indemnifications, covenants, and agreements agreed to herein, hereby grants to AYSO, and AYSO hereby accepts from City, the use of certain real property and associated facilities and equipment including but not limited to the park area between the baseball diamonds east to the football field (hereinafter "Park Area ") and the snack bar and its storage room which is accessible from the food service area (hereinafter "Snack Bar ") at Arroyo Vista Community Park (hereinafter "AVCP ") described in Exhibit "A" attached hereto and by this reference incorporated herein, together with any and all improvements thereon (all of which are hereinafter referred to as the "Premises "). Section 2. TERM The term of this Agreement shall be for five years, commencing on August 1, 2002, and ending on July 31, 2007, provided however, that City's obligations hereunder shall be contingent upon AYSO's payment in full of all use and related fees and fulfillment of all obligations as set forth in this Agreement. This Agreement may be terminated by either party with or without cause by providing written notice no less than thirty (30) days in advance of such termination. Section 3. USE FEES AYSO further agrees to pay the City at time of execution of Agreement, in total, annual use fees as follows: A. One Dollar ($1.00) for the period of August 1, 2002, through July 31, 2003, and for every year thereafter on August 1 through the term of Agreement for the use of Park Area; and C:\DOCUMENTS AND SETTINGS \MLINDLEY \LOCAL) SETTINGS \TEMPORARY INTERNET FILES \AYS02.AGR2 - DRAFT # 2.DOC B. AYSO agrees to pay an annual use fee to City of twelve hundred dollars ($1,200) for use of the Snack Bar at Premises for the Fall Season each year this Agreement remains in effect. Said fee shall be paid to City by Augustl.City agrees that fees include AYSO's use of water, electricity and pest control specifically associated with the operation of the snack bar as authorized by this Agreement Additionally, AYSO agrees to pay City for direct costs City incurs in association with the AYSO's annual Apricot Jam tournament and Volunteer Recognition Picnic including but not limited to field lighting and City staff dedicated to said activities. City agrees not to charge AYSO for other typical rental fees. Section 4. ADJUSTMENTS OF USE FEES For the year August 1, 2002, and for each year this Agreement is in effect, the City may adjust the Use Fees, referenced in Section 3.A. on or before the beginning of the new year by giving AYSO written notice prior to March 1. If no such notification is given, the Use Fees for the next year shall be the same amount as the prior year. The Use Fee provided for in Section 3.B. shall not be adjusted during the five (5) year Term of this Agreement. Section 5. USE The Premises shall be used for the following specified purposes only and shall not be used for any other purpose without the prior written consent of the City: A. The field portion of Premises shall be used for AYSO's authorized games, practices, training sessions and Volunteer Appreciation Picnic for coaches and referees tied specially to official season, held during the months of August through December (Fall Season). A schedule of games and practices shall be furnished to the Director of Community Services for the City's written approval prior to August 15 of each year, which approval shall not be unreasonably withheld.. AYSO is also granted use of certain open field areas within Premise for region and area post season and All Star play beginning December 1 and concluding February 29, each year. Said use covers Monday through Friday. Post season does not include use of the snack bar. A written schedule of requested days and times for post season and All Star use shall be furnished by AYSO to the City for the City's approval prior to December 1 of each year. In addition, with prior written approval from City, AYSO may use certain open field areas within C:\DOCUMENTS AND SETTINGS \MLINDLEY \LOCAI2 SETTINGS \TEMPORARY INTERNET FILES \AYS02.AGR2 - DRAFT # 2.DOC Premise on a maximum of four (4) separate weekends for post season tournament play. Weekend dates for post season play shall be approved by the City in advance. AYSO is granted use of certain fields on Premise, for its Annual Apricot Jam Soccer Tournament in April. This limited use includes Saturday and Sunday only, and a period of no more than two (2) weekends, the second weekend being reserved in the event of rain. A schedule of use shall be furnished to the City for the City's written approval prior to January 1 of each year. Additionally, AYSO may use the snack bar with the approval of the City and the voluntary agreement of Moorpark Girls Softball Association to relinquish its use. AYSO is also granted use of certain fields on Premise, for its annual summer soccer camp in July or August. Use includes Monday through Friday only, and does not include the use of the snack bar. A schedule of said instruction dates shall be furnished to the City for written approval prior to March 1 of each year. B. The Snack Bar shall be used for AYSO's authorized games and practices for the Fall Season. C. AYSO agrees to remove its property from the Snack Bar one week after its last game of each season and shall not begin storage of its property until the first day of each Season. AYSO shall use storage room to store food and drink supplies only. AYSO shall be provided with a key to the Snack Bar prior to the start of the Fall season and shall be responsible for securing it. Said key(s) shall not be duplicated. Upon vacating the Snack Bar, AYSO shall return the key(s) to the City. AYSO shall be required to vacate the storage room adjacent to the snack bar upon thirty (30) days written notice from the City if they are needed for City purposes. D. At all times, City retains the right to use Premises at its discretion for City sponsored and co- sponsored events upon no less than thirty (30) days written notice to AYSO. During the Fall season and April tournament period, the general public shall have access to and use of said Premises at a time of day and or on a day that is not included in the schedule submitted by AYSO in writing and approved in writing by the City. AYSO shall not have priority use of Premises outside of the approved schedule. At all times, the City also reserves the right to restrict use of certain fields on Premise to manage and protect the conditions of the turf. Any requests for additional use not authorized in this agreement shall be made in writing to City. C: \DOCUMENTS AND SETTINGS \MLINDLEY \LOCAIBSETTINGS \TEMPORARY INTERNET FILES \AYS02.AGR2 - DRAFT # 2.DOC E. The sale and consumption of food and beverages shall be at the discretion of AYSO with the exception that no alcoholic beverages shall be sold or consumed on Premises. AYSO shall obtain all required health and other permits for the preparation and sale of food and beverages. F. City agrees to provide a location, mutually agreeable to City and AYSO, for AYSO's two 40 -yard cubic storage bins. AYSO agrees to locate, at its sole cost, its bins in an area designated by City. Storage bins shall be used for storage of AYSO soccer equipment and supplies only. AYSO shall be required, at its sole cost, to remove or relocate storage bins upon thirty (30) days written notice from City that the area is needed for City purposes. An additional Restroom/Concession facility will be constructed at AVCP sometime in 2002. Upon completion, additional storage space may be available. At the City's sole discretion, AYSO will relocate its property into building space made available and remove its storage bins from Premises at its sole expense. G. City agrees to allow AYSO to access the field portion of Premises with no more than two utility vehicles for the specific purpose of setting up and taking down soccer equipment only. AYSO agrees not to use vehicles on the field whenever the ground is wet, for whatever reason, without obtaining City's written approval. AYSO also agrees that vehicles it uses for this purpose shall not exceed a gross vehicle weight (GVW) of 5,400 pounds. Vehicles are only to be driven by an adult twenty one years and older. Section 6. SIGNS AYSO agrees not to permit the construction or placement of any sign, signboard or other form of outdoor advertising on the Premises without the prior written consent of the City. In the event of a violation of this provision by AYSO or any one claiming under AYSO, AYSO hereby authorizes City as AYSO's Agent, to enter the Premises and to remove and dispose of any such sign, signboard or other advertising, and to charge the cost and expense of any such removal and disposal to AYSO who agrees to pay the same upon demand. This provision does not exclude the use of identification banners for individual teams and sponsors, which may be displayed during games and shall be removed following the end of each game. Section 7. INDEMNIFICATION AND HOLD HARMLESS C: \DOCUMENTS AND SETTINGS \MLINDLEY \LOCAI4 SETTINGS \TEMPORARY INTERNET FILES \AYS02.AGR2 - DRAFT # 2.DOC x AYSO hereby agrees to hold harmless and indemnify City, its officers, agents, and employees, and its successors and assigns, from and against all claims, loss, damage, actions, causes of actions, expense and/or liability arising or growing out of loss or damage to property, including City's own personal property, or injury to or death of persons, including employees of City, resulting in any manner whatsoever directly or indirectly, by reason of this Agreement or the use of the Premises by AYSO or any person claiming use under or through AYSO unless such loss, damage, injury, or death is due to the sole negligence of the City. AYSO shall also hold the City harmless from all costs and expenses, including costs of investigation arising out of or incurred in the defense of any claim, proceeding, or action brought for injury to persons or damage to property, resulting from or associated with the use of said Premises under this Agreement and shall further save and hold harmless the City from any and all orders, judgements, and decrees which may be entered in any and all such suit or actions. AYSO and all others using said Premises under this Agreement hereby waive any and all claims against the City of damage to persons or property in, or about said Premises. The City does not, and shall not, waive any rights that it may have against AYSO by reason of this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. Said hold harmless and indemnification provision shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense described in this Section. The provisions of this Section 7 shall survive the expiration or termination of this Agreement. Section 8. LIABILITY INSURANCE As a condition precedent of the effectiveness of this Agreement, AYSO shall procure, and thereafter maintain in full force and effect at AYSO's sole cost and expense, a public liability insurance policy written with a company acceptable to City and authorized to do business in the State of California. Such policy shall provide for a minimum coverage of One Million Dollars ($1,000,000.00) for bodily injury or death of any person or persons in any one occurrence, and Five Hundred Thousand Dollars ($500,000.00) for loss by damage or injury to property in any one occurrence and shall include automobile coverage. The policy shall contain a provision providing for a broad form of contractual liability, including Product Liability coverage if food and beverages are dispensed on Premises. The policy or policies shall be written on an occurrence basis. The policy shall name AYSO as the insured and the City as an additional insured. The policy shall also provide that the City shall be notified in writing, at least thirty (30) days prior to any termination, amendment cancellation or expiration thereof. AYSO shall furnish City evidence of all insurance policies required by this Agreement in the form of a Certificate of Insurance. C:\DOCUMENTS AND SETTINGS \MLINDLEY \LOCA15 SETTINGS \TEMPORARY INTERNET FILES \AYS02.AGR2 - DRAFT # 2.DOC J Section 9. CASUALTY INSURANCE The parties each specifically acknowledge that City shall not be obligated to keep the Premises insured against fire, or any other insurable risk. AYSO hereby and forever waives all right to claim or recover damages from City in any amount as the result of any damage to the Premises by fire, earthquake, flooding, storm or any other cause. Section 10. IMPROVEMENTS AYSO shall not make any alterations, additions, or improvements upon the Premises without the prior written consent of the City. All alterations, additions and improvements shall be done in a good and workmanlike manner and diligently prosecuted to completion, and shall be performed and maintained in strict accord with all Federal, State, County, and local laws, ordinances, codes and standards relating thereto. Performance of work shall be subject to City monitoring and inspection. At City's sole discretion, work may be stopped if it does not conform to City specifications and standards. Unless otherwise expressly agreed to in writing by the City, any alterations, additions and improvements shall remain on and be surrendered with the Premises upon the expiration or termination of this Agreement. AYSO shall timely pay all costs associated with any and all improvements, and shall keep the Premises free and clear of all mechanics liens. AYSO agrees to and shall indemnify, defend and save City free and harmless against all liability, loss, damage, costs, attorney's fees and other expenses of any nature resulting from any AYSO alterations, additions or improvements to the Premises. At such time as AYSO vacates Premises, all improvements to Premises not already owned by City shall become the property of the City unless otherwise authorized by City in writing. Section 11. FLAMMABLE MATERIAL, WASTE AND NUISANCES AYSO agrees that it will not place or store any flammable materials on the Premises, that it will not commit any waste or damage, nor suffer any to be done. AYSO also specifically agrees that it will not allow others to take such actions on the Premises. AYSO further agrees that it will keep the Premises clean, free from weeds, rubbish and debris and in a condition satisfactory to City. AYSO shall also provide adequate controls for dust, odors, noise which may emanate from the Premises or from AYSO's activities on adjacent property and take appropriate steps necessary to prevent dust contamination of City's facilities located on, near or adjacent to the Premises. AYSO agrees to take preventative action to C:\DOCUMENTS AND SETTINGS \MLINDLEY \LOCA16 SETTINGS \TEMPORARY INTERNET FILES \AYS02.AGR2 - DRAFT # 2.DOC r, C, ,'3 '1r) !C eliminate such dust, odor, noise or any other nuisance which may disturb the adjacent or nearby community and agrees to be responsible for and to assume all liability for such dust, odor, noise or other nuisance disturbances. AYSO also agrees that it shall not use amplified sound or field lighting on Premises for any reason, without the prior written consent of City. Notwithstanding the above, AYSO shall not install, operate or maintain, or cause, or permit to be installed, operated or maintained any electrically charged fence on the Premises. Section 12. PESTICIDES AND HERBICIDES AYSO agrees that prior to any application of either pesticides or herbicides, it shall receive written consent from City, and further any pesticide or herbicide applications on the Premises shall be made in accordance with all Federal, State, County and local laws. AYSO further agrees to dispose of any pesticides, herbicides or any other toxic substances which are declared to be either a health or environmental hazard in such a manner as prescribed by law. This shall include, but shall not be limited to, contaminated containers, clothing, equipment or any other contaminated material. Section 13. STORAGE TANKS Notwithstanding anything to the contrary set forth in this Agreement, AYSO shall not have the right to install underground or above ground storage tanks, as defined by any and all applicable laws or regulations, without the prior written consent of the City. Section 14. HAZARDOUS MATERIALS INDEMNITY AYSO hereby agrees to indemnify and hold harmless City, and its respective officers, employees, and agents, from and against any and all claims, actions, losses, liabilities, costs and expenses: (a) including, without limitation, all foreseeable and all unforeseeable consequential damages, directly or indirectly arising out of the use, generation, storage or disposal of Hazardous Material on the Premises by AYSO; and (b) including, without limitation, the cost of any required or necessary repair, cleanup, or detoxification and the preparation of any closure or other required plans, to the full extent that such action is attributable, directly or indirectly, to the presence, or use, generation, storage, release, threatened release, or disposal of Hazardous Materials on the Premises by AYSO. As used in this Section, Hazardous Materials means any flammable explosives, radioactive materials, asbestos, PCBs, hazardous water, toxic substances of related materials, including, without limitation, substances, defined as "hazardous substances ", "hazardous materials ", or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of C: \DOCUMENTS AND SETTINGS \MLINDLEY \LOCAL7SETTINGS \TEMPORARY INTERNET FILES \AYS02.AGR2 - DRAFT ## 2.DOC 1980, as amended, 42 USC, Section 9601, et se g.; the Resource Conservation and Recovery Act, 42 USC, Section 6901, et seq.; the Toxic Substances Control Act, 15 USC, Section 2601, et seq.; any other Federal, State or local law applicable to the Premises; and in the rules and regulations adopted or promulgated under or pursuant to any of said laws. The provisions of this Section shall survive the expiration or earlier termination of this Agreement. Section 15. UTILITIES AYSO agrees to pay a pro rata share of all charges and assessments for or in connection with electricity, water, and sewer and any other utilities which may be furnished to or used upon the Premises by AYSO during the period covered by this Agreement with exception of those addressed in Section 3 of this Agreement. It is further agreed that in the event AYSO shall fail to pay the above mentioned charges when due, City shall have the right to pay the same on demand, together with interest thereon at the maximum rate allowed by law and to charge the cost and expense to AYSO who agree to pay the same upon demand. City shall bill AYSO for said charges which shall be in addition to Use Fee identified in Section 3. Section 16. MAINTENANCE Except as specifically provided for in the Agreement, all maintenance of, and repairs to Premises shall be done at City's sole discretion and shall be performed by City force account or by City's authorized agent unless approved by City in writing. All maintenance and repair authorized to be performed by AYSO shall adhere to City specifications and standards. All improvements shall meet City and other applicable codes, regulations, and standards including but not limited to building and zoning codes. A. During the period of August 1 through December 31 and agreed upon period In April, AYSO shall be responsible to perform the following maintenance on Premises (Park Area and Snack Bar): 1. Mark soccer field lines using only white, water -based acrylic paint, manufactured specifically for marking lines on sports turf and athletic fields. Athletic field paint should not contain calcium carbonate, vinyl copolymers, herbicides, or pesticides. 2. Pickup trash on and around Premises and provide for additional trash containers. On each day of use following the last scheduled game or practice, if trash containers are full, empty contents into trash dumpster located at AVCP. C:\DOCUMENTS AND SETTINGS \MLINDLEY \LOCA18 SETTINGS \TEMPORARY INTERNET FILES \AYS02.AGR2 - DRAFT 4 2.DOC 3. Throughout the term of this Agreement, maintain storage bin in good working order, repainting when necessary. Graffiti shall be removed within seventy-two (72) hours of City's notification to do so. In the event of violation of this provision, AYSO hereby authorizes City, as AYSO's agent, to remove graffiti and to charge the cost and expense of any such removal to AYSO who agrees to pay the same upon demand. 4. Maintain and clean Snack Bar including counters, sinks, floors, and walls after each use; remove and dispose of all trash in and around Snack Bar to trash bins provided by City. 5. Notify City, prior to March 15, regarding the number of goals needed. All available goals will be installed for the Fall season. B. During the period of August 1 through December 31 and April 1 through June 30, City shall be responsible to perform the following: Install and secure soccer goals for Fall season and April tournament. City shall attempt to vary the placement of the goals from season to season to maintain the integrity of the turf and shall consult with AYSO to identify mutually agreeable locations prior to installation 2. Irrigate, and mow turf areas which comprise the soccer fields contained within Premises at City's expense. 3. During AYSO's authorized use period for the Snack Bar, City shall, at its expense, perform routine maintenance for normal wear and tear and arrange for and schedule pest control services for, in and around the facility. City shall not be obligated to repair, replace or maintain the Premises in any manner throughout the term of this Agreement. City shall not be obligated to perform any precautionary or preventative measures with respect to the Premises, including, but not limited to drainage and flood control measures. Should City perform any of the foregoing, such services shall be at the sole discretion of City, and the performance of such services shall not be construed as an obligation or warranty by City of the future or ongoing performance of such services. Section 17. ENTRY BY CITY C:\DOCUMENTS AND SETTINGS \MLINDLEY \LOCAI9 SETTINGS \TEMPORARY INTERNET FILES \AYS02.AGR2 - DRAFT # 2.DOC City may enter upon the Premises at all reasonable times to examine the condition thereof, and for the purpose of providing maintenance and making such repairs as City desires to make. Section 18. GOVERNING LAW AYSO agrees that in the exercise of its rights under this Agreement, AYSO shall comply with all applicable Federal, State, County and City laws and regulations in connection with its use of the Premises. The existence, validity, construction, operation and effect of this Agreement and all of its terms and provisions shall be determined in accordance with the laws of the State of California. Section 19. DISCRIMINATION AYSO agrees not to discriminate against any person or class of persons by reason of race, color, creed, or national origin in the use of the Premises. Section 20. ASSIGNMENT AND SUBLETTING AYSO shall not assign this Agreement, or any interest therein, and shall not assign use of the Premises or any part thereof, or any right or privilege appurtenant thereto, or suffer any other person (the agents and servants of AYSO excepted) to occupy or use the Premises, or any portion thereof, without the prior written consent of City. A consent to one assignment, subletting, occupation, or use by another person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation, or use by another person. This Agreement shall not, nor shall any interest therein, be assignable, as to the interest of AYSO, by operation of law, without the written consent of City. Any assignment or subletting without such consent shall be void, and shall, at the option of the City, terminate this Agreement. No legal title or interest in Premises is created or vested in AYSO by this Agreement. Section 21. INSOLVENCY OR BANKRUPTCY If AYSO shall be adjudged bankrupt or insolvent, this Agreement shall thereupon immediately terminate and the same shall not be assignable by any process of law, or be treated as an asset of the AYSO under such adjudication, nor shall it pass under the control of any trustee or assignee by virtue of any process in bankruptcy or insolvency, or by execution or assignment for the benefit of creditors. If any such event occurs, this Agreement shall immediately become null and void and of no effect, and City may thereupon repossess said Premises and all rights of the AYSO thereupon shall cease and terminate. C: \DOCUMENTS AND SETTINGS \MLINDLEY \LOCALQSETTINGS \TEMPORARY INTERNET FILES \AYS02.AGR2 - DRAFT # 2.DOC Section 22. DEFAULT OR BREACH Except as otherwise provided, at any time one party to this Agreement is in default or breach in the performance of any of the terms and conditions of this Agreement, the other party shall give written notice to remedy such default or breach. If default or breach is remedied within 30 days following such notice, then this Agreement shall continue in full force and effect. If such default or breach is not remedied within 30 days following such notice or if the nature of the default is such that it cannot reasonably be cured within 30 days, if AYSO fails to commence to cure within the 30 day period, the other party may, at its option, terminate this Agreement. Such termination shall not be considered a waiver of damages or other remedies available to either party because of such default or breach. Each term and condition of this Agreement shall be deemed to be both a covenant and a condition. Section 23. INTERPRETATION Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. Section 24. WAIVER A waiver by either party or any default or breach by the other party in the performance of any of the covenants, terms or conditions of this Agreement shall not constitute or be deemed a waiver of any subsequent or other default or breach. Section 25. ACQUIESCENCE No acquiescence, failure or neglect of any party hereto to insist on strict performance of any or all of the terms hereof in one instance shall be considered or constitute a waiver of the rights to insist upon strict performance of the terms hereof in any subsequent instance. Section 26. PARTIES BOUND AND BENEFITED The covenants and conditions herein contained shall apply to and bind the heirs, successors, executors, administrators, and assigns of all the parties hereto; and all of the parties hereto shall be jointly and severally liable hereunder. Section 27. CONDEMNATION C: \DOCUMENTS AND SETTINGS \MLINDLEY \LOCAIJSETTINGS \TEMPORARY INTERNET FILES \AYS02.AGR2 - DRAFT # 2.DOC If the whole of the Premises should be taken by a public authority under the power of eminent domain, then the term of this Agreement shall cease on the day of possession by the public authority. If a part only of the Premises should be taken under eminent domain, AYSO shall have the right to either terminate this Agreement or to continue in possession of the remainder of the Premises. If AYSO remains in possession, all of the terms hereof shall continue in effect, with the fees payable being reduced proportionately for the balance of the Agreement term. Section 28. TIME Time is of the essence of this Agreement. Section 29. REMEDIES In case of the failure or refusal of AYSO to comply with and perform each and all of the terms and covenants on its part herein contained, this Agreement and all rights hereby given shall, at the option of City, cease and terminate, and City shall have the right forthwith to remove AYSO's personal property from the Premises at the sole cost, expense and risk of AYSO, which cost and expense AYSO agrees to pay to City upon demand, together with interest thereon at the maximum rate allowed by law from the date of expenditure by City. Section 30. NOTICES AND PAYMENTS All notices required under this Agreement including change of address shall be in writing, and all notices and payments shall be made as follows: A. All payments and notices to AYSO shall be given or mailed to the current AYSO Regional Commissioner. It is the responsibility of AYSO to notify City when there has been a change with regard to the individual serving as Regional Commissioner and to provide the City with name, address, and 24 -hour contact phone number of the new Commissioner: Moorpark AYSO C/O Thomas Bradford 13760 Donnybrook Lane Moorpark, CA 93021 Phone Number: 532 -1242 Mobile: 701 -2190 Work: 213- 738 -5809 E -Mail: TomKathyBradford(a,,aol.com C: \DOCUMENTS AND SETTINGS \MLINDLEY \LOCA12SETTINGS \TEMPORARY INTERNET FILES \AYS02.AGR2 - DRAFT 4 2.DOC B. All payments and notices to City shall be given or mailed to: City of Moorpark City Manager 799 Moorpark Avenue Moorpark, CA 93021 Section .31. PARTIAL INVALIDITY If any term, covenant, condition or provision of this Agreement is found by a Court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. Section 32. GENDER AND NUMBER For the purpose of this Agreement wherever the masculine or neuter form is used, the same shall include the masculine or feminine, and the singular number shall include the plural and the plural number shall include the singular, wherever the context so requires. Section 33. PARAGRAPH HEADINGS Paragraph headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants and conditions of this Agreement. Section 34. MODIFICATION This Agreement may be terminated, extended or amended in writing by the mutual written consent of the parties hereto. Such amendments may be executed by the City Manager on behalf of the City. Section 35. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties, and supersedes all previous negotiations and understandings between the parties. There are no representations, warranties or commitments, oral or written, other than those expressly set forth herein. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representative as of the date first written above. C: \DOCUMENTS AND SETTINGS \MLINDLEY \LOCA713SETTINGS \TEMPORARY INTERNET FILES \AYS02.AGR2 - DRAFT # 2.DOC City of Moorpark LOIN AYSO LI-A Steven Kueny, City Manager Regional Commissioner Attest: Deborah Traffenstedt, City Clerk C: \DOCUMENTS AND SETTINGS \MLINDLEY \LOCAL SETTINGS \TEMPORARY INTERNET FILES \AYS02.AGR2 - DRAFT ## 2.DOC TO: FROM: DATE: ITEM 11,0 G. CTTV OF MOORPARK, C;ALWORNTA City Cnnncii Nlretinz nf ju ll-( I'7 J 2DO Z ACTTON: - Approved So-c4 -r+ r-ecorn er-da t6-f -�- c+dOpJed Rem .ItE- U2 -19P2 . MOORPARK CITY COUNCIL AGENDA REPORT Honorable City Council Deborah S. Traffenstedt, ATCM /City Clerk July 8 2002 (CC Meeting of 7/17/02) SUBJECT: Consider Resolution Amending the Salary Plan for Competitive Service, Non - Competitive Service, and Hourly Employees and Rescinding Resolution No. 2001 -1882 BACKGROUND AND DISCUSSION Attached to this report is a draft resolution amending the Salary Plan to incorporate a 2.4 percent cost -of- living salary increase, consistent with the current Memorandum of Agreement between the City of Moorpark and the Service Employees International Union AFL - CIO, CLC, Local 998. The attached draft resolution also includes the addition of two Steps (two and one -half percent each for a total of five percent) to the top of the Salary Plan, increasing the total number of Steps for each Range from 11 (A -K) to 13 (A -M). Please note that approval of the two additional Steps for competitive service positions is related to City and Local 998 Union approval of an Addendum to the MOA and an update to the Personnel Rules, which will be scheduled for the August 21 regular City Council meeting. The attached draft Salary Plan resolution incorporates changes to Management salary ranges as approved by the City Council at the May 15, 2002 regular meeting. Revisions to the Salary Plan Ranges are shown through the use of legislative format. Also included is the new Assistant City Clerk position at Range 62 (non- competitive service position) , as discussed during the fiscal year budget approval process. The Salary Tables attached as Exhibit A to the resolution incorporate the cost of living increase and Steps L -M. STAFF RECOMMENDATION Adopt Resolution No. 2002- Attachment: Draft Salary Plan Resolution including Salary Tables .J y d — Zo RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE SALARY PLAN FOR COMPETITIVE SERVICE, NON - COMPETITIVE SERVICE AND HOURLY EMPLOYEES, AND RESCINDING RESOLUTION NO. 2001 -1882 WHEREAS, the City Council at its meeting on September 5, 2001, adopted a new Salary Plan to incorporate changes to salary ranges for management (non- competitive service) division head, department head, Assistant City Manager and City Manager positions; to create new finance positions (Budget and Finance Manager and Accountant I and II) ; to change the Public Works Supervisor/ Inspector from a competitive service to a non - competitive service position and revising the title to Public Works Supervisor and the range from 60 to 62; revising the position titles for Vector Control Specialist and Technician positions to Vector /Animal Control Specialist and Technician; to change the Teen Coordinator from an hourly to a competitive service position; and to add identification of positions exempt from overtime; and WHEREAS, changes are now proposed to the Salary Plan to implement a 2.4 percent cost -of- living increase to all Salary Ranges; to add two Steps (2.5 percent each for a total of 5 percent) to each Salary Range, creating a new Salary Plan with thirteen (13) Steps for each Salary Range; to revise the Salary Range for the City Manager, Assistant City Manager, Deputy City Manager, Community Development Director, Community Services Director, Public Works Director, Administrative Services Director, Assistant to City Manager /City Clerk, Budget and Finance Manager, and Planning Manager; and to add an Assistant City Clerk position. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The salary plan of hourly rates is hereby adopted for all of the positions herein listed: Non-Competitive Service Positions* Salary Range City Manager 9-�5 Assistant City Manager 8 -57 Deputy City Manager 845 Community Development Director 719 84-3 Community Services Director R -9-83 Public Works Director R -9-83 Administrative Services Director !79 8-1-3 Assistant to City Manager /City Clerk ,79 -8-1-3 Budget and Finance Manager 7-74 -5 * All Non - Competitive Service Positions are exempt from payment of overtime. Resolution No. 2002 - Page 2 Non - Competitive Service Positions* Salary Range Planning Manager 71 745 Redevelopment Manager 71 Administrative Services Manager 71 Finance /Accounting Manager 71 Accountant II 67 Information Systems Manager 67 Principal Planner 67 Recreation Superintendent 67 Senior Management Analyst 67 Accountant I 62 Assistant City Clerk 62 Information Systems Supervisor 62 Management Analyst 62 Public Works Supervisor 62 Competitive Service Positions Salary Range Senior Planner ** 64 Associate Planner 60 Recreation Supervisor 59 Maintenance Supervisor 59 Vector /Animal Control Specialist 59 Assistant Planner 56 Human Resources Analyst 56 Executive Secretary 52 Planning Technician II 52 Code Enforcement Officer II 51 Account Technician II 51 Human Resources Assistant 51 Senior Center Coordinator 51 Recreation Coordinator II 51 Deputy City Clerk II 50 Recreation Coordinator I 47 Account Technician I 46 Administrative Services Technician 46 Deputy City Clerk I 46 Senior Maintenance Worker 45 Administrative Secretary 43 Maintenance Worker III 41 Planning Technician I 41 Vector /Animal Control Technician 41 Code Enforcement Officer I 40 Crossing Guard Supervisor 39 Secretary II 39 Receptionist 39 Teen Coordinator 39 Account Clerk II 38 * All Non - Competitive Service Positions are exempt from payment of overtime. ** Competitive Service positions designated as exempt from the payment of overtime. Resolution No. 2002 - Page 3 Competitive Service Positions Salary Range Records Clerk 38 Maintenance Worker II 37 Account Clerk I 34 Secretary I 29 Clerk Typist 20 Maintenance Worker I 18 Hourly Positions * ** Salary Range Information Systems Technician 46 Program Director 34 Recreation Assistant 32 Recreation Leader III 32 Intern 30 Laborer /Custodian III 28 Recreation Leader II 22 Clerk 22 Administrative Aide 20 Laborer /Custodian II 18 Crossing Guard 18 Recreation Leader I 14 Clerical Aide II 14 Laborer /Custodian I 10 Clerical Aide I 6 Recreation Aide 6 SECTION 2. The corresponding salaries for the ranges established in Section 1. are attached hereto and incorporated herein as "Hourly Salary Schedule" Table. Also attached for information purposes are "Bi- Weekly Salary Schedule ", "Monthly Salary Schedule" and "Annual Salary Schedule" Tables. SECTION 3. The Salary Plan is based on ranges of two and one - half percent (2.5 %) and step increases of two and one -half percent (2.5 %) with a total of leenthirteen (1�3) steps. The bi- weekly rate is based on multiplying the hourly rate by 80 hours. The annual rate is calculated by multiplying the bi- weekly rate by twenty -six (26) pay periods. The monthly rate is calculated by dividing the annual rate by twelve (12) months. SECTION 4. Effective with the payroll period beginning June 30, 2001, City shall pay a deferred compensation contribution into a City approved deferred compensation program, for enrolled regular full -time and regular part -time employees, and the contribution amount shall be as follows: City Manager - Three percent (3.0 %) of gross base salary, Department Head positions - two and one -half percent (2.5 %) of gross base salary, and all other Management and * * * An employee in a designated hourly position may be hired as regular part-time, consistent with the definition in the City's Personnel Rules. itttrrr v' 4 .F v V Resolution No. 2002 - Page 4 Competitive Service regular full -time and regular part -time positions - Two percent (2.0o) of gross base salary. Gross base salary is defined as wages paid as described in the Salary Plan (reference Section 3. herein) plus any additional wages paid to the employee which are calculated as a percent of the Salary Plan wages (excluding deferred compensation payment). SECTION S. fir€ €ee:lcive with the -pale 30, 2601; The City shall pay compensation for Spanish language bilingual skills to regular non - competitive and competitive service employees, consistent with the rate and qualification requirements approved in a Memorandum of Agreement between the City of Moorpark and the Service Employees International Union AFL- CIO,CLC, Local 998 at the rare— f thirty eents ($.30) 1, pew fe all Heir& 1 leave, disability, n �z 0 ) heurs per week f these regular empleyees with Qualification for thisbilingual pay shall be determined by the City Manager at his or her sole discretion. SECTION 6. Implementation of salary adjustments for positions noted in Section 1., herein, shall be limited by the performance review system. Employees shall be evaluated prior to their anniversary date, and salary adjustments shall be effective as of the first day of the pay period in which the anniversary date occurs. SECTION 7. The implementation of this Salary Plan shall be applicable to the payroll period beginning July 12, 2002, except as otherwise indicated in Section 4 herein. SECTION 8. Resolution No. 2001 -1882 is hereby rescinded in its entirety. SECTION 9. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 17th day of July, 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Exhibit A: Salary Tables (Hourly, Bi- weekly, Monthly, and Annual) Resolution 2002 - Page 5 EXHIBIT A CITY OF MOORPARK HOURLY SALARY SCHEDULE EFFECTIVE JULY 12, 2002 RANGE STEP A STEP B STEP C STEP D STEP E STEP F STEP G STEP H STEP I STEP J STEP K STEP L STEP M 6 6.48 6.64 6.81 6.98 7.16 7.33 7.52 7.71 7.90 8.10 8.30 8.51 8.72 7 6.64 6.81 6.98 7.16 7.33 7.52 7.71 7.90 8.10 8.30 8.51 8.72 8.94 8 6.81 6.98 7.16 7.33 7.52 7.71 7.90 8.10 8.30 8.51 8.72 8.94 9.16 9 6.98 7.16 7.33 7.52 7.71 7.90 8.10 8.30 8.51 8.72 8.94 9.16 9.39 10 7.16 7.33 7.52 7.71 7.90 8.10 8.30 8.51 8.72 8.94 9.16 9.39 9.62 11 7.33 7.52 7.71 7.90 8.10 8.30 8.51 8.72 8.94 9.16 9.39 9.62 9.86 12 7.52 7.71 7.90 8.10 8.30 8.51 8.72 8.94 9.16 9.39 9.62 9.86 10.11 13 7.71 7.90 8.10 8.30 8.51 8.72 8.94 9.16 9.39 9.62 9.86 10.11 10.36 14 7.90 8.10 8.30 8.51 8.72 8.94 9.16 9.39 9.62 9.86 10.11 10.36 10.62 15 8.10 8.30 8.51 8.72 8.94 9.16 9.39 9.62 9.86 10.11 10.36 10.62 10.89 16 8.30 8.51 8.72 8.94 9.16 9.39 9.62 9.86 10.11 10.36 10.62 10.89 11.16 17 8.51 8.72 8.94 9.16 9.39 9.62 9.86 10.11 10.36 10.62 10.89 11.16 11.44 18 8.72 8.94 9.16 9.39 9.62 9.86 10.11 10.36 10.62 10.89 11.16 11.44 11.72 19 8.94 9.16 9.39 9.62 9.86 10.11 10.36 10.62 10.89 11.16 11.44 11.72 12.02 20 9.16 9.39 9.62 9.86 10.11 10.36 10.62 10.89 11.16 11.44 11.72 12.02 12.32 21 9.39 9.62 9.86 10.11 10.36 10.62 10.89 11.16 11.44 11.72 12.02 12.32 12.63 22 9.62 9.86 10.11 10.36 10.62 10.89 11.16 11.44 11.72 12.02 12.32 12.63 12.94 23 9.86 10.11 10.36 10.62 10.89 11.16 11.44 11.72 12.02 12.32 12.63 12.- 94 13.26 24 10.11 10.36 10.62 10.89 11.16 11.44 11.72 12.02 12.32 12.63 12.94 13.26 13.60 25 10.36 10.62 10.89 11.16 11.44 11.72 12.02 12.32 12.63 12.94 13.26 13.60 13.94 26 10.62 10.89 11.16 11.44 11.72 12.02 12.32 12.63 12.94 13.26 13.60 13.94 14.28 27 10.89 11.16 11.44 11.72 12.02 12.32 12.63 12.94 13.26 13.60 13.94 14.28 14.64 28 11.16 11.44 11.72 12.02 12.32 12.63 12.94 13.26 13.60 13.94 14.28 14.64 15.01 29 11.44 11.72 12.02 12.32 12.63 12.94 13.26 13.60 13.94 14.28 14.64 15.01 15.38 30 11.72 12.02 12.32 12.63 12.94 13.26 13.60 13.94 14.28 14.64 15.01 15.38 15.77 31 12.02 12.32 12.63 12.94 13.26 13.60 13.94 14.28 14.64 15.01 15.38 15.77 16.16 32 12.32 12.63 12.94 13.26 13.60 13.94 14.28 14.64 15.01 15.38 15.77 16.16 16.56 33 12.63 12.94 13.26 13.60 13.94 14.28 14.64 15.01 15.38 15.77 16.16 16.56 16.98 34 12.94 13.26 13.60 13.94 14.28 14.64 15.01 15.38 15.77 16.16 16.56 16.98 17.40 35 13.26 13.60 13.94 14.28 14.64 15.01 15.38 15.77 16.16 16.56 16.98 17.40 17.84 36 13.60 13.94 14.28 14.64 15.01 15.38 15.77 16.16 16.56 16.98 17.40 17.84 18.28 37 13.94 14.28 14.64 15.01 15.38 15.77 16.16 16.56 16.98 17.40 17.84 18.28 18.74 38 14.28 14.64 15.01 15.38 15.77 16.16 16.56 16.98 17.40 17.84 18.28 18.74 19.21 -' 39 14.64 15.01 15.38 15.77 16.16 16.56 16.98 17.40 17.84 18.28 18.74 19.21 19.69 40 15.01 15.38 15.77 16.16 16.56 16.98 17.40 17.84 18.28 18.74 19.21 19.69 20.18 41 15.38 15.77 16.16 16.56 16.98 17.40 17.84 18.28 18.74 19.21 19.69 20.18 20.69 42 15.77 16.16 16.56 16.98 17.40 17.84 18.28 18.74 19.21 19.69 20.18 20.69 21.20 43 16.16 16.56 16.98 17.40 17.84 18.28 18.74 19.21 19.69 20.18 20.69 21.20 21.73 Resolution 2002 - Page 6 EXHIBIT A CITY OF MOORPARK HOURLY SALARY SCHEDULE EFFECTIVE JULY 12, 2002 RANGE STEP A STEP B STEP C STEP D STEP E STEP F STEP G STEP H STEP I STEP J STEP K STEP L STEP M 44 16.56 16.98 17.40 17.84 18.28 18.74 19.21 19.69 20.18 20.69 21.20 21.73 22.28 45 16.98 17.40 17.84 18.28 18.74 19.21 19.69 20.18 20.69 21.20 21.73 22.28 22.83 46 17.40 17.84 18.28 18.74 19.21 19.69 20.18 20.69 21.20 21.73 22.28 22.83 23.40 47 17.84 18.28 18.74 19.21 19.69 20.18 20.69 21.20 21.73 22.28 22.83 23.40 23.99 48 18.28 18.74 19.21 19.69 20.18 20.69 21.20 21.73 22.28 22.83 23.40 23.99 24.59 49 18.74 19.21 19.69 20.18 20.69 21.20 21.73 22.28 22.83 23.40 23.99 24.59 25.20 50 19.21 19.69 20.18 20.69 21.20 21.73 22.28 22.83 23.40 23.99 24.59 25.20 25.83 51 19.69 20.18 20.69 21.20 21.73 22.28 22.83 23.40 23.99 24.59 25.20 25.83 26.48 52 20.18 20.69 21.20 21.73 22.28 22.83 23.40 23.99 24.59 25.20 25.83 26.48 27.14 53 20.69 21.20 21.73 22.28 22.83 23.40 23.99 24.59 25.20 25.83 26.48 27.14 27.82 54 21.20 21.73 22.28 22.83 23.40 23.99 24.59 25.20 25.83 26.48 27.14 27.82 28.52 55 21.73 22.28 22.83 23.40 23.99 24.59 25.20 25.83 26.48 27.14 27.82 28.52 29.23 56 22.28 22.83 23.40 23.99 24.59 25.20 25.83 26.48 27.14 27.82 28.52 29.23 29.96 57 22.83 23.40 23.99 24.59 25.20 25.83 26.48 27_14 27.82 28.52 29.23 29.96 30.71 58 23.40 23.99 24.59 25.20 25.83 26.48 27.14 27.82 28.52 29.23 29.96 30.71 31.48 59 23.99 24.59 25.20 25.83 26.48 27.14 27.82 28.52 29.23 29.96 30.71 31.48 32.26 60 24.59 25.20 25.83 26.48 27.14 27.82 28.52 29.23 29.96 30.71 31.48 32.26 33.07 61 25.20 25.83 26.48 27.14 27.82 28.52 29.23 29.96 30.71 31.48 32.26 33.07 33.90 62 25.83 26.48 27.14 27.82 28.52 29.23 29.96 30.71 31.48 32.26 33.07 33.90 34.74 63 26.48 27.14 27.82 28.52 29.23 29.96 30.71 31.48 32.26 33.07 33.90 34.74 35.61 64 27.14 27.82 28.52 29.23 29.96 30.71 31.48 32.26 33.07 33.90 34.74 35.61 36.50 65 27.82 28.52 29.23 29.96 30.71 31.48 32.26 33.07 33.90 34.74 35.61 36.50 37.42 66 28.52 29.23 29.96 30.71 31.48 32.26 33.07 33.90 34.74 35.61 36.50 37.42 38.35 67 29.23 29.96 30.71 31.48 32.26 33.07 33.90 34.74 35.61 36.50 37.42 38.35 -39- .31 68 29.96 30.71 31.48 32.26 33.07 33.90 34.74 35.61 36.50 37.42 38.35 39.31 40.29 69 30.71 31.48 32.26 33.07 33.90 34.74 35.61 36.50 37.42 38.35 39.31 40.29 41.30 70 31.48 32.26 33.07 33.90 34.74 35.61 36.50 37.42 38.35 39.31 40.29 41.30 42.33 71 32.26 33.07 33.90 34.74 35.61 36.50 37.42 38.35 39.31 40.29 41.30 42.33 43.39 72 33.07 33.90 34.74 35.61 36.50 37.42 38.35 39.31 40.29 41.30 42.33 43.39 44.47 73 33.90 34.74 35.61 36.50 37.42 38.35 39.31 40.29 41.30 42.33 43.39 44.47 45.59 74 34.74 35.61 36.50 37.42 38.35 39.31 40.29 41.30 42.33 43.39 44.47 45.59 46.73 75 35.61 36.50 37.42 38.35 39.31 40.29 41.30 42.33 43.39 44.47 45.59 46.73 47.89 76 36.50 37.42 38.35 39.31 40.29 41.30 42.33 43.39 44.47 45.59 46.73 47.89 49.09 77 37.42 38.35 39.31 40.29 41.30 42.33 43.39 44.47 45.59 46.73 47.89 49.09 50.32 78 38.35 39.31 40.29 41.30 42.33 43.39 44.47 45.59 46.73 47.89 49.09 50.32 51.58 79 39.31 40.29 41.30 42.33 43.39 44.47 45.59 46.73 47.89 49.09 50.32 51.58 52.87 C� 80 40.29 41.30 42.33 43.39 44.47 45.59 46.73 47.89 49.09 50.32 51.58 52.87 54.19 81 41.30 42.33 43.39 44.47 45.59 46.73 47.89 49.09 50.32 51.58 52.87 54.19 55.54 Resolution 2002 - Page 7 EXHIBIT A CITY OF MOORPARK HOURLY SALARY SCHEDULE EFFECTIVE JULY 12, 2002 RANGE STEP A STEP B STEP C STEP D STEP E STEP F STEP G STEP H STEP I STEP J STEP K STEP L STEP M 82 42.33 43.39 44.47 45.59 46.73 47.89 49.09 50.32 51.58 52.87 54.19 55.54 56.93 83 43.39 44.47 45.59 46.73 47.89 49.09 50.32 51.58 52.87 54.19 55.54 56.93 58.35 84 44.47 45.59 46.73 47.89 49.09 50.32 51.58 52.87 54.19 55.54 56.93 58.35 59.81 85 45.59 46.73 47.89 49.09 50.32 51.58 52.87 54.19 55.54 56.93 58.35 59.81 61.31 86 46.73 47.89 49.09 50.32 51.58 52.87 54.19 55.54 56.93 58.35 59.81 61.31 62.84 87 47.89 49.09 50.32 51.58 52.87 54.19 55.54 56.93 58.35 59.81 61.31 62.84 64.41 88 49.09 50.32 51.58 52.87 54.19 55.54 56.93 58.35 59.81 61.31 62.84 64.41 66.02 89 50.32 51.58 52.87 54.19 55.54 56.93 58.35 59.81 61.31 62.84 64.41 66.02 67.67 90 51.58 52.87 54.19 55.54 56.93 58.35 59.81 61.31 62.84 64.41 66.02 67.67 69.36 91 52.87 54.19 55.54 56.93 58.35 59.81 61.31 62.84 64.41 66.02 67.67 69.36 71.10 92 54.19 55.54 56.93 58.35 59.81 61.31 62.84 64.41 66.02 67.67 69.36 71.10 72.87 93 55.54 56.93 58.35 59.81 61.31 62.84 64.41 66.02 67.67 69.36 71.10 72.87 74.70 94 56.93 58.35 59.81 61.31 62.84 64.41 66.02 67.67 69.36 71.10 72.87 74.70 76.56 95 58.35 59.81 61.31 62.84 64.41 66.02 67.67 69.36 71.10 72.87 74.70 76.56 78.48 C a `� Resolution 2002 - Page 8 EXHIBIT A CITY OF MOORPARK BI WEEKLY SALARY SCHEDULE EFFECTIVE JULY 12, 2002 RANGE STEP A STEP B STEP C STEP D STEP E STEP F STEP G STEP H 6 518.62 531.58 7 531.58 544.87 8 - - 544.87 558.49 - 9 558.49 572.45 10 572.45 586.75 11 586.75 601.42 12 601.42 616.45 13 616 -45 F,31 _R6 14 631.86 15 647.65 16 663.83 17 680.42 18 697.43 19 714.86 20 732.73 21 751.04 b4 /.b7 663.83 680.42 697.43 714.86 732.73 751.04 7fi9_H2 544.87 558.49 572.45 558.49 572.45 586.75 572.45 586.75 601.42 586.75 601.42 616.45 601.42 616.45 631.86 616.45 631.86 647.65 631.86 647.65 663.83 647.65 663.83 680.42 663.83 680.42 697.43 680.42 697.43 714.86 732.73 751.04 769.82 789.06 22 769.82 /oy.vb bva./a 23 789.06 808.78 828.99 24 808.78 828.99 849.71 25 828.99 849.71 870.95 26 849.71 870.95 892.72 27 870.95 892.72 915.03 697.43 714.86 714.86 732.73 586.75 601.42 601.42 616.45 616.45 631.86 631.86 647.65 647.65 663.83 616.45 631.86 647.65 663.83 680.42 STEP I STEP J STEP K STEP L STEP M 631.86 647.65 647.65 66_3.83 663.83 680.42 680.42 697.43 697.43 714.86 663.83 680.42 697.43 714.86 680.42 697.43 714.86 732.73 697.43 714.86 732.73 751.04 714.86 732.73 732.73 751.04 751.04 769.82 769.82 789.06 /71.V4 732.73 751.04 769.82 751.04 769.82 789.06 769.82 789.06 808.78 789.06 808.78 828.99 808.78 828.99 849.71 828.99 849.71 870.95 849.71 870.95 892.72 870.95 892.72 915.03 892.72 915.03 937.90 915.03 937.90 961.34 937.90 961.34 985.38 769.82 789.06 808.78 789.06 808.78 828.99 808.78 828.99 849.71 828.99 849.71 870.95 849.71 870.95 892.72 870.95 892.72 915.03 892.72 915.03 937.90 915.03 937.90 961.34 937.90 961.34 985.38 961.34 985.38 1,010.01 985.38 1,010.01 1,035.26 1,010.01 1,035.26 1,061.14 732.73 751.04 769.82 7aa nF a16a.yy 849.71 870.95 892.72 915.03 937.90 663.83 680.42 697.43 680.42 697.43 714.86 _ 697.43 714.86 732.73 714.86 732.73 751.04 732.73 751.04 769.82 751.04 769.82 789.06 769.82 789.06 808.78 789.06 808.78 828.99 808.78 828.99 849.71 828.99 849.71 870.95 849.71 870.95 892.72 870.95 892.72 915.03 892.72 915.03 937.90 91_5.03 937.90 961.34 937.90 961.34 985.38 961.34 985.38 1,010.01 961.34 985.38 1,010.01 1,035.26 985.38 1,010.01 1,035.26 1,061.14 1,010.01 1,035.26 1,061.14 1,087.66 1,035.26 1,061.14 1,087.66 1,114.85 1,061.14 1,087.66 1,114.85 1,142.71 1,087.66 1,114.85 1,142.71 1,171.27 28 892.72 915.03 937.90 961.34 985.38 1,010.01 1,035.26 1,061.14 1,087.66 1,114.85 1,142.71 1,171.27 1,200.55 29 915.03 937.90 961.34 985.38 1,010.01 1,035.26 1,061.14 1,087.66 1,114.85 1,142.71 1,171.27 1,200.55 1,230.56 30 937.90 961.34 985.38 1,010.01 1,035.26 1,061.14 1,087.66 1,114.85 1,142.71 1,171.27 1,200.55 1,230.56 1,261.32 31 961.34 985.38 1,010.01 1,035.26 1,061.14 1,087.66 1,114.85 1,142.71 1,171.27 1,200.55 1,230.56 1,261.32 1,292.85 32 985.38 1,010.01 1,035.26 1,061.14 1,087.66 1,114.85 1,142.71 1,171.27 1,200.55 1,230.56 1,261.32 1,292.85 1,325.17 33 1,010.01 1,035.26 1,061.14 1,087.66 1,114.85 1,142.71 1,171.27 1,200.55 1,230.56 1,261.32 1,292.85 1325.17 1,358.30 34 1,035.26 1,061.14 1,087.66 1,114.85 1,142.71 1,171.27 1,200.55 1,230.56 1,261.32 1,292 85 1,325.17 1,358.30 1,392.25 35 1,061.14 1,087.66 1,114.85 1,142.71 1,171.27 1,200.55 1,230.56 1,261.32 1,292.85 1,325.17 1,358.30 1,392.25 1,427.05 36 1,087.66 1,114.85 1,142.71 1,171.27 1,200.55 1,230.56 1,261.32 1,292.85 1,325.17 1,358.30 1,392.25 1,427.05 1,462.72 37 1,114.85 1,142.71 1,171.27 1,200.55 1,230.56 1,261.32 1,292.85 1,325.17 1,358.30 1,392.25 1,427.05 1,462.72 1,499.29 38 1,142.71 1,171.27 1,200.55 1,230.56 1,261.32 1,292.85 1,325.17 1,358.30 1,392.25 1,427.05 1,462.72 1,499.29 1,536.77 39 1,171.27 1,200.55 1,230.56 1,261.32 1,292.85 1,325.17 1,358.30 1,392.25 1,427.05 1,462.72 1,499.29 1,536.77 1,575.18 40 1,200.55 1,230.56 1,261.32 1,292.85 1,325.17 1,358.30 1,392.25 1,427.05 1,462.72 1,499.29 1,536.77 1,575.18 1,614.56 41 1,230.56 1,261.32 1,292.85 1,325.17 1,358.30 1,392.25 1,427.05 1,462.72 1,499.29 1,536 77 1,575.18 1,614.56 1,654.92 42 1,261.32 1,292.85 1,325.17 1,358.30 1,392.25 1,427.05 1,462.72 1,499.29 1,536.77 1,575.18 1,614.56 1,654.92 1,696.29 43 1,292.85 1,325.17 11358.30 1,392.25 1,427.05 1,462.72 1,499.29 1,536.77 1,575.18 1,614.56 1,654.92 1,696.29 1,738.69 44 1,325.17 1,358.30 1,392.25 1,427.05 1,462.72 1,499.29 1,536.77 1,575.18 1,614.56 1,654.92 1,696.29 1,738.69 1,782.15 45 1,358.30 1,392.25 1,427.05 1,462.72 1,499.29 1,536.77 1,575.18 1,614.56 1,654.92 1,696.29 1,738.69 1,782.15 1,826.70 46 1,392.25 1,427.05 1,462.72 1,499.29 1,536.77 1,575.18 1,614.56 1,654.92 1,696.29 1,738.69 1,782.15 1 826.70 1,872.37 t 47 1,427.05 1,462.72 1,499.29 1,536.77 1,575.18 1,614.56 1,654.92 1,696.29 1,738.69 1,782.15 1,826.70 1,872.37 1,919.18 C y 48 1 462.72 1,499.29 1,536.77 1,575.18 1,614.56 1,654.92 1,696.29 1,738.69 1,782.15 1,826.70 1,872.37 1,919.18 1,967.15 f 49 1,499.29 1 536.77 1,575.18 1,614.56 1,654.92 1,696.29 1,738.69 1,782.15 1,826.70 1,872.37 1,919.18 1,967.15 2,016.33 50 11536.77 1,575.18 1,614.56 1,654.92 1,696.29 1,738.69 1,782.15 1,826.70 1,872.37 1,919.18 1,967.15 2,016.33 2,066.74 Resolution 2002 - Page 9 EXHIBIT A CITY OF MOORPARK BI WEEKLY SALARY SCHEDULE EFFECTIVE JULY 12, 2002 RANGE STEP A STEP B STEP C STEP D STEP E STEP F STEP G STEP H STEP I STEP J STEP K STEP L STEP M 51 1,575.18 1,614.56 1,654.92 1,696.29 1,738.69 1,782.15 1,826.70 1,872.37 1,919.18 1,967.15 2,016.33 2,066.74 2,118.40 52 1,614.56 1,654.92 1,696.29 1,738.69 1,782.15 1,826.70 1,872.37 1,919.18 1,967.15 2,016.33 2,066.74 2,118.40 2,171.36 53 1,654.92 1,696.29 1,738.69 1,782.15 1,826.70 1,872.37 1,919.18 1,967.15 2,016.33 2,066.74 2,118.40 2,171.36 2,225.64 54 1,696.29 1,738.69 1,782.15 1,826.70 1,872.37 1,919.18 1,967.15 2,016.33 2,066.74 2,118.40 2,171.36 2,225.64 2,281.28 55 1,738.69 1,782.15 1,826.70 1,872.37 1,919.18 1,967.15 2,016.33 2,066.74 2,118.40 2,171.36 2,225.64 2,281.28 2,338.31 56 1,782.15 1,826.70 1,872.37 1,919.18 1,967.15 2,016.33 2,066.74 2,118.40 2,171.36 2,225.64 2,281.28 2,338.31 2,396.77 57 1,826.70 1,872.37 1,919.18 1,967.15 2,016.33 2,066.74 2,118.40 2,171.36 2,225.64 2,281.28 2,338.31 2,396.77 2,456.68 58 1,872.37 11919.18 1,967.15 2,016.33 2,066.74 2,118.40 2,171.36 2,225.64 2,281.28 2,338.31 2,396 77 2,456.68 2,518.10 59 1,919.18 1,967.15 2,016.33 2,066.74 2,118.40 2,171.36 2,225.64 2,281.28 2,338.31 2,396.77 2,456 68 2,518.10 2,581.05 60 1,967.15 2,016.33 2,066.74 2,118.40 2,171.36 2,225.64 2,281.28 2,338.31 2,396.77 2,456.68 2,518 10 2,581.05 2,645.57 61 2,016.33 2,066.74 2,118.40 2,171.36 2,225.64 2,281.28 2,338.31 2,396.77 2,456.68 2,518.10 2,581.05 2,645.57 2,711.70 62 2,066.74 2,118.40 2,171.36 2,225.64 2,281.28 2,338.31 2,396.77 2,456.68 2,518.10 2,581.05 2,645.57 2,711.70 2,779.50 63 2,118.40 2,171.36 2,225.64 2,281.28 2,338.31 2,396.77 2,456.68 2,518.10 2,581.05 2,645.57 2 711.70 2,779.50 2,848.98 64 2,171.36 2,225.64 2,281.28 2,338.31 2,396.77 2,456.68 2,518.10 2,581.05 2,645.57 2,711.70 2,779.50 2,848.98 2,920.20 65 2,225.64 2,281.28 2,338.31 2,396.77 2,456.68 2,518.10 2,581.05 2,645.57 2,711.70 2,779.50 2,848.98 2,920.20 2,993.20 66 2,281.28 2,338.31 2,396.77 2,456.68 2,518.10 2,581.05 2,645.57 2,711.70 2,779.50 2,848.98 2,920.20 2,993.20 3,068.02 67 2,338.31 2,396.77 2,456.68 2,518.10 2,581.05 2,645.57 2,711.70 2,779.50 2,848.98 2,920.20 2,993.20 3,068.02 3,144.72 68 21396.77 2,456.68 2,518.10 2,581.05 2,645.57 2,711.70 2,779.50 2,848.98 2,920.20 2,993.20 3,068.02 3,144.72 3,223.34 69 2,456.68 2,518.10 2,581.05 2,645.57 2,711.70 2,779.50 2,848.98 2,920.20 2,993.20 3,068.02 3,144.72 3,223.34 3,303.91 70 2,518.10 2,581.05 2,645.57 2,711.70 2,779.50 2,848.98 2,920.20 2,993.20 3,068.02 3,144.72 3,223.34 3,303.91 3,386.50 71 2,581.05 2,645.57 2,711.70 2,779.50 2,848.98 2,920.20 2,993.20 3,068.02 3,144.72 3,223.34 3,303.91 3,386.50 3,471.16 72 2,645.57 2,711.70 2,779.50 2,848.98 2,920.20 2,993.20 3,068.02 3,144.72 3,223.34 3,303.91 3,386.50 3,471.16 3,557.94 73 21711.70 2,779.50 2,848.98 2,920.20 2,993.20 3,068.02 3,144.72 3,223.34 3,303.91 3,386.50 3,471.16 3,557.94 3,646.88 74 2,779.50 2,848.98 2,920.20 2,993.20 3,068.02 3,144.72 3,223.34 3,303.91 3,386.50 3,471.16 3,557.94 3,646.88 3,738.05 75 2,848.98 2,920.20 2,993.20 3,068.02 3,144.72 3,223.34 3,303.91 3,386.50 3,471.16 3,557.94 3,646.88 3,738.05 3,831.50 76 2,920.20 2,993.20 3,068.02 3,144.72 3,223.34 3,303.91 3,386.50 3,471.16 3,557.94 3,646.88 3,738.05 3,831.50 3,927.28 77 2,993.20 3,068.02 3,144.72 3,223.34 3,303.91 3,386.50 3,471.16 3,557.94 3,646.88 3,738.05 3,831.50 3,927.28 4,025.46 78 31068.02 3,144.72 3,223.34 3,303.91 3,386.50 3,471.16 3,557.94 3,646.88 3,738.05 3,831.50 3,927.28 4,025.46 4,126.09 79 3,144.72 3,223.34 3,303.91 3,386.50 3,471.16 3,557.94 3,646.88 3,738.05 3,831.50 3,927.28 4,025.46 4,126.09 4,229.2, 4 80 3,223.34 3,303.91 3,386.50 3,471.16 3,557.94 3,646.88 3,738.05 3,831.50 3,927.28 4,025.46 4,126.09 4,229.24 4,334.97 81 3,303.91 3,386.50 3,471.16 3,557.94 3,646.88 3,738.05 3,831.50 3,927.28 4,025.46 4,126.09 4,229.24 4,334.97 4,443.34 82 3,386.50 3,471.16 3,557.94 3,646.88 3,738.05 3,831.50 3,927.28 4,025.46 4,126.09 4,229.24 4,334.97 4,443.34 4,554.42 83 3,471.16 3,557.94 3,646.88 3,738.05 3,831.50 3,927.28 4,025.46 4,126.09 4,229.24 4,334.97 4,443.34 4,554.42 4,668.27 84 3,557.94 3,646.88 3,738.05 3,831.50 3,927.28 4,025.46 4,126.09 4,229.24 4,334.97 4,443.34 4,554.42 4,668.27 4,784.98 85 3,646.88 3,738.05 3,831.50 3,927.28 4,025.46 4,126.09 4,229.24 4,334.97 4,443.34 4,554.42 4,668.27 4,784.98 4,904.60 86 3,738.05 3,831.50 31927.28 4,025.46 4,126.09 4,229.24 4,334.97 4,443.34 4,554.42 4,668.27 4,784.98 4,904.60 5,027.21 87 3,831.50 3,927.28 4,025.46 4,126.09 4,229.24 4,334.97 4,443.34 4,554.42 4,668.27 4,784.98 4,904.60 5,027.21 5,152,89 88 3,927.28 4,025.46 4,126.09 4,229.24 4,334.97 4,443.34 4,554.42 4,668.27 4,784.98 4,904.60 5,027.21 5452.89 5,281.70 89 4,025.46 4,126.09 4,229.24 4,334.97 4,443.34 4,554.42 4,668.27 4,784.98 4,904.60 5,027.21 5,152.89 5,281.70 5,413.74 90 4,126.09 4,229.24 4,334.97 4,443.34 4,554.42 4,668.27 4,784.98 4,904.60 5,027.21 5,152.89 5,281.70 5,413.74 5,549.08 91 4,229.24 4,334.97 4,443.34 4,554.42 4,668.27 4,784.98 4,904.60 5,027.21 5,152.89 5,281.70 5,413.74 5,549.08 5,687.80 92 4,334.97 4,443.34 4,554.42 4,668.27 4,784.98 4,904.60 5,027.21 5,152.89 5,281.70 5,413.74 5,549.08 5,687.80 5,829.99 93 4,443.34 4,554.42 4,668.27 4,784.98 4,904.60 5,027.21 5,152.89 5,281.70 5,413.74 5,549.08 5,687.80 5,829.99 5,975.74 94 4,554.42 4,668.27 4,784.98 4,904.60 5,027.21 5,152.89 5,281.70 5,413.74 5,549.08 5,687.80 5,829.99 5,975.74 6,125.13 95 4,668.27 4,784.98 4,904.60 5,027.21 5,152.89 5,281.70 5,413.74 5,549.08 5,687.80 5,829.99 5,975.74 6,125.13 6,278.26 Resolution 2002 - Page 10 EXHIBIT A CITY OF MOORPARK MONTHLY SALARY SCHEDULE EFFECTIVE JULY 12, 2002 RANGE STEP A STEP B STEP C STEP D STEP E STEP F STEP G STEP H STEP I STEP J STEP K STEP L STEP M 6 1,123.71 1,151.81 1,180.60 1,210.12 1,240.37 1,271.38 1,303.16 1,335.74 1,369.14 1,403.37 1,438.45 1,474.41 1,511.27 7 1,151.81 1,180.60 1,210.12 1,240.37 1,271.38 1,303.16 1,335.74 1,369.14 1,403.37 1,438.45 1,474.41 1,511.27 1,549.05 8 1,180.60 1,210.12 1,240.37 1,271.38 1,303.16 1,335.74 1,369.14 1,403.37 1,438.45 1,474.41 1,511.27 1,549.05 1,587.78 9 1,210.12 1,240.37 1,271.38 1,303.16 1,335.74 1,369.14 1,403.37 1,438.45 1,474 41 1,511.27 1,549.05 1,587.78 1,627.47 10 1,240.37 1,271.38 1,303.16 1,335.74 1,369.14 1,403.37 1,438.45 1,474.41 1,511.27 1,549.05 1,587.78 1,627.47 1,668.16 11 1,271.38 1,303.16 1,335.74 1,369.14 1,403.37 1,438.45 1,474.41 1,511.27 1,549.05 1,587.78 1,627.47 1,668.16 1,709.86 12 1,303.16 1,335.74 1,369.14 1,403.37 1,438.45 1,474.41 1,511.27 1,549.05 1,587 78 1,627.47 1,668.16 1,709.86 1,752.61 13 1,335.74 1,369.14 1,403.37 1,438.45 1,474.41 1,511.27 1,549.05 1,587.78 1,627. 47 1,668.16 1,709.86 1,752.61 1,796.43 14 1,369.14 1,403.37 1,438.45 1,474.41 1,511.27 1,549.05 1,587.78 1,627.47 1,668.16 1,709.86 1,752.61 1,796.43 1,841.34 15 1,403.37 1,438.45 1,474.41 1,511.27 1,549.05 1,587.78 1,627.47 1,668.16 1,709.86 1,752.61 1,796.43 1,841.34 1,887.37 16 1,438.45 1,474.41 1,511.27 1,549.05 1,587.78 1,627.47 1,668.16 1,709.86 1,752.61 1,796.43 1,841.34 1,887.37 1,934.55 17 1,474.41 1,511.27 1,549.05 1,587.78 1,627.47 1,668.16 1,709.86 1,752.61 1,796.43 1,841.34 1,887.37 1,934.55 1,982.92 18 1,511.27 1,549.05 1,587.78 1,627.47 1,668.16 1,709.86 1,752.61 1,796.43 1,841.34 1,887.37 1,934.55 1,982.92 2,032.49 19 1,549.05 1,587.78 1,627.47 1,668.16 1,709.86 1,752.61 1,796.43 1,841.34 1,887.37 — —_ 1,934.55 1,982.92 — — 2,032.49 — 2,083.30 - -- 20 — _ 1,587.78 1,627.47 —. 1,668.16 1,709.86 1,752.61 1,796.43 - -— — 1,841.34 - - - - - -- 1,887.37 1,934.55 1,982.92 2,032.49 2,083.30 2,135.39 21 1,627.47 1,668.16 1,709.86 1,752.61 1,796.43 1,841.34 1,887.37 1,934.55 1,982.92 2,032.49 2,083.30 2,135.39 2,188.77 22 1,668.16 1,709.86 1,752.61 1,796.43 1,841.34 1,887.37 1,934.55 1,982.92 2,032.49 2,083.30 2,135.39 2,188.77 2,243.49 23 1,709.86 1,752.61 1,796.43 1,841.34 1,887.37 1,934.55 1,982.92 2,032.49 2,083.30 2,135.39 2,188.77 2,243.49 2,299.58 24 1,752.61 1,796.43 1,841.34 1,887.37 1,934.55 1,982.92 2,032.49 2,083.30 2,135.39 2,186 77 2,243.49 2,299.58 2,357.07 25 1,796.43 1,841.34 1,887.37 1,934.55 1,982.92 2,032.49 2,083.30 2,135.39 2,188.77 2,243.49 2,299.58 2,357.07 2,415.99 26 11841.34 1,887.37 1,934.55 1,982.92 2,032.49 2,083.30 2,135.39 2,188.77 2,243.49 2,299 58 2,357.07 2,415.99 2,476.39 27 1,887.37 1,934.55 1,982.92 2,032.49 2,083.30 2,135.39 2,188.77 2,243.49 21 299.58 2,357.07 2,415.99 2,476.39 2,538.30 28 1,934.55 1,982.92 2,032.49 2,083.30 2,135.39 2,188.77 2,243.49 2,299.58 2,357.07 2,415.99 2,476.39 2,538.30 2,601.76 29 1,982.92 2,032.49 2,083.30 2,135.39 2,188.77 2,243.49 2,299.58 2,357.07 2,415.99 2,476.39 2,538.30 2,601.76 2,666.81 30 2,032.49 2,083.30 2,135.39 2,188.77 2,243.49 2,299.58 2,357.07 2,415.99 2,476.39 2,538.30 2,601.76 2,666.81 2,733.48 31 2,083.30 2,135.39 2,188.77 2,243.49 2,299.58 2,357.07 2,415.99 2,476.39 2,538.30 2,601.76 2,666.81 2,733.48 2,801.81 32 2,135.39 2,188.77 2,243.49 2,299.58 2,357.07 2,415.99 2,476.39 2,538.30 2,601.76 2,666.81 2,733.48 2,801.81 2,871.86 33 2,188.77 2,243.49 2,299.58 2,357.07 2,415.99 2,476.39 2,538.30 2,601.76 2,666.81 2,733.48 2,801.81 2,871.86 2,943.65 34 2,243.49 2,299.58 2,357.07 2,415.99 2,476.39 2,538.30 2,601.76 2,666.81 2,733.48 2,801.81 2,871.86 2,943.65 3,017.25 35 2,299.58 2,357.07 2,415.99 2,476.39 2,538.30 2,601.76 2,666.81 2,733.48 2,801.81 2,871.86 2,943.65 3,017.25 3,092.68 36 2,357.07 2,415.99 2,476.39 2,538.30 2,601.76 2,666.81 2,733.48 2,801.81 2,871.86 2,943.65 3,017.25 3,092.68 3,169.99 37 21415.99 2,476.39 2,538.30 2,601.76 2,666.81 2,733.48 2,801.81 2,871.86 2,943.65 3,017 25 3,092.68 3,169.99 3,249.24 38 2,476.39 2,538.30 2,601.76 2,666.81 2,733.48 2,801.81 2,871.86 2,943.65 3,017 25 3,092.68 3,169.99 3,249.24 3,330.47 39 2,538.30 2,601.76 2,666.81 2,733.48 2,801.81 2,871.86 2,943.65 3,017.25 3,092.68 3,169.99 3,249.24 3,330.47 3,413.74 40 2,601.76 21666.81 2,733.48 2,801.81 2,871.86 2,943.65 3,017.25 3,092.68 3,169.99 3,249.24 3,330.47 3,413.74 3,499.08 41 2,666.81 2,733.48 2,801.81 2,871.86 2,943.65 3,017.25 3,092.68 3,169.99 3,249.24 3,330.47 3f413.74 3,499.08 3,586.56 42 2,733.48 2,801.81 21871.86 2,943.65 3,017.25 3,092.68 3,169.99 3,249.24 3,330.47 3,413.74 3 499.08 3,586.56 3,676.22 43 2,801.81 2,871.86 2,943.65 3,017.25 3,092.68 3,169.99 3,249.24 3,330.47 3,413.74 3,499.08 3,586.56 3,676.22 3,768.13 44 2,871.86 2,943.65 3,017.25 3,092.68 3,169.99 3,249.24 3,330.47 3,413.74 3,499.08 3,586.56 3,676.22 3,768.13 3,862.33 ( 45 2,943.65 31017.25 3,092.68 3,169.99 3,249.24 3,330.47 3,413.74 3,499.08 3,586.56 3,676.22 3,768.13 3,862.33 3,958.89 k 46 3,017.25 3,092.68 3,169.99 3,249.24 3,330.47 3,413.74 3,499.08 3,586.56 3,676.22 3,768.13 3,862.33 3,958.89 4,057.86 47 3,092.68 3,169.99 3,249.24 3,330.47 3,413.74 3,499.08 3,586.56 3,676.22 3,768.13 3,862.33 3,958.89 4,057.86 4,159.31 ui 48 3,169.99 3,249.24 3,330.47 3,413.74 3,499.08 3,586.56 3,676.22 3,768.13 3,862.33 3,958.89 4,057.86 9,159.31 4,263.29 a`` 49 3,249.24 3,330.47 3,413.74 3,499.08 3,586.56 3,676.22 3,768.13 3,862.33 3,958.89 4,057.86 4,159.31 4,263.29 4,369.87 50 3,330.47 3,413.74 3,499.08 3,586.56 3,676.22 3,768.13 3,862.33 3,958.89 4,057.86 4,159.31 4,263.29 4,369.87 4,479.12 Resolution 2002 - Page 11 EXHIBIT A CITY OF MOORPARK MONTHLY SALARY SCHEDULE EFFECTIVE JULY 12, 2002 RANGE STEP A STEP B STEP C STEP D STEP E STEP F STEP G STEP H STEP I STEP J STEP K STEP L STEP M 51 3,413.74 3,499.08 3,586.56 3,676.22 3,768.13 3,862.33 3,958.89 4,057.86 4,159.31 4,263.29 4,369.87 4,479.12 4,591.10 52 3,499.08 3,586.56 3,676.22 3,768.13 3,862.33 3,958.89 4,057.86 4,159.31 4,263.29 4,369.87 4,479.12 4,591.10 4,705.8, 7 53 3,586.56 3,676.22 3,768.13 3,862.33 3,958.89 4,057.86 4,159.31 4,263.29 4,369.87 4,479.12 4,591.10 4,705.87 4,823.52 54 3,676.22 3,768.13 3,862.33 3,958.89 4,057.86 4,159.31 4,263.29 4,369.87 4,479.12 4,591.10 4,705.87 4,823.52 4,944.11 55 31768.13 3,862.33 3,958.89 4,057.86 4,159.31 4,263.29 4,369.87 4,479.12 4,591.10 4,705.87 4,823.52 4,944.11 5,067.71 56 3,862.33 3,958.89 4,057.86 4,159.31 4,263.29 4,369.87 4,479.12 4,591.10 4,705.87 4,823.52 4,944.11 5,067.71 5,194.40 57 3,958.89 4,057.86 4,159.31 4,263.29 4,369.87 4,479.12 4,591.10 4,705.87 4,823.52 4,944.11 5,067.71 5,194.40 5,324. .26 58 4,057.86 4,159.31 4,263.29 4,369.87 4,479.12 4,591.10 4,705.87 4,823.52 4,944.11 5,067.71 5,194.40 5,324.26 5,457.37 59 4,159.31 4,263.29 4,369.87 4,479.12 4,591.10 4,705.87 4,823.52 4,944.11 5,067.71 5,194 40 5,324.26 5,457.37 5,593.80 60 4,263.29 4,369.87 4,479.12 4,591.10 4,705.87 4,823.52 4,944.11 5,067.71 5,194.40 5,324 26 5,457.37 5,593.80 5,733.65 61 4,369.87 4,479.12 4,591.10 4,705.87 4,823.52 4,944.11 5,067.71 5,194.40 5,324.26 5,457.37 5,593.80 5,733.65 5,876.99 62 4,479.12 4,591.10 4,705.87 4,823.52 4,944.11 5,067.71 5,194.40 5,324.26 5,457.37 5,593.80 5,733.65 5,876.99 6,023-.- 92 63 4,591.10 4,705.87 4,823.52 4,944.11 5,067.71 5,194.40 5,324.26 5,457.37 5,593.80 5,733.65 5,876.99 6,023.92 6,174.51 64 4,705.87 4,823.52 41944.11 5,067.71 5,194 40 5,324.26 5,457.37 5,593.80 5,733.65 5,876.99 6,023.92 6,174.51 6,328.88 65 4,823.52 4,944.11 5,067.71 5,194.40 5,324.26 5,457.37 5,593.80 5,733.65 5,876.99 6,023.92 6,174.51 6,328.88 6,487.10 66 41944.11 5,067.71 5,194.40 5,324.26 5,457.37 5,593.80 5,733.65 5,876.99 6,023.92 6,174.51 6,328.88 6,487.10 6,649.28 67 5,067.71 5,194.40 5,324.26 5,457.37 5,593.80 5,733.65 5,876.99 6,023.92 6,174.51 6,328.88 6,487.10 6,649.28 6,815.51 68 5,194.40 5,324.26 5,457.37 5,593.80 5,733.65 5,876.99 6,023.92 6,174.51 6,328.88 6,487.10 6,649.28 6,815.51 6,985.90 69 5,324.26 5,457.37 5,593.80 5,733.65 5,876.99 6,023.92 6,174.51 6,328.88 6,487.10 6,649.28 6,815.51 6,985.90 7,160.54 70 5,457.37 5,593.80 5,733.65 5,876.99 6,023.92 6,174.51 6,328.88 6,487.10 6,649.28 6,815.51 6,985.90 7,160.54 7,339.56 71 5,593.80 5,733.65 5,876.99 6,023.92 6,174.51 6,328.88 6,487.10 6,649.28 6,815.51 6,985.90 7,160.54 7,339.56 7,523.05 72 5,733.65 5,876.99 6,023.92 6,174.51 6,328.88 6,487.10 6,649.28 6,815.51 6,985.90 7,160.54 7,339.56 7,523.05 7,711.12 73 5,876.99 6,023.92 6,174.51 6,328.88 6,487.10 6,649.28 6,815.51 6,985.90 7,160.54 7,339.56 7,523.05 7,711.12 7,903.90 74 6,023.92 6,174.51 6,328.88 6,487.10 6,649.28 6,815.51 6,985.90 7,160.54 7,339.56 7,523.05 7,711.12 7,903.90 8,101.50 75 6,174.51 6,328.88 6,487.10 6,649.28 6,815.51 6,985.90 7,160.54 7,339.56 7,523.05 7,711.12 7,903.90 8,101.50 8,304.03 76 6,328.88 6,487.10 6,649.28 6,815.51 6,985.90 7,160.54 7,339.56 7,523.05 7,711.12 7,903.90 8,101.50 8,304.03 8,511.64 77 6,487.10 6,649.28 6,815.51 6,985.90 7,160.54 7,339.56 7,523.05 7,711.12 7,903.90 8,101.50 8,304.03 8,511.64 8,724.43 78 6,649.28 6,815.51 6,985.90 7,160.54 7,339.56 7,523.05 7,711.12 7,903.90 8,101.50 8,304.03 8,511.64 8,724.43 8,942.54 79 6,815.51 6,985.90 7,160.54 7,339.56 7,523.05 7,711.12 7,903.90 8,101.50 8,304.03 8,511.64 8,724.43 8,942.54 9,166.10 80 61985.90 7,160.54 7,339.56 7,523.05 7,711.12 7,903.90 8,101.50 8,304.03 8,511.64 8,724.43 8,942.54 9,166.10 9,395.25 81 7,160.54 7,339.56 7,523.05 7,711.12 7,903.90 8,101.50 8,304.03 8,511.64 8,724.43 8,942.54 9,166.10 9,395.25 9,630.13 82 7,339.56 7,523.05 7,711.12 7,903.90 8,101.50 8,304.03 8,511.64 8,724.43 8,942.54 9,166.10 9,395.25 9,630.13 9,870.89 83 7,523.05 7,711.12 7,903.90 8,101.50 8,304.03 8,511.64 8,724.43 8,942.54 9,166.10 9,395.25 9,630.13 9,870.89 10,117.66 84 7,711.12 7,903.90 8,101.50 8,304.03 8,511.64 8,724.43 8,942.54 9,166.10 9,395.25 9,630.13 9,870.89 10,117.66 10,370.60 85 7,903.90 8,101.50 8,304.03 8,511.64 8,724.43 8,942.54 9,166.10 9,395.25 9,630.13 9,870.89 10,117.66 10,370.60 10,629.87 86 8,101.50 8,304.03 8,511.64 8,724.43 8,942.54 9,166.10 9,395.25 9,630.13 9,870.89 10,117.66 10,370.60 10,629.87 10,895.61 87 8,304.03 8,511.64 8,724.43 8,942.54 9,166.10 9,395.25 9,630.13 9,870.89 10,117.66 10,370.60 10,629.87 10,895.61 11,168.00 ' 88 8,511.64 8,724.43 8,942.54 9,166.10 9,395.25 9,630.13 9,870.89 10,117.66 10,370.60 10,629.87 10,895.61 11,168.00 111447.20 89 81724.43 8,942.54 9,166.10 9,395.25 9,630.13 9,870.89 10,117.66 10,370.60 10,629.87 10,895.61 11,168.00 11,447.20 11,733.38 90 8,942.54 9,166.10 9,395.25 9,630.13 9,870.89 10,117.66 10,370.60 10,629.87 10,895.61 11,168.00 11 447.20 11 733.38 12,026.72 t 91 9,166.10 9,395.25 9,630.13 9,870.89 10,117.66 10,370.60 10,629.87 10,895.61 11,168.00 11,447.20 11,733.38 12,026.72 12,327.39 E 92 9,395.25 9,630.13 9,870.89 10,117.66 10,370.60 10,629.87 10,895.61 11,168.00 11,447.20 11,733.38 12,026.72 12,327.39 12,635.57 F'1 93 9,630.13 9,870.89 10,117.66 10,370.60 10,629.87 10,895.61 11,168.00 11,447.20 11,733.38 12,026.72 12,327.39 12,635.57 12,951.46 94 9,870.89 10,117.66 10,370.60 10,629.87 10,895.61 11,168.00 11,447.20 11,733.38 12,026.72 12,327.39 12,635.57 12,951.46 13,275.25 95 10,117.66 10,370.60 10,629.87 10,895.61 11,168.00 11,447.20 11,733.38 12,026.72 12,327.39 12,635.57 12,951.46 13,275.25 13,607.13 Resolution 2002 - Page 12 EXHIBIT A CITY OF MOORPARK ANNUAL SALARY SCHEDULE EFFECTIVE JULY 12, 2002 RANGE STEP A STEP B STEP C STEP D STEP E STEP F STEP G STEP H STEP I STEP J STEP K STEP L STEP M 6 13,484.22 13,821.18 14,166.67 14,520.69 14,883.65 15,255.55 15,636.82 16,027.65 16,428.26 16,838.85 17,259.63 17,691.02 18,133.23 7 13,821.18 14,166.67 14,520.69 14,883.65 15,255.55 15,636.82 16,027.65 16,428.26 16,838.85 17,259.63 17,691.02 18,133.23 18,586.46 8 14,166.67 14,520.69 14,883.65 15,255.55 15,636.82 16,027.65 16,428.26 16,838.85 17,259.63 17,691.02 18,133.23 18,586.46 19,050.93 9 14,520.69 14,883.65 15,255.55 15,636.82 16,027.65 16,428.26 16,836.85 17,259.63 17,691.02 18,133.23 18,586.46 19,050.93 19,527.04 10 14,883.65 15,255.55 15,636.82 16,027.65 16,428.26 16,838.85 17,259.63 17,691.02 18,133.23 18,586.46 19,050.93 19,527.04 20,015.22 11 15,255.55 15,636.82 16,027.65 16,428.26 16,838.85 17,259.63 17,691.02 18,133.23 18,586.46 19,050.93 19,527.04 20,015.22 20,515.46 12 15,636.82 16,027.65 16,428.26 16,838.85 17,259.63 17,691.02 18,133.23 18,586.46 19,050.93 19,527.04 20,015.22 20,515.46 21,028.18 13 16,027.65 16,428.26 16,838.85 17,259.63 17,691.02 18,133.23 18,586.46 19,050.93 19,527.04 20,015.22 20,515.46 21,028.18 21,553.79 14 16,428.26 16,838.85 17,259.63 17,691.02 18,133.23 18,586.46 19,050.93 19,527.04 20,015.22 20,515.46 21,028.18 21,553.79 22,092.51 15 16,838.85 17,259.63 17,691.02 18,133.23 18,586.46 19,050.93 19,527.04 20,015.22 20,515.46 21,028.18 21,553.79 22,092.51 22,644.75 16 17,259.63 17,691.02 18,133.23 18,586.46 19,050.93 19,527.04 20,015.22 20,515.46 21,028.18 21,553.79 22,092.51 22,644.75 23,210.72 17 17,691.02 18,133.23 18,586.46 19,050.93 19,527.04 20,015.22 20,515.46 21,028.18 21,553.79 22,092.51 22,644.75 23,210.72 23,790.83 18 18,133.23 18,586.46 19,050.93 19,527.04 20,015.22 20,515.46 21,028.18 21,553.79 22,092.51 22,644.75 23,210.72 23,790.83 24,385.50 19 18,586.46 19,050.93 19,527.04 20,015.22 20,515.46 21,028.18 21,553.79 22,092.51 22,644.75 23,210.72 23,790.83 24,385.50 24,994.94 20 19,050.93 19,527.04 20,015.22 20,515.46 21,028.18 21,553.79 22,092.51 22,644.75 23,210.72 23,790.83 24,385.50 24,994.94 25,619.78 21 19,527.04 20,015.22 20,515.46 21,028.18 21,553.79 22,092.51 22,644.75 23,210.72 23,790.83 24,385.50 24,994.94 25,619.78 26,260.21 22 20,015.22 20,515.46 21,028.18 21,553.79 22,092.51 22,644.75 23,210.72 23,790.83 24,385.50 24,994.94 25,619.78 26,260.21 26,916.66 23 20,515.46 21,028.18 21,553.79 22,092.51 22,644.75 23,210.72 23,790.83 24,385.50 24,994.94 25,619.78 26,260.21 26,916.66 27,589.54 24 21,028.18 21,553.79 22,092.51 22,644.75 23,210.72 23,790.83 24,385.50 24,994.94 25,619.78 26,260.21 26,916.66 27,589.54 28,279.26 25 21,553.79 22,092.51 22,644.75 23,210.72 23,790.83 24,385.50 24,994.94 25,619.78 26,260.21 26,916.66 27,589.54 28,279.26 28,986.05 26 22,092.51 22,644.75 23,210.72 23,790.83 24,385.50 24,994.94 25,619.78 26,260.21 26,916.66 27,589.54 28,279.26 28,986.05 29,710.51 27 22,644.75 23,210.72 23,790.83 24,385.50 24,994.94 25,619.78 26,260.21 26,916.66 27,589.54 28,279.26 28,986.05 29,710.51 30,453.07 28 23,210.72 23,790.83 24,385.50 24,994.94 25,619.78 26,260.21 26,916.66 27,589.54 28,279.26 28,986.05 29,710.51 30,453.07 31,214.35 29 23,790.83 24,385.50 24,994.94 25,619.78 26,260.21 26,916.66 27,589.54 28,279.26 28,986.05 29,710.51 30,453.07 31,214.35 31,994.56 30 24,385.50 24,994.94 25,619.78 26,260.21 26,916.66 27,589.54 28,279.26 28,986.05 29,710.51 30,453.07 31,214.35 31,994.56 32,794.32 31 24,994.94 25,619.78 26,260.21 26,916.66 27,589.54 28,279.26 28,986.05 29,710.51 30,453.07 31,214.35 31,994.56 32,794.32 33,614.05 32 25,619278 26,260.21 26,916.66 27,589.54 28,279.26 28,986.05 29,710.51 30,453.07 31,214.35 31,994.56 32,794.32 33,614.05 34,454.37 33 26,260.21 26,916.66 27,569.54 28,279.26 28,986.05 29,710.51 30,453.07 31,214.35 31,994.56 32,794.32 33,614.05 34,454.37 35,315.70 34 26,916.66 27,589.54 28,279.26 28,986.05 29,710.51 30,453.07 31,214.35 31,994.56 32,794.32 33,614.05 34,454.37 35,315.70 36,198.45 35 27,589.54 28,279.26 28,986.05 29,710.51 30,453.07 31,214.35 31,994.56 32,794.32 33,614.05 34,454.37 35,315.70 36,198.45 37,103.25 36 28,279.26 28,986.05 29,710.51 30,453.07 31,214.35 31,994.56 32,794.32 33,614.05 34,454.37 35,315.70 36,198.45 37,103.25 38,030.72 37 28,986.05 29,710.51 30,453.07 31,214.35 31,994.56 32,794.32 33,614.05 34,454.37 35,315.70 36,198.45 37,103.25 38,030.72 38,981.49 38 29,710.51 30,453.07 31,214.35 31,994.56 32,794.32 33,614.05 34,454.37 35,315.70 36,198.45 37,103.25 38,030.72 38,981.49 39,955.97 39 30,453.07 31,214.35 31,994.56 32,794.32 33,614.05 34,454.37 35,315.70 36,198.45 37,103.25 38,030.72 38,981.49 39,955.97 40,954.78 40 31,214.35 31,994.56 32,794.32 33,614.05 34,454.37 35,315.70 36,198.45 37,103.25 38,030.72 38,981.49 39,955.97 40,954.78 41,978.5_6 41 31,994.56 32,794.32 33,614.05 34,454.37 35,315.70 36,198.45 37,103.25 38,030.72 38,981.49 39,955.97 40,954.78 41,978.56 43,027.92 42 32,794.32 33,614.05 34,454.37 35,315.70 36,198.45 37,103.25 38,030.72 38,981.49 39,955.97 40,954.78 41,978.56 43,027.92 44,103.49 43 33,614.05 34,454.37 35,315.70 36,198.45 37,103.25 38,030.72 38,981.49 39,955.97 40,954.78 41,978.56 43,027.92 44,103.49 45,205.89 44 34,454.37 35,315.70 36,198.45 37,103.25 38,030.72 38,981.49 39,955.97 40,954.78 41,978.56 43,027.92 44,103.49 45,205.89 46,335.95 45 35,315.70 36,198.45 37,103.25 38,030.72 38,981.49 39,955.97 40,954.78 41,978.56 43,027.92 44,103.49 45,205.89 46,335.95 47,494.30 46 36,198.45 37,103.25 38,030.72 38,981.49 39,955.97 40,954.76 41,978.56 43,027.92 44,103.49 45,205.89 46,335.95 47,494.30 48,681.57 47 37,103.25 38,030.72 38,981.49 39,955.97 40,954.78 41,978.56 43,027.92 44,103.49 45,205.89 46,335.95 47,494.30 48,681.57 49,898.58 f 48 38,030.72 38,981.49 391955.97 40,954.78 41,978.56 43,027.92 44,103.49 45,205.89 46,335.95 47,494.30 48,681.57 49,898.58 51,145.95 ( 1 49 38,981.49 39,955.97 40,954.78 41,978.56 43,027.92 44,103.49 45,205.89 46,335.95 47,494.30 48,681.57 49,898.58 51,145.95 52,424.53 j 50 39,955.97 40,954.76 41,978.56 43,027.92 44,103.49 45,205.89 46,335.95 47,494.30 48,681.57 49,898.58 51,145.95 52,424.53 53,735.14 51 40,954.78 41,978.56 43,027.92 44,103.49 45,205.89 46,335.95 47,494.30 48,681.57 49,898.58 51,145.95 52,424.53 53,735.14 55,078.40 �-. 52 41,978.56 43,027.92 44,103.49 45,205.89 46,335.95 47,494.30 46,661.57 49,698.58 51,145.95 52,424.53 53,735.14 55,078.40 56,455.36 `�' 53 43,027.92 44,103.49 45,205.89 46,335.95 47,494.30 48,681.57 49,698.58 51,145.95 52,424.53 53,735.14 55,078.40 56,455.36 57,866.64 Resolution 2002 - Page 13 EXHIBIT A CITY OF MOORPARK ANNUAL SALARY SCHEDULE EFFECTIVE JULY 12, 2002 RANGE STEP A STEP B STEP C STEP D STEP E STEP F STEP G STEP H STEP I STEP J STEP K STEP L STEP M 54 44,103.49 45,205.89 46,335.95 47,494.30 48,681.57 49,898.58 51,145.95 52,424.53 53,735.14 55,078.40 56,455.36 57,866.64 59,313.28 55 45,205.89 46,335.95 47,494.30 48,681.57 49,898.58 51,145.95 52,424.53 53,735.14 55,078.40 56,455.36 57,866.64 59,313.28 60,796.11 56 46,335.95 47,494.30 48,681.57 49,898.58 51,145.95 52,424.53 53,735.14 55,078.40 56,455.36 57,866.64 59,313.28 60,796.11 62,315.97 57 47,494.30 48,681.57 49,898.58 51,145.95 52,424.53 53,735.14 55,078.40 56,455.36 57,866.64 59,313.28 60,796.11 62,315.97 63,873.68 58 48,681.57 49,898.58 51,145.95 52,424.53 53,735.14 55,078.40 56,455.36 57,866.64 59,313.28 60,796.11 62,315.97 63,873.68 65,470.50 59 49,898.58 51,145.95 52,424.53 53,735.14 55,078.40 56,455.36 57,866.64 59,313.28 60,796.11 62,315.97 63,873.68 65,470.50 67,107.25 60 51,145.95 52,424.53 53,735.14 55,078.40 56,455.36 57,866.64 59,313.28 60,796.11 62,315.97 63,873.68 65,470.50 67,107.25 68,784.77 61 52,424.53 53,735.14 55,078.40 56,455.36 57,866.64 59,313.28 60,796.11 62,315.97 63,873.68 65,470.50 67,107.25 68,784.77 70,504.30 62 53,735.14 55,078.40 56,455.36 57,866.64 59,313.28 60,796.11 62,315.97 63,873.68 65,470.50 67,107.25 68,784.77 70,504.30 72,266.90 63 55,078.40 56,455.36 57,866.64 59,313.28 60,796.11 62,315.97 63,873.68 65,470.50 67,107.25 68,784.77 70,504.30 72,266.90 74,073.38 64 56,455.36 57,866.64 59,313.28 60,796.11 62,315.97 63,873.68 65,470.50 67,107.25 68,784.77 70,504.30 72,266.90 74,073.38 75,925.20 65 57,866.64 59,313.28 60,796.11 62,315.97 63,873.68 65,470.50 67,107.25 68,784.77 70,504.30 72,266.90 74,073.38 75,925.20 77,823.20 66 59,313.28 60,796.11 62,315.97 63,873.68 65,470.50 67,107.25 68,784.77 70,504.30 72,266.90 74,073.38 75,925.20 77,823.20 79,768.62 67 60,796.11 62,315.97 63,873.68 65,470.50 67,107.25 68,784.77 70,504.30 72,266.90 74,073.38 75,925.20 77,823.20 79,768.62 81,762.72 68 62,315.97 63,873.68 65,470.50 67,107.25 68,784.77 70,504.30 72,266.90 74,073.38 75,925.20 77,823.20 79,768.62 81,762.72 83,806.74 69 63,873.68 65,470.50 67,107.25 68,784.77 70,504.30 72,266.90 74,073.38 75,925.20 77,823.20 79,768.62 81,762.72 83,806.74 85,901.71 70 65,470.50 67,107.25 68,784.77 70,504.30 72,266.90 74,073.38 75,925.20 77,823.20 79,768.62 81,762.72 83,806.74 85,901.71 88,049.10 71 67,107.25 68,784.77 70,504.30 72,266.90 74,073.38 75,925.20 77,823.20 79,768.62 81,762.72 83,806.74 85,901.71 88,049.10 90,250.16 72 68,784.77 70,504.30 72,266.90 74,073.38 75,925.20 77,823.20 79,768.62 81,762.72 83,806.74 85,901.71 88,049.10 90,250.16 92,506.34 73 70,504.30 72,266.90 74,073.38 75,925.20 77,823.20 79,768.62 81,762.72 83,806.74 85,901.71 88,049.10 90,250.16 92,506.34 94,818.88 74 72,266.90 74,073.38 75,925.20 77,823.20 79,768.62 81,762.72 83,806.74 85,901.71 88,049.10 90,250.16 92,506.34 94,818.88 97,189.25 75 74,073.38 75,925.20 77,823.20 79,768.62 81,762.72 83,806.74 85,901.71 88,049.10 90,250.16 92,506.34 94,818.88 97,189.25 99,618.90 76 75,925.20 77,823.20 79,768.62 81,762.72 83,806.74 85,901.71 88,049.10 90,250.16 92,506.34 94,818.88 97,189.25 99,618.90 102,109.28 77 77,823.20 79,768.62 81,762.72 83,806.74 85,901.71 88,049.10 90,250.16 92,506.34 94,818.88 97,189.25 99,618.90 102,109.28 104,661.86 78 79,768.62 81,762.72 83,806.74 85,901.71 88,049.10 90,250.16 92,506.34 94,818.88 97,189.25 99,618.90 102,109.28 104,661.86 107,278.29 79 81,762.72 83,806.74 85,901.71 88,04990 90,250.16 92,506.34 94,818.88 97,189.25 99,618.90 102,109.28 104,661.86 107,278.29 109,960.24 80 83,806.74 85,901.71 88,049.10 90,250.16 92,506.34 94,818.88 97,189.25 99,618.90 102,109.28 104,661.86 107,278.29 109,960.24 112,709.17 81 85,901.71 88,049.10 90,250.16 92,506.34 94,818.88 97,189.25 99,618.90 102,109.28 104,661.86 107,278.29 109,960.24 112,709.17 115,526.74 82 88,049.10 90,250.16 92,506.34 94,818.88 97,189.25 99,618.90 102,109.28 104,661.86 107,278.29 109,960.24 112,709.17 115,526.74 118,414.82 83 90,250.16 92,506.34 94,818.88 97,189.25 99,618.90 102,109.28 104,661.86 107,278.29 109,960.24 112,709.17 115,526.74 118,414.82 121,375.07 84 92,506.34 94,818.88 97,189.25 99,618.90 102,109.28 104,661.86 107,278.29 109,960.24 112,709.17 115,526.74 118,414.82 121,375.07 124,409.38 85 94,818.88 97,189.25 99,618.90 102,109.28 104,661.86 107,278.29 109,960.24 112,709.17 115,526.74 118,414.82 121,375.07 124,409.38 127,519.60 86 97,189.25 99,618.90 102,109.28 104,661.86 107,278.29 109,960.24 112,709.17 115,526.74 118,414.82 121,375.07 124,409.38 127,519.60 130,707.41 87 99,618.90 102,109.28 104,661.86 107,278.29 109,960.24 112,709.17 115,526.74 118,414.82 121,375.07 124,409.38 127,519.60 130,707.41 133,975.09 88 102,109.28 104,661.86 107,278.29 109,960.24 112,709.17 115,526.74 118,414.82 121,375.07 124,409.38 127,519.60 130,707.41 133,975.09 137,324.30 89 104,661.86 107,278.29 109,960.24 112,709.17 115,526.74 118,414.82 121,375.07 124,409.38 127,519.60 130,707.41 133,975.09 137,324.30 140,757.34 90 107,278.29 109,960.24 112,709.17 115,526.74 118,414.82 121,375.07 124,409.38 127,519.60 130,707.41 133,975.09 137,324.30 140,757.34 144,276.08 91 109,960.24 112,709.17 115,526.74 118,414.82 121,375.07 124,409.38 127,519.60 130,707.41 133,975.09 137,324.30 140,757.34 144,276.08 147,882.80 92 112,709.17 115,526.74 118,414.82 121,375.07 124,409.38 127,519.60 130,707.41 133,975.09 137,324.30 140,757.34 144,276.08 147,882.80 151,579.79 93 115,526.74 118,414.82 121,375.07 124,409.38 127,519.60 130,707.41 133,975.09 137,324.30 140,757.34 144,276.08 147,882.80 151,579.79 155,369.14 94 118,414.82 121 375.07 124,409.38 127,519.60 130,707.41 133,975.09 137,324.30 140,757.34 144,276.08 147,882 80 151,579.79 155f369.14 159,253.33 95 121,375.07 124 409.38 127,519.60 130,707.41 133,975.09 137,324.30 140,757.34 144,276.08 147,882.80 151,579.79 155,369.14 159,253.33 163,234.66 f :' ITEM - 1 1! H A+C' T e ON: f' bN Ci Ste+ F�- rGC- Omr+�e- rCIA't79� . MOORPARK CITY COUNCIL AGENDA REPORT - r=Q� TO: Honorable City Council FROM: Barry K. Hogan, Community Development Direct4t�alyst Prepared By: Laura Stringer, Senior Manageme DATE: July 1, 2002 (CC Meeting of 7/17/02) SUBJECT: Consider an Agreement Regarding Acquisition of Property between Pardee Homes and the City of Moorpark to Acquire Certain Real Property for Public Street Purposes. (Tentative Tract Map No. 5045) BACKGROUND On August 2, 2000, the City Council adopted Resolution No. 2000- 1767 approving Tentative Tract No. 5045; a subdivision of 445 acres (within Specific Plan No. 2) located southerly of Broadway and easterly of Walnut Canyon Road. The approved tentative map permits up to 460 single family residences and provides for one 8.5 acre parcel for up to 102 attached residential units, along with other miscellaneous lots required by Specific Plan No. 2. Development Agreement No. 98 -01 was approved for the project on October 6, 1999. The Development Agreement and Tentative Tract No. 5045 require the developer to comply with numerous conditions, including those related to public street improvements. The attached Agreement Regarding Acquisition of Property will allow the City to proceed with necessary acquisition of certain right -of -way needed for street improvements required as conditions of the Development Agreement and Tentative Tract Map. DISCUSSION Tentative Tract No. 5045 Community Development Condition No. 64 and City Engineer Condition No. 139 and Development Agreement subsection 6.28 require improvements to the intersection of Charles Street and Spring Road, including the acquisition of any right -of- way necessary for the improvements. Pardee Homes, as developer of Tract No. 5045, has been unable to secure the right -of -way needed for the intersection improvements at the southwest corner of *��� Honorable City Council Meeting of July 17, 2002 Page No. 2 Charles Street and Spring Road. The property required for the improvements is currently owned by Mr. Favela. Pardee has indicated that acquisition of only the portion of Mr. Favela's property required for intersection improvements would leave an unusable remnant parcel, thereby necessitating acquisition of the entire parcel. Pardee Homes has requested that the City use its best efforts to obtain Mr. Favela's parcel, at the developer's cost, as required for construction of the intersection improvements. Section 66462.5 of the Subdivision Map Act provides the local agency with the authority to acquire by negotiation, or to commence proceedings, pursuant to Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure, to acquire an interest in the land which will permit required off -site improvements to be made. The attached Agreement has been approved by the City Attorney will allow the City Attorney to commence proceedings acquisition of right -of -way at the cost. Pardee Homes has submitted an provisions in the agreement call payment of all expenses and cost acquisition process. STAFF RECOMMENDATION developer's sole expense initial deposit of $5,000, for additional deposits s at various stages of It for and and for the Approve Agreement Regarding Acquisition of Property between Pardee Homes and the City of Moorpark. ATTACHMENTS: 1. Agreement Regarding Acquisition of Property 2. Tentative Tract No. 5045, Conditions CDD 64 and CED 139 3. Development Agreement 98 -01, Subsection 6.28 S: \Community Development \T T M \5045 \Staff Reports \cc 020717 agreement row acquis.doc AGREEMENT REGARDING ACQUISITION OF PROPERTY This Agreement is made and entered into by and between the City of Moorpark ( "City "), a general law city, and Pardee Homes, a California corporation ( "Developer "). WITNESSETH: The parties hereto do agree as follows: Section I Recitals. This Agreement is entered into with respect to the following facts: A. Developer is the current owner in fee of (or has an option to purchase) certain real property which is located in the City, and is included within the boundaries of Tract 5045 and is presently developing the property (the "Project "); and B. The City Council of the City approved the Project subject to certain conditions of approval (collectively "Conditions "); and C. The Project contemplates and Conditions 64 and 139 require the improvement of the intersection of Charles Street and Spring Road in the City of Moorpark (the "Intersection Improvement "); and D. The Project is also governed by a Development Agreement, subsection 6.28 of which also requires the Intersection Improvement, including the acquisition of any right -of -way necessary for such improvement; and E. Notwithstanding significant efforts, Developer has been unable to secure right -of- way needed for the Intersection Improvement, located at the southwest corner of Charles Street and Spring Road and owned by Favela ( "Owner "); and F. Acquisition of only the right -of -way needed from Owner will leave Owner with an unusable remnant parcel, thereby necessitating acquisition of Owner's entire parcel to complete the Intersection Improvement; and G. Developer has requested that City use its best efforts to obtain the Owner's parcel for purposes of constructing the Intersection Improvement ( "Right -of- Way "), at Developer's sole expense, and H. The City Council of City has determined that the public interest, convenience and necessity require the execution and implementation of this Agreement, which sets forth the parties' respective obligations and rights in connection with acquisition of the Right -of -Way. LA #85304 0 -1- ATTACHMENT /_ , e , '11h 11 , C— 11 1 — Section 2 Acquisition by City. A. Commencement of Proceedings. Upon receipt of the initial deposit required by Section 3 herein, City shall commence proceedings for acquisition of the Right -of- Way, including, but not limited to, proceedings pursuant to Code of Civil Procedure section 1230.010 et sec ., ( "Eminent Domain Law "). "Commence" shall mean extend an offer for the Right -of -Way to the Owner pursuant to government code section 7267.2. Developer has provided City with an appraisal of the Right - of -Way, and Developer understands and agrees that City shall utilize that appraisal for acquisition purposes. Developer shall have the right, at any time, to terminate this Agreement upon written notice to City. Upon its receipt of such termination notice, City shall terminate the proceedings for acquisition of the Right -of -Way and shall refund any unused deposit money to Developer; provided, however, that Developer shall be liable for any and all further damages or costs required to be paid for abandoning the acquisition. B. Status Reports to Developer. City shall be responsible to continuously advise Developer of the status of all proceedings for acquisition undertaken by City pursuant to the provisions of this Agreement. C. Copies of Material to Developer. City shall provide Developer with copies of all pleadings filed if litigation is required to acquire the Right -of -Way and all other relevant documents, and to the extent reasonably feasible, City shall give Developer at least three (3) days advance written notice of the form and substance of proposed material communications with the Owner of the Right -of -Way to be acquired pursuant to this Agreement, all of which Developer shall keep confidential to the extent permitted by law. D. Settlement Offers. The parties hereto agree and understand that all offers of settlement made voluntarily or as may be required by law, shall be so made only with the prior written consent of Developer. Developer shall promptly, upon receipt of a City request for settlement authority, act upon such request and either approve the same or refuse such approval as it deems appropriate, based upon the appraisals heretofore obtained by Developer for the purpose of the eminent domain proceedings. The parties hereto understand that as a part of the eminent domain process, the City is obligated, at the time of mandatory settlement conferences, to make statutory offers of settlement as described in the Eminent Domain Law. All such offers shall be subject to prior written approval by Developer as set forth above, provided that if, for any reason, the offers made at such mandatory settlement conferences, are subsequently found by a court to be unreasonable within the meaning of the provisions of the Eminent Domain Law, Developer, in addition to all of its other obligations pursuant to this Agreement, shall reimburse City for all court awarded litigation expenses paid by the City to Owner promptly. LA #85304 v3 -2- C,, r a ,. --T, W, v ;) E. Construction Activities. Developer agrees not to commence any grading or other construction activities within any of the Right -of -Way before the Right -of -Way has been acquired or an order for prejudgment possession therefor is obtained. F. Compliance with Laws. The parties agree that City shall not be obligated to commence litigation pursuant to the Eminent Domain Law, unless the City Council of City is able to make the findings required by the Eminent Domain Law for the adoption of a Resolution of Necessity and further, the City Council, in its sole discretion, decides to adopt a Resolution of Necessity. Section 3 Payment by Developer. A. Cost Reimbursement. Developer shall reimburse the City for all costs incurred by the City in connection with the acquisition of the Right -of -Way by the City, including but not limited to, direct and indirect administrative costs, acquisition costs, attorneys' fees, and services of experts, such as appraisers ( "Costs "). Costs include direct costs for City Staff at then current rates. Developer understands that City adds fifteen percent (15 %) to all contract services provided, including City Attorney, City Engineer and appraisers, to cover administration charges and Developer agrees to pay for such administrative charges, which are included within "Costs ". Developer shall be liable for such Costs whether City acquires the Right - of -Way through a negotiated transaction, or through a settlement or judgment in an eminent domain proceeding. Further, Developer shall also be liable for such Costs actually incurred by City to date in the event that the City Council does not adopt a Resolution of Necessity, or, if an eminent domain action is commenced, the action is abandoned at the direction of Developer or due to Developer's failure to reimburse the City as set forth herein, or if it is ultimately adjudged that the City is not entitled to the Right -of -Way. B. Deposit. Developer has made an initial deposit of five thousand dollars ($5,000.00) to the City. Prior to consideration of a resolution of necessity by the City Council of City pursuant to Section 4 herein, Developer shall make a further deposit of forty -five thousand dollars ($45,000) which, when added to the five thousand dollars previously deposited by Developer, will be applied by the City toward the Costs ( "Deposit "). In addition to the Deposit, the Developer shall provide City with an amount sufficient to make a deposit with the Ventura County Superior Court for the purpose of obtaining an order of prejudgment possession with respect to the Right -of -Way, should Developer require such an order. The amount of the Deposit, including the amount required for the making of the deposit in Court shall be made with the City prior to the conduct of a public hearing by the City Council to consider the adoption of a Resolution of Necessity pursuant to the Eminent Domain Law. Upon termination of this Agreement, City shall refund any unused deposit money to Developer within 90 days, without interest. LA #85304 0 -3- � ," P C. Expenditure of Deposit. City may deduct from the Deposit such sums as are necessary to reimburse it for Costs incurred in the acquisition process. City shall give written notice to Developer of all costs so reimbursed within 30 days after such reimbursement. D. Replenishment of Deposit. Upon written request of City, Developer shall, periodically, replenish the Deposit so as to keep the same at a minimum balance of fifteen thousand dollars ($15,000.00) during the term of this Agreement. Developer shall pay to City additional funds, from time to time, as requested by City to maintain the Deposit at the minimum level. E. Additional Deposit. In the reasonable discretion of the City Manager, at any time during the acquisition process, if the City Manager deems it appropriate, the City Manager may require a greater sum than amount of the Deposit when such is reasonably required as a part of the acquisition proceeding. F. Accounting for Costs. The City shall account for all Costs and provide Developer with status reports and statements periodically, not less often than once every three months, commencing after the Effective Date of this Agreement relating to the acquisition process. Section 4 Compliance with Eminent Domain Procedures. The parties hereto acknowledge that notwithstanding any provision of this Agreement to the contrary, City in exercising its power of eminent domain is required to do so in strict accordance with the provisions of the eminent domain law of the State of California (Section 1230.010 et seq., Code of Civil Procedure) including, but not limited to, the conduct of the necessary hearing and being able, based upon competent evidence presented thereat, to make the findings required as a condition precedent to the adoption of a Resolution of Necessity authorizing the formal commencement of eminent domain proceedings. The parties acknowledge that the City Council of City will act upon such evidence as is presented to it at the said hearing and if the City Council is able to make the findings required for the adoption of a Resolution of Necessity based upon the evidence so presented and does in fact adopt such a resolution in the exercise of its discretion, that thereafter the City will prosecute an eminent domain action in the time and manner contemplated pursuant to this Agreement. Section 5 Defense and Indemnity. Developer agrees to hold harmless, defend (with counsel selected by City) and indemnify City, its employees, agents and assigns, from and against any and all claims arising out of Developer's breach of this Agreement or Developer's negligent or wilfull conduct. In the event that City is required to defend itself against any such claim, Developer shall maintain an adequate deposit to cover the costs of such defense, as contemplated by section 3.13 herein Section 6 Entire Agreement. This Agreement constitutes the entire understanding between the parties hereto with respect to the acquisition of the Right -of -Way by the City, superseding all LA 085304 0 -4- negotiations, prior discussions, and preliminary agreements or understandings, whether oral or written. Section 7 Amendment. This Agreement may not be amended except in writing by the parties hereto or their successors or assigns. Section 8 Applicable Law. The terms of this Agreement shall be construed in accordance with California law and shall not be construed for or against either party by reason of the authorship of this Agreement. The section headings are for purposes of convenience only and shall not be construed to limit or extend the meaning of this Agreement. Section 9 Notices. All notices with respect to this Agreement, or concerning matters arising out of this Agreement, shall be in writing and shall be given by personal service, or by deposit of the same in the custody of the United States Postal Service or its lawful successor, as registered mail, postage prepaid, return receipt requested, addressed to the respective parties as follows: Pardee Homes Attn: James C. Bizzelle, III 1320 Flynn Road, Suite 100 Camarillo, California 93012 City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Attn: Steven Kueny, City Manager Notices shall be deemed, for all purposes, to have been given on the date of personal service, or three (3) consecutive calendar days following deposit of the same in the custody of the United States Postal Services. Either party may change its address for service hereunder by serving written notice on the other in the manner provided herein. Notices shall be deemed given on the date of personal service or two (2) consecutive calendar days following deposit of the same in the custody of the Postal service. Section 10 Binding Effect. The provisions of this Agreement shall be binding upon the Parties hereto and their respective successors in interest. Section 11 Section Headings. The section headings contained in this Agreement are for convenience and identification only and shall not be deemed to limit or define the contents of the sections to which they relate. Section 12 No Presumption Re: Drafter. The Parties acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between the Parties and their attorneys, and this Agreement reflects their mutual agreement regarding the same. Because of the nature of such negotiations and discussions, it would be inappropriate to deem any party to LA 985304 0 -5- be the drafter of this Agreement, and therefore no presumption for or against validity or as to any interpretation hereof, based upon the identity of the drafter shall be applicable in interpreting or enforcing this Agreement. Section 13 Assistance of Counsel. Each party to this Agreement warrants to each other party, as follows: (1) That each party either had the assistance of counsel or had counsel available to it, in the negotiation for, and execution of, this Agreement, and all related documents, and (2) That each party has lawfully authorized the execution of this Agreement. Section 14 Severability. This Agreement shall not be deemed severable. If any provision or part hereof is judicially declared invalid, this Agreement shall be deemed terminated and be of no further effect. In the event of such termination pursuant to this Section, City shall be entitled to reimbursement from Developer for all Costs incurred, including, but not limited to sums required to be paid by City to parties named in the Complaint filed to acquire the Right -of -Way pursuant to a judicial order issued before or after the effective date of the termination. Section 15 Effective Date. The effective date of this Agreement shall be March 15, 2002. IN WITNESS WHEREOF, the parties have duly executed this Agreement. ATTEST: City Clerk LA 985304 v3 12 CITY OF MOORPARK Patrick Hunter, Mayor LA #85304 v3 -7- PARDEE HOMES By: r ` fame C. Bizzelle, III Director of Community Development Resolution No. 2000 -1767 Page 34 plan check and inspection plus City administrative costs. CDD -53. if determined necessary at City's sole discretion., Developer shall at its sole cost and expense construct a solid block, wall to replace the existing block wall /wrought ;ron fence along the Spring Road and Charles Street frontages of the residential project located at the southeast corner of Spring Road and Charj.es Street. Developer shall at its sole cost and expense: a. Design the wall improvements; b. Prepare final design, plans and specifications; C. Submit the plans and specifications to City for approval and plan check; and d. Pay City for inspection of the construction including city administrative costs. CDD -64. Off -Site right -of -way: Developer shall irrevocably offer to dedicate to City: a. That portion of the project area fronting on Los Angeles Avenue Needed by City for construction and related slope and construction easements for City funded street improvements on Los Angeles Avenue east of Spring Road; b. Any property adjacent to the extension of Spring Road between "C" Street and walnut Canyon Road needed for ultimate buildout of Spring Road not required to be constructed by Developer as part of the project. C. Developer shall acquire at its sole cost and expense the property needed to improve the intersection of Charles Street and Spring Road including the vacant properties at the northwest and southwest corners of said intersection. Any property acquired in excess of that needed for actual travel or bike lanes or sidewalk shall be landscaped, and /or otherwise improved in a manner determined by City at its sole discretion and at the Developer's sole cost and expense including a block wall at the property line. ATTACHMENT Z CX -; :,.�1 ", g"') Resolution No. 2000 -1767 Page 35 CDD -65. "C" Street Fxtensicn: Developer shall at -ts sole cost and expense irrevocably offer to dedicate to City the right -of -way for an exter.s;cn of Street: from the termi nUs c:` the "C" improvements require:: in the Specific Plan and subsequent approvals to the eastern ooundary of the project. At City's sole option, Developer shall provide a surety in a form and amount approved by City at its sole discretion to guarantee the construction cf that portion o. "C" Street described above. CDD -66. Trail Construction: Developer at its sole cost and expense shall construct the public trail system identified in the Specific Plan, including inspection and City administrative costs. Developer shall also at its sole cost and expense prepare a design, plans, and specifications for submittal to City. City shall approve design and plans and specifications at its sole discretion. The required improvements shall also include construction of equestrian crossings at or near street intersections as determined necessary by City at its sole discretion. Developer shall at its sole cost and expense provide to City a cash deposit in the amount of one hundred fifty thousand dollars ($150,000.00) to fund the maintenance of the trail system. Payment shall be made prior to occupancy of the five hundredth (500th) residential unit. CDD -67. Transportation /Circulation Measure. Prior to occupancy of the first residential unit in the project area, the Developer shall pay to the City one hundred twenty - five thousand dollars ($125,000.00) to satisfy the Final EIR Transportation /Circulation Mitigation Measure 2. and for Develope-r's fair s:)are contribut_on at the intersection of New Los Angeles Avenue and Tierra Rejada Road. CITY ENGINEER CONDITIONS PRIOR TO THE FINAL MAP APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED -: CED -1. All residential areas to be commonly maintained by a Homeowne-s' Association, as determined by the City, shall be designated as separate lettered lots on each phase of the subdivision map. CED -2. Grading: The subdivider shall submit to the City of Moorpark for review and approval, a rough grading .� �..,4. Resolution No. 2000 -1767 Page 69 clear sidewalk width must be provided around the obstruction. Cabinets shall utilize screen planting, where appropriate. All screen planting is to be approved by :.he Public Works, Community Development and City Engineering Departments. CED -139. Other Fees and Improvement Design Requirements: Prior to recordation of the Final MaD, the Developer shall pay to the City the Los Angeles Avenue Area of Contribution (ACC) fee. The AOC fee shall be the dollar amount in effect at the time of issuance of the building permit for each of the residential units and institutional uses. a. Developer at its sole cost and expense shall construct all public bicycle and equestrian trail systems identified in Specific Plan No. 2. Costs shall include but not be limited to, cost of construction, amenities, landscaping and inspection and City administrative costs. Developer shall also at its sole cost and expense prepare a design, and plans, and specifications for submittal to City. City shall approve design and plans anti specifications at its sole discretion. 7"he required improvements shall also include construction_ of equestrian crossings at. or near street intersections as determined necessary by the City at its sole discretion. Developer shall at its sole cost and expense provide to City a cash deposit in the amount of One Hundred and Fifty Thousand Dollars ($150,000.00) to fund the maintenance of the trail system. Payment shall be made prior to occupancy of the five hundredth (500`--') residential unit. b. Developer shall at its sole cost and expense irrevocably offer to dedicate to City the right of way for an extension of "C" Street from -,he terminus of the "C" Street improvements required in the Specific Plan and Subsequent Approvals to the eastern boundary of the Project. At City's sole option, Developer shall provide a surety in a form and amount approved by City at its sole discretion to guarantee the construction of that portion of "C" street described above. �,` •.. �.: a �..:. �. �.� Resolution. No. 2000 -1767 Page 70 c. Developer shall acquire at its sole cost and expense the property needed to improve the intersection of Charles Street and Spring Road including the vacant properties at the northwest and southwest corners of said intersection. Any property acquired in excess of that needed for the actual travel or bike lanes or sidewalk shall be landscaped, and /or otherwise improved in a manner determined by the City at its sole discretion and the Developer's sole cost and expense including a block wall at the property line. Properties and improvements shall be nai-itained by '.he Homeowners' Association, or Maintenance District as determined by the City Council prior to Final Map approval. d. Developer shall at its sole cost and expense irrevocably offer to dedicate to City a) that portion of the Project area fronting on Los Angeles Avenue (old) needed by the City for construction and related slope construction easements for City funded street improvements on Los Angeles Avenue; and b) any property adjacent to the cxtensicn of Spring Road between "C" Street and Walnut Canyon. Road needed for ultimate build out of Spring Road not required to be constructed by Developer as part of the Project. e. Future rights -of -way for State Route 118 and State Route 23, as shown on the Specific Plan Land Use Map, and the Tentative Tract Map, shall be irrevocably offered for dedication to the City in a form approved by the City Attorney. f. Developer shall at its sole cost and expense to install traffic signals at any intersection within the Project area and at off -site locations as determined by the City at its sole discretion including but not limited to Charles Street /Spring Rcad, "C" Street /Spring Road, "C" Street /Unnamed loop street ( "A" Street), Spring Road /Walnut Canyon Road, and modification to High Street /Spring Road. Final design, plans and specifications shall be as approved by the City Council and shall include an interconnect system for all required traffic signals. Developer shall . ,.. .,,- 5.27. Developer shall irrevocably offer to dedicate to City a) that portion of the Project area fronting cn r CS Angeles Avenue needed by City for construction and related slope and construction easements for City funded street improvements on Los Angeles Avenue; and b) any property adjacent to the extension of Spring Road between "C" Street and Walnut Canyon Road needed for ultimate build out of Spring Road not required -be constructed by Developer as part of the Project. 6.28. Developer shall acquire at its sole cost and °xcen =e the property needed to improve the intersec__�n c= Charles Street and Spring Road including the %acan_ properties at the northwest and southwest corners said intersection. Any property acquired in excess that needed for actual travel or bike lanes cr sidewalk shall be landscaped, and /or cthe else improved in a manner determined by City at its sole discretion and at Developer's sole cost and expense including a block wall at the property line. 6.29. Developer shall at its sole cost and expense irrevocably offer to dedicate to City the right of way,. for an extension of "C" Street from the terminus of the "C" Street improvements required in the Specific Plan and Subsequent Approvals to the eastern boundary of the Project. At City's sole option, Developer shall provide a surety in a form and amount apprc ed by City at its sole discretion to guarantee t -e construction of that portion of "C" Street descr_ ^ed above. 6.30. Developer at its sole cost and expense shall construct the public trail system identified in the Specific Plan, including inspection and City administrate costs. Developer shall also at its sole cost and expense prepare a design, and plans, and specifications for submittal to City. City shall approve design and plans and specifications at i.--s sole discretion. The required improvements shall also include construction of equestrian crossings at or near street intersections as determined necessary by City at its sole discretion. Developer shall at its sole cost and expense provide to City a cash deposit in the amount of One Hundred Fifty Thousand Dollars ($150,000.00) to fund the maintenance of the trail system. Payment shall be made prior to occupancy of the five hundredth (500`*) residential unit. 6.31. Developer shall at its sole cost and expense irrevocably offer to dedicate Planning Area 17 to City. ATTACHMENT 3_ ITEM 1Z. A. ORDINANCE NO.282 City Council Nlcetinlz AN ORDINANCE OF THE CITY OF M00�2PARK, UL414 11,2-M2- CALIFORNIA, RESCINDING ORDINANCE NO. pA�r�' �0� 01-d WHICH ADOPTED SPECIFIC PLAN �t3 G-- n0. 282 - DESIGNATIONS AND DEVELOPMENT STAND PROPERTIES WITHIN HIDDEN CREEK RANCH S — (,/\/ PLAN (SPECIFIC PLAN 8 /SPECIFIC PLAN 93 -1$Y: G•t -- ----- WHEREAS, on July 15, 1998, Resolution No. 98 -1487 was adopted, approving the Hidden Creek Ranch Specific Plan and related amendments to the City's General Plan; and WHEREAS, on August 19, 1998, Ordinance No. 244 was adopted establishing specific plan zoning designations and development standards for the Hidden Creek Ranch Specific Plan; and WHEREAS, on January 12, 1999, Initiative Measure "S" was adopted by the voters of the City of Moorpark, removing the Hidden Creek Ranch Specific Plan from the City's General Plan; and WHEREAS, on July 21, 1999, the City Council directed the Planning Commission to study, set a public hearing, and provide a recommendation pertaining to amendments to the General Plan and Zoning Code to bring the Hidden Creek Ranch Specific Plan properties into consistency with Initiative Measure "S "; and WHEREAS, Section 65860 of the Government Code requires that City Zoning Ordinances be consistent with the General Plan; and WHEREAS, the Planning Commission at a duly noticed public hearing on May 28, 2002, adopted Resolution PC- 2002 -424 recommending that the City Council rescind Ordinance No. 244; and WHEREAS, the City Council on June 19, 2002, conducted a public hearing, took public testimony, closed the hearing, and reached its decision; and WHEREAS, the recision of Ordinance No. 244 is not a project subject to the California Environmental Quality Act of 1970, as amended. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: Ordinance No. 282 Page 2 SECTION 1. Ordinance No. 244 is rescinded in its entirety. SECTION 2. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 3. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 4. The City Clerk shall certify to the passage and adoption of this Ordinance; shall enter the same in the book of original Ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark Star a newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this 17th day of July, 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk cl-