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Home My WebLink AboutAG RPTS 2002 1016 CC REGResolution No. 2002 -2018 Ordinance No. 290 CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, OCTOBER 16, 2002 6:30 P.M. Moorpark Community Center 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. PROCLAMATIONS AND COMMENDATIONS: 799 Moorpark Avenue A. Proclamation Recognizing Red Ribbon Week, October 19 - 27, 2002. B. Proclamation Recognizing the month of October as Domestic Violence Awareness Month. 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. Regular City Council Meeting Agenda October 16, 2002 Page 2 5. PUBLIC COMMENT: (AT THIS POINT IN THE MEETING, THE COUNCIL WILL CONVENE THE REGULAR REDEVELOPMENT AGENCY MEETING, UNLESS CANCELLED-) 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure Section 2.8, Items to be withdrawn from the Consent Calendar shall be identified at this time.) 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 8. PUBLIC HEARINGS: A. Consider Amending Fiscal Year 2002 -2003 Annual Action Plan of Ventura County Community Development Block Grant (CDBG) Fiscal Year 2000 -2005 Consolidated Plan to Include Theater on High Project; Consider Adoption of Resolution No. 2002- to Apply for Section 108 Loan for Theater on High Project for $500,000 from the U S Department of Housing and Urban Development (HUD) for Furnishings, Fixtures and Equipment (FF &E) for the Theater at 45 East High Street and for the Acquisition of 11 -17 East High Street; and Consider Approving Agreement Between City of Moorpark and Janss IV Recreation for Theater on High Project. (Continued with public hearing open from October 2, 2002 meeting.) Staff Recommendation: 1) Close public hearing; and 2) Decline request for Section 108 loan application, agreement with Janss IV Recreation, and amending Annual Action Plan. (Staff: Nancy Burns) B. Consider Industrial Planned Development Permit No. 2000 -10, a Request to Construct an Approximately 113,994 Square Foot Mini - Warehouse /Office Building on a 112,184 Square Foot Parcel Located at 875 Los Angeles Avenue, at the Northwest Corner of Los Angeles Avenue and Goldman Avenue, on the Application of Asadurian Investments. (Continued from August 21, 2002 meeting.) Staff Recommendation: Continue the public hearing to November 6, 2002, with the public hearing open. (Staff: Barry Hogan) Regular City Council Meeting Agenda October 16, 2002 Page 3 8. PUBLIC HEARINGS: (Continued) C. Consider Minor Modification No. 3 to Commercial Planned Development No. 92 -01 to Modify the Conditions of Approval Pertaining to Permit Expiration and to Review Existing Conditions of Approval for Compliance with Current City Standards for the Gasoline Station /Mini -mart at the Southwest Corner of Moorpark and Los Angeles Avenues. Applicant: Moorpark Oil Company. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolution No. 2002 - approving Minor Modification No. 3 to Commercial Planned Development No. 92 -01, amending Conditions of Approval. (Staff: Barry Hogan) 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Presentation by Glen Becerra, Region Manager, Southern California Edison. B. Consider Proposed Sign Program for Commercial Planned Development Permit No. 2001 -01 (Moorpark Marketplace - 357,621 Square Foot Commercial Center) 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 from October 8, 2002 adjourned meeting.) Staff Recommendation: Approve the Master Sign Program subject to the staff recommended modifications. (Staff: Paul Porter) C. Consider Arroyo Vista Community Park Phase II Revised Construction Plan and Scope of Work. Staff Recommendation: 1) Approve the Scope of Work identified in Option B, which includes an additional future appropriation of $523,110 and a loan from the General Fund to the Community Zone of $333,110 to be repaid with applicable Local Agency Investment Fund interest; and 2) Direct that the Park Improvement Fees to be paid by USA Properties for the Vintage Crest project be designated 100 percent to the Community Park Zone. (Staff: Mary Lindley) Regular City Council Meeting Agenda October 16, 2002 Page 4 10. CONSENT CALENDAR: A. Consider Approval of Warrant Register for Fiscal Year 2002 -2003 - October 16, 2002. Manual Warrants Voided Warrant Payroll Liability Warrants 110768 — 110775 & $ 33,491.03 110867 0.00 110776 - 110783 $ 13,094.35 Regular Warrants 110784 - 110861 & $ 18,849.70 110862 - 110894 $ 731,442.79 Staff Recommendation: Approve the warrant register. B. Consider Adoption of a FY 2002/2003 Budget Amendment for the Senior Games. Staff Recommendation: Adopt Resolution No. 2002- amending the FY 2002/2003 budget by allocating $750 from the Senior Trust Fund (6000) for the Senior Games Event. (Staff: John Hartnett) ROLL CALL VOTE REQUIRED C. Consider Petition and Waiver to Increase the Assessment Amount for District 16 (AD01 -03: Cabrillo) . Staff Recommendation: Accept and approve the subject Petition and Waiver increasing the assessment amount for District 16 (Cabrillo) as described in the agenda report. (Staff: Ken Gilbert) D. Consider Rejection of Claim: Roger Dixon. Staff Recommendation: Reject the claim and direct staff to send a standard rejection letter to the claimant. (Staff: Deborah Traffenstedt) E. Consider Resolution Amending the Conflict of Interest Code of the City of Moorpark and Rescinding Resolution No. 2000 -1796. Staff Recommendation: Adopt Resolution No. 2002- . (Staff: Deborah Traffenstedt) F. 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 P;;rlficr Communities) . Staff Recommendation: Regular City Council Meeting Agenda October 16, 2002 Page 5 10. CONSENT CALENDAR: (Continued) 1) Accept the Community Development Director'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. (Staff: Laura Stringer) G. Consider Report of Annual Development Agreement Review, Established in Connection with Residential Planned Development Permit No. 97 -1, a 312 -Unit Apartment Project Located on the West Side of Moorpark Avenue, South of Park Crest Lane and North of the Arroyo Simi (Archstone Communities). Staff Recommendation: 1) Accept the Community Development Director's report and recommendation that, on the basis of substantial evidence, Archstone Communities has complied in good faith with the terms and conditions of the agreement; and 2) Deem the annual review process complete. (Staff: Laura Stringer) H. Consider FY 2002/2003 Budget Amendment for Purchase and Installation of Park Monument Signs. Staff Recommendation: Adopt Resolution No. 2002- , amending the FY 2002/2003 budget by appropriating $14,000 from the Park Improvement Fund - Zone 3 (2113) and $6,000 from Park Improvement Fund - Zone 2 (2112) to the respective expenditure budgets for Tierra Rejada Park and Campus Park. (Staff: Mary Lindley) ROLL CALL VOTE REQUIRED I. Consider an Agreement to Provide Security Guard Services at the Moorpark Metrolink. Staff Recommendation: Authorize the City Manager to select a firm to provide security services within the authorized budget and to execute the Agreement to provide security guard services at the Moorpark Metrolink Station. (Staff: John Brand) J. Consider Changing the Community Services Intern to a Full -Time Management Assistant and Adopt Resolution No. 2002- to Amend the Fiscal Year 2002/2003 Solid Waste Budget. Staff Recommendation: Approve the addition of a Management Assistant position (Range 46) in the Community Services Department, and Adopt Regular City Council Meeting Agenda October 16, 2002 Page 6 10. CONSENT CALENDAR: (Continued) Resolution No. 2002- 2002/2003 Solid Waste ROLL CALL VOTE REQUIRED 11. ORDINANCES: amending the Fiscal Year Budget. (Staff: John Brand) A. Consider Ordinance No. 289, an Ordinance of the City of Moorpark, California, Amending Title 15 of the Moorpark Municipal Code by Amending Chapters 15.04, 15.08, 15.12, 15.14, 15.16, 15.18, and 15.20; Adopting by Reference and Amending the Current Editions of Certain Model Codes as Follows: Uniform Building Code, Volumes 1, 2, & 3, 1997 Edition, with Appendix; National Electrical Code, 1999 Edition; Uniform Plumbing Code, 2000 Edition; Uniform Mechanical Code, 2000 Edition; Uniform Housing Code, 1997 Edition; Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition; and the Uniform Administrative Code, 1997 Edition. Staff Recommendation: Declare Ordinance No. 289 read for the second time and adopted as read. 12. CLOSED SESSION: A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) 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) Regular City Council Meeting Agenda October 16, 2002 Page 7 12. CLOSED SESSION: (Continued) 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. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 511 -0- 050 -270, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiation Parties: The City of Moorpark and Colin Velazquez Under Negotiation: Price and terms of payment G. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 511 -0- 050 -080, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiation Parties: The City of Moorpark and Monte Louis Abbath Under Negotiation: Price and terms of payment H. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 506 -0- 042 -015, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiation Parties: The City of Moorpark and Bert and Placide Curts 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, Administrative Services Director, Community Development Director, Community Services Director, and Public Works Director. 13. ADJOURNMENT: ----------------------------------------------------------------------------- In compliance with the Americans with Disabilities Act, if you need 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). r It TO: FROM: ITEMS A. CITY OFN'IOORFARK, CATAFORNIA City Co ncil Meeting of � to ► az� ACTION: MOORPARK CITY COUNCIL AGENDA REPORT By: - ---- Honorable City Council Nancy Burns, Senior Management Analyst' DATE: October 10, 2002 (CC Mtg. of October 17, 2002) SUBJECT: Consider Amending FY 2002 -2003 Annual Action Plan of Ventura County Community Development Block Grant (CDBG) FY 2000 -2005 Consolidated Plan to Include Theater on High Project; Consider Adoption of Resolution No. 2002- , to Apply for Section 108 Loan for Theater on High Project for $500,000 from the U. S. Department of Housing and Urban Development (HUD) for Furnishings, Fixtures and Equipment (FF &E) for the Theater at 45 East High Street and for the Acquisition of 11 -17 East High Street; and Consider Approving Agreement Between City of Moorpark and Janss IV Recreation for Theater on High Project BACKGROUND At a Special Meeting of the Budget and October 8, 2002, the Committee discussed this project. Possible funding sources through a Section 108 loan or a grant of the City's annual cumulative allocation, Increment funds. DISCUSSION Finance Committee on funding options for include CDBG, either funds available from and Redevelopment Tax The use of CDBG funds for this project requires HUD approval, including environmental clearance, determination of project eligibility, and confirmation that the project meets one of HUD's national objectives. These three (3) national objectives include the following: 1. Benefit to low and moderate income persons; Honorable City Council Meeting of October 17, 2002 Page 2 2. Elimination of slum and blight; and 3. Urgent need due to *a serious threat to community health or welfare. Under HUD guidelines, at least seventy per cent (70 %) of the Ventura County entitlement area CDBG funds must be spent for low and moderate income persons. In early 2002, Staff began initial procedures to obtain environmental clearance for this project, under the National Environmental Policy Act of 1970 (NEPA) , and met with staff from the County and HUD representatives to clarify project eligibility. These meetings were used to identify any obstacles to obtaining the required authorization to expend funds under CDBG guidelines. A determination of project eligibility has not been obtained. Due to the uncertainty of project eligibility and possible delays in obtaining the required clearance to expend CDBG funds, the Budget and Finance Committee considered the use of Redevelopment funds for this project. STAFF RECOMMENDATION 1. Close public hearing; and 2. Decline request for Section 108 loan application, agreement with Janss IV Recreation, and amending Annual Action Plan. f _-.1 8. CITY OF MOORPARK, CALIFOILNIA City Council Meeting of - io-ic-'- ( t &V xryA, f� J ACTION: Sayil L" QJ MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Barry K. Hoga n Community Development Directory % \ ; Prepared By: Paul Porter, Principal Planneoo�) DATE: October 4, 2002 (CC Meeting of 10/16/02) SUBJECT: Consider Industrial Planned Development Permit No. 2000- 10, a Request to Construct an Approximately 113,994 Square Foot Mini- Warehouse /Office Building on a 112,184 Square Foot Parcel Located at 875 Los Angeles Avenue, at the Northwest Corner Of Los Angeles Avenue and Goldman Avenue, on the Application of Asadurian Investments (Assessor Parcel No. 511 -0- 070 -55). DISCUSSION This project was originally heard by the City Council on August 21, 2002, at which time the Council appointed an Ad Hoc Committee, consisting of Councilmembers Millhouse and Wozniak, to negotiate a Development Agreement and to review remaining circulation and architectural issues. On October 2, 2002, staff received the attached letter from the applicant requesting that this matter be continued to November 6, 2002, to allow additional time for the applicant to prepare information to be presented to the Ad Hoc Committee. STAFF RECOMbJENDATION Continue the public hearing to November 6, 2002, with the public hearing open. Attachment: October 1, 2002, Letter from applicant. Y" }+ � ,� - �l�i, t � .:fl•: t- .l'.r'iF .f'u. },a�F:f .rah s`t "- �.. 875 New Los Angeles Ave. Moorpark, Ca. 93021 October 1, 2002 Mr. Paul Porter City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Dear Paul, Per our conversation, I would like to postpone our October 16th City Council meeting and move it to November 6th when the City Council meets again. I will call you to set up a meeting with the Ad Hoc Committee. Please call if you have any questions. Sincerely, Manuel Asadurian, Jr. CC ATTACHMENT 1 V 411� V 0 �`h TO: FROM: MOORPARK CITY COUNCIL AGENDA REPORT Honorable City Council Barry K. Hogan, Community Prepared By: Scott Wolfe, ITEM A C • CITY or monRPARK, CALIF ORNTA City Conneil Meeting of Y lnelcdi r!1 BV. Development Directo Principal Planner DATE: October 4, 2002 (CC Meeting of 10/16/02) SUBJECT: Consider Minor Modification No. 3 to Commercial Planned Development No. 92 -01 to Modify the Conditions of Approval Pertaining to Permit Expiration and to review Existing Conditions of Approval for Compliance with Current City Standards for the gasoline station /mini -mart at the southwest corner of Moorpark and Los Angeles Avenues. (APN 512 -0- 131 -070) Applicant: Moorpark Oil Company BACKGROUND The Planning Commission, on March 15, 1992, considered the request for approval of Commercial Planned Development (CPD) Permit No 92- 01 for a gasoline station /mini -mart at the southwest corner of Moorpark and Los Angeles Avenues. This permit was approved, with conditions, by Resolution No. PC- 1993 -273. Condition No. 3 of this permit reads: "This Commercial Planned Development Permit shall expire when the use for which it is granted is discontinued for a period of 180 or more consecutive days." The intent of this condition is to provide incentive to keep the business operating so as to avoid the deterioration of the site, which is common on sites not actively operated. Additionally, this condition serves to allow the City to require that the operation conform to the latest requirements in the event that the operations cease. In July of 2001, the station was being operated by Summit Energy Corporation. Financial problems of Summit Energy resulted in the property being placed in receivership and the on -site operation ceasing. This cessation lasted until July of 2002, when Moorpark Oil Company again opened the station under the brand name, Alliance Gas. This opening took place subsequent to the expiration of the permit, per the requirements of Condition No. 3. As such, actions C;''t ,�, �.: �, 1' Honorable City Council October 16, 2002 Page No. 2 at the site were considered violations of the Municipal Code. As this was the case, staff has withheld the issuance of any further approvals for this station, to include a clearance requested by the Alcoholic Beverage Commission (ABC) for the issuance of a license to sell alcoholic beverages. The applicant challenges the expiration of the Commercial Planned Development permit, and contends that the permit is vested and cannot expire, but has agreed to request this modification to remedy the situation by requesting elimination of the condition. In addition, staff has reviewed existing Conditions of Approval for compliance with current City standards. DISCUSSION In analyzing the applicant's request, staff has taken the approach that the applicant is attempting to re -open the station under the conditions of the existing Commercial Planned Development permit. With this approach, staff has requested that the applicant provide site plans, landscape plans and signage plans, as would be required for a new CPD permit. This enables the complete analysis of the project for compliance with current City standards, while giving the applicant a base line from which to estimate the improvement costs. The deletion of Condition No. 3 would allow for the continuance of this CPD permit. Should the City Council find that this request has merit, staff would recommend that this condition be altered, rather than deleted, to reflect an appropriate process to accomplish the goals of the original condition while clarifying the intent of the requirement for the applicant. Such a condition can be applied and will not adversely affect the effectiveness of the CPD permit. Once this condition is altered, and any additional conditions imposed in this permit complied with, requested actions on behalf of this business can once again be approved, including the issuance of the Alcoholic Beverage Commission clearance. Staff has found that the existing site plan has served adequately to move traffic through the station, provide parking and circulation for the customers of the food mart, allow for deliveries, and present a marketable front to passing traffic. The applicant has not altered the layout of the site since the site plan was approved and the station constructed. One component of this station that has changed significantly is the landscaping. Over time, the planting that was originally in place has been changed, either through the death of plant materials or through the removal of plants. This has resulted in a decline in S: \Community Development \C P D \1992 -01 \Minor Mod 3 \cc 021016 Staff Report.doc C of 3 `'C) 1G Honorable City Council October 16, 2002 Page No. 3 the street appearance of the station, particularly the corner element around the monument sign. The intent of the original landscape plan was to display colorful plant materials to the street. At this time, the corner element consists mainly of lawn area, with little or no color planted around the monument sign. Additionally, many of the shrubs which were planted around the building adjacent to the parking areas, no longer exist and should be replaced. The applicant proposes that the previously approved landscape plans be utilized and that replanting take place to bring the station back to the level of landscaping expected when it was originally approved. The applicant has prepared signage plans that reflect the current status of the signage on site. Additionally, they have proposed some further changes. The change from the original Arco brand to Summit, and then to Alliance, has resulted in signage on site which is less than cohesive and in violation of the Municipal Code. In an attempt to bring the signage to City standards, the applicant's signage plans utilize existing features as much as possible, refitting fixtures to avoid additional work. This has resulted in some aspects of the signage program which are not satisfactory. It is recommended that the signage be referred back to staff to determine appropriate signage for this station. Additionally, there are other changes needed for this site, primarily relating to National Pollution Discharge Elimination System ( NPDES) requirements. A review of the site plan has indicated that with the addition of two (2) improvements, the site can be adequately fitted to prevent significant storm water pollutant discharge. Current standards require that pollutants in storm water be kept on site, rather than discharged into the storm drain system. The primary pollutant discharge risk for this type of use is hydrocarbon discharge from the spillage of gasoline or other petroleum products. As this type of spill generally occurs only on the paved surfaces, and the paved surfaces drain on site into storm drain inlets, the inlets are the most logical location for the protection to be placed. Therefore, staff is recommending that a condition be imposed requiring the storm drain inlets on site be upgraded to accommodate a filter insert which will be properly maintained. This filter will allow the water to pass through while capturing most of the hydrocarbon pollutants which may be suspended in the storm water. Additionally, current NPDES standards require that trash enclosures be covered to shelter the enclosures and the bins inside from rain water. A sheltering cover, constructed to the current standards, is suggested as a Condition of Approval. Drains within the trash enclosures are also typically required, but since this is an existing facility, the S: \Community Development \C P D \1992 -01 \Minor Mod 3 \cc 021016 Staff Report.doc Honorable City Council October 16, 2002 Page No. 4 filters in the drain inlets should be adequate to prevent most pollutants which may emanate from the trash enclosure area. ENVIRONMENTAL DETERMINATION This project has been determined to be exempt from CEQA as a Class 5 Exemption (Minor Changes in Land Use Limitations). No further environmental documentation is necessary. STAFF RECOMMENDATIONS 1. Open the public hearing, accept public testimony, and close the public hearing. 2. Adopt Resolution No. 2002- approving Minor Modification No. 3 to Commercial Planned Development No. 92 -01, amending Conditions of Approval. Attachments: 1. Site Plan 2. Planting Plan 3. 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SFWPM 1 �SHRUB PLANTING Co. 24 T' w•s E mmw rpm o. wmEtlL .. lw>aulafrwesm»rwttnc 0EE PUNTING/ STAKING DETAIL NO SCALE a r- (A .2 1: z CL • -0 W 41 1 E 0 dw E7 CL x < LL 0 z 4' a. U o t<5 s K CLa m cc Z O 6 < W 0 0 -j Z22 a- u'�!' 1I.. & I MAU ASSOCIATES NEW nap .NN Pap.— FLwu4t. SFWPM 1 �SHRUB PLANTING Co. 24 T' RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MINOR MODIFICATION NO. 3 TO COMMERCIAL PLANNED DEVELOPMENT NO. 92 -01 TO MODIFY CONDITION NUMBER 3, AND TO AMEND CONDITIONS TO REFLECT CURRENT CITY STANDARDS, FOR AN EXISTING SERVICE STATION LOCATED AT 50 WEST LOS ANGELES AVENUE, ON THE APPLICATION OF MOORPARK OIL COMPANY (ASSESSOR PARCEL NO. 506 -0- 050 -220) WHEREAS, at a duly noticed Public Hearing on October 16, 2002, the City Council considered Minor Modification No. 3 to Commercial Planned Development (CPD) No. 92 -01 to modify Condition Number 3, and to amend Conditions to reflect current City standards, for an existing service station located at 50 West Los Angeles Avenue, on the application of Moorpark Oil Company (Assessor Parcel No. 506 -0- 050 -220); and WHEREAS, at its meeting of October 16, 2002, the City Council conducted a public hearing, and after receiving public testimony closed the public hearing; and WHEREAS, the City Council concurs with the Community Development Director's finding that the project is categorically exempt from the requirements of the California Environmental Quality Act; and WHEREAS, on October 16, 2002, the City Council, after review and consideration of the information contained in the City Council staff report, and testimony received, has reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. FINDINGS: The City Council makes the following findings: A. The request is consistent with the intent and provisions of the City's General Plan, any applicable Specific Plan and applicable titles of the Moorpark Municipal Code, as it makes only slight alterations to the Conditions of Approval for a commercial use, on property which is appropriately designated and zoned for such uses. CC ATTACHMENT 3 Resolution No. 2002 - Page 2 B. The request is compatible with the character of surrounding development because the changes proposed enable the subject project to meet current City standards within an existing commercial area. C. The proposal would not be obnoxious or harmful or impair the utility of neighboring property or uses because the proposed alterations to the existing use are minor and consistent with the development standards, including signage and landscaping standards of the Municipal Code. D. The proposal would not be detrimental to the public interest, health, safety, convenience or welfare, because the proposed action will not result in changes which would cause or worsen hazards or other adverse conditions, and would in fact reduce the discharge of pollutants from the site which may be detrimental to the public interest, health, safety, convenience or welfare. SECTION 2. CITY COUNCIL APPROVAL: The City Council hereby approves Minor Modification No. 3 to Commercial Planned Development (CPD) No. 92 -01 subject to the Conditions of Approval in Exhibit A. SECTION 3. CERTIFICATION OF ADOPTION: 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 16TH day of OCTOBER 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk S: \Community Development \C P D \1992 -01 \Minor Mod 3' \cc 021016 Reso.doc 3 01 0": u � w..r ' Resolution No. 2002 - Page 3 EXHIBIT A CONDITIONS OF APPROVAL FOR MINOR MODIFICATION NO. 3 TO COMMERCIAL PLANNED DEVELOPMENT NO. 1992 -01 General Requirements: 1. All previously imposed conditions of Commercial Planned Development Permit No. 1992 -01 and subsequent modifications shall continue to apply, except as amended herein. 2. Condition No. 3 of Commercial Planned Development Permit No. 1992 -01 is hereby altered to read as follows: "In the event that the use for which Commercial Planned Development Permit No. 1992 -01 and this Minor Modification are approved is determined to be abandoned, the City of Moorpark may, at its discretion, initiate revocation procedures for cause per the provisions of Section 17.44.080. For purposes of this condition, "abandoned" shall mean a cessation of the sale of gasoline and the closure of the convenience store component of the project to the public for a period of 180 or more consecutive days. Initiation of revocation procedures may result in the revocation of the permit or modification of the permit based upon the evidence presented at the hearing." 3. The applicant shall submit to the Community Development Department, an application for a sign permit for the service station in compliance with the provisions of Moorpark Municipal Code Section 17.40.130. A sign permit shall be obtained for signage not previously approved by December 16, 2002. 4. Landscaping shall be upgraded to be in substantial compliance with the originally approved landscape plans dated October 1, 1993. Planting and irrigation per approved plan shall be in place by December 16, 2002, and shall be maintained in perpetuity. Planting is subject to final approval of the Community Development Director. 5. By December 16, 2002, an impervious cover shall be installed over the trash enclosure to prevent the entry of rainwater into the enclosure. This cover shall be constructed of a material and color found to be compatible by the Community Development Director with the main S: \Community Development \C P D \1992 -01 \Minor Mod 3 \cc 021016 Reso.doc Resolution No. 2002 - Page 4 building or canopy cover. A zone clearance shall be obtained prior to the issuance of a building permit for the construction of this cover. 6. On site storm water drain inlets shall be resized, if necessary, and fitted with filter inserts to capture hydrocarbon pollutants in runoff from project site. The resizing and filters shall be to the satisfaction of the City Engineer. These filters shall be installed on or before December 16, 2002, and shall be regularly maintained and /or changed in accordance with manufacturer's recommendations. Periodic maintenance reports shall be forwarded to the Department of Community Development following each recommended maintenance period for the filters. 7. Outdoor storage on site is not permitted. Materials stored outdoors on site shall be immediately removed or properly stored inside of the food market. 8. No approvals, clearances, or any other requested actions on behalf of the business regulated by Commercial Planned Development Permit No. 1992 -01 (except as required to comply with this modification) shall be issued until the conditions of Commercial Planned Development Permit No. 1992 -01 and this modification have been met to the satisfaction of the Community Development Director. S: \Community Development \C P D \1992 -01 \Minor Mod 3 \cc 021016 Reso.doc yr \t.. .: 't_ ITEM�q, 40 wwwwouffik" �R F, owNU I IL ITEM 9. A. c, f R LA ACT Consider Presentation ff— co Glen Becerra, Region Man&q-,�& Southern California Edison No Staff Report MOORPARK CITY COUNCIL AGENDA REPORT ITEM q05. Wwwwwa CTTy OF MOORPARK, CALiFORMiA City Council Meeting of -C7a' k c -1p) ACTION: ' iSI' Z TO: Honorable City Council FROM: Barry K. Hogan, Community Development Director66 Prepared by Paul Porter, Principal Planne DATE: October 9, 2002 (CC Meeting of 10/16/02) SUBJECT: Consider Proposed Sign Program for Commercial Planned Development Permit No. 2001 -01 (Moorpark Marketplace - 357,621 Square Foot Commercial Center) 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. (Assessors Parcel Nos. 512 -0- 260 -015, 085 and 105) BACKGROUND This matter was originally scheduled for the City Council meeting of September 4, 2002, and has been continued to September 18, 2002; October 2, 2002; October 8, 2002; and to October 16, 2002. At the October 8 meeting the Council reviewed alternative freeway pylon sign designs and the remainder of the proposed sign program. The Council gave specific direction to the applicant regarding revisions to the freeway pylon sign, as well as, adjustments to the sign program and subsequently continued consideration of this item to its October 16, 2002, meeting. A copy of the September 4, 2002, staff report and the originally proposed sign program is included as part of this report. STAFF RECO14MENDATION Approve the Master Sign Program subject to the staff and Council recommended modifications. Attachment: Staff report for City Council for meeting of September 4, 2002. S: \Community Development \C P D \2001 -01 \Agenda Reports \CC 021016 Zelman signs.doc AC 6 ' MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Barry R. Hogan, Community Development Direct Prepared by Paul Porter, Principal Planner DATE: August 26, 2002 (CC Melting of 9/4/02) SUBJECT: Consider Proposed Sign Program for Commercial Planned Development Permit No. 2001 -01 (Moorpark Marketplace - 357,621 Square Foot Commercial Center) 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. (Assessors Parcel Nos. 512-0 - 260 -015, 085 and 105) BACKGROUND As part of the review process of the Commercial Planned Development Permit (CPD) No. 2001 -01, the applicant submitted a Conceptual Master Sign Program, which Council has previously reviewed. That program indicated the general location and style of monument and identification signs to be located both on and off -site. Condition No. 37 of the CPD and the Third Amendment to Settlement Agreement and Mutual Release that allows certain signs requires City Council approval of a Master Sign Program for the entire project. The Master Sign Program was submitted on August 1, 2002..The Council Ad Hoc Committee (Mayor Hunter and Councilmember Harper) reviewed the Master Sign Program on August 21, 2002. DISCUSSION The Master Sign Program objective is to establish standards to ensure tenant signage_is - harmonious.. integrates with shopping center architecture, and provides for coordinated proportional signage exposure for all tenants. The program sets forth S: \Community Development \C P D \CC ATTACHMENT 1t1man signs.doc Honorable City Council Meeting of September 4, 2002 Page No. 2 responsibilities for all tenants with respect to sign review approval and installation methodology. It allows for creativity in sign design and sets forth a process for the creation, review and approval of signage within the Moorpark Marketplace shopping center. Only signs that are considered consistent with the criteria within the Master Sign Program and approved by both the Landlord and the City of Moorpark are allowed. Prior to the submittal of the Master Sign Program, some Councilmembers asked staff to investigate existing pylon /pole signs in other communities; specifically, the McDonald's and Denny's pole signs at Kanan Road and the 101 Freeway. Both of these signs are located in the City of Agoura Hills and were approved prior to incorporation of the City. The signs are seventy -five feet (751) high, but no information was available on the square footage of the signs. In Oxnard, the auto mall sign at the 101 Freeway is seventy four feet (74 ") high and 900 square feet per sign face. In Ventura, the auto mall sign at the 101 Freeway is sixty -five feet (65') high; sign face square -} footage was not available. There are five (5) types of signs addressed in the Master Sign Program. They are: 1) monument signs; 2) pylon signs; 3) wall signs; 4) door signs; and 5) address signs. 1. Monument Signs: One (1) twelve foot (12') high monument sign of approximately fifty -four square feet (54 s.f.) per sign face (includes elevations, location, materials, number of tenants, and size of letters). Three (3) entry monument identification signs (No Tenant Signs) (includes elevations, location, number of tenants, materials and size of letters). These identification signs are proposed to have flood lighting located at the base of the sign, including: Two (2) six foot (6') high main entry monument signs having a sign face of approximately one hundred thirty -four square feet (134 s.f.) with maximum letter height of three feet (3'). S: \Community Development \C P D \2001 -01 \Agenda Reports \CC 020904 Zelman signs.doc Honorable City Council Meeting of September 4, 2002 Page No. 3 One (1) four foot eight inch (4'8 ") high entry monument sign, at the corner of Miller Parkway and New Los Angeles Avenue, having a sign face of approximately one hundred thirty -four square feet (134 s.f.) with a maximum letter height of three feet (31). 2. Pylon Signs: One (1) twenty -four foot (24') high freestanding sign, containing approximately forty -eight square feet (48 s.f.) per sign face (includes elevations, location, materials, number of tenants and size of letters). One seventy -eight foot (78') high freestanding, freeway oriented sign, containing approximately two hundred seventy -nine square feet (279 s.f.) per sign face (includes elevations, location, limited to the name of the center and four major tenants, materials and size of letters). 3. Wall Signs: Building wall signs and under canopy signs for major and minor tenants (includes method of sign calculation, sign area, colors, letter height, use of logos, construction and installation. 4. Door Signs: Door signs (includes type of font, size of letters and color) . 5. Address Siqns: Address location signs (includes sign heights, location and materials). Ad Hoc committee Meeting of August 21, 2002 On August 21, 2002, the Ad Hoc Committee (Mayor Hunter and Councilmember Harper) met to discuss the sign program. The Committee did not discuss any particular details of the Master S: \Community Development \C P D \2001 -01 \Agenda Reports \CC 020904 Zelman signs.doc q...+'v0tJJ_5 Honorable City Council Meeting of September 4, 2002 Page No. 4 Sign Program, but did ask for information on existing freeway signs in other cities, which is included above. Suggested Modifications Staff has reviewed the proposed Master Sign Program and suggests the following modifications: 1. Include the architectural background of a sign in the Sign - Area Calculation. 2. Limit the number of sign colors for minor tenants to three (3) colors, with the exception of nationally- recognized logos. White and black would be considered a color in this instance. 3. Require the applicant to amend the Carlsberg Specific Plan to be consistent with the entry monument signage proposed at Miller Parkway, prior to the issuance of a sign permit. 4. Replace the flood lighting of the monument signage with low intensity, low voltage lights. 5. Restrict shopping center identification signs within the sight distance triangle, as determined by the City Engineer, to a total maximum height of three feet (3') from top of curb of the closest adjacent roadway or entry. 6. Allow shopping center identification signs, not within the sight triangle, to a maximum total height of six feet (6') from top of curb of the closest adjacent roadway or entry. STAFF RECOMMENDATION Approve the Master Sign Program subject to the staff recommended modifications. Attachment: Proposed Master Sign Program S: \Community Development \C P D \2001 -01 \Agenda Reports \CC 020904 Zelman signs.doc Ea, a,h Tomot Moorpark Marketplace E♦ ZELMAN RETAIL PARTNERS, INC. z 515 S. Figueroa St., Suite 1230, Los Angeles, CA 90071 U E4 E♦ 4 U MASTER SIGN PROGRAM Prepared by PERKOWITZ+ RUTH ARCHITECTS 111 West Ocean Blvd., 21st Flr., Long Beach, CA USA 90802 562.628.8000 DATE: ! "'5.02 Moorpark Market, .ace Tenant Signage Criteria The purpose of this sign criteria is to establish standards that assure tenant signage is harmonious, integrates with shopping center architecture, and provides coordinated proportional exposure for all tenants. This sign criteria also describes the responsibilities of the tenants with respect to sign review, approval, and installation. All work shall meet or exceed the minimum design intent and fabrication requirements shown in this document. Conformance will be enforced. A diversity of sign types within the parameters of these criteria is encouraged to allow for creative tenant signage. However, any non - conforming or disapproved signs will be brought into conformance at the expense of the tenant. Each Tenant shall provide a minimum of one primary identification wall sign in accordance with the approved Master Sign Plan herein provided. Tenant shall be responsible for the following expenses relating to signage for tenant's store: - Plan check, permit processing and application fees, - Fabrication and installation of signage, and final electrical connections. - Maintenance and repair, to include; all costs relating to signage removal, including repair of any damage to the building, or any portion of the shopping center. There is a formal process for the creation, review and approval of Tenant signs (see "Submittals and Approvals" section of this document). The tenant shall provide the following information: store name, logo image and colors, intended sign dimensions, materials, colors, finishes, and electrical connections. Only those sign types provided for and specifically approved in writing by the Landlord and the City of Moorpark will be allowed. The Tenant will be required, at his expense, to correct, replace or remove any sign that is installed without City or Land Lord's approval and/or that is deemed not to be in conformance with the plans as submitted and with require- ments and documents referenced herein. n W B" W /vE S/6�t1 iP.NL /— I:AF cm fr GcwG, CirP eBZAM� 77L� I9x /• 23�„ NORTH ELEVATION (PARKING LOT SIDE) PIIBII ES W�ll� {y /.CE H6i/f �SN� WES 6.axa //AG. A oeE c m cau%• vats �/°usy�e v✓ Fo n �E/�5• coR,cv�E (NiSLL CArV CEXA+�� /G 7%LE Fficl. ` y MOORPARK .2 Call SOUTH ELEVATION (PLAZA /FOODCOURT SIDE) MARKETPLACE qd �V 9- I A=d• EAST /WEST ELEVATIONS NORTH /SOUTH ELEVATIONS SHOPPING CENTER PYLON SIGN SCALE 3 /8•• -1 0 MOORPARK MARKETPLACE � 4 98201 -1 1 /OCT- 1 5, 2002 4' -0" 19' -0" 4'4" % GHOST IMAGE OF PREVIOUS 78' SIGN 16 -0" MAJOR TENANT SIGN PANEL 14' _O TARGET SIGN PANEL Iz CLAY ROOF TILES TO MATCH _ - ]4 BUILDING ROOF TILES INTERNALLY ILLUMINATED — CHANNEL LETTERS ON NORTH /SOUTH ELEVATIONS 30" MAX LETTER HEIGHT, TYP. GFRC COLUMN OR SIMILAR — CULTURED STONE VENEER PF -8015 ACCENT TILE MEDALLIONS TEXTURE COATING TO MATCH BUILDING PLASTER PROJECT IDENTIFICATION SIGNAGE CULTURED STONE VENEER PF -8015 O UNN- N"1HINGS e9{licbael 7uu-lo 1 L -waml 66' -0" 63'-9" MID POINT OF ROOF 61' -6" 0' 9._0„ J8" 52' -6" 2" 30" 6" 30" 6" 30" 14'-6' 6' 30" 6' 30" 37' -0" 3 6' -6" 12'-0" 15' -6" NORTH /SOUTH ELEVATIONS OPTION A MOORPARK MARKETPLACE SCALE 1'- O"=1 /8" f "€ t` EAST /WEST ELEVATIONS 98201- 11 /OCT. 15, 2002 66-0" 63' -9" MID POINTOF ROOF l_ ® DECORATIVE NICHE W/ ACCENTIIGHTING 52' -6" 3 DECORATIVE NICHE W/ s ACCENT LIGHTING 37' -0" OPTION A MOORPARK MARKETPLACE SCALE 1'- O"=1 /8" f "€ t` EAST /WEST ELEVATIONS 98201- 11 /OCT. 15, 2002 ml-•n EAST /WEST ELEVATIONS NORTH /SOUTH ELEVATIONS MOORPARK MARKETPLACE DEVELOPER MONUMENT SIGN SCALE 112" 0 98201 -1 1 /OCT. 1 5, 2002 21 -0" I EAST /WEST ELEVATIONS NORTH /SOUTH ELEVATIONS SHOPPING CENTER PYLON SIGN SCALE 3/8 "• -0" MOORPARK MARKETPLACE 98201 -1 1 /OCT. 15, 2002 74A, Otfol gy ®r, In 14 6 L-L VID L r It r SION-` MAW:- 11 4 - Z:�5; GHOST IMAGE OF PREVIOUS 78' SIGN CLAY ROOF TILES TO MATCH BUILDING ROOF TILES INTERNALLY ILLUMINATED — CHANNEL LETTERS ON NORTH /SOUTH ELEVATIONS 30• MAX LETTER HEIGHT, TYP. GFRC COLUMN OR SIMILAR — CULTURED STONE VENEER PF -8015 ACCENT TILE MEDALLIONS TEXTURE COATING TO MATCH BUILDING PLASTER PROJECT IDENTIFICATION SIGNAGE CULTURED STONE VENEER PF -8015 19' -0" 4'4" 16-0" MAJOR TENANT SIGN PANEL 14'-0" TARGET SIGN PANEL 12 O UNK-N-THIC' Michael 1 LIG-10 �i... .t 'i� tM • r� � � :�j;rw CLOCK •.il`�• 30' 14' -6 C 30" 6' -6" 15' -6" DECORATIVE NICHE W/ ACCENT LIGHTING 3 T -0" OPTION B MOORPARK MARKETPLACE 24' -0-0" SCALE 1 -0-1/8" hd : NORTH /SOUTH ELEVATIONS EAST /WEST ELEVATIONS 98201- 11 /OCT. 15, 2002 3' -6" 19' -0" GHOST IMAGE OF PREVIOUS 78' SIGN 16' -0" MAJOR TENANT SIGN PANEL 14' -0" TAflGET SIGN PANEL 7 64' -0" CLAY ROOF TILES TO MATCH �4 BUILDING ROOF TILES INTERNALLY ILLUMINATED - CHANNEL LETTERS ON NORTH /SOUTH ELEVATIONS 30" MAX LETTER HEIGHT,TYP. GFRC COLUMN OR SIMILAR - CULTURED STONE VENEER PF -8015 ACCENT TILE MEDALLIONS TEXTURE COATING TO MATCH BUILDING PLASTER PROJECT IDENTIFICATION SIGNAGE CULTURED STONE VENEER PF -8015 O• 60 i 52' -6" 12 64' -0" 59' -0" 52' -6" DECORATIVE NICHE W/ ACCENT LIGHTING 7 LI�l,I�T l L= I�l�l�l t 30 37' -0" I I 37' -0" 6' -6" F A. t OPTION C 15' -6" MOORPARK MARKETPLACE r 4-1 24'-0" SCALE l'- O'• =l /8" T jo NORTH /SOUTH ELEVATIONS EAST /WEST ELEVATIONS 98201- 11/OCT.15,2002 Moorpark Marketplace Vicinity Map a: CASEY 3 CHARLES 496 _— !ST DOROTHY TCH RUTH FI � _ - - -- K 21110 i �L <I e0i Y < UNN u LASS N ,R < F SARAH _11 __ USA R 6ERTS ESTHER \_ 0 SHERMAN _. \_ PRO EC TE LO ANGELE r s MAJESTIC � PARK 6E � MILL RION VISTA LEVAN 8 DE A V __ n GRA ISLE PEACH HILL �\ 11 LEY U, p A E < m 6 R V < O S NONE 'REE �MMOK 1 r1 U A / SHADY P ♦L a0 —<r'O— GOl ; E <Z VI CHRISTIAN IAR��y4yi �v WILUA R \ 1 SUMMER SILVER CREEK Moor p ark Market lace Ik Site Plan U O 0 12' High Monument Sign 24' Freestanding Sign 78' Freestanding Freeway Oriented Sign Entry Monument ID (No Tenant Signs) NI.W I_�� ANU -1.I :. AVI WJI ��. SIDEWALKS v v f_ LANDSCAPE,-,----' I I I I i 1 i - - F ARCKING Z� I- I � Cc Cr Ln �- w Moorpark Marketplace A Double Faced — illuminated 12 Height Monument Sign Along New Los Angeles Ave. <- A r ,� ,x •� .J I I�'t Le• it W+�i• �. 'i' 1 i �Ll j1 1 rl Note: Sign may encroach into 1/2 of the setback area. Min. landscaping setback is 4 feet on all sides. Moorpark Market, lace d A Double Faced — illuminated' 12' Height Monument Sign Along New Los Angeles Ave. /0 La 4' -6" 4' -6" __0_. v MLT.OR E.I.F.S. CORNICE •.. r--- - - - - -- r- _______� IMinor Tenant I IMlnor Tenant I TEXTURED MLT _ . r--- - - ---i r--- -- - - -� IMlnor Tenant i IMlnor Tenant PANEL Minor Tenant i i_M_in_o_r_Tenant ILLUMINATED --- - - - - -� r--- - - - - -� Minor Tenant Minor Tenant CHANNEL LETTERS i I i IMinor Tenant i IMinor Tenant Tenant inor Tenant IMinor I IM I 4' -6" SF EACH TENANT SIGN. 12 SIGNS PER SIDE = 54 SF PER SIDE PRECAST TRIM ,; CULTURED -STONE VENEER SCALE 1/4" = V -0" malvv ysi✓T /csN' A. /l�loo/v°itR/� 474- ',- Zo/ Ali¢loL- Note: Maximum Letter Height 12 inches. Max. Sign Area : 54 SF. (each side) Total of Both Sides = 108 SF. Moorpark Marketplace B Double Faced — illuminated 24' Height Freestanding Sign Along New Los Angeles Ave. Note: Sign may encroach into 1/2 of the setback area. Min. landscaping setback is 4 feet on all sides. /G METAL OR E.I.F.S. _ CORNICE CERAMIC TILE INTERNALLY ILLUMINATED CHANNEL LETTERS. MAX. SIGN AREA = 36 SF. 12 SF EACH TENANT SIGN. 4 SIGNS PER SIDE = 48 SF.- >R E.I.F.S. TRIM 'URED METAL PANEL PRECAST TRIM- --o CULTURE STONE VENEER<:4_<P.be;Z�' , 3 /DE —�� Note: Maximum Letter Height 18 inches. (Major Tenant Panels) Moorpark Market lace B Double Faced — illuminated 24' Height Freestanding Sign Along New Los Angeles Ave. boo' 04-/ Max. CHANNEL LETTERS "_ r9COM' X-44Wnr7oAv Total sign area: 84 S.F. (each side) Total of Both Sides = 168 SF. M C N Moorpark Marketplace C-) Four Faced — internally C illuminated channel letters 78' Freeway Oriented Sign Location Plan) NMI' { �- v you Dui :,. ■ � ,�y — r�— i,,l..,, SEE NEXT PAGE FOR DIMENSIONS ■ � ■ � ■ � ■ NMI INTERNALLY ILLUMINATED CHANNEL LETTERS ON ■ NORTH/SOUTH ELEVATIONS ES TO MATCH ,,.,..., „.,. .....rF TILES ■ GFRC COLUMN OR SIMILAR ■ INTERNALLY ILLUMINATED - - - . CHANNEL LETT N ERS O NORTH.'SOUTH ELEVATIONS LIGHTING FIXTURES TO ■ ACCENT ARCHITECTURAL ■ ELEMENTS CULTURED STONE VENEER ' VF -8015 Moorpark Market pace Four Faced — internally C O illuminated channel letters 78' Freeway Oriented Sign (Elevation) I"- I x. %( 7 1 F 1 H 1- 1 E- N/ A T 1” IV - _. - - -1. F A G T R. %A/ F C T F 1 F N/ 0 T 1 n N �rn� c ,•_�••��.a•• 36 S.F. LOGO+ 9 S.F. TENANT NAME = 45 S.F. TOTAL EACH SID TEXTURED MTL. 42 S.F. MAJOR TENANT SK FOUR PER SIDE = 168 S.F. TOTAL EACH SII 33 S.F. MINOR TENANT SIC TWO PER SIDE = 66 S.F. TOTAL EACH SIDI 18' ir Moorpark Marketplace Four Faced — internally ". ed channel letters ►vay Oriented Sign Dimension) Y -0.. $� Uffeli n Area Per Side: TARGET)+ 168(MAJOR) 5(MINOR) =279 S.F. Total Per Side 4 Q zD Y � /Z/1 a' LJ Moorpark p or ark Market _lace .. 4� Corner of Miller Parkway & New Los Angeles Ave Entry Monument I.D. Sign (No Tenant Signs) NEW LOS ANGELES AVENUE 6'(150mm) CONCRETE MOW CURB .pM,-CI IDENTIFICATION SIGN .PROPERTY LINE- CALTRANS R/W ",-EXTEND EXISTING GARDEN WALL TO PROPERTY LINE REMOVE EXISTING 'GUARD SHACK' �,SIGNAGE FLOOD UGHTING, EXACT NUMBER OF FIXTURES AND LOCATIONS PER ELECTRICAL ENGINEER (TYP. AS SHOWN) fr CORNER MILLER PRKWY & NEW LOSIANGELES AVE. SCALE 1' - 20' '( 7-r.,.''1"A'"j�Tih'Y ,; j r { t 1 1r° -;,T _` , «Mw .R, '•I �j zz a •' � _ � 441Ni T'il 11 � I 1 I II p'Anf / J I III 1 _��. µ�- �uuY.• E r RR 1j 31I I -'Y I IDEN' n�Klnnrrr �An )ENTIFICATION SIGNAGE - PLAN VIEW IDENTIFICATION. PIN MOUNT ON EPDXY SET ALL THREAD. MINIMUM 2 MOUNTS PER LETTER 2- (50mm)x2'(SOmm) SO ALUMINUM TUBE FRAME AYYTTACHED TO SHEAR PLATE AT SLAB WITH 'J' BOLTS PER CONTRACTORS SHOP DRAWINGS FIBERGLASS REINFORCED CONCRETE BACK BOARD WITH 1 /2'(12mm)THICK GROUT. NOT TO SCALE h SECTION Moorpark Marketplace D Corner of Miller Parkway & New Los Angeles Ave Entry Monument I.D. Sign (No Tenant Signs) 5. - 150mm 42- 1.01 M 3'(75mm) CONCRETE CAP CULTURED STONE VENEER 'AUTUMN PRO -FIT H LEDGESTONE -:� 4'(100mm) CONCRETE SLAB M f / -WITH /4 REBAR 24- (810mm) O.C. 4' .3.esM NOT TO SCALE V Moorpark Market'-lace F Corner of Miller Parkway & New Los Angeles Ave -� Entry Monument I.D. Sign (No Tenant Signs) 'ROFILE TRY — CORNER OF NEW LOS ANGELES AVE. do MILLER PARKWAY NOT TO SCALE 47' —B' 60 ...._.. ...... ._.....___. ...._..._._.14.32.._bl...____._ ..._ __. ...... . ...........4'(100mm)THICK..CAST ALUMINUM I.O. -SIGN. _ ._ ... -.. _ __...._.... ._. POUSHED FINISH, FONT SHALL BE 'CONGA' .... ._i..._- `..._... _._ 48' —B u, -8, 13' im i R:.R.K PA O_ _ _,._B. 330m :....: TYP 51.2 7)r ..... ._.. _- 18 t �— a- 40 - 50 .... ..._ . __ _......... _.. _.... _ 150mm18, old 1J 482rnm _.._ . 00 10 20 30 40 50 3.04M 6.09M 9.14M 12.19M 15.24M #4 REBAR O 18'(450mm) O.C. E.W. FACE ALL SIDES WITH 3'(75mmCONCRETE CAP ) THICK CONCRE CULTURED STONE VENEER FIBERGLASS REINFORCED TILE BACK BOAR 'AUTUMN PRO —FIT LEDGESTONE C \ V 'ROFILE TRY — CORNER OF NEW LOS ANGELES AVE. do MILLER PARKWAY NOT TO SCALE SIGN FLOOD LIGHTING, ACTUAL LOCATION AND OUANTITY PFR - -- PROJECT IDENTIFICATION SIGNAGE (TYP 2 PLACES) Moorpark Marketplace E Main Entry Monument I.D. Sign. (No Tenant Signs) SCALE t' - 20' 4'(200mm)CASr ALUMINUM OR FABRICATED ENTRY SOGNAGE- /,—FABRICATOR SHALL PROVIDE MOCK UP OF EACH FOR OWNER APPROVAL 914 M _7 AUTUMN TURED ST r VENEER 1.1E PROTnT DIE 1. .741 11, .33 12, ELEVATION A NOT TO SCALE TYPICAL — ALL ENDS OF SIGNS _=_(�) 65 . —S-64 ki 60 I O 53,73 TCAP 57.00 TCAP FINISH GRADE 55 34.00 . .1 .1 1- T .1 F! 00 4"(100mm) CONCRETE SLAB WITH #4 REBM 24-(SlOrnm) O.C. Ap & 10 3.04M Moorpark Marketk lace Main Entry Monument I.D. Sign. (No Tenant Signs) r-A-QT;=Rl V A WF.qTF-RLY ENTRY SIGN PROFILE NOT TO SCALE NEW LOS ANGELES ENTRY 53 15.15M -4'(l ODmriq)THICK CAST ALUMINUM 1.0; ATWISIOF ICAL SIGNS 45* POUSHED.FINISH. FONT SHALL BE COX 14.02M PARK M. A fR6'0 KE PLAC 508�� n ...-.... .. '(150mm) - 3 '3 318 8 - M M 533rmm 4' Gomm 20 30 40 50 6,09M 9.14M 12.19M 15.24M 3'(35mm) THICK CONCIETE CAP CULTURED STONE VENEER C ..To 'AUTUMN PRO-FIT LEDGESTONE r-A-QT;=Rl V A WF.qTF-RLY ENTRY SIGN PROFILE NOT TO SCALE NEW LOS ANGELES ENTRY STONE 16.46M IDENTIFICATION SIGNAGE - PLAN VIEW TYPICAL EAST AND WEST SIDES - NEW LOS ANGELES ENTRY NOT TO SCALE Moorpark Marketplace f p p Main Entry Monument I.D. E Sign 9 IDENTITY SIGNAGE -MOUNT TO ALL THREAD MOUNTS. MOUNTS SHALL - -BE ATTACHED TO SHEAR PLATE. MIN. (2) MOUNTS PER LETTER. 3'(75mm)x12(304mm) CONCRETE CAP CULTURED STONE VENEER 1/4'- 1/2'(7 -15mm) THICK MORTAR PLANTER(TYP 1/4'- 1/2'(7 -15mm) THICK FIBERGLASS REINFORCED 2'z2'(50mm x 50mm) S0. TUBE ALUMINUM FRAMING. TILE BACKBOARD(TYP) MEMBER ATTACHMENT PER SIGNAGE 3'(75mm)x12(304mm) CONTRACTORS SHOP DRAWINGS, CONCRETE CAP(TYP) TO BE APPROVED BY CALTRANS.(TYP) 4 i CULTURED STONE VENEER �1/4'- 1/2'(7 -15mm) THICK MORTAR(TYP) 1/4'- 1/2'(7 -15mm) THICK FIBERGLASS REINFORCED } _ TILE BACKBOARD(TYP) 4'(100mm) THICK CONCRETE SLAB WITH 6x6 10/10 EWWF. 6'(150mm) THICK MISC. BASE �j ... t i CENTER IN SlAB.(TYP) BREAK AWAY MOUNTING PLATE. / I 3. 2• I 2• -6' ATTACHE TO SLAB WITH 'J BOLTS' ,F _ I 914mm- - 610mm— •J�_762mn PER SHOP DRAWINGS.(TYP) TYP TYP TYP NATIVE SOLL.. COMPACTED TO 90fi SECTION NOT TO SCALE Moorpark Market dace p N r� Buildings: D1,D2,Pads 1,2,3,4. Method of Sign Area Calculation: Sign Area shall be determined by the total area of a box, or multiple boxes, containing all letterforms comprising the sign. Architectural backgrounds are allowed and are subject to landlords review and approval. Area of architectural back- grounds are not included in sign area calculation. 1 1/2" Note: Letter Strokes May Exceed Max. Allowed Letter Height, Typical. 0 • - - -- r -- r - - - -g - - -- r.. 'AW, ' Sign Area Lette rs M. Optional Architectural background (Not Included in Sign Area Calculation) Moorpark Marketplace ALLOWABLE WALL SIGNS, UNDER CANOPY SIGNS, &SIGN AREA: Major Tenants (Greater Than 8,000 S.F. Buildings A B C1 C2 E and F)• a: Signs on Front Building Elevation: One - and - one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage. Architectual background, if any, not included in sign area. b: Signs on Side Building Elevations: Each tenant allowed one sign total. Additional ancillary signs allowed. Maximum size of signs is One - and - one -half (1.5) square feet of sign area (excluding architectual backgrounds) per one (1) lineal foot of building frontage to max. of 220 s.f. per tenant per sign. Foodcourt Tenant Arcade (Building D1. D2): a: Signs on Front Arcade Elevation: Two (2) square feet of sign area (excluding architectual backgrounds) per one (1) lineal foot of building frontage to a max. of 36 s.f. per tenant per sign. Foodcourt Storefront (Building D1. D2): a: Signs on Front Building Elevation: Two (2) square feet of sign area (excluding architectual backgrounds) per one (1) lin- eal foot of building frontage to a max. of 36 s.f. per tenant per sign. Under Canopy Signs (Building D1. D2)(Optional): Signs area determined by the total area of a box, or multiple boxes, containing all letterforms comprising the sign. (see example; 'Method of Sign Area Calculation') max. of 20 s.f. per tenant. One sign per tenant. Pad (Building 1. 2. 3. and 43: a: Signs on Front Building Elevation: Two (2) square feet of sign area (excluding architectual backgrounds) per one (1) lin- eal foot of building frontage to a max. of 40 s.f. per sign. b: Signs on Side and Rear Building Elevations(Optional): Each tenant allowed three signs in addition to front elevation, max. 40 s.f. each. c: Pad / Drive -Thru Restaurant and Other Restaurant: Dirve -thru restaurant and other restaurant pads are permitted to have approved illuminated menu boards, directional signs, speaker pedestals, take -out window signs, and other minor indentifica- tion signs, max. 25 s.f. per sign. Retail Shop Tenants (Building D1 and D2): a: Signs on Front Building Elevation: Two (2) square feet of sign area (excluding architectual backgrounds) per one (1) lin- eal foot of building frontage to max. area of 36 s.f. per tenant. b: Signs on Side Building Elevation (optional) : Same as front. Creativity and quality are encouraged in the design of tenant wall signs. Moorpark Market, lace Sian design will be evaluated on the basis of compatibility with the overall project architectural theme. However, at a minimum tenant wall signs will be internally illuminated individual pan - channel letters. (Raceways not permitted) Minimum .040 aluminum with 3/16 "' plastic face; no cross -over neon or wiring permitted. Sign canisters may be allowed for tenant logos only when any such logo constitutes a registered trademark or is part of the D.B.A. All sign colors, lettering styles, graphics treatments, and mounting attachments will be considered against overall compatibility with the development and architectural theme. Specialty background panels are encouraged and will not be calculated as part of sign area. The final design and size of signs will be approved or disapproved at the discretion of the Landlord and must be approved by the City. All decisions will be based on architectural compatibility. Miscellaneous Tenant Building_Signage: Each tenant shall be permitted to place upon each entrance of its store (inside storefront glass) not more than 144 square inches of gold leaf or decal application lettering not to exceed 2 inches in height, indicating hours of busi- ness, emergency telephone numbers, etc. (see page 36). No advertising place cards, banners, pennants, names, insignias, trademarks, or other descriptive material shall be affixed or maintained upon the glass panes and supports of the show windows and doors, or upon the exterior walls of buildings without the written previous approval of the Landlord and the City, and must be in compliance with City Codes. No permitted banners shall be affixed to the front, rear or sides of the buildings unless approved by landload and the City. A maximum twenty percent (20 %) of interior window area may be used for temporary promotional and sales signage, subject to Landlord and City review and approval. Receiving doors may have a two inch (see page 35) high block letter sign identifying the Tenants' name. Landload shall shall install addresses above the door in six (6) inch high block letters. Letters shall be Dark Bronze applied directly to the door. No white or other background color allowed. Landload shall install addresses numbers for each building on the front building wall, 12 inches clear to the parapet or cornice and top -right of the main building wall. Letter style to be Helvetica Regular, height to be six (6 ") inches, securely mounted to the wall, and approved by the Building and Fire Departments (see page 37). Sanage Construction and Installation: Letter fastening and clips are to be concealed and be galvanized, stainless steel, aluminum, brass or bronze metals. Sign Specifications: The standard identification package for the P type stores is an interior illuminated channel letter display at the main entrance as shown, that consists of a 6' -0" bullseye combined with a set of 5' -0" TARGET letters. An alternative location for the display may be considered in cases of unusual visibility requirement. Consistency of Brand image is critical to TARGET'S success, therefore, any variation must be approved by TARGET. North Elevation SIGN AREA: TARGET LETTERS - 145 sq. ft. BULLSEYE - 36 sq. ft TOTAL - 181 sq. ft CONSTRUCTION: ALUMINUM RETURNS & BACKS FLAT 3/16" THICK ACRYLIC FACES ALUMINUM MOLDINGS NOTE: Bullseyes is comprised of two pieces; outer ring and inner dot. T 6J- 28'- 6, * -O 0 0 _ If i COLORS: FACES - ROHM &HAAS #2283 RED RETURNS - PAINT TO MATCH FACES MOULDING - PAINT TO MATCH FACES ILLUMINATION: 15 mm CLEAR RED NEON NOTE: Transformers are located inside letters. (see detail) ELECTRICAL: 120V letter detail Moorpark Marketplace Major A Wall Sign — Target Partial North Elevation Building Frontage: 394' Lineal Feet Maximum Letter Ht: 60" Maximum Logo Ht.: 72" Maximum Total Allowed Sign Area: 591 S.F Total Proposed Sign.Area For North Elevation: 181 ( TARGET)+60(PHARMACY)-F75(GARDEN CENTER) =316 S.F. Maximum Allowed Total Sign Area based upon: One - and - one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage. PROPOSED SIGN AREA 181 S.F.(includes logo) • . :� i• M-1 01-9 MIM19 North Elevation SIGN AREA: TARGET LETTERS - 145 sq. ft. BULLSEYE - 36 sq. ft TOTAL - 181 sq. ft CONSTRUCTION: ALUMINUM RETURNS & BACKS FLAT 3/16" THICK ACRYLIC FACES ALUMINUM MOLDINGS NOTE: Bullseyes is comprised of two pieces; outer ring and inner dot. T 6J- 28'- 6, * -O 0 0 _ If i COLORS: FACES - ROHM &HAAS #2283 RED RETURNS - PAINT TO MATCH FACES MOULDING - PAINT TO MATCH FACES ILLUMINATION: 15 mm CLEAR RED NEON NOTE: Transformers are located inside letters. (see detail) ELECTRICAL: 120V letter detail Moorpark Marketplace Major A Wall Sign — Target Partial North Elevation Building Frontage: 394' Lineal Feet Maximum Letter Ht: 60" Maximum Logo Ht.: 72" Maximum Total Allowed Sign Area: 591 S.F Total Proposed Sign.Area For North Elevation: 181 ( TARGET)+60(PHARMACY)-F75(GARDEN CENTER) =316 S.F. Maximum Allowed Total Sign Area based upon: One - and - one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage. PROPOSED SIGN AREA 181 S.F.(includes logo) !ace Moorpark Market Sign Specs - nations: Major A Ancillary Sign — Tar et TARGET stcre includes a Pharmacy, and it is identified with a set of internally illuminat- ed channe! letters. The preferred location for the letters is near the center of the front Partial North Elevation of the building on P type stores. However, an alternative location for the letters may be ? Building Frontage: 394 Lineal Feet considered on cases of unusual visibility requirements. Consistency of Brand image is critical to TARGET'S success, therefore, any variation must be approved by TARGET. Maximum Letter Ht: 30 Maximum Total Allowed Sign Area: 591 S.F. Total Proposed Sign Area For North Elevation: 181 (TARGET)+ 60(PHARMACY) + 75(GARDEN CENTER) =316 S.F. Maximum Allowed Total Sign Area based upon: One - and - one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage. PR TOP OF RIDGE 12 SIGN AREA: 60 sq. ft. CONSTRUCTION: ALUMINUM RETURNS & BACKS FLAT 3/16" THICK ACRYLIC FACES 1" TRIMCAP RETAINERS RETURNS - PAINT TO MATCH FACES I MOULDING - PAINT TO MATCH FACES 1 o[ 1�:. ILLUMINATION: 15 mm CLEAR RED NEON NOTE: Transformers are located inside letters. (see detail) ELECTRICAL: 120V COLORS: I "' FACES - ROHM &HAAS #2283 RED 4� letter detail M-1 North Elevation SIGN AREA: 75 sq. ft. CONSTRUCTION: ALUMINUM RETURNS & BACKS FLAT 3/16" THICK ACRYLIC FACES 1" TRIMCAP RETAINERS COLORS: FACES - ROHM &HAAS #2283 RED RETURNS - PAINT TO MATCH FACES MOULDING - PAINT TO MATCH FACES ILLUMINATION: 15 mm CLEAR RED NEON NOTE: Transformers are located inside letters. (see detail) letter detail Moorpark Marketplace Major A Ancillary Sign — Target Partial North Elevation Building Frontage: 394' Lineal Feet Maximum Letter Ht: 24" Maximum Total Allowed Sign Area: 591 S.F Total Proposed Sign Area For North Elevation: 181( TARGET) -I-60(PHARMACY) - I-75(GARDEN CENTER) =316 S.F. Maximum Allowed Total Sign Area based upon: One - and - one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage. �3 Moorpark Market,-lace Sign Specifications: Major A Wall Sign — Target The standard identification package for the P type stores is an interior illuminated channel letter display at the main entrance as shown, that consists of a 6' -0" Parcial West Elevation bullseye combined with a set of 5' -0" TARGET letters. An alternative location Building Frontage: 289' Lineal Feet for the display may be considered in cases of unusual visibility requirement. Consistency of Brand image is critical to TARGET'S success, therefore, any Maximum Letter Ht.: 60" variation must be approved by TARGET. Maximum Logo Ht.: 72" Maximum Total Allowed Sign Area: 434 S.F. Proposed Total Sign Area: 181 S.F. PROPOSED SIGN AREA 181 S.F. (includes logo) West Elevatioln SIGN AREA: TARGET LETTERS - 145 sq. ft. BULLSEYE - 36 sq. ft TOTAL - 181 sq. ft CONSTRUCTION: ALUMINUM RETURNS & BACKS FLAT 3/16" THICK ACRYLIC FACES ALUMINUM MOLDINGS NOTE: Bullseyes is comprised of two pieces; outer ring and inner dot. COLORS: FACES - ROHM &HAAS #2283 RED RETURNS - PAINT TO MATCH FACES MOULDING - PAINT TO MATCH FACES ILLUMINATION: 15 mm CLEAR RED NEON NOTE: Transformers are located inside letters. (see detail) ELECTRICAL: 120V letter detail Maximum Allowed Total Sign Area based upon: One- and -one- half (1.5) square feet of sign area per one (1) lineal foot of building frontage. 4 r } Moorpark Marketplace Major B Wall Sign — T.J.Maxx North Elevation Building Frontage : 150' Lineal Feet Maximum Letter Ht: 72" Maximum Total Allowed Sign Area: 225 S.F Proposed Total Sign Area: 150 S.F. Maximum Allowed Total Sign Area based upon: One - and - one -half (1.5) feet of sign area per one (1) lineal foot of building frontage. North Elevation Major Tenants (Greater Than 8.000 S.F. Buildings v R C1 C2 E and F)• a: Signs on Front Building Elevation: One- and - one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage. b: Signs on Side Building Elevations: Each tenant with a side building elevation which exceeds fifty (50) feet allowed one signs total. Additional ancillary signs allowed, provided maximum allowable sign area is not exceeded. C- A F % MOO North Elevation Moorpark Marke t N ace -� Major C -1 Wall Sign — Michaels North Elevation - Building C -1 Building Frontage: 118' Lineal Feet Maximum Letter Ht.: 72" Maximum Total Allowed Sign Area: 177 S.F Proposed Total Sign Area: 132.5 S.F. Maximum Allowed Total Sign Area based upon: One -and- one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage. Major Tenants (Greater Than 8.000 S.F. Buildings A B C1 C2 E and F)• a: Signs on Front Building Elevation: One - and - one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage. b: Signs on Side and Rear Building Elevations: Each tenant with a side building elevation which exceeds fifty (50) feet allowed two signs total. Additional ancillary signs allowed, provided maximum allowable sign area is not exceeded. oononcrn SIGN AREA North Elevation .,. ,...,., . ,1 S. F. East Elevation Moorpark Marketplace Major C -2 Tenant Wall Sign - Famous Footwear Building C -2 Building Frontage : 82' Lineal Feet (North) 119' Lineal Feet (East) Maximum Letter Ht: 60" Maximum Total Allowed Sign Area: 123 S.F (North) 179 S.F (East) Proposed Total Sign Area: 120 S.F.(North) 171 S.F(East) Maximum Allowed Total Sign Area based upon: One - and - one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage. Major Tenants (Greater Than 8.000 S.F. Buildings A B C1 C2 E and F• a: Signs on Front Building Elevation: One - and - one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage. b: Signs on Side Building Elevations: Each tenant with a side building elevation which exceeds fifty (50) feet allowed two signs total. Major A allowed three signs total. Additional ancillary signs allowed, provided maximum allowable sign area is not exceeded. W Major Tenants (Greater Than 8.000 S.F. Buildings A. B. C1, C2. E. and a: Signs on Front Building Elevation: One - and - one -half (1.5) square feet of sgn area per one (1) lineal foot of buy 'ding frontage. b: Signs on Side Building Elevations: Each tenant with a side building elevation which exceeds fifty (50) feet allowed two signs total. Major A allowed three signs total. Additional ancillary signs allowed, provided maximum allowable sign area is not exceeded. Moorpark Market,_ lace Major E Wall Sign — Kohl's Partial West Elevation Building Frontage : 320' Lineal Feet Maximum Letter ht: 72" Maximum Total Allowed Sign Area: 234 S.F Proposed Total Sign Area: 195 S.F. Maximum Allowed Total Sign Area based upon: One - and - one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage. ....,...,...�� ,..........�. -'15 S.F. West Elevation s� J N 2� Building Letter Installation The following information is a step -by -step procedure for installing KOHL'S letters. Please follow this procedure at all times. A copy of this drawing, the construction detail drawing of the letters manufactured by Federal Sign and a copy of the building elevation drawing must be onsite when doing the installation. If you arrive on site for a scheduled install and a problem arises, you must call V.Munch at 630- 887 -6814 to resolve prior to leavens site.—If not available call Jackie Rosiak, 262- 703 -1895 or Sill Schwalbach,262- 548 -0627 or Natalie Martin, 262- 703 -1697 before leaving site. 1. When letters are delivered to your shop, test light all letters prior to truck leaving, ere are 12'- whips on the back of each letter. The method we use to crate the letters allow you W test light them without entirely uncrating the letters. 2. Contact Federal Sign at 630.81!7 -61114 Immediately if you suspect any Internal or hidden damage to the letters that would have occurred during shipping. Any damage not noted on the freight way bill Y up rreltaanslblUritoreaair 3. To begin Installing the letters, determine what type of wan you will be mounting to. Concrete block, masonry, dryvit, etc. This will determine what type of mounting hardware you will need to use, Wall anchors, through bolts, sleeved, etc. 4. Perthedesign drawing and building elevation drawings suppned, be sure letters are centered between the brick accent bands, If mounting on a brick waiL Do not deviate from this placement unless you have prior approval Occasionally, a roof scupper or light may not appear on the building elevation drawings and we would have to move placement of the letter set, but you would still need prior approval. Moorpark Marketplace Major E Wall Sign — Kohl's 5. Layout your mounting and electrical bad holes using the running dimensions shown on the federal Sign construction detail drawing. Fastening and electrical holes are in horizontal lines with all msurematsfmletright fha ltp16maksure w om 6. Once holes are set -up and drilled, mount the wal I dips sent with the letters. Make sure orientation of clips Is correct, this will be Important when doing your Anal adjustments to the letters once they are onthewall. See FedersI Sign eons Clan detail drawing showing proper orients tionof the dips. 7. kFore putting letters on the wall, determine what the local code allows for the typeof conduit you can use to place wires through the wall. Connect conduit to nipple connector provided on letter back, put wire whips In conduit and prepare letters to Ifft Into place. Federal sign provides lift rings on each letter. & Uft letters Into plats and put electrical loads thru wall. Do not completely tighten bolts on dips, e film a I adjustmentmustbemads. Completely goal ELECTOUCAL LEAD holes with cle arsillconeCaulk, D. "Nots"When mounted properly, the top of the letter will be spaced 4" from the building and the bottom willbe 4-1/Cfromthe building. Tbb Is done so that the water will nmoff towardsthe back of the letter instead running toward the front and under the retainer pushing dirt down on the Inside of the letterfaces. 10. Once all letters are in place and adjusted, If possible, test light the letters. TphbAql,Q"JV.„Qf. completedlnstallatton, Nave bps netydsor elan the Installation completed form. 11, Theo"Ite electrician for Kohl's wilido the fInalelectrical connection tothe letters. 12. With the UL 2161 ruling regarding GFI transformers, to operate properly, each letter set must have a separate ground and neutral wire. No other equipment is to be connected to this I otter set, ri �a • W & V CLIPS WILL BE ATTACHED TO THE BACK OF THE LETTERS IN THE PUNT. • V CLIPS WILL BE SHIPPED WITH LETTER TO BE INSTALLED ON WALL • 'C' CLIP WILL HOLD BOTTOM OF LETTER OUT TO ALLOW WATER TO RUN OFF THE TOP OF LETTER AND DOWN THE BACK INSTEAD OF THE FACE. Moorpark Markets pace Major E Wall Sign — Kohl's 0t0' ALM. on)" Q• PAR )ATN BLACK /4 5�! 7/0 x N i r L a Awa a L PKI/NM lAT". BLACK r AM • PAW SATN BLKK V16- CORTM100 BACKING Allot, w" TO Rtrim ♦' LANK N TOP OF OWLS . - $TO. TLOt UPPORT! I 000- ALM BACK! LAM SAM BLACK 1/r ALM N/T WELDED TO BACK 0100 CLAW LgpWC nT psts Wart ti C (� Foci. wo l tN") E.. 6500 WWI tCL Peow — tCL C -. CA! AND B — *CL PRtTR/L BLtLTROOf! L/r WPU C w /MF TRANSFORM IRB4RY t "'" P WIL•! MIT OF LtiTBR 7 WT• UMV TLTB. BY MTALLtf 1360 LABTY SWRCM .use FSQUILA.A61111 u uAROWAu Q liBTi OF BNEIIIO•IlJr1BYTBO CIMMBBtiiTYq sw.tw.i•C 7/0' K x/0' OA.x A r BMUNMY.MNwYriMNOwwM Lan .WAYOYAhm .MnrwnBtBB NinBtOBctWMOWkWPI's •BLappmoom WBLpO TO RtMrR .. OCTAL B q B. WALL e • . MOUNTING ASSEMBLY FORTOP OF LETTERS a /8 e • WALL • a• MOUNTING ASSEMBLY FOR BOTTOM OF LETTERS Moorpark Marketplace Major F Wall Sign — Linens N Things --- -k. A Mr A West Elevation North Elevation West Elevation Building Frontage :150' Lineal Feet North Elevation Building Frontage :200' Lineal Feet Maximum Letter Ht.: 72" Maximum Total Allowed Sign Area : 225 S.F (West) 300 S.F (North) Proposed Total Sign Area: 197 S.F. (West) 197 S.F. (North) Maximum Allowed Total Sign Area based upon: One - and - one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage. Major Tenants ( Greater Than 8.000 S.F. Buildings A. B. C1, C2. E. and F): a: Signs on Front Building Elevation: One - and - one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage. b: Signs on Side Building Elevations: Each tenant with a side building elevation which exceeds fifty (50) allowed two signs total. Additional ancillary signs allowed. All A(wk I wit 32 PROJECT INDENTIFICATION SIGN - 48 S.F. MAX. i Moorpark Marketplace Foodcourt Tenant Arcade Signs Buildings D -1 & D- 2 North West Elevation A C3 r- 1 � 1 8' 9' RoS'T � � -, on 1 'r-r�� 6' 4' 1 0 MAX. TENANT SIGN AREA 36 S.F PER SIGN 6 SIGNS = 216 S.F. TOTAL (INCLUDING LOGO OR ARCHITECTURAL BACKGROUND). LOGO, INDIVIDUAL LETTER STROKES AND BACKGROUND MAY EXCEED 24" HEIGHT 48 S.F. (ID) +216 S.F.(TENANT) =264 S.F. TOTAL ONE SIDE ONLY Foodcourt Tenant Arcade (Buildings D1and D2)• a: Signs on Foodcourt Arcade: One - and - one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage to a max. of 30 s.f. per tenant per sign. C) Moorpark Market, ;ace L Retail & Foodcourt Tenant Window Signs - Building D -1 &D -2 POWER RACEWAY LOCATED IN THE MULLION OF STOREFRONT SIGNS MOUNTED TO RACEWAY ON EXTERIOR OF STOREFRONT MAX. SIGN 30 S.F. PER TENANT. MAX. LETTER HEIGHT 24 ( NOT INCLUDING LOGO OR ARCHITECTURAL BACKGROUNE /{ LOGO, INDIVIDUAL LETTER STROKES AND BACKGROUND • ,. � �� :,�,ti;. X9 MAY EXCEED 24 HEIGHT 5 � -sj v ,j�1k•y, ` ��L 4', 4 • y i Iri.. fl1 - -13' MIN• . EA CE' Retail & Foodcourt Tenant Window Signs (Building D1. D2): a: Signs on Store Front Windows: One - and - one -half (1.5) Y square feet of sign area per one (1) lineal foot of •. _• ,.. "' fa;, y building frontage to a max. of 30 s.f. per tenant per sign. North Elevation 131 & West Elevation D2 Moorpark Marketplace Under Canopy Sign s (9 D1 D2)• Under Canopy Signs And Signs area determined by the total area of a box, or multiple boxes, containing all letterforms comprising the sign. (see exam- Wall Signs (Optional) ple; 'Method of Sign Area Calculation') max. of 12 s.f. per tenant. One sign per tenant. Non- illuminated TENANT TO PROVIDE PAINTED BLACK METAL BRACKET, PER DEVELOPER'S SPECIFICATION. SIGN AREA - 12 S.F. MAX. OG I I rn ( I Max. C iA Co 0 Wall Signs -"f C'S Ax"l-- BOTTOM OF CAN BACKING SIGN AREA - 12 S.F. MAX: CABLE - OR ROD M _C Co Y v 0 4• L r 9 Under Canopy Signs 6" 2.3 (BY, L 3» Z7-7ENANT NAME (E APPROVED FONT: HELVETICA Moorpark Market :ace Shop & Foodcourt Tenant Delivery Door Buildings D -1 & D- 2 DESCRIPTION: All letters and number's color shall distinctly contrast with their background, either light on dark or dark on light NOTE: No other signage is allowed on delivery side of building Moorpark Marketplace r L1 Shops —Store frontage Sign Buildings D -1 & D- 2 " APPROVED FONT: HELVETICA DESCRIPTION: 6" height tenant suite number in white vinyl above glass door tenant entry information sign to be white vinyl applied to glass with 12" x12" max. area. To be installed by the Landlord. f_ w..�._.w:�.��.,of� ws �!► Diuww :i��;il�l��tf /'•1triLt��t(a lid; ...tttttia ilaJ! ttt� IL,�',i�l�■ �.�� .: +�� ,� s1 ..�_� iff/ l!' T-ft, l�S01 ./ /� ►sue i� 38 Moorpark Marketplace Prior to submittal to the City for plan check and Tenants sign fabrication, Tenant or his sign contractor shall submit for Landlord approval three (3) sets of complete and fully dimensioned and detailed sign drawings. These drawings shall include: - Elevation of storefront showing design, location, size and layout of sign, drawn to scale, indicating materials, colors , and dimensions, attachment devices and construction detail. - Section through letter and /or sign panel showing the dimensioned projection of the face of the letter and /or sign panel and the illumination. Drawings (3 sets) should be mailed to: ZELMAN RETAIL PARTNERS, INC. 515 South Figueroa St., Suite 1230 Los Angeles, California 90071 Phn: (213) 533 -8100 Fax: (213) 533 -8118 Attn: Bob Exel / Sandy Kopelow All Tenant sign submittals shall be reviewed by Landlord and /or its agent for conformance with the provisions of the City approved Master Sign Program Plan. Within ten (10) business days after receipt of Tenant's drawings Landlord shall either approve the submittal, contingent upon any required modifications, or disapprove Tenant's sign submittal. Approval or disapproval shall remain at the sole right and discretion of Landlord. A full set of final plans must be approved in writing by Landlord prior to permjt application to the City or sign fabrication. Following Landlord's approval of proposed signage, Tenant or his agent shall submit to the City sign plans signed by Landlord and applications for all permits for fabrication and installation by sign contractor. Tenant shall be solely responsible for the cost of City plan check fees and permits, and shall furnish Landlord with a copy of said permits prior to installation of Tenant's sign(s). Fabrication and installation of all signs shall be performed in accordance with standards and specifications outlined in these criteria and in the final plans and shop drawings approved by Landlord and the City. Any work deemed unacceptable shall be rejected and shall be promptly corrected or modified at Tenant's expense as required by the City, Landlord or its agent. ( }) (7) J. r c� Moorpark Marketk.illace , -a The Tenant sign contractor is responsible to do the following: - Provide to the Landlord, prior to commencing sign fabrication and installation, an original certificate of insurance naming the Landlord as 'Additional Insured'. - Submit to Landlord and City for approval prior to fabrication complete and fully- dimensioned shop drawings. - Obtain approved sign permits ( stamped as approved by the City )from the City prior to sign fabrication and deliver copies of same to Landlord. - Repair and /or replace any damage or destruction to any portion of the shopping center (i.e.; buildings and site improve ments caused by contractor, its employees, or agents during the installation, repair, or removal of tenants sign(s). - Promptly remove any equipment, debris, and unused sign materials after installation, repair, or removal of tenants sign(s). r Moorpark Marketplace. Approved Sign Section Details IO CUSTOM fAAMWATEDALUMSARCNAMM L.rmLT STAPLED SEAM\ A SOLID ALUYIN KNAPSACK %• MWE►MOIEs AT soTTORS M IRIER {, I KR IETTER ORNCM MIAwEII -1. %'ALUYPIINI SCIISMs SO Nam TUSE SUPPDRT O RANKUrMmT ACPKY LETTERIACE O EL{RRoSITs MNSM VoLTAOE son. Vl APPROV[O CONVECTOR { INSULAT"BOOT O OTOINBULATPID SELL rO DRAM MOLES Mr DM. O{APRYOISCOMME RAWER A ON WAIL M fS4T14NNOMKR SOY O TNOM IYN ® FASTENER To WALL ISU) PEN LFTT[y �wW _ QI OAlVA1Y{B. V[NT[B TRAM\IORY[II BOS ® LISTED FL- IMBTAL SNOWNT AMID LISTED DTO CUTE p\DoMDARE sm o n v). 1® SORE rSAMMOMMR. V.L.uRED ® PPMARY {L[CTNCALBWRCI p CU {TON FASMICATCO ALUMINUM CHANNEL O SITS' OMYErERI I" I N REAOEDROD M GI.lM Af.RV11C \PACES\ )O ALUMINUM LETTER PACE O SIZE' CLEM LEYAM BACK LEN[ OS LLECIROPDS NCH —T-6 Ea1L. U.L. MPNOVED CONNECTOR © ESU[o)os- -o OI n• Y[TAL iLEIIIBIE CONDUIT O CTo W RE SO NEON TUB[ FASTENER TO MALL (7-S PER LETTER) 11 GALVANIZED. VENTED TRANSFORMER SOY © N[DNTUEEBUPPORT ® 30.1 TRAIN\IORMOR. U L. LISTED lO 1LISUPP ORT ATRUCTURF OAICT' OMCOMNECTSwfTCN ON VMLL W {MET 1RANSfORY{R p CUSTOM FA\RICAT\D ALUMINUM CNANNEL O w RNCY ARAW[A WNNw % "AIUYIxuY KRELW OJ )NT' UTAYR ER • )' 1xREADEU ROD R M CLEM ACMIC SPACERS O RANSI.UCFNT ACRYLIC LETTER IAr.! O) )VY CLEAR LLSAN BACK LEN{ O EL[CIA04TV -- -.0 SNIS. U L. APPPOVEDCOMMFCTOR O a.. OTC BLELVMIO Q 1 YRAL'"MA\COMOMT O To —a 1� AEON TUPS Io1 IyyaA \i!N!R TD WALL 15 "5 PFR LFTTERI Oe�w, ® OAIVAN[FD.VENIFDTNANSIONYERPOE ® MCOM TAPE SUPPORT 1� — RAN \TORN[.. U.L LISTED I® WALLMIUPPOR STRUCTURE 1� ON wUA. on FwzT TRAM TCx ON w.0 o[ r\IR rRANpoRr[R 0 IRATLMEN:. —I \.PIN PAGES 000062 THROUGH 000073 INTENTIONALLY DELETED 000062 through 000073 ITEM 61- C C',W r1F M001tpARK, C'ALIFORNMA City C'nnncil MeeNn ._ " _ 1 _► ir�_i 11i . I MOORPARK CITY COUNCIL AC'T10N: AGENDA REPORT „ _ „_„ 11v: TO: The Honorable City Council FROM: Mary K. Lindley, Director of Community Services DATE: October 4, 2002 (Meeting of October 16, 2002) SUBJECT: Consider Arroyo Vista Community Park Phase II Revised Construction Plan and Scope of Work The City Council is being asked to reconsider construction plans, Scope of Work, and project budget for Arroyo Vista Community Park Phase II. A revision is as a result of a construction cost calculation error in the landscape architect's previous cost estimate. The goal is to complete the project by June 1, 2003. BACKGROUND On July 17, 2002, the City Council approved the draft construction plans and Scope of Work for AVCP Phase II. The budget for the project ($1.5 million) was included in the City adopted FY 02/03 budget. As the Council may recall, the draft plans approved on July 17 included 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 for the new gravel parking lot east of the football field; minimal hardscape improvements (concrete walkways); minimal security lighting; and miscellaneous site furniture such as picnic tables and trash cans. The approved draft plan also includes the installation of electrical conduit at the fourth softball field to accommodate future ballfield lights, as well as M: \MLindley \PARKS \Park Projects \AVCP Phase II \AVCP II redesign ccagd.doc Honorable City Council October 2, 2002 Page 2 the potential for lighting the adjacent multi - purpose field (soccer). Additionally, the approved 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 previous conceptual plan. The Council elected to include work to underground the existing electrical power line east of the football field. Not included in the plan were ballfield lights for the fourth softball field; asphalt and concrete curbing for the new parking lot east of the football field; and the water feature and small parking lot identified at the east end of the park. DISCUSSION Following the Council's action on July 17, 2002, the landscape architect for the project notified staff that it had miscalculated the amount of acreage to be improved. As a result, the estimated cost of grading, hydroseeding, and irrigating the undeveloped park area is significantly higher than originally identified. As stated above, the total project budget, including design, construction, and project management is $1.5 million ($200,000 soft costs and $1.3 million construction). If the City were to proceed with the Scope of Work previously approved with the correct acreage, the cost to complete the work would be approximately $1,793,610 ($215,000 soft costs and $1,578,610 for construction). To stay within the original project budget of $1.5 million, construction costs need to be approximately $1.3 million. The difference is approximately $293,610. As a result of the miscalculation, the City needs to either decrease the Scope of Work or increase the project funding. The City currently has a fund balance of $1.5 million in the Community Zone of the Park Improvement Fund. The FY 02/03 Community Zone budget includes expenditures in the amount of $20,000 for a tennis court pavilion at AVCP and $1.5 million for AVCP Phase II. The FY 02/03 budget also includes estimated revenue in the amount of $210,000. The estimated fund balance at the end of the fiscal year is $190,000 (See Attachment B). If the Council elects to appropriate an additional $293,610 to construct the . '" r~-1 r Honorable City Council October 2, 2002 Page 3 previously approved scope of work for AVCP Phase II, it needs to approve a temporary loan to the Community Zone in an amount of $103,610. Additionally, not included in previous revenue projections prepared by staff are Park Improvement Fees to be paid by USA Properties Fund (Vintage Crest) in FY 03/04 in the amount of $380,000. Vintage Crest Project lies within Park Improvement Zone 3 (Zone 3 includes all the area south of Los Angeles Avenue). Consistent with the action previously taken by the Council to direct 100 percent of Archstone Communities Park Improvement Fees to the Community Zone, it is proposed that 100 percent of the fees collected from USA Properties be directed to the Community Zone as well. This would allow the City to repay any loan to the Zone of up to $103,610 within a year. The project is a senior citizen housing development. It is unlikely that the project residents will have a measurable impact on the neighborhood parks in Zone 3. The use of a short -term loan to the Community Zone to complete certain improvements at AVCP has been done before. The construction of the AVCP multi purpose court and tennis courts are examples. Additionally, at the time the City considered funding the aquatic facility in the amount of approximately $3 million, it recognized that a loan would be needed once construction was underway. The intent was to repay the loan as new park improvement fees were paid into the Park Improvement Fund. The exact amount of the loan had not been identified since the design and scope of work had not been finalized, and the possibility of a partner agency had not been resolved. Increasing the AVCP Phase II project budget to address the current shortfall will require a larger loan if, and when, the City proceeds with the aquatic facility. If the City continues to make improvements at AVCP in advance of receipt of Park Improvement Fees, it needs to be prepared to loan the Community Zone sufficient funds from either the General Fund Reserve or other Park Improvement Zones. Another option is to use all or part of the funds from the two state park bond allocations ($353,833 - Prop. 12 and $306,621 - Prop. 40), the City's Endowment, or a combination of these funding sources. There have been preliminary discussions by the Parks and Recreation Honorable City Council October 2, 2002 Page 4 Commission about the use of the park bond funds for a Skatepark and /or expansion of Poindexter Park. If the Council elects to use General_ Fund monies it must be recognized that the amount of interest generated from the fund balance will be negatively impacted. A loan from the Endowment Fund will negatively impact the interest generated in the Endowment as well as the General Fund since the Fund's provisions direct 2 percent of its interest to the Endowment, with the remaining interest directed to the General Fund. Therefore, it is important to ensure that any loan is repaid with interest. The General Fund Reserve interest income is budgeted to off -set General Fund expenditures each year. Additionally, it is important that the Council understand that the Park Improvement Fund has a limited life. It is anticipated that future development projects will generate another approximate $9.6 million. When that funding source is fully expended, the City will need to find alternative funding to provide future park improvements. Undertaking the construction of an aquatic facility and fully constructing AVCP Phase II, as it was originally designed (improved parking lots, ballfield lights, water feature, etc.), may limit the use of Park Improvement Funds to expand the existing AVCP gymnasium, expand the Arroyo Vista Recreation Center, build a second community park, and other park improvements the City may desire in the future. With the above funding background in mind, staff has identified several construction scenarios for AVCP Phase II for the Council's consideration (See Attachment A). AVCP Phase II Options Option A: This Option encompasses all items in the scope of work approved on July 17, 2002, including: expanded soccer fields, play lots, picnic pavilion and tables, electrical conduit for the fourth ballfield with potential future lighting for a soccer field, minimal security lighting, perimeter wood rail fence, paved handicapped parking, storage enclosures, and under grounding of the existing electrical power line. As mentioned above, this scope of work would cost approximately $1,793,610, requiring an additional $293,610 appropriation. A loan to the Community Zone of approximately $103,610 would be �`J +' Honorable City Council October 2, 2002 Page 5 needed. The objective under this option is focused on expanding youth sports amenities along with general leisure park amenities, and to postpone the remaining improvements such as paved parking lots and ballfield lights until additional Park Improvement Fees are received. Option B: If the Council desires to include the ballfield lights for the fourth softball field, in addition to the scope of work in Option A, the estimated cost of the project budget is $2,023,110 ($229,500 increase over Option A for design, inspection, and installation of lights). This would require an additional appropriation of $523,110 from the Park Improvement Fund. A loan to the Community Zone of approximately $333,110 would be needed. This option would expand the use of the new softball field into the evening, which would benefit the City's adult softball program, Moorpark Girls Softball Association, and possibly Moorpark High School Softball, which has relied on the use of an AVCP softball field for the past two years. Option C: This option includes everything in Option B plus paving the new parking lot and, what will be, the remaining unimproved parking lot adjacent ,to the multipurpose court (the lot adjacent to the softball fields will be converted into the fourth softball field). Currently, the parking lot adjacent to the Recreation Center is the only improved lot at AVCP. The estimated cost for paving the parking lots, in addition to the cost of Option B, is $379,241 ($235,543 for the new lot and $143,698 for the existing lot) . The work would include asphalt paving, concrete curbs and striping. The total estimated cost of Option C is $2,402,351. Under this scenario, an additional appropriation of $902,351 is necessary and a loan to the Community Zone of approximately $712,351 would be needed. Option D: If the Council elects not to increase the budget at this time, keeping the total project budget at $1.5 million, the scope of work would include grading, irrigating, and hydroseeding the remaining undeveloped area for multipurpose fields (soccer), constructing a fourth softball field, installation of conduit for future ball field lights, a new gravel parking lot, and under grounding the existing overhead electrical power line. Excluded from Option D is the play lot, pavilion, picnic amenities, Honorable City Council October 2, 2002 Page 6 wooden rail perimeter fence, paving lot paving and concrete curbs, concrete walkways around the restrooms /storage facility, and ballfield and security lighting. No additional budget allocation would be required to proceed with this scope of work. Staff recommends that the Council approve Option B. Based on the uncertainty on the timing of future development and the resulting impacts on future City Park Improvement Fees, staff feels comfortable committing up to an additional $523,110. As stated above, a loan to the Community Zone in the amount of $333,110 would be needed from the General Fund for a period of one year. The loan will be repaid with interest at the applicable Local Agency Investment Fund (LAIF) . The Council could identify paving the unimproved parking lots as the next priority to be undertaken when the Community Zone unappropriated Fund Balance reaches $380,000. If the Council approves a scope of work for the AVCP Phase II Project which requires a loan to the Community Zone, staff will present the Council with a Resolution amending the budget and authorizing the loan at the time the construction contract is awarded. STAFF RECOMMENDATION 1) Approve the Scope of Work identified in Option B, which includes an additional future appropriation of $523,110 and a loan from the General Fund Reserve to the Community Zone of $333,110 to be repaid with applicable LAIF interest; 2) and direct that the Park Improvement Fees to be paid by USA Properties for the Vintage Crest project be designated 100 percent to the Community Park Zone. Attachments: A and B Honorable City Council October 2, 2002 Page 7 Attachment A DRAFT PROJECT BUDGET AVCP PHASE II AVCP PHASE II PROJECT BUDGET OPTIONS Option A Option B Option C Option D Landscape Architect $ 50,000 $ 60,000 $ 62,000 $ 50,000 Project Manager $ 25,000 $ 27,000 $ 30,000 $ 25,000 Construction $1,578,610 $1,793,110 $2,162,351 $1,248,627 Permits and Fees $ 25,000 $ 28,000 $ 28,000 $ 25,000 Site Prep. $ 30,000 $ 30,000 $ 30,000 $ 30,000 Contingency $ 85,000 $ 85,000 $ 90,000 $ 80,000 Total Project Cost $1,793,610 $2,023,110 $2,402,351 $1,458,627 New Appro- priation $ 293,610 $ 523,110 $ 902,351 $0 Less Comm. Zone Balance <$ 190,000> <$ 190,000> <$ 190,000> N/A Loan to Community $ 103,610 $ 333,110 $ 712,351 $0 Zone Honorable City Council October 2, 2002 Page 8 Attachment B Community Zone — Estimated Fund Balance Activity * Includes Possible Future Aquatic Facility Fiscal Year Expenditure/Project Estimated Cost Revenue Fund Balance 02/03 $1,500,000 AVCP Phase II ** $1,500,000 Tennis Court Pavilion $20,000 $210,000 $190,000 03/04 $1,096,000 $1,286,000 04/05 Aquatic Facility $250,000 $1,570,000 $2,606,000 05/06 Aquatic Facility $2,750,000 $1,573,200 $1,429,200 Beyond $5,532,000 $6,961,200 ** Staff's recommendation to increase the project budget by $523,110 for a total of $2,023,110 requires a loan of approximately $333,110 from either the General Fund Balance or the City's Trust Fund. Estimated loan repayment, with applicable LAIF interest, would take place when sufficient revenue is received in FY 03/04. 7 0 ITEM I u • #94 • CITY OFMOORPARK Cli 1 Gf ''io ()RPARK, l .1t.iit ltitil \ Ciiy cuuUM illretilig WARRANT REGISTER of ,1aL. -17:6) ACJ'10N: 0vP� _�,AcTvt vr�►j. FOR THE 2002 -2003 FISCAL YEAR CITY COUNCIL MEETING OF OCTOBER 1 �t SEQUENCE From To MANUAL 110768 - 110775 WARRANTS VOIDED 110867 WARRANT PAYROLL LIABILITY 110776 - 110783 WARRANTS REGULAR 110784 - 110861 & WARRANTS 110862 - 110894 TOTAL AMOUNT $ 33,491.03 0.00 $ 13,094.35 $ 18,849.70 $ 731,442.79 10/09/02 CITY OF MOORPARK, CA ACCOUNTING PERIOD: 4/02 MANUAL CHECK ACTIVITY FUND - 0100 - INTERNAL SERVICES FUND 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 0100 3751 CPIC LIFE INSURANCE N 10/01/02 1101 0.00 10/01/02 M100102 10 /02COBRA VISION 20 OCTOBER 02 10/01/02 110772 0.00 0.00 0100 3751 FORTIS BENEFITS INSU N 10/01/02 1101 0.00 10/01/02 M100102 10 /02COBRA DNTL & LI 20 OCTOBER 02 10/01/02 110769 0.00 0.00 TOTAL INTERNAL SERVICES FUND CHECK AMT TOTAL INTERNAL SERVICES FUND NET PAYABLE TOTAL INTERNAL SERVICES FUND CHECK AMT TOTAL INTERNAL SERVICES FUND NET PAYABLE pp a PAGE 1 CHECK AMT NET PAYABLE 53.80 53.80 G'1 RUN DATE 10/09/02 TIME 11:54:02 PENTAMATION - FUND ACCOUNTING C3 139.87 139.87 193.67 193.67 193.67 193.67 10/09/02 CITY OF MOORPARK, CA PAGE 2 ACCOUNTING PERIOD: 4/02 MANUAL CHECK ACTIVITY FUND - 1000 - GENERAL FUND 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 100021000000 9010 CPIC LIFE INSURANCE N 10/01/02 1101 0.00 10/01/02 52.60 M100102 10 /02C MGR VISION 20 OCTOBER 02 10/01/02 110772 0.00 0.00 52.60 100021000000 9010 HOLMAN GROUP, THE N 10/01/02 1101 0.00 10/01/02 12.50 M100102 10 /02C MGR EMP ASSIS 20 OCTOBER 02 10/01/02 110771 0.00 0.00 12.50 100021000000 9010 PUBLIC EMPLOYEE RETI N 10/01/02 1101 0.00 10/01/02 3184.35 M100102 10 /02C MGR MEDICAL 20 OCTOBER 02 10/01/02 110770 0.00 0.00 3184.35 100021000000 9010 FORTIS BENEFITS INSU N 10/01/02 1101 0.00 10/01/02 479.41 M100102 10 /02C MGR DNTL & LI 20 OCTOBER 02 10/01/02 110769 0.00 0.00 479.41 100021000000 9010 METLIFE SMALL BUSINE N 10/01/02 1101 0.00 10/01/02 178.70 M100102 10 /02C MGR LTD & STD 20 OCTOBER 02 10/01/02 110768 0.00 0.00 178.70 TOTAL CITY MANAGER CHECK AMT 3907.56 TOTAL CITY MANAGER NET PAYABLE 3907.56 100031000000 9010 CPIC LIFE INSURANCE N 10/01/02 1101 0.00 10/01/02 49.40 M100102 10 /02C CLERK VISION 20 OCTOBER 02 10/01/02 110772 0.00 0.00 49.40 100031000000 9010 HOLMAN GROUP, THE N 10/01/02 1101 0.00 10/01/02 7.50 M100102 10 /02C CLERK EMP ASS 20 OCTOBER 02 10/01/02 110771 0.00 0.00 7.50 100031000000 9010 PUBLIC EMPLOYEE RETI N 10/01/02 1101 0.00 10/01/02 1000.43 M100102 10 /02C CLERK MEDICAL 20 OCTOBER 02 10/01/02 110770 0.00 0.00 1000.43 100031000000 9010 FORTIS BENEFITS INSU N 10/01/02 1101 0.00 10/01/02 388.31 M100102 10 /02C CLERK DNTL,LI 20 OCTOBER 02 10/01/02 110769 0.00 0.00 388.31 100031000000 9222 S.C.C.C.A. N 10/01/02 1101 0.00 10/01/02 65.00 M100102 10/24 THE LEADERS JO 20 TRAFFENSTEDT 10/01/02 110773 0.00 0.00 65.00 100031000000 9010 METLIFE SMALL BUSINE N 10/01/02 1101 0.00 10/01/02 20.10 M100102 10 /02C CLERK LTD & S 20 OCTOBER 02 10/01/02 110768 0.00 0.00 20.10 TOTAL CITY CLERK CHECK AMT 1530.74 TOTAL CITY CLERK NET PAYABLE 1530.74 100031100000 9010 CPIC LIFE INSURANCE N 10/01/02 1101 0.00 10/01/02 8.00 M100102 10 /02HR VISION 20 OCTOBER 02 10/01/02 110772 0.00 0.00 8.00 q RUN DATE 10/09/02 TIME 11:54:03 PENTAMATION - FUND ACCOUNTING ;4J 10/09/02 ACCOUNTING PERIOD: 4/02 FUND - 1000 - GENERAL FUND BUDGET UNIT ACCOUNT VENDOR CONTROL DESCRIPTION CITY OF MOORPARK, CA MANUAL CHECK ACTIVITY PAGE 3 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 100031100000 9010 HOLMAN GROUP, THE N 10/01/02 1101 0.00 10/01/02 2.50 M100102 10 /02HR EMP ASSIST 20 OCTOBER 02 10/01/02 110771 0.00 0.00 2.50 100031100000 9010 PUBLIC EMPLOYEE RETI N 10/01/02 1101 0.00 10/01/02 783.88 M100102 10 /02HR MEDICAL 20 OCTOBER 02 10/01/02 110770 0.00 0.00 783.88 100031100000 9010 FORTIS BENEFITS INSU N 10/01/02 1101 0.00 10/01/02 42.07 M100102 10 /02HR DNTL, LIFE 20 OCTOBER 02 10/01/02 110769 0.00 0.00 42.07 100031100000 9010 METLIFE SMALL BUSINE N 10/01/02 1101 0.00 10/01/02 21.82 M100102 10 /02HR LTD & STD 20 OCTOBER 02 10/01/02 110768 0.00 0.00 21.82 TOTAL HUMAN RESOURCES CHECK AMT 858.27 TOTAL HUMAN RESOURCES NET PAYABLE 858.27 100051000000 9010 CPIC LIFE INSURANCE N 10/01/02 1101 0.00 10/01/02 34.70 M100102 10 /02ADMIN VISION 20 OCTOBER 02 10/01/02 110772 0.00 0.00 34.70 100051000000 9010 HOLMAN GROUP, THE N 10/01/02 1101 0.00 10/01/02 5.00 M100102 10 /02ADMIN EMP ASSIS 20 OCTOBER 02 10/01/02 110771 0.00 0.00 5.00 100051000000 9010 PUBLIC EMPLOYEE RETI N 10/01/02 1101 0.00 10/01/02 1150.73 M100102 10 /02ADMIN MEDICAL 20 OCTOBER 02 10/01/02 110770 0.00 0.00 1150.73 100051000000 9010 FORTIS BENEFITS INSU N 10/01/02 1101 0.00 10/01/02 99.44 M100102 10 /02ADMIN DNTL, LIF 20 OCTOBER 02 10/01/02 110769 0.00 0.00 99.44 100051000000 9010 METLIFE SMALL BUSINE N 10/01/02 1101 0.00 10/01/02 20.89 M100102 10 /02ADMIN LTD & STD 20 OCTOBER 02 10/01/02 110768 0.00 0.00 20.89 TOTAL ADMINISTRATIVE SERVICES CHECK AMT 1310.76 TOTAL ADMINISTRATIVE SERVICES NET PAYABLE 1310.76 100051001004 9010 CPIC LIFE INSURANCE N 10/01/02 1101 0.00 10/01/02 20.70 M100102 10 /02ADMIN VISION 20 OCTOBER 02 10/01/02 110772 0.00 0.00 20.70 100051001004 9010 HOLMAN GROUP, THE N 10/01/02 1101 0.00 10/01/02 2.50 M100102 10 /02ADMIN EMP ASSIS 20 OCTOBER 02 10/01/02 110771 0.00 0.00 2.50 f RUN DATE 10/09/02 TIME 11:54:03 PENTAMATION - FUND ACCOUNTING CO r;R 10/09/02 CHECK AMT CITY OF MOORPARK, CA NET PAYABLE ACCOUNTING PERIOD: 4/02 100071000000 MANUAL CPIC LIFE INSURANCE CHECK ACTIVITY 10/01/02 FUND - 1000 - GENERAL FUND 10 /02COMM SRVCS VISI 20 OCTOBER 02 10/01/02 100071000000 9010 HOLMAN GROUP, THE N BUDGET UNIT ACCOUNT VENDOR 1099 PURCHASE ORDE TRANSACT PROGRAM CASH ACCT SALES TAX DISC DATE 100071000000 CONTROL DESCRIPTION T/C INVOICE 10/01/02 CHK DATE ACCOUNT CHECK NO USE TAX DISC AMT 100051001004 9010 PUBLIC EMPLOYEE RETI N FORTIS BENEFITS INSU N 10/01/02 1101 0.00 10/01/02 10 /02COMM SRVCS DNTL M100102 10 /02ADMIN MEDICAL 20 OCTOBER 02 10/01/02 110770 0.00 0.00 100051001004 9010 FORTIS BENEFITS INSU N 10/01/02 1101 0.00 10/01/02 M100102 10 /02ADMIN DNTL,LIFE 20 OCTOBER 02 10/01/02 110769 0.00 0.00 100051001004 9010 METLIFE SMALL BUSINE N 10/01/02 1101 0.00 10/01/02 M100102 10 /02IS MGR LTD & ST 20 OCTOBER 02 10/01/02 110768 0.00 0.00 TOTAL IS MANAGER (800) CHECK AMT TOTAL IS MANAGER (800) NET PAYABLE 100051100000 9010 CPIC LIFE INSURANCE N 10/01/02 1101 0.00 10/01/02 M100102 10 /02FINANCE VISION 20 OCTOBER 02 10/01/02 110772 0.00 0.00 100051100000 9010 HOLMAN GROUP, THE N 10/01/02 1101 0.00 10/01/02 M100102 10 /02FINANCE EMP ASS 20 OCTOBER 02 10/01/02 110771 0.00 0.00 100051100000 9010 PUBLIC EMPLOYEE RETI N 10/01/02 1101 0.00 10/01/02 M100102 10 /02FINANCE MEDICAL 20 OCTOBER 02 10/01/02 110770 0.00 0.00 100051100000 9010 FORTIS BENEFITS INSU N 10/01/02 1101 0.00 10/01/02 M100102 10 /02FINANCE DNTL,LI 20 OCTOBER 02 10/01/02 110769 0.00 0.00 100051100000 9010 METLIFE SMALL BUSINE N 10/01/02 1101 0.00 10/01/02 M100102 10 /02FINANCE LTD & S 20 OCTOBER 02 10/01/02 110768 0.00 0.00 TOTAL FINANCE CHECK AMT TOTAL FINANCE NET PAYABLE 100071000000 9010 CPIC LIFE INSURANCE N 10/01/02 M100102 10 /02COMM SRVCS VISI 20 OCTOBER 02 10/01/02 100071000000 9010 HOLMAN GROUP, THE N 10/01/02 M100102 10 /02COMM SRVC EMP A 20 OCTOBER 02 10/01/02 100071000000 9010 PUBLIC EMPLOYEE RETI N 10/01/02 M100102 10 /02COMM SRVCS MEDI 20 OCTOBER 02 10/01/02 100071000000 9010 FORTIS BENEFITS INSU N 10/01/02 M100102 10 /02COMM SRVCS DNTL 20 OCTOBER 02 10/01/02 RUN DATE 10/09/02 TIME 11:54:04 r `c f-j i b:' 1 1101 110772 1101 110771 1101 110770 1101 110769 0.00 10/01/02 0.00 0.00 0.00 10/01/02 0.00 0.00 0.00 10/01/02 0.00 0.00 0.00 10/01/02 0.00 0.00 PAGE 4 CHECK AMT NET PAYABLE 549.17 549.17 106.44 106.44 PENTAMATION - FUND ACCOUNTING 37.67 37.67 716.48 716.48 53.81 53.81 10.00 10.00 2101.92 2101.92 107.88 107.88 53.09 53.09 2326.70 2326.70 11.60 11.60 5.00 5.00 420.80 420.80 74.96 74.96 10/09/02 ACCOUNTING PERIOD: 4/02 FUND - 1000 - GENERAL FUND BUDGET UNIT ACCOUNT VENDOR CONTROL DESCRIPTION CITY OF MOORPARK, CA MANUAL CHECK ACTIVITY PAGE 5 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 100071000000 9010 METLIFE SMALL BUSINE N 10/01/02 1101 0.00 10/01/02 42.59 M100102 10 /02COMM SRVCS LTD 20 OCTOBER 02 10/01/02 110768 0.00 0.00 42.59 TOTAL COMMUNITY SERVICES CHECK AMT 554.95 TOTAL COMMUNITY SERVICES NET PAYABLE 554.95 100072100000 9010 CPIC LIFE INSURANCE N 10/01/02 1101 0.00 10/01/02 41.40 M100102 10 /02VECTOR VISION 20 OCTOBER 02 10/01/02 110772 0.00 0.00 41.40 100072100000 9010 HOLMAN GROUP, THE N 10/01/02 1101 0.00 10/01/02 5.00 M100102 10 /02VECTOR EMP ASSI 20 OCTOBER 02 10/01/02 110771 0.00 0.00 5.00 100072100000 9010 PUBLIC EMPLOYEE RETI N 10/01/02 1101 0.00 10/01/02 1101.48 M100102 10 /02VECTOR MEDICAL 20 OCTOBER 02 10/01/02 110770 0.00 0.00 1101.48 100072100000 9010 FORTIS BENEFITS INSU N 10/01/02 1101 0.00 10/01/02 240.20 M100102 10 /02VECTOR DNTL,LIF 20 OCTOBER 02 10/01/02 110769 0.00 0.00 240.20 100072100000 9010 METLIFE SMALL BUSINE N 10/01/02 1101 0.00 10/01/02 45.40 M100102 10 /02VECTOR LTD & ST 20 OCTOBER 02 10/01/02 110768 0.00 0.00 45.40 TOTAL VECTOR CONTROL CHECK AMT 1433.48 TOTAL VECTOR CONTROL NET PAYABLE 1433.48 100076100000 9010 CPIC LIFE INSURANCE N 10/01/02 1101 0.00 10/01/02 15.90 M100102 10 /02SR CTR VISION 20 OCTOBER 02 10/01/02 110772 0.00 0.00 15.90 100076100000 9010 HOLMAN GROUP, THE N 10/01/02 1101 0.00 10/01/02 2.50 M100102 10 /02SR CTR EMP ASSI 20 OCTOBER 02 10/01/02 110771 0.00 0.00 2.50 100076100000 9010 PUBLIC EMPLOYEE RETI N 10/01/02 1101 0.00 10/01/02 902.49 M100102 10 /02SR CTR MEDICAL 20 OCTOBER 02 10/01/02 110770 0.00 0.00 902.49 100076100000 9010 FORTIS BENEFITS INSU N 10/01/02 1101 0.00 10/01/02 120.10 M100102 10 /02SR CTR DNTL,LIF 20 OCTOBER 02 10/01/02 110769 0.00 0.00 120.10 100076100000 9010 METLIFE SMALL BUSINE N 10/01/02 1101 0.00 10/01/02 33.12 M100102 10 /02SR CTR LTD & ST 20 OCTOBER 02 10/01/02 110768 0.00 0.00 33.12 f. RUN DATE 10/09/02 TIME 11:54:04 PENTAMATION - FUND ACCOUNTING e A 10/09/02 CITY OF MOORPARK, CA ACCOUNTING PERIOD: 4/02 MANUAL CHECK ACTIVITY FUND - 1000 - GENERAL FUND 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 TOTAL SENIOR CENTER CHECK AMT TOTAL SENIOR CENTER NET PAYABLE 100076200000 9010 CPIC LIFE INSURANCE N 10/01/02 M100102 10 /02COMM FAC VISION 20 OCTOBER 02 10/01/02 100076200000 9010 HOLMAN GROUP, THE N 10/01/02 M100102 10 /02COMM FAC EMP AS 20 OCTOBER 02 10/01/02 100076200000 9010 PUBLIC EMPLOYEE RETI N 10/01/02 M100102 10 /02COMM FAC MEDICA 20 OCTOBER 02 10/01/02 100076200000 9010 FORTIS BENEFITS INSU N 10/01/02 M100102 10 /02COMM FAC DNTL,L 20 OCTOBER 02 10/01/02 100076200000 9010 METLIFE SMALL BUSINE N 10/01/02 M100102 10 /02COMM FAC LTD & 20 OCTOBER 02 10/01/02 TOTAL COMMUNITY FACILITIES CHECK AMT TOTAL COMMUNITY FACILITIES NET PAYABLE 100076300000 9010 CPIC LIFE INSURANCE N 10/01/02 M100102 10 /02REC VISION 20 OCTOBER 02 10/01/02 100076300000 9010 HOLMAN GROUP, THE N 10/01/02 M100102 10 /02REC EMP ASSIST 20 OCTOBER 02 10/01/02 100076300000 9010 PUBLIC EMPLOYEE RETI N 10/01/02 M100102 10 /02REC MEDICAL 20 OCTOBER 02 10/01/02 100076300000 9010 FORTIS BENEFITS INSU N 10/01/02 M100102 10 /02REC DNTL,LIFE 20 OCTOBER 02 10/01/02 100076300000 9010 METLIFE SMALL BUSINE N 10/01/02 M100102 10 /02REC LTD & STD 20 OCTOBER 02 10/01/02 TOTAL RECREATION PROGRAM CHECK AMT TOTAL RECREATION PROGRAM NET PAYABLE 100076301007 9010 CPIC LIFE INSURANCE N 10/01/02 M100102 10 /02TEEN COOR VISIO 20 OCTOBER 02 10/01/02 4.a RUN DATE 10/09/02 TIME 11:54:05 CA 1101 110772 1101 110771 1101 110770 1101 110769 1101 110768 1101 110772 1101 110771 1101 110770 1101 110769 1101 110768 1101 110772 0.00 10/01/02 0.00 0.00 0.00 10/01/02 0.00 0.00 0.00 10/01/02 0.00 0.00 0.00 10/01/02 0.00 0.00 0.00 10/01/02 0.00 0.00 0.00 10/01/02 0.00 0.00 0.00 10/01/02 0.00 0.00 0.00 10/01/02 0.00 0.00 0.00 10/01/02 0.00 0.00 0.00 10/01/02 0.00 0.00 0.00 10/01/02 0.00 0.00 PAGE 6 CHECK AMT NET PAYABLE 1074.11 1074.11 PENTAMATION - FUND ACCOUNTING 31.05 31.05 3.75 3.75 945.92 945.92 180.16 180.16 32.00 32.00 1192.88 1192.88 42.70 42.70 7.50 7.50 1439.83 1439.83 214.32 214.32 84.09 84.09 1788.44 1788.44 8.00 8.00 10/09/02 CITY OF MOORPARK, CA PAGE 7 ACCOUNTING PERIOD: 4/02 MANUAL CHECK ACTIVITY FUND - 1000 - GENERAL FUND 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 100076301007 9010 HOLMAN GROUP, THE N 10/01/02 1101 0.00 10/01/02 2.50 M100102 10 /02TEEN COOR EMP A 20 OCTOBER 02 10/01/02 110771 0.00 0.00 2.50 100076301007 9010 PUBLIC EMPLOYEE RETI N 10/01/02 1101 0.00 10/01/02 217.74 M100102 10 /02TEEN COOR MEDIC 20 OCTOBER 02 10/01/02 110770 0.00 0.00 217.74 100076301007 9010 FORTIS BENEFITS INSU N 10/01/02 1101 0.00 10/01/02 42.07 M100102 10 /02TEEN COOR DNTL, 20 OCTOBER 02 10/01/02 110769 0.00 0.00 42.07 100076301007 9010 METLIFE SMALL BUSINE N 10/01/02 1101 0.00 10/01/02 15.44 M100102 10 /02TEEN COOR LTD & 20 OCTOBER 02 10/01/02 110768 0.00 0.00 15.44 TOTAL TEEN PROGRAMS (800) CHECK AMT 285.75 TOTAL TEEN PROGRAMS (800) NET PAYABLE 285.75 100081000000 9010 CPIC LIFE INSURANCE N 10/01/02 1101 0.00 10/01/02 10.06 M100102 10 /02PW VISION 20 OCTOBER 02 10/01/02 110772 0.00 0.00 10.06 100081000000 9010 HOLMAN GROUP, THE N 10/01/02 1101 0.00 10/01/02 1.84 M100102 10 /02PW EMP ASSIST 20 OCTOBER 02 10/01/02 110771 0.00 0.00 1.84 100081000000 9010 PUBLIC EMPLOYEE RETI N 10/01/02 1101 0.00 10/01/02 322.77 M100102 10 /02PW MEDICAL 20 OCTOBER 02 10/01/02 110770 0.00 0.00 322.77 100081000000 9010 FORTIS BENEFITS INSU N 10/01/02 1101 0.00 10/01/02 66.17 M100102 10 /02PW DNTL,LIFE 20 OCTOBER 02 10/01/02 110769 0.00 0.00 66.17 100081000000 9010 METLIFE SMALL BUSINE N 10/01/02 1101 0.00 10/01/02 18.16 M100102 10 /02PW LTD & STD 20 OCTOBER 02 10/01/02 110768 0.00 0.00 18.16 TOTAL PUBLIC WORKS CHECK AMT 419.00 TOTAL PUBLIC WORKS NET PAYABLE 419.00 100083200000 9010 CPIC LIFE INSURANCE N 10/01/02 1101 0.00 10/01/02 0.56 M100102 10 /02NPDES VISION 20 OCTOBER 02 10/01/02 110772 0.00 0.00 0.56 100083200000 9010 HOLMAN GROUP, THE N 10/01/02 1101 0.00 10/01/02 0.10 M100102 10 /02NPDES EMP ASSTS 20 OCTOBER 02 10/01/02 110771 0.00 0.00 0.10 100083200000 9010 PUBLIC EMPLOYEE RETI N 10/01/02 1101 0.00 10/01/02 20.02 RUN DATE 10/09/02 TIME 11:54:05 PENTAMATION - FUND ACCOUNTING C) C.° Q- 10/09/02 CITY OF MOORPARK, CA ACCOUNTING PERIOD: 4/02 MANUAL CHECK ACTIVITY FUND - 1000 - GENERAL FUND 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 M100102 10 /02NPDRS MEDICAL 20 OCTOBER 02 10/01/02 110770 0.00 0.00 100083200000 9010 FORTIS BENEFITS INSU N 10/01/02 1101 0.00 10/01/02 M100102 10 /02NPDES DNTL,LIFE 20 OCTOBER 02 10/01/02 110769 0.00 0.00 100083200000 9010 METLIFE SMALL BUSINE N 10/01/02 1101 0.00 10/01/02 M100102 10 /02NPDES LTD & STD 20 OCTOBER 02 10/01/02 110768 0.00 0.00 TOTAL NPDES CHECK AMT TOTAL NPDES NET PAYABLE TOTAL GENERAL FUND CHECK AMT TOTAL GENERAL FUND NET PAYABLE S i ��} RUN DATE 10/09/02 TIME 11:54:05 C PAGE 8 CHECK AMT NET PAYABLE 20.02 PENTAMATION - FUND ACCOUNTING 3.42 3.42 1.23 1.23 25.33 25.33 17424.45 17424.45 10/09/02 CITY OF MOORPARK, CA PAGE 9 ACCOUNTING PERIOD: 4/02 MANUAL CHECK ACTIVITY FUND - 2000 - TRAFFIC SAFETY FUND 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 200082100000 9010 CPIC LIFE INSURANCE N 10/01/02 1101 0.00 10/01/02 9.75 M100102 10 /02CROSS GUARD VIS 20 OCTOBER 02 10/01/02 110772 0.00 0.00 9.75 200082100000 9010 HOLMAN GROUP, THE N 10/01/02 1101 0.00 10/01/02 1.98 M100102 10 /02CROSS GUARD EMP 20 OCTOBER 02 10/01/02 110771 0.00 0.00 1.98 200082100000 9010 PUBLIC EMPLOYEE RETI N 10/01/02 1101 0.00 10/01/02 400.31 M100102 10 /02CROSS GUARD MED 20 OCTOBER 02 10/01/02 110770 0.00 0.00 400.31 200082100000 9010 FORTIS BENEFITS INSU N 10/01/02 1101 0.00 10/01/02 75.51 M100102 10 /02CROSS GUARD DNT 20 OCTOBER 02 10/01/02 110769 0.00 0.00 75.51 200082100000 9010 METLIFE SMALL BUSINE N 10/01/02 1101 0.00 10/01/02 5.71 M100102 10 /02CROSS GUARD LTD 20 OCTOBER 02 10/01/02 110768 0.00 0.00 5.71 TOTAL CROSSING GUARDS CHECK AMT 493.26 TOTAL CROSSING GUARDS NET PAYABLE 493.26 200083300000 9010 CPIC LIFE INSURANCE N 10/01/02 1101 0.00 10/01/02 15.24 M100102 10 /02PRKNG ENF VISIO 20 OCTOBER 02 10/01/02 110772 0.00 0.00 15.24 200083300000 9010 HOLMAN GROUP, THE N 10/01/02 1101 0.00 10/01/02 2.49 M100102 10 /02PRKNG ENF EMP A 20 OCTOBER 02 10/01/02 110771 0.00 0.00 2.49 200083300000 9010 PUBLIC EMPLOYEE RETI N 10/01/02 1101 0.00 10/01/02 546.11 M100102 10 /02PRKNG ENF MEDIC 20 OCTOBER 02 10/01/02 110770 0.00 0.00 546.11 200083300000 9010 FORTIS BENEFITS INSU N 10/01/02 1101 0.00 10/01/02 98.40 M100102 10 /02PRKNG ENF DNTL, 20 OCTOBER 02 10/01/02 110769 0.00 0.00 98.40 200083300000 9010 METLIFE SMALL BUSINE N 10/01/02 1101 0.00 10/01/02 21.24 M100102 10 /02PRKNG ENF LTD & 20 OCTOBER 02 10/01/02 110768 0.00 0.00 21.24 TOTAL PARKING ENFORCEMENT CHECK AMT 683.48 TOTAL PARKING ENFORCEMENT NET PAYABLE 683.48 TOTAL TRAFFIC SAFETY FUND CHECK AMT 1176.74 TOTAL TRAFFIC SAFETY FUND NET PAYABLE 1176.74 IA or RUN DATE 10/09/02 TIME 11:54:06 PENTAMATION - FUND ACCOUNTING s'd 10/09/02 CITY OF MOORPARK, CA PAGE 10 ACCOUNTING PERIOD: 4/02 MANUAL CHECK ACTIVITY FUND - 2200 - COMMUNITY DEVELOPMENT 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 220061000000 9010 CPIC LIFE INSURANCE N 10/01/02 1101 0.00 10/01/02 38.60 M100102 10 /02COMM DEV VISION 20 OCTOBER 02 10/01/02 110772 0.00 0.00 38.60 220061000000 9010 HOLMAN GROUP, THE N 10/01/02 1101 0.00 10/01/02 5.63 M100102 10 /02COMM DEV EMP AS 20 OCTOBER 02 10/01/02 110771 0.00 0.00 5.63 220061000000 9010 PUBLIC EMPLOYEE RETI N 10/01/02 1101 0.00 10/01/02 1615.29 M100102 10 /02COMM DEV MEDICA 20 OCTOBER 02 10/01/02 110770 0.00 0.00 1615.29 220061000000 9010 FORTIS BENEFITS INSU N 10/01/02 1101 0.00 10/01/02 254.56 M100102 10 /02COMM DEV DNTL,L 20 OCTOBER 02 10/01/02 110769 0.00 0.00 254.56 220061000000 9010 METLIFE SMALL BUSINE N 10/01/02 1101 0.00 10/01/02 80.64 M100102 10 /02COMM DEV LTD & 20 OCTOBER 02 10/01/02 110768 0.00 0.00 80.64 TOTAL COMMUNITY DEVELOPMENT CHECK AMT 1994.72 TOTAL COMMUNITY DEVELOPMENT NET PAYABLE 1994.72 220064300000 9010 CPIC LIFE INSURANCE N 10/01/02 1101 0.00 10/01/02 23.46 M100102 10 /02CEO VISION 20 OCTOBER 02 10/01/02 110772 0.00 0.00 23.46 220064300000 9010 HOLMAN GROUP, THE N 10/01/02 1101 0.00 10/01/02 3.74 M100102 10 /02CEO EMP ASSIST 20 OCTOBER 02 10/01/02 110771 0.00 0.00 3.74 220064300000 9010 PUBLIC EMPLOYEE RETI N 10/01/02 1101 0.00 10/01/02 623.58 M100102 10 /02CEO MEDICAL 20 OCTOBER 02 10/01/02 110770 0.00 0.00 623.58 220064300000 9010 FORTIS BENEFITS INSU N 10/01/02 1101 0.00 10/01/02 138.52 M100102 10 /02CEO DNTL,LIFE 20 OCTOBER 02 10/01/02 110769 0.00 0.00 138.52 220064300000 9010 METLIFE SMALL BUSINE N 10/01/02 1101 0.00 10/01/02 34.82 M100102 10 /02CEO LTD & STD 20 OCTOBER 02 10/01/02 110768 0.00 0.00 34.82 TOTAL CODE ENFORCEMENT CHECK AMT 824.12 TOTAL CODE ENFORCEMENT NET PAYABLE 824.12 220064400000 9010 CPIC LIFE INSURANCE N 10/01/02 1101 0.00 10/01/02 78.95 M100102 10 /02PLANNING VISION 20 OCTOBER 02 10/01/02 110772 0.00 0.00 78.95 220064400000 9010 HOLMAN GROUP, THE N 10/01/02 1101 0.00 10/01/02 15.50 �s M100102 10 /02PLANNING EMP AS 20 OCTOBER 02 10/01/02 110771 0.00 0.00 15.50 RUN DATE 10/09/02 TIME 11:54:06 PENTAMATION - FUND ACCOUNTING :g.d 10/09/02 ACCOUNTING PERIOD: 4/02 FUND - 2200 - COMMUNITY DEVELOPMENT BUDGET UNIT ACCOUNT VENDOR CONTROL DESCRIPTION CITY OF MOORPARK, CA MANUAL CHECK ACTIVITY PAGE 11 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 220064400000 9010 PUBLIC EMPLOYEE RETI N 10/01/02 1101 0.00 10/01/02 2584.51 M100102 10 /02PLANNING MEDICA 20 OCTOBER 02 10/01/02 110770 0.00 0.00 2584.51 220064400000 9010 FORTIS BENEFITS INSU N 10/01/02 1101 0.00 10/01/02 526.98 M100102 10 /02PLANNING DNTL,L 20 OCTOBER 02 10/01/02 110769 0.00 0.00 526.98 220064400000 9010 METLIFE SMALL BUSINE N 10/01/02 1101 0.00 10/01/02 118.78 M100102 10 /02PLANNING LTD & 20 OCTOBER 02 10/01/02 110768 0.00 0.00 118.78 220064400000 9225 BOBARDT, DAVID N 10/01/02 1101 0.00 09/30/02 184.00 M100102 APA PLAN DIEGO PER D 20 10/12 EXP RE 10/01/02 110774 0.00 0.00 184.00 220064400000 9224 BOBARDT, DAVID N 10/01/02 1101 0.00 09/30/02 125.56 M100102 APA PLAN DIEGO MILEA 20 10/12 EXP RE 10/01/02 110774 0.00 0.00 125.56 TOTAL VENDOR CHECK AMT 309.56 TOTAL VENDOR NET PAYABLE 309.56 220064400000 9224 HOGAN, BARRY K. N 10/01/02 1101 0.00 09/30/02 125.56 M100102 APA PLAN DIEGO MILEA 20 10/12 EXP RE 10/01/02 110775 0.00 0.00 125.56 220064400000 9225 HOGAN, BARRY K. N 10/01/02 1101 0.00 09/30/02 184.00 M100102 APA PLAN DIEGO PER D 20 10/12 EXP RE 10/01/02 110775 0.00 0.00 184.00 TOTAL VENDOR CHECK AMT 309.56 TOTAL VENDOR NET PAYABLE 309.56 TOTAL PLANNING CHECK AMT 3943.84 TOTAL PLANNING NET PAYABLE 3943.84 TOTAL COMMUNITY DEVELOPMENT CHECK AMT 6762.68 TOTAL COMMUNITY DEVELOPMENT NET PAYABLE 6762.68 f� F.� RUN DATE 10/09/02 TIME 11:54:07 PENTAMATION - FUND ACCOUNTING 4S� 10/09/02 CITY OF MOORPARK, CA ACCOUNTING PERIOD: 4/02 MANUAL CHECK ACTIVITY FUND - 2300 - AD 84 -2 CITYWIDE 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 230079007901 9010 CPIC LIFE INSURANCE N 10/01/02 1101 0.00 10/01/02 M100102 10/02AD842 VISION 20 OCTOBER 02 10/01/02 110772 0.00 0.00 230079007901 9010 HOLMAN GROUP, THE N 10/01/02 1101 0.00 10/01/02 M100102 10/02AD842 EMP ASSIS 20 OCTOBER 02 10/01/02 110771 0.00 0.00 230079007901 9010 PUBLIC EMPLOYEE RETI N 10/01/02 1101 0.00 10/01/02 M100102 10/02AD842 MEDICAL 20 OCTOBER 02 10/01/02 110770 0.00 0.00 230079007901 9010 FORTIS BENEFITS INSU N 10/01/02 1101 0.00 10/01/02 M100102 10/02AD842 DNTL,LIFE 20 OCTOBER 02 10/01/02 110769 0.00 0.00 230079007901 9010 METLIFE SMALL BUSINE N 10/01/02 1101 0.00 10/01/02 M100102 10/02AD842 LTD & STD 20 OCTOBER 02 10/01/02 110768 0.00 0.00 TOTAL AD 84 -2 CITYWIDE CHECK AMT TOTAL AD 84 -2 CITYWIDE NET PAYABLE TOTAL AD 84 -2 CITYWIDE CHECK AMT TOTAL AD 84 -2 CITYWIDE NET PAYABLE �11 �J RUN DATE 10/09/02 TIME 11:54:07 PAGE 12 CHECK AMT NET PAYABLE PENTAMATION - FUND ACCOUNTING 7.25 7.25 0.86 0.86 202.34 202.34 42.04 42.04 9.74 9.74 262.23 262.23 262.23 262.23 10/09/02 CITY OF MOORPARK, CA ACCOUNTING PERIOD: 4/02 MANUAL CHECK ACTIVITY FUND - 2302 - AD 84 -2 ZONE 2 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 230289008902 9010 CPIC LIFE INSURANCE N 10/01/02 1101 0.00 10/01/02 M100102 10/02AD842 VISION 20 OCTOBER 02 10/01/02 110772 0.00 0.00 230289008902 9010 HOLMAN GROUP, THE N 10/01/02 1101 0.00 10/01/02 M100102 10/02AD842 EMP ASSIS 20 OCTOBER 02 10/01/02 110771 0.00 0.00 230289008902 9010 PUBLIC EMPLOYEE RETI N 10/01/02 1101 0.00 10/01/02 M100102 10/02AD842 MEDICAL 20 OCTOBER 02 10/01/02 110770 0.00 0.00 230289008902 9010 FORTIS BENEFITS INSU N 10/01/02 1101 0.00 10/01/02 M100102 10/02AD842 DNTL,LIFE 20 OCTOBER 02 10/01/02 110769 0.00 0.00 230289008902 9010 METLIFE SMALL BUSINE N 10/01/02 1101 0.00 10/01/02 M100102 10/02AD842 LTD & STD 20 OCTOBER 02 10/01/02 110768 0.00 0.00 TOTAL AD 84 -2 ZONE 2 CHECK AMT TOTAL AD 84 -2 ZONE 2 NET PAYABLE TOTAL AD 84 -2 ZONE 2 CHECK AMT TOTAL AD 84 -2 ZONE 2 NET PAYABLE RUN DATE 10/09/02 TIME 11:54:07 PAGE 13 CHECK AMT NET PAYABLE 0.07 0.07 PENTAMATION - FUND ACCOUNTING 0.01 0.01 2.07 2.07 0.43 0.43 0.10 0.10 2.68 2.68 2.68 2.68 10/09/02 CITY OF MOORPARK, CA ACCOUNTING PERIOD: 4/02 MANUAL CHECK ACTIVITY FUND - 2305 - AD 84 -2 ZONE 5 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 230589008902 9010 CPIC LIFE INSURANCE N 10/01/02 1101 0.00 10/01/02 M100102 10/02AD842 VISION 20 OCTOBER 02 10/01/02 110772 0.00 0.00 230589008902 9010 HOLMAN GROUP, THE N 10/01/02 1101 0.00 10/01/02 M100102 10/02AD842 EMP ASSIS 20 OCTOBER 02 10/01/02 110771 0.00 0.00 230589008902 9010 PUBLIC EMPLOYEE RETI N 10/01/02 1101 0.00 10/01/02 M100102 10/02AD842 MEDICAL 20 OCTOBER 02 10/01/02 110770 0.00 0.00 230589008902 9010 FORTIS BENEFITS INSU N 10/01/02 1101 0.00 10/01/02 M100102 10/02AD842 DNTL,LIFE 20 OCTOBER 02 10/01/02 110769 0.00 0.00 230589008902 9010 METLIFE SMALL BUSINE N 10/01/02 1101 0.00 10/01/02 M100102 10/02AD842 LTD & STD 20 OCTOBER 02 10/01/02 110768 0.00 0.00 TOTAL AD 84 -2 ZONE 5 CHECK AMT TOTAL AD 84 -2 ZONE 5 NET PAYABLE TOTAL AD 84 -2 ZONE 5 CHECK AMT TOTAL AD 84 -2 ZONE 5 NET PAYABLE 4e C.� RUN DATE 10/09/02 TIME 11:54:08 PAGE 14 CHECK AMT NET PAYABLE 0.07 0.07 PENTAMATION - FUND ACCOUNTING 0.01 0.01 2.07 2.07 0.43 0.43 0.10 0.10 2.68 2.68 2.68 2.68 10/09/02 CITY OF MOORPARK, CA ACCOUNTING PERIOD: 4/02 MANUAL CHECK ACTIVITY FUND - 2310 - AD 84 -2 ZONE 10 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 231089008902 9010 CPIC LIFE INSURANCE N 10/01/02 1101 0.00 10/01/02 M100102 10/02AD842 VISION 20 OCTOBER 02 10/01/02 110772 0.00 0.00 231089008902 9010 HOLMAN GROUP, THE N 10/01/02 1101 0.00 10/01/02 M100102 10/02AD842 EMP ASSIS 20 OCTOBER 02 10/01/02 110771 0.00 0.00 231089008902 9010 PUBLIC EMPLOYEE RETI N 10/01/02 1101 0.00 10/01/02 M100102 10/02AD842 MEDICAL 20 OCTOBER 02 10/01/02 110770 0.00 0.00 231089008902 9010 FORTIS BENEFITS INSU N 10/01/02 1101 0.00 10/01/02 M100102 10/02AD842 DNTL,LIFE 20 OCTOBER 02 10/01/02 110769 0.00 0.00 231089008902 9010 METLIFE SMALL BUSINE N 10/01/02 1101 0.00 10/01/02 M100102 10/02AD842 LTD & STD 20 OCTOBER 02 10/01/02 110768 0.00 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 F+ f C� RUN DATE 10/09/02 TIME 11:54:08 PAGE 15 CHECK AMT NET PAYABLE 0.84 0.84 PENTAMATION - FUND ACCOUNTING 0.15 0.15 24.78 24.78 5.13 5.13 1.19 1.19 32.09 32.09 32.09 32.09 10/09/02 CITY OF MOORPARK, CA PAGE 16 ACCOUNTING PERIOD: 4/02 MANUAL CHECK ACTIVITY FUND - 2400 - PARK MAINTENANCE DISTRICT 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 240078000000 9010 CPIC LIFE INSURANCE N 10/01/02 1101 0.00 10/01/02 46.50 M100102 10 /02PARKS VISION 20 OCTOBER 02 10/01/02 110772 0.00 0.00 46.50 240078000000 9010 HOLMAN GROUP, THE N 10/01/02 1101 0.00 10/01/02 5.39 M100102 10 /02PRK MAINT EMP A 20 OCTOBER 02 10/01/02 110771 0.00 0.00 5.39 240078000000 9010 PUBLIC EMPLOYEE RETI N 10/01/02 1101 0.00 10/01/02 1397.28 M100102 10 /02PARKS MEDICAL 20 OCTOBER 02 10/01/02 110770 0.00 0.00 1397.28 240078000000 9010 FORTIS BENEFITS INSU N 10/01/02 1101 0.00 10/01/02 275.73 M100102 10 /02PARKS DNTL,LIFE 20 OCTOBER 02 10/01/02 110769 0.00 0.00 275.73 240078000000 9010 METLIFE SMALL BUSINE N 10/01/02 1101 0.00 10/01/02 61.51 M100102 10 /02PARKS LTD & STD 20 OCTOBER 02 10/01/02 110768 0.00 0.00 61.51 TOTAL PARK MAINTENANCE CHECK AMT 1786.41 TOTAL PARK MAINTENANCE NET PAYABLE 1786.41 240078001001 9010 CPIC LIFE INSURANCE N 10/01/02 1101 0.00 10/01/02 20.70 M100102 10 /02PARKS VISION 20 OCTOBER 02 10/01/02 110772 0.00 0.00 20.70 240078001001 9010 HOLMAN GROUP, THE N 10/01/02 1101 0.00 10/01/02 2.50 M100102 10 /02PRK MAINT EMP A 20 OCTOBER 02 10/01/02 110771 0.00 0.00 2.50 240078001001 9010 PUBLIC EMPLOYEE RETI N 10/01/02 1101 0.00 10/01/02 566.14 M100102 10 /02PARKS MEDICAL 20 OCTOBER 02 10/01/02 110770 0.00 0.00 566.14 240078001001 9010 FORTIS BENEFITS INSU N 10/01/02 1101 0.00 10/01/02 120.10 M100102 10 /02PRKS DNTL,LIFE 20 OCTOBER 02 10/01/02 110769 0.00 0.00 120.10 240078001001 9010 METLIFE SMALL BUSINE N 10/01/02 1101 0.00 10/01/02 14.70 M100102 10 /02PARKS LTD & STD 20 OCTOBER 02 10/01/02 110768 0.00 0.00 14.70 TOTAL MAINTENANCE WORKER (800) CHECK AMT 724.14 TOTAL MAINTENANCE WORKER (800) NET PAYABLE 724.14 TOTAL PARK MAINTENANCE DISTRICT CHECK AMT 2510.55 TOTAL PARK MAINTENANCE DISTRICT NET PAYABLE 2510.55 (14� C) t. {� RUN DATE 10/09/02 TIME 11:54:08 PENTAMATION - FUND ACCOUNTING 10/09/02 CITY OF MOORPARK, CA PAGE 17 ACCOUNTING PERIOD: 4/02 MANUAL CHECK ACTIVITY FUND - 2605 - GAS TAX 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 260583100000 9010 CPIC LIFE INSURANCE N 10/01/02 1101 0.00 10/01/02 63.60 M100102 10 /02ST MAINT VISION 20 OCTOBER 02 10/01/02 110772 0.00 0.00 63.60 260583100000 9010 HOLMAN GROUP, THE N 10/01/02 1101 0.00 10/01/02 13.24 M100102 10 /02ST MAINT EMP AS 20 OCTOBER 02 10/01/02 110771 0.00 0.00 13.24 260583100000 9010 PUBLIC EMPLOYEE RETI N 10/01/02 1101 0.00 10/01/02 2163.46 M100102 10 /02ST MAINT MEDICA 20 OCTOBER 02 10/01/02 110770 0.00 0.00 2163.46 260583100000 9010 FORTIS BENEFITS INSU N 10/01/02 1101 0.00 10/01/02 427.02 M100102 10 /02ST MAINT DNTL,L 20 OCTOBER 02 10/01/02 110769 0.00 0.00 427.02 260583100000 9010 METLIFE SMALL BUSINE N 10/01/02 1101 0.00 10/01/02 135.13 M100102 10 /02ST MAINT LTD & 20 OCTOBER 02 10/01/02 110768 0.00 0.00 135.13 TOTAL STREET MAINTENANCE CHECK AMT 2802.45 TOTAL STREET MAINTENANCE NET PAYABLE 2802.45 260589008902 9010 CPIC LIFE INSURANCE N 10/01/02 1101 0.00 10/01/02 1.19 M100102 10/02AD842 VISION 20 OCTOBER 02 10/01/02 110772 0.00 0.00 1.19 260589008902 9010 HOLMAN GROUP, THE N 10/01/02 1101 0.00 10/01/02 0.17 M100102 10/02AD842 EMP ASSIS 20 OCTOBER 02 10/01/02 110771 0.00 0.00 0.17 260589008902 9010 PUBLIC EMPLOYEE RETI N 10/01/02 1101 0.00 10/01/02 41.54 M100102 10/02AD842 MEDICAL 20 OCTOBER 02 10/01/02 110770 0.00 0.00 41.54 260589008902 9010 FORTIS BENEFITS INSU N 10/01/02 1101 0.00 10/01/02 8.97 M100102 10/02AD842 DNTL,LIFE 20 OCTOBER 02 10/01/02 110769 0.00 0.00 8.97 260589008902 9010 METLIFE SMALL BUSINE N 10/01/02 1101 0.00 10/01/02 2.85 M100102 10/02AD842 LTD & STD 20 OCTOBER 02 10/01/02 110768 0.00 0.00 2.85 TOTAL PARKWAYS &MEDIANS CITYWIDE CHECK AMT 54.72 TOTAL PARKWAYS &MEDIANS CITYWIDE NET PAYABLE 54.72 TOTAL GAS TAX CHECK AMT 2857.17 TOTAL GAS TAX NET PAYABLE 2857.17 RUN DATE 10/09/02 TIME 11:54:09 PENTAMATION - FUND ACCOUNTING r 10/09/02 CITY OF MOORPARK, CA PAGE 18 ACCOUNTING PERIOD: 4/02 MANUAL CHECK ACTIVITY FUND - 2701 - CDBG ENTITLEMENT FUND 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 270124400000 9010 CPIC LIFE INSURANCE N 10/01/02 1101 0.00 10/01/02 1.60 M100102 10 /02CDBG VISION 20 OCTOBER 02 10/01/02 110772 0.00 0.00 1.60 270124400000 9010 HOLMAN GROUP, THE N 10/01/02 1101 0.00 10/01/02 0.50 M100102 10 /02CDBG EMP ASSIST 20 OCTOBER 02 10/01/02 110771 0.00 0.00 0.50 270124400000 9010 PUBLIC EMPLOYEE RETI N 10/01/02 1101 0.00 10/01/02 43.55 M100102 10 /02CDBG MEDICAL 20 OCTOBER 02 10/01/02 110770 0.00 0.00 43.55 270124400000 9010 FORTIS BENEFITS INSU N 10/01/02 1101 0.00 10/01/02 8.41 M100102 10 /02CDBG DNTL,LIFE 20 OCTOBER 02 10/01/02 110769 0.00 0.00 8.41 270124400000 9010 METLIFE SMALL BUSINE N 10/01/02 1101 0.00 10/01/02 6.31 M100102 10 /02CDBG LTD & STD 20 OCTOBER 02 10/01/02 110768 0.00 0.00 6.31 TOTAL CDBG CHECK AMT 60.37 TOTAL CDBG NET PAYABLE 60.37 270164300000 9010 CPIC LIFE INSURANCE N 10/01/02 1101 0.00 10/01/02 0.80 M100102 10 /02CDBG CEO VISION 20 OCTOBER 02 10/01/02 110772 0.00 0.00 0.80 270164300000 9010 HOLMAN GROUP, THE N 10/01/02 1101 0.00 10/01/02 0.13 M100102 10 /02CEO CDBG EMP AS 20 OCTOBER 02 10/01/02 110771 0.00 0.00 0.13 270164300000 9010 PUBLIC EMPLOYEE RETI N 10/01/02 1101 0.00 10/01/02 21.29 M100102 10 /02CDBG CEO MEDICA 20 OCTOBER 02 10/01/02 110770 0.00 0.00 21.29 270164300000 9010 FORTIS BENEFITS INSU N 10/01/02 1101 0.00 10/01/02 3.91 M100102 10 /02CDBG CEO DNTL,L 20 OCTOBER 02 10/01/02 110769 0.00 0.00 3.91 270164300000 9010 METLIFE SMALL BUSINE N 10/01/02 1101 0.00 10/01/02 1.26 M100102 10 /02CDBG CEO LTD & 20 OCTOBER 02 10/01/02 110768 0.00 0.00 1.26 TOTAL CODE ENFORCEMENT CDBG CHECK AMT 27.39 TOTAL CODE ENFORCEMENT CDBG NET PAYABLE 27.39 TOTAL CDBG ENTITLEMENT FUND CHECK AMT 87.76 TOTAL CDBG ENTITLEMENT FUND NET PAYABLE 87.76 �i - "� RUN DATE 10/09/02 TIME 11:54:09 PENTAMATION - FUND ACCOUNTING �1 ONILNnOOOK CNnJ - NOIIVW INHd oT:SS :TT HWIL ZO /6o /OT SLKC Nnd �i SS'Bbs H'IHKxKd LEN ONI /SSIIOH ONI QOW /MO'I VHW 'IKLOL SS'8bs LWK xOSHO ONI /SSnOH ONI COW /MO'I VHW 'IKLOL SS'8TS S'IHKxKd LHN SNISnOH V2M 'IKLOL sS'8bS LWK ?IOSHO JNISnOH VHW 'IKLOL LL "T£ 00 "0 00'0 89LOTT ZO /TO /OT Zo HaaOLO0 OZ CIS '9 CL'I VHWZO /OT ZOTOOTW LL'T£ ZO /TO /OT 00'0 TOTT ZO /TO /OT N SNIsna 'T'TKWS SdI'TLSW OT06 OOOOOZDZT06Z 69'SL 00'0 00'0 69LOTT ZO /TO /OT ZO 2I38OLJ0 OZ HHI'I''ILNC V-dWZO /OT ZOTOOTW 69'SL ZO /TO /OT 00'0 TOTT ZO /TO /OT N nSNI SLI3HNSH SIL2IO3 OT06 OOOOOZTZT06Z bb'SZfi 00'0 00'0 OLLOTT ZO /TO /OT ZO IdESOLOO OZ 'IKOICSW V2MZO /OT ZOTOOTW 56'TZi ZO /TO /OT 00'0 TOTT ZO/TO/OT N I1212i SHxO'IdWH OI'IB:nd OT06 OOOOOZ6ZT06Z SZ'E 00'0 00'0 TLLOTT ZO /TO /OT ZO HH8OLO0 OZ LSISSK dWH VdWZO /OT ZOTOOTW SZ'E Zo /TO /OT 00'0 TOTT ZO /TO /OT N HHL 'dnO2IO NKW'IOH OT06 OOOOOZbZT06Z OVET 00'0 00'0 ZLLOTT ZO /TO /OT ZO 'daHOLOO OZ NOISIA VHWZO /OT ZOTOOTW 0V ET ZO /TO /OT 00'0 TOTT ZO /TO /OT N SONK2InSNI HdI'I OIdO OT06 OOOOOZ5'ZT06Z S'iHKhKd LHN LWK OSIQ XKL SSn ON XDSHO LNnOOOK H,LKC MHO HOIOANI O/L NOILdI2IOSSC 'IOdJNOO ,LWK ?IOHHO HLK(i OSIQ XKL SH'iKS LOOK HSKO WVHE)O-dd LOKSNK2IL SC2i0 HSKHD2Md 660T 'dOCNSA LNROOOK LINO LHJCnH ONI /HSnOH ONI COW /MO'I VHW - T 0 6 Z - CNnd ILIAILOK ?IOHHO 'TdnNKW ZO /5 :COI-dSd SNILNnOOOK 6T SJKd KO 'XHVd'dOOW 30 dLIO ZO /60 /OT 10/09/02 CITY OF MOORPARK, CA ACCOUNTING PERIOD: 4/02 MANUAL CHECK ACTIVITY FUND - 2902 - MRA AREA 1 -INCR & OTHER 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 290224100000 9010 CPIC LIFE INSURANCE N 10/01/02 1101 0.00 10/01/02 M100102 10 /02MRA /ECO VISION 20 OCTOBER 02 10/01/02 110772 0.00 0.00 290224100000 9010 HOLMAN GROUP, THE N 10/01/02 1101 0.00 10/01/02 M100102 10 /02MRA /ECO EMP ASS 20 OCTOBER 02 10/01/02 110771 0.00 0.00 290224100000 9010 PUBLIC EMPLOYEE RETI N 10/01/02 1101 0.00 10/01/02 M100102 10 /02MRA /ECO MEDICAL 20 OCTOBER 02 10/01/02 110770 0.00 0.00 290224100000 9010 FORTIS BENEFITS INSU N 10/01/02 1101 0.00 10/01/02 M100102 10 /02MRA /ECO DNTL,LI 20 OCTOBER 02 10/01/02 110769 0.00 0.00 290224100000 9010 METLIFE SMALL BUSINE N 10/01/02 1101 0.00 10/01/02 M100102 10 /02MRA /ECO LTD & S 20 OCTOBER 02 10/01/02 110768 0.00 0.00 TOTAL MRA ECONOMIC DEVELOPMENT CHECK AMT TOTAL MRA ECONOMIC DEVELOPMENT NET PAYABLE TOTAL MRA AREA 1 -INCR & OTHER CHECK AMT TOTAL MRA AREA 1 -INCR & OTHER NET PAYABLE §� RUN DATE 10/09/02 TIME 11:54:10 PAGE 20 CHECK AMT NET PAYABLE 35.70 35.70 PENTAMATION - FUND ACCOUNTING 3.75 3.75 701.50 701.50 162.14 162.14 37.33 37.33 940.42 940.42 940.42 940.42 10/09/02 CITY OF MOORPARK, CA ACCOUNTING PERIOD: 4/02 MANUAL CHECK ACTIVITY FUND - 5000 - LOCAL TRANSIT PROGRAMS 8C 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 500073100000 9010 CPIC LIFE INSURANCE N 10/01/02 1101 0.00 10/01/02 M100102 10 /02PUB TRANS VISIO 20 OCTOBER 02 10/01/02 110772 0.00 0.00 500073100000 9010 HOLMAN GROUP, THE N 10/01/02 1101 0.00 10/01/02 M100102 10 /02PUB TRANS EMP A 20 OCTOBER 02 10/01/02 110771 0.00 0.00 500073100000 9010 PUBLIC EMPLOYEE RETI N 10/01/02 1101 0.00 10/01/02 M100102 10 /02PUB TRANS MEDIC 20 OCTOBER 02 10/01/02 110770 0.00 0.00 500073100000 9010 FORTIS BENEFITS INSU N 10/01/02 1101 0.00 10/01/02 M100102 10 /02PUB TRAN DNTL,L 20 OCTOBER 02 10/01/02 110769 0.00 0.00 500073100000 9010 METLIFE SMALL BUSINE N 10/01/02 1101 0.00 10/01/02 M100102 10 /02PUB TRAN LTD & 20 OCTOBER 02 10/01/02 110768 0.00 0.00 TOTAL PUBLIC TRANSIT PROGRAMS CHECK AMT TOTAL PUBLIC TRANSIT PROGRAMS NET PAYABLE TOTAL LOCAL TRANSIT PROGRAMS 8C CHECK AMT TOTAL LOCAL TRANSIT PROGRAMS 8C NET PAYABLE <l RUN DATE 10/09/02 TIME 11:54:10 PAGE 21 CHECK AMT NET PAYABLE 2.40 2.40 PENTAMATION - FUND ACCOUNTING 0.38 0.38 135.38 135.38 16.81 16.81 10.30 10.30 165.27 165.27 165.27 165.27 10/09/02 CITY OF MOORPARK, CA PAGE 22 ACCOUNTING PERIOD: 4/02 MANUAL CHECK ACTIVITY FUND - 5001 - SOLID WASTE AB939 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 500175307501 9010 CPIC LIFE INSURANCE N 10/01/02 1101 0.00 10/01/02 0.80 M100102 10 /02SLD WST VISION 20 OCTOBER 02 10/01/02 110772 0.00 0.00 0.80 500175307501 9010 HOLMAN GROUP, THE N 10/01/02 1101 0.00 10/01/02 0.25 M100102 10 /02SLD WST EMP ASS 20 OCTOBER 02 10/01/02 110771 0.00 0.00 0.25 500175307501 9010 PUBLIC EMPLOYEE RETI N 10/01/02 1101 0.00 10/01/02 45.12 M100102 10 /02SLD WST MEDICAL 20 OCTOBER 02 10/01/02 110770 0.00 0.00 45.12 500175307501 9010 FORTIS BENEFITS INSU N 10/01/02 1101 0.00 10/01/02 4.21 M100102 10 /02SLD WST DNTL,LI 20 OCTOBER 02 10/01/02 110769 0.00 0.00 4.21 500175307501 9010 METLIFE SMALL BUSINE N 10/01/02 1101 0.00 10/01/02 3.58 M100102 10 /02SLD WST LTD & S 20 OCTOBER 02 10/01/02 110768 0.00 0.00 3.58 TOTAL USED OIL GRANT CHECK AMT 53.96 TOTAL USED OIL GRANT NET PAYABLE - 53.96 500175307502 9010 CPIC LIFE INSURANCE N 10/01/02 1101 0.00 10/01/02 7.20 M100102 10 /02SLD WST VISION 20 OCTOBER 02 10/01/02 110772 0.00 0.00 7.20 500175307502 9010 HOLMAN GROUP, THE N 10/01/02 1101 0.00 10/01/02 1.88 M100102 10 /02SLD WST EMP ASS 20 OCTOBER 02 10/01/02 110771 0.00 0.00 1.88 500175307502 9010 PUBLIC EMPLOYEE RETI N 10/01/02 1101 0.00 10/01/02 406.10 M100102 10 /02SLD WST MEDICAL 20 OCTOBER 02 10/01/02 110770 0.00 0.00 406.10 500175307502 9010 FORTIS BENEFITS INSU N 10/01/02 1101 0.00 10/01/02 42.05 M100102 10 /02SLD WST DNTL,LI 20 OCTOBER 02 10/01/02 110769 0.00 0.00 42.05 500175307502 9010 METLIFE SMALL BUSINE N 10/01/02 1101 0.00 10/01/02 12.90 M100102 10 /02SLD WST LTD & S 20 OCTOBER 02 10/01/02 110768 0.00 0.00 12.90 TOTAL AB939 CHECK AMT 470.13 TOTAL AB939 NET PAYABLE 470.13 TOTAL SOLID WASTE AB939 CHECK AMT 524.09 TOTAL SOLID WASTE AB939 NET PAYABLE 524.09 TOTAL REPORT CHECK AMT 33491.03 '6dTAL REPORT NET PAYABLE 33491.03 1.1 RUN DATE 10/09/02 TIME 11:54:11 PENTAMATION - FUND ACCOUNTING a PENTAMATION — FUND ACCOUNTING DATE: 10/09/02 CITY OF MOORPARK, CA TIME: 10:11:47 CHECK REGISTER FUND — 1000 — GENERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED ----—--- - - - - -- VENDOR-------- - - - - -- ACCT 110776 1101 10/11/02 2335 AMERICAN HERITAGE LIFE IN 2299 110777 1101 10/11/02 1886 ICMA RETIREMENT TRUST 457 2210 110777 1101 10/11/02 1886 ICMA RETIREMENT TRUST 457 2210 TOTAL CHECK 110778 1101 10/11/02 1888 S E I U LOCAL 998 2208 110779 1101 10/11/02 1891 SANDRA KUENY 2299 110780 1101 10/11/02 1889 UNITED WAY OF VENTURA COU 2207 110781 1101 10/11/02 1890 VENTURA COUNTY DISTRICT A 2299 110782 1101 10/11/02 1887 WASHINGTON MUTUAL BANK, F 2210 110782 1101 10/11/02 1887 WASHINGTON MUTUAL BANK, F 2210 TOTAL CHECK 110783 1101 10/11/02 1887 WASHINGTON MUTUAL BANK, F 2210 TOTAL FUND TOTAL REPORT c 0 �'; ------- DESCRIPTION- - - - - -- CANCER INSURANCE F/T REG DEFER COMP F/T REG DEFER COMP UNION DUES CASE SD #020444 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: 4/02 AMOUNT 114.32 1,029.11 3,306.01 4,335.12 387.08 2,172.50 118.00 168.46 1,599.72 3,710.87 5,310.59 488.28 13,094.35 13,094.35 PENTAMATION - FUND ACCOUNTING PAGE NUMBER: 1 DATE: 10/09/02 CITY OF MOORPARK, CA VENCHK21 TIME: 10:11:50 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 4/02 FUND FUND TITLE 1000 GENERAL FUND TOTAL REPORT f;_J r AMOUNT 13,094.35 13,094.35 PENTAMATION - FUND ACCOUNTING PAGE NUMBER: 1 DATE: 10/09/02 CITY OF MOORPARK, CA VENCHK21 TIME: 15:48:12 CHECK REGISTER ACCOUNTING PERIOD: 4/02 FUND - 1000 - GENERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED - - - - -- VENDOR-------- - - - - -- ACCT - - - - - -- DESCRIPTION- - - - - -- AMOUNT 110784 1101 10/09/02 2837 ACLU- PRINTS 9236 7 /02FINGERPRINTING -1 10.00 110784 1101 10/09/02 2837 ACLU- PRINTS 9236 8 /02FINGERPRINTING -2 20.00 110784 1101 10/09/02 2837 ACCU - PRINTS 9236 7 /02FINGERPRINTING -2 20.00 TOTAL CHECK 50.00 110785 1101 10/09/02 2935 ACCURATE AIR 9205 AVRC HELIUM RENTAL 113.08 110786 1101 10/09/02 1007 ACCURATE ANSWERING SERVIC 9420 10 /02ANSWERING SRVCS 61.00 110786 1101 10/09/02 1007 ACCURATE ANSWERING SERVIC 9420 10 /02FAX SRVCS 8.45 TOTAL CHECK 69.45 110787 1101 10/09/02 2697 ARCH WIRELESS 9420 9/02C LERK PAGER 5.76 110787 1101 10/09/02 2697 ARCH WIRELESS 9420 9 /02CC PAGERS 57.83 110787 1101 10/09/02 2697 ARCH WIRELESS 9420 9 /02EMRGENCY SRVCS 3.86 110787 1101 10/09/02 2697 ARCH WIRELESS 9420 9/02C MGR PAGERS 29.15 110787 1101 10/09/02 2697 ARCH WIRELESS 9420 9 /02COMM SRVCS PAGER 5.76 110787 1101 10/09/02 2697 ARCH WIRELESS 9420 9 /02PRKS PAGER 8.66 110787 1101 10/09/02 2697 ARCH WIRELESS 9420 9 /02MRA PAGER 4.33 110787 1101 10/09/02 2697 ARCH WIRELESS 9420 9 /02PW PAGERS 15.38 110787 1101 10/09/02 2697 ARCH WIRELESS 9420 9 /02RECREATION PAGER 10.62 110787 1101 10/09/02 2697 ARCH WIRELESS 9420 9 /02FACILITIES PAGER 5.29 110787 1101 10/09/02 2697 ARCH WIRELESS 9420 9 /02PRKNG ENF PAGER 5.29 110787 1101 10/09/02 2697 ARCH WIRELESS 9420 9 /02COMM DEV PAGER 5.76 TOTAL CHECK 157.69 110788 1101 10/09/02 2903 BARAKAT, ADIL 3865 REFUND - BSKTBL LEAGUE 312.00 110789 1101 10/09/02 3314 BENNER & CARPENTER, INC. 9610 MAUREEN & LA PROP LIN 220.00 110790 1101 10/09/02 3043 BULLINGTON, JIM 9225 HIGH TECH CRIME PER 126.00 110791 1101 10/09/02 1983 BYAM, JAY H 9160 DANCE INSTRUCTION 183.00 110792 1101 10/09/02 3316 CALIFORNIA PLANNING & DEV 9220 CP & DR SUBSCRIPTION 249.00 110793 1101 10/09/02 2066 CALIFORNIA PUBLIC SECTOR 9205 7TH EDITION CA PUBLIC 311.95 110794 1101 10/09/02 1903 CALIFORNIA REDEVELOPMENT 9223 10 /23- 24HOUSING BONDS 375.00 110795 1101 10/09/02 3178 COMPLETE PROPERTY MAINTEN 9252 10 /02FOUNTAIN MAINTEN 200.00 110796 1101 10/09/02 2967 CPRS DISTRICT VIII TO AMY 9223 HARTNETT /SHAW REGISTR 60.00 110797 1101 10/09/02 1582 CREATIVE SOUNDS 9244 AFTER DARK DEEJAY SRV 395.00 110798 1101 10/09/02 1904 CSMFO 9236 ADMIN SRVCS DIR AD 264.00 110799 1101 10/09/02 2367 DAHL, TAYLOR & ASSOCIATES 2734 TOLL BROS ADMIN FEE 60.00 110799 1101 10/09/02 2367 DAHL, TAYLOR & ASSOCIATES 3806 TOLL BROS ADMIN REVEN -60.00 110799 1101 10/09/02 2367 DAHL, TAYLOR & ASSOCIATES 2755 TOLL BROS CLUB HOUSE 400.00 TOTAL CHECK 400.00 X110800 1101 10/09/02 2631 DALEY, MICHAEL 9244 REFEREE -2 BSKTBL GAME 40.00 y"= ?110801 1101 10/09/02 2226 DEPARTMENT OF JUSTICE 9236 7 /02FINGERPRINTING -7 224.00 �110801 1101 10/09/02 2226 DEPARTMENT OF JUSTICE 9236 8 /02FINGERPRINTS -2 64.00 PENTAMATION - FUND ACCOUNTING PAGE NUMBER: 2 DATE: 10/09/02 CITY OF MOORPARK, CA VENCHK21 TIME: 15:48:12 CHECK REGISTER ACCOUNTING PERIOD: 4/02 FUND - 1000 - GENERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT - - - - - -- DESCRIPTION- - - - - -- AMOUNT 110801 1101 10/09/02 2226 DEPARTMENT OF JUSTICE 9236 8 /02FINGERPRINTS -1 32.00 TOTAL CHECK 320.00 110802 1101 10/09/02 1179 DIAL SECURITY 9103 10 /02AVRC PATROL 180.00 110803 1101 10/09/02 2320 DIGITAL TELECOMMUNICATION 9102 10 /02SERVICE 284.00 110803 1101 10/09/02 2320 DIGITAL TELECOMMUNICATION 9102 FAX SERVICE 90.00 110803 1101 10/09/02 2320 DIGITAL TELECOMMUNICATION 9102 FAX LINE CABLE SPLICE 90.00 TOTAL CHECK 464.00 110804 1101 10/09/02 3317 DIVINE FAMILY CHIROPRACTI 2606 REFUND- GRIFFIN SECURI 75.00 110805 1101 10/09/02 1489 DRIVER ALLIANT 9233 D REED EAGLE SCOUT CE 66.00 110805 1101 10/09/02 1489 DRIVER ALLIANT 9233 S RAMOS B -DAY PARTY 144.00 110805 1101 10/09/02 1489 DRIVER ALLIANT 9233 K JOHNSON DOG OBEDIEN 87.00 110805 1101 10/09/02 1489 DRIVER ALLIANT 9233 C LOPEZ B -DAY PARTY 66.00 110805 1101 10/09/02 1489 DRIVER ALLIANT 9233 C CIEVAS MEMORIAL SRV 66.00 TOTAL CHECK 429.00 110806 1101 10/09/02 1197 DURHAM SCHOOL SERVICES 9244 8 /6TEEN TRAVEL CAMP 385.06 110807 1101 10/09/02 1200 E & M CONSTRUCTORS CO. 9640 TR RD LANDSCAPE 292.58 110807 1101 10/09/02 1200 E & M CONSTRUCTORS CO. 9640 LA AVE LANDSCAPE AOC 500.00 TOTAL CHECK 792.58 110808 1101 10/09/02 1854 ECOLA SERVICES INC 9103 ANNUAL TERMITE AGREEM 800.00 110809 1101 10/09/02 3264 ECONOMY HANDICRAFTS 9244 COUNTRY DAYS CRAFT SU 80.41 110810 1101 10/09/02 3319 FALCON ASSOCIATES, INC. 9236 COM SRVCS /CITY CLERK 90.00 110811 1101 10/09/02 3318 FISCHER, MICHAEL S. 9244 UMPIRE -WOMEN OVER 30 125.00 110812 1101 10/09/02 3324 FOUR POINTS BY SHERATON C 9225 HIGH TECH CRIME LOURS 283.50 110813 1101 10/09/02 1525 FRED PRYOR SEMINARS 9222 MICROSOFT TRAINING SE 79.00 110814 1101 10/09/02 3254 GALVEZ, MARIA 2614 SECURITY DEPOSIT REFU 280.00 110815 1101 10/09/02 3321 GRIFFITH, DENISE 3862 REFUND - TENNIS CLASS 40.00 110816 1101 10/09/02 3323 HAMMER, MIKE 3865 REFUND- BASKETBALL LEA 312.00 110817 1101 10/09/02 1272 HERTZ EQUIPMENT RENTAL, C 9244 9 /6TEEN DANCE TOWER 104.57 110818 1101 10/09/02 1275 HINDERLITER, DE LLAMAS & 9102 3RD QTR 02 TAX RECOVE 900.00 110819 1101 10/09/02 1283 HOME DEPOT -GECF 9208 PARKS HAND TOOLS 97.98 ar 110819 1101 10/09/02 1283 HOME DEPOT -GECF 9204 YARD OFFICE SUPPLIES 61.18 TOTAL CHECK 159.16 R ^� w� ;.10820 1101 10/09/02 1286 HOUSE SANITARY SUPPLY 9204 COM FAC CLEANING SUPP 64.03 �-�110820 1101 10/09/02 1286 HOUSE SANITARY SUPPLY 9204 COM FAC CLEANING SUPP 451.85 110820 1101 10/09/02 1286 HOUSE SANITARY SUPPLY 9204 AVRC CLEANING SUPPLIE 26.78 0.)110820 1101 10/09/02 1286 HOUSE SANITARY SUPPLY 9204 AVRC CLEANING SUPPLIE 165.98 �°:�,110820 1101 10/09/02 1286 HOUSE SANITARY SUPPLY 9204 COM FAC CLEANING SUPP 26.71 PENTAMATION - FUND ACCOUNTING PAGE NUMBER: 3 DATE: 10/09/02 CITY OF MOORPARK, CA VENCHK21 TIME: 15:48:12 CHECK REGISTER ACCOUNTING PERIOD: 4/02 FUND - 1000 - GENERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT - - - - - -- DESCRIPTION AMOUNT TOTAL CHECK 735.35 110821 1101 10/09/02 1298 INTERNATIONAL CONFERENCE 9221 HOGAN -CLASS A MEMBERS 195.00 110822 1101 10/09/02 2959 JENKINSON, DEPUTY STEVEN 9225 COMPUTER FRAUD PER DI 126.00 110823 1101 10/09/02 1309 JOBS AVAILABLE, INC 9236 8 /12CITY CLERK ADS 261.25 110823 1101 10/09/02 1309 JOBS AVAILABLE, INC 9236 ADMIN SRVCS DIR AD 321.75 TOTAL CHECK 583.00 110824 1101 10/09/02 1312 JOLLY JUMPS INC 9244 TRICK /TREAT VILLAGE 389.00 110825 1101 10/09/02 3170 KEISLER, JOHN R. 9103 9 /02TREE CONSULTING 580.00 110826 1101 10/09/02 3326 LEE WAYNE CORPORATION 9240 MPK PD DARE PRODUCTS 39.48 110827 1101 10/09/02 2221 LOPEZ, GLEN 9244 REFEREE - BSKTBL GAMES 40.00 110828 1101 10/09/02 1358 MARILYN'S TROPHIES 9205 BOCCE BALL MEDALS 26.13 110829 1101 10/09/02 3107 MARSHALL ARTS FOR KIDS 9160 YOUTH SAFETY INSTRUCT 108.00 110830 1101 10/09/02 1750 MOBILE MINI, INC. 9103 10 /02STORAGE UNIT REN 137.28 110831 1101 10/09/02 2918 MONSTERTRAK.COM 9236 COMM SRVCS ASSISTANT 100.00 110832 1101 10/09/02 1383 MOORPARK CHAMBER OF COMME 9234 MPK CITY RECYCLING AD 300.00 110832 1101 10/09/02 1383 MOORPARK CHAMBER OF COMME 9205 MPK CITY RECYCLING AD 650.00 TOTAL CHECK 950.00 110833 1101 10/09/02 3327 MORALES, ALICIA 2606 REFUND- SECURITY DEPOS 100.00 110834 1101 10/09/02 2855 MOST RELIABLE PEST CONTRO 9252 GRAINERY BEE EXTERMIN 100.00 110835 1101 10/09/02 1392 MVCAC -STATE MOSQUITO ASSO 9220 ARTHROPOD MANUAL & CD 19.17 110836 1101 10/09/02 3328 O'NEILL, BRIAN 3865 REFUND- FORFEIT FEE 40.00 110837 1101 10/09/02 2787 PASADENA POLICE DEPARTMEN 9222 10 /10- 12SPECIAL EVENT 122.00 110838 1101 10/09/02 2970 PEOPLEWISE, LLC 9236 8 /02EMP SCREENING SRV 220.50 110839 1101 10/09/02 1451 POSTNET AND COMMUNICATION 9232 J EA BUSINESS CARDS 101.89 110839 1101 10/09/02 1451 POSTNET AND COMMUNICATION 9232 S VALDEZ BUSINESS CRD 101.89 110839 1101 10/09/02 1451 POSTNET AND COMMUNICATION 9232 9/18 CC MTG AGENDA PA 437.79 110839 1101 10/09/02 1451 POSTNET AND COMMUNICATION 9240 PHONE #'S HANDOUT 530.89 TOTAL CHECK 1,172.46 110840 1101 10/09/02 3305 PRUITT, PHILIP V. 9102 SR CTR PIANO TUNING 65.00 110841 1101 10/09/02 3022 RALPHS GROCERY COMPANY 9205 CITY COUNCIL SUPPLIES 23.65 ].10841 1101 10/09/02 3022 RALPHS GROCERY COMPANY 9205 CITY COUNCIL SUPPLIES 65.99 110841 1101 10/09/02 3022 RALPHS GROCERY COMPANY 9205 MPK PD SUPPLIES 11.21 TOTAL CHECK 100.85 r4,� 110842 1101 10/09/02 2973 REED, DORENE 2611 REFUND -AVRC SECURITY 300.00 PENTAMATION - FUND ACCOUNTING PAGE NUMBER: 4 DATE: 10/09/02 CITY OF MOORPARK, CA VENCHK21 TIME: 15:48:12 CHECK REGISTER ACCOUNTING PERIOD: 4/02 FUND - 1000 - GENERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT - - - - - -- DESCRIPTION- - - - - -- AMOUNT 110843 1101 10/09/02 1493 S & S WORLDWIDE 9244 GEN REC SUPPLIES 50.23 110844 1101 10/09/02 1520 SIMI VALLEY LOCK & KEY 9204 MPK PD KEYS 29.49 110845 1101 10/09/02 1527 SMART & FINAL 9205 SR CTR HOSPITALITY 55.51 110846 1101 10/09/02 2788 SMITH, DEPUTY CRAIG 9225 SPEC EVENT PER DIEM 150.00 110847 1101 10/09/02 1438 SUNGARD PENTAMATION INC 9102 8 /02DATA LINE SRVCS 63.99 110847 1101 10/09/02 1438 SUNGARD PENTAMATION INC 9102 INSTALL GASB34 3.3VER 150.00 TOTAL CHECK 213.99 110848 1101 10/09/02 2850 TAMAYO, JOSE 2606 REFUND- SECURITY DEPOS 100.00 110849 1101 10/09/02 1718 THE FINE PRINT SHOP 9232 FALL 02 FLYER PRINTIN 202.70 110850 1101 10/09/02 1948 TOTAL TENNIS ACADEMY 9160 TENNIS CLASS INSTRUCT 153.60 110851 1101 10/09/02 1587 TREADWAY GRAPHICS 9240 MPK PD ATHLETIC TEES 573.75 110852 1101 10/09/02 3003 TV MAGIC, INC. 9504 EXTRON SHELF RACK 246.42 110853 1101 10/09/02 1599 UNIVERSAL REPROGRAPHICS, 9252 CITYWIDE LANDSCAPE 8.04 110853 1101 10/09/02 1599 UNIVERSAL REPROGRAPHICS, 9232 ZONING MAPS 8.79 110853 1101 10/09/02 1599 UNIVERSAL REPROGRAPHICS, 9232 ARCO PLAN COPIES 8.04 110853 1101 10/09/02 1599 UNIVERSAL REPROGRAPHICS, 9205 HOA COPIES 8.04 TOTAL CHECK 32.91 110854 1101 10/09/02 1604 VALERIO, BENITO 9252 GRAINERY -BOARD UP WIN 297.82 110855 1101 10/09/02 3194 VARSITY PARK HOA 9252 10/02 HOA DUES & LEGA 249.00 110856 1101 10/09/02 1616 VENTURA COUNTY SHERIFF'S 9236 5 /02FINGERPRINTING 30.00 110856 1101 10/09/02 1616 VENTURA COUNTY SHERIFF'S 9236 7 /02FINGERPRINTS 30.00 TOTAL CHECK 60.00 110857 1101 10/09/02 2097 VENTURA COUNTY, GSA FLEET 9208 MPK PD BIKE GUN MOUNT 160.98 110858 1101 10/09/02 1636 WHITAKER HARDWARE, INC 9204 VECTOR KEY COPIES 8.04 110859 1101 10/09/02 1519 WORKPLACE, THE -SIMI VALLE 9236 A MACK- VISION TEST 10.00 110859 1101 10/09/02 1519 WORKPLACE, THE -SIMI VALLE 9236 EMPLOYEE PHYSICALS -4 240.00 110859 1101 10/09/02 1519 WORKPLACE, THE -SIMI VALLE 9103 J CASILLAS DMV PHYSIC 60.00 TOTAL CHECK 310.00 110860 1101 10/09/02 3329 ZEPEDA, JOSE 2611 REFUND- SECURITY DEPOS 50.00 110861 1101 10/09/02 1643 ZUMAR INDUSTRIES, INC. 9303 BRACKETTS- HANGING SIG 230.59 f ' TOTAL FUND 18,849.70 ;y TOTAL REPORT 18,849.70 � a PENTAMATION - FUND ACCOUNTING PAGE NUMBER: 1 DATE: 10/09/02 CITY OF MOORPARK, CA VENCHK21 TIME: 15:48:16 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 4/02 FUND FUND TITLE AMOUNT 0100 INTERNAL SERVICES FUND 1,176.44 1000 GENERAL FUND 11,758.69 2000 TRAFFIC SAFETY FUND 5.29 2151 ART IN PUBLIC PLACES 200.00 2200 COMMUNITY DEVELOPMENT 508.48 2300 AD 84 -2 CITYWIDE 8.04 2302 AD 84 -2 ZONE 2 292.58 2400 PARK MAINTENANCE DISTRICT 346.64 2501 LOS ANGELES A.O.C. 720.00 2605 GAS TAX 245.97 2901 MRA LOW /MOD INC HOUSE /INC 904.00 2902 MRA AREA 1 -INCA & OTHER 402.15 4003 EQUIPMENT REPLACEMENT FUN 246.42 5001 SOLID WASTE AB939 950.00 6000 FIDUCIARY - GENERAL DEPOS 625.00 6399 TOLL BROS /BOLLINGER RESI 460.00 TOTAL REPORT 18.849.70 r PENTAMATION - FUND ACCOUNTING PAGE NUMBER: 1 DATE: 10/09/02 CITY OF MOORPARK, CA VENCHK21 TIME: 16:17:42 CHECK REGISTER ACCOUNTING PERIOD: 4/02 FUND - 1000 - GENERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT - - - - - -- DESCRIPTION- - - - - -- AMOUNT 110862 1101 10/16/02 2690 ACCOUNTEMPS 9102 SZABO -WEEK END9/13 900.00 110862 1101 10/16/02 2690 ACCOUNTEMPS 9102 SZABO -WEEK END9 /27 720.00 110862 1101 10/16/02 2690 ACCOUNTEMPS 9102 SZABO -WEEK END9 /20 371.25 TOTAL CHECK 1,991.25 110863 1101 10/16/02 1039 AUSTIN -FOUST ASSOCIATES, 3806 NORTH PRK ADMIN FEE - 1,069.88 110863 1101 10/16/02 1039 AUSTIN -FOUST ASSOCIATES, 2752 NORTH PRK VILLAGE 7,132.50 110863 1101 10/16/02 1039 AUSTIN -FOUST ASSOCIATES, 2734 NORTH PRK ADMIN FEE 1,069.88 110863 1101 10/16/02 1039 AUSTIN -FOUST ASSOCIATES, 2752 SUNCAL TT5130 VISTAS 420.00 110863 1101 10/16/02 1039 AUSTIN -FOUST ASSOCIATES, 3806 SUNCAL ADMIN REVENUE -63.00 110863 1101 10/16/02 1039 AUSTIN -FOUST ASSOCIATES, 2734 SUNCAL ADMIN FEE 63.00 TOTAL CHECK 7,552.50 110864 1101 10/16/02 1056 BERRY GENERAL ENGINEERING 2102 MILLER /PCH HILL RETEN - 10,259.65 110864 1101 10/16/02 1056 BERRY GENERAL ENGINEERING 9640 MILLER PRKWY /PCH HILL 102,596.50 TOTAL CHECK 92,336.85 110865 1101 10/16/02 3036 C.D.W. GOVERNMENT, INC. 9503 FUJITSU M4097D (GRAY) 4,933.50 110866 1101 10/16/02 1788 CANTWELL, ALICE A 9160 PRESCHOOL INSTRUCTOR 1,404.00 110867 1120 CHARLES ABBOTT ASSOCIATES VOID: MULTI STUB CHECK 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 1308 10/02 LOAN PAYMENT - 12,425.56 110868 1101 10/16/02 11.20 CHARLES ABBOTT ASSOCIATES 2711 87.336- 8 /02LENNAR HOM 444.25 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 9601 83.420- 8 /02LA AVE EAS 67.77 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 9103 92.260- 8 /02PENFIELD 29.25 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 90.020- 8 /02CYPRESS LA 169.75 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.043- 8/02TR5130 STU 368.00 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 9601 92.040 -8/02 02 SLURRY 168.50 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.304- 8 /02USA PROPER 1,061.14 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 84.246- 8 /02CNTRY CLUB 11,006.41 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.305- 8 /02USA PROPER 1,601.00 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.500- 8 /02SHARMA,IPD 19.50 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.501- 8 /02SHARMA,IPD 56.00 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 92.220- 8 /02NORTH PARK 496.75 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 9153 81.001- 8 /02ENG RETAIN 2,085.75 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 9103 92.018- 8 /02HARRASEER 165.00 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 9601 92.030 -8/02 02 OVERLA 3,228.00 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 87.328- 8 /02LENNAR HOM 328.00 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.309- 8 /02USA PROPER 1,160.25 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 87.341 -8 /02M TAILLON 19.50 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 88.035- 8 /02KAUFMAN 1,084.25 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 88.036- 8 /02KAUFMAN,BR 69.12 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 88.037- 8 /02KAUFMAN 726.50 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 88.038- 8 /02KAUFMAN 4,802.00 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 88.237- 8 /02CABRILLO 6,762.25 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 88.261- 8 /02MPK 150,LL 19.50 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 89.055- 8 /02PCH HILL 483.33 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 89.063- 8 /02FELSENTHAL 19.50 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 87.324- 8 /02LENNAR HOM 405.75 ;,.10868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 89.213- 8 /02MPK PARTNE 1,457.25 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.334- 8 /02ZELMAN DEV 340.03 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 90.073- 8 /02ACCESS RD 554.00 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 86.370- 8 /02MORRISON 880.50 7.10868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 9601 91.530- 8/02SR23 BYPAS 461.28 PENTAMATION - FUND ACCOUNTING PAGE NUMBER: 2 DATE: 10/09/02 CITY OF MOORPARK, CA VENCHK21 TIME: 16:17:42 CHECK REGISTER ACCOUNTING PERIOD: 4/02 FUND - 1000 - GENERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT - - - - - -- DESCRIPTION AMOUNT 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.333- 8 /02ZELMAN DEV 136.50 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.301- 8 /02USA PROPER 304.33 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.306- 8 /02USA PROPER 174.82 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 87.307- 8 /02LENNAR HOM 160.00 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.308- 8 /02USA PROPER 174.82 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.310- 8 /02USA PROPER 237.50 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.339- 8 /02ZELMAN DEV 6,396.50 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.381- 8 /02ADELPHIA 1,643.00 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.383- 8 /02ADELPHIA 19.50 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.402- 8 /02CARD SRVCS 301.00 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 92.021 -8/02 6717 ASPE 226.00 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.338- 8 /02ZELMAN DEV 297.99 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 92.131- 8 /02ANAYA -1295 183.50 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 92.102- 8 /02WIDINER 588.02 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 92.160- 8 /02WLM LYON 659.75 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 92.200- 8 /02R &R ENGINE 50.75 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 92.210- 8 /02MANUEL TES 30.10 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 92.211- 8 /02TESSIER 19.50 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 86.373- 8 /02MORRISON 965.50 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 85.063- 8 /02WEST AMERI 98.74 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 2711 84.247- 8 /02CNTRY CLUB 3,393.94 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 9601 91.530- 8/02SR23 BYPAS 1,122.55 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 9153 81.001- 8 /02ENG RETAIN 347.63 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 9157 81.003- 8 /02ENCROACHME 1,479.10 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 9601 91.421- 8 /02PCH HILL 130.75 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 9601 91.520- 8 /02MILLER /PKW 168.00 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 9154 81.002- 8 /02TRAFFIC EN 219.50 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 9153 81.001- 8 /02ENG RETAIN 347.62 110868 1101 10/16/02 1120 CHARLES ABBOTT ASSOCIATES 9154 81.002- 8 /02TRAFFIC EN 219.50 TOTAL CHECK 48,210.93 110869 1101 10/16/02 2873 CHICAGO TITLE COMPANY 9285 BUY SP #28 GUERRERO 14,425.00 110870 1101 10/16/02 2873 CHICAGO TITLE COMPANY 9285 REPLACEMENT HOUSING 13,500.00 110871 1101 10/16/02 1144 COMPUWAVE 9201 AMP SPEAKERS & SOUND 99.74 110871 1101 10/16/02 1144 COMPUWAVE 9201 XEROX EXT MAINT KIT 187.69 110871 1101 10/16/02 1144 COMPUWAVE 9201 IDE DRIVE 209.14 110871 1101 10/16/02 1144 COMPUWAVE 9201 XEROX EXT MAINT KIT 187.69 110871 1101 10/16/02 1144 COMPUWAVE 9201 BELKIN 6FT MICRO 41.83 110871 1101 10/16/02 1144 COMPUWAVE 9201 BELKIN SPLITTER 11.80 110871 1101 10/16/02 1144 COMPUWAVE 9503 COMPAQ R1500XR RACK MOUNT 698.20 TOTAL CHECK 1,436.09 110872 1101 10/16/02 3312 FIDELITY NATIONAL TITLE 9285 SP #25 RENTAL ASSISTAN 6,158.46 110873 1101 10/16/02 3310 GUERRERO, MARIA 9285 RENTAL /MOVING EXPENSE 1,100.00 110873 1101 10/16/02 3310 GUERRERO, MARIA 9285 RENTAL /MOVING EXPENSE 11,080.02 TOTAL CHECK 12,180.02 110874 1101 10/16/02 1765 HAWKS & ASSOCIATES INC 9601 FLINN AVE REALIGNMENT 4,686.72 J 110874 1101 10/16/02 1765 HAWKS & ASSOCIATES INC 9601 SPRING RD WIDENING 6,339.00 110874 1101 10/16/02 1765 HAWKS & ASSOCIATES INC 9601 FLINN AVE REALIGNMENT 4,686.73 TOTAL CHECK 15,712.45 °1 1.10875 1101 10/16/02 3311 HERNANDEZ, ENRIQUE 9285 HOUSING /MOVING EXPENS 7,500.00 PENTAMATION - FUND ACCOUNTING PAGE NUMBER: 3 DATE: 10/09/02 CITY OF MOORPARK, CA VENCHK21 TIME: 16:17:42 CHECK REGISTER ACCOUNTING PERIOD: 4/02 FUND - 1000 - GENERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT - - - - - -- DESCRIPTION- - - - - -- AMOUNT 110875 1101 10/16/02 3311 HERNANDEZ, ENRIQUE 9285 MOVING /HOUSING EXPENS 1,100.00 TOTAL CHECK 8,600.00 110876 1101 10/16/02 3322 HIGH TECH CRIME INSTITUTE 9222 11 /4- 62ULLINGTON,JENK 1,098.00 110877 1101 10/16/02 1303 IZADSEPAS, MINA G 9160 FITNESS COMBO 1,225.15 110878 1101 10/16/02 2157 LISTER PARTY RENTALS 9244 STAGE RENTAL - LABORDAY 1,037.74 110879 1101 10/16/02 1978 MITY -LITE, INC. 9245 CARTS FOR TABLES 542.69 110879 1101 10/16/02 1978 MITY -LITE, INC. 9245 5 FT GRAY CIRCULAR TABLES 2,433.07 TOTAL CHECK 2,975.76 110880 1101 10/16/02 1671 MOORPARK UNIFIED SCHOOL D 3601 CASEY ROAD SIGNAL ROW 91,114.89 110881 1101 10/16/02 2982 NATIONAL BUSINESS FURNITU 9245 COFFEE TABLE - 53074 897.75 110881 1101 10/16/02 2982 NATIONAL BUSINESS FURNITU 9245 COFEE TABLE FREIGHT 166.44 TOTAL CHECK 1,064.19 110882 1101 10/16/02 2217 PACIFIC RELOCATION CONSUL 9103 7 /02VALLEY COMPUTER 70.83 110882 1101 10/16/02 2217 PACIFIC RELOCATION CONSUL 9252 7 /02QUALITY LANDSCAPI 380.00 110882 1101 10/16/02 2217 PACIFIC RELOCATION CONSUL 9103 8/02 ADMIN FEE 150 230.45 110882 1101 10/16/02 2217 PACIFIC RELOCATION CONSUL 9252 8 /02AMIGOS JANITORIAL 313.00 110882 1101 10/16/02 2217 PACIFIC RELOCATION CONSUL 9103 8 /02VALLEY COMPUTER 60.80 110882 1101 10/16/02 2217 PACIFIC RELOCATION CONSUL 9103 7/02 ADMIN FEE 15% 101.70 110882 1101 10/16/02 2217 PACIFIC RELOCATION CONSUL 9252 8 /02WESTERN UTILITIES 500.00 110882 1101 10/16/02 2217 PACIFIC RELOCATION CONSUL 9252 7 /02SV PLUMBING 222.00 110882 1101 10/16/02 2217 PACIFIC RELOCATION CONSUL 9252 8 /02SV PLUMBING 72.50 110882 1101 10/16/02 2217 PACIFIC RELOCATION CONSUL 9252 8 /02QUALITY LANDSCAPI 590.00 TOTAL CHECK 2,541.28 110883 1101 10/16/02 1445 PICON, INC 9620 9 /02AVCP RR PROJECT 1,906.80 110884 1101 10/16/02 1478 RANCHO SIMI RECREATION AN 9244 SUMMER TRIPS CAMP MPK 1,246.00 110885 1101 10/16/02 3241 REHAB FINANCIAL CORPORATI 9282 ESTHER VON REHABILITA 6,647.00 110886 1101 10/16/02 2820 SCE 9413 10 /02AMOUNT NOT BILLE 1,551.79 110887 1101 10/16/02 1997 SIMI VALLEY HOSPITAL (LIF 9208 11 LIFELINE DEVICES 1,435.49 110887 1101 10/16/02 1997 SIMI VALLEY HOSPITAL (LIF 9208 11 LIFELINE DEVICES 6,459.68 110887 1101 10/16/02 1997 SIMI VALLEY HOSPITAL (LIF 9208 11 LIFELINE DEVICES 29.78 110887 1101 10/16/02 1997 SIMI VALLEY HOSPITAL (LIF 9208 11 LIFELINE DEVICES 148.91 TOTAL CHECK 8,073.86 110888 1101 10/16/02 3217 TASCO CONSTRUCTION, INC. 9620 9 /02AVRC RR /SNACK BAR 62,053.00 110889 1101 10/16/02 2822 TECHNOLOGY ARTISTS 9244 SOUND SYSTEM - LABORDAY 1,100.00 110890 1101 10/16/02 2289 U.S. POSTAL SERVICE /ASCOM 9231 CITY HALL POSTAGE MTR 3,000.00 c� r. 110891 1101 10/16/02 2283 VENCO WESTERN, INC. 9331 9/02 ZONE 12 LANDSCAP 3,778.50 ,110892 1101 10/16/02 1616 VENTURA COUNTY SHERIFF'S 9118 9 /02OVERTIME REG & CT 6,535.20 �,.N 110892 1101 10/16/02 1616 VENTURA COUNTY SHERIFF'S 9117 9 /02MIDDLE SCHOOL RES 9,237.25 1 c-�110892 1101 10/16/02 1616 VENTURA COUNTY SHERIFF'S 9117 9 /02COMM SRVCS 10,156.42 PENTAMATION - FUND ACCOUNTING DATE: 10/09/02 CITY OF MOORPARK, CA TIME: 16:17:42 CHECK REGISTER FUND - 1000 - GENERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT 110892 1101 10/16/02 1616 VENTURA COUNTY SHERIFF'S 9119 110892 1101 10/16/02 1616 VENTURA COUNTY SHERIFF'S 9117 110892 1101 10/16/02 1616 VENTURA COUNTY SHERIFF'S 9254 110892 1101 10/16/02 1616 VENTURA COUNTY SHERIFF'S 9117 110892 1101 10/16/02 1616 VENTURA COUNTY SHERIFF'S 9254 110892 1101 10/16/02 1616 VENTURA COUNTY SHERIFF'S 9117 110892 1101 10/16/02 1616 VENTURA COUNTY SHERIFF'S 9117 110892 1101 10/16/02 1616 VENTURA COUNTY SHERIFF'S 9117 110892 1101 10/16/02 1616 VENTURA COUNTY SHERIFF'S 9117 110892 1101 10/16/02 1616 VENTURA COUNTY SHERIFF'S 9117 TOTAL CHECK 110893 1101 10/16/02 1621 VIDEOMAX PRODUCTIONS 9504 110893 1101 10/16/02 1621 VIDEOMAX PRODUCTIONS 9102 110893 1101 10/16/02 1621 VIDEOMAX PRODUCTIONS 9102 TOTAL CHECK 110894 1101 10/16/02 1787 WILLIS, PAMELA S 9160 TOTAL FUND TOTAL REPORT - - - - - -- DESCRIPTION -- 9/02 5 STORIES IN FIL 9/02 5TH GRADE DARE 9 /02VEHICLE CHARGES 9 /02HIGH SCHOOL RESOU 9 /02MINI VAN CHARGES 9 /02TRAFFIC SRVCS 9 /02ADMIN ASSISTANT 9 /02PATROL SRVCS 9 /02INVESTIGATIVE SRV 9 /02SPECIAL ENF DETAI VIDEO SYSTEM REFURBIS 8 /02CONTRACT VIDEO PR 8 /02GRAPHIC /BBS SRVCS PRESCHOOL INSTRUCTOR PAGE NUMBER: 4 VENCHK21 ACCOUNTING PERIOD: 4/02 AMOUNT 1,294.72 9,237.25 14,257.94 10,156.42 153.00 23,311.26 5,559.25 171,810.82 30,617.25 10,286.00 302,612.78 6,000.00 2,250.00 672.00 8,922.00 1,053.00 731,442.79 731,442.79 PENTAMATION - FUND ACCOUNTING DATE: 10/09/02 CITY OF MOORPARK, CA TIME: 16:17:45 CHECK REGISTER - FUND TOTALS FUND FUND TITLE AMOUNT 0100 INTERNAL SERVICES FUND 3,737.89 1000 GENERAL FUND 312,153.10 2002 CITY -WIDE TRAFFIC MITIGAT 94,219.43 2100 COMMUNITY WIDE 63,959.80 2200 COMMUNITY DEVELOPMENT 8,126.85 2201 CITY AFFORDABLE HOUSING 6,647.00 2312 AD 84 -2 ZONE 12 3,778.50 2400 PARK MAINTENANCE DISTRICT 1,551.79 2501 LOS ANGELES A.O.C. 11,093.49 2502 TIERRA REJADA A.O.C. - 12,425.56 2503 CASEY /GABBERT A.O.C. 91,114.89 2603 LOCAL TRANSPORTATION 8A 3,396.50 2605 GAS TAX 219.50 2609 OTHER ST /FEDERAL GRANTS 15,998.25 2901 MRA LOW /MOD INC HOUSE /INC 57,404.76 2902 MRA AREA 1 -INCA & OTHER 4,686.73 4003 EQUIPMENT REPLACEMENT FUN 6,698.20 6005 UW /CCB TR4340,1,2,3 &4792 1,457.25 6015 SUNCAL 870.50 6047 WEST AMERICA 98.74 6193 CARLSBERG FINAN. /LENNAR 160.00 6281 TAILLON /ASPEN 19.50 6291 FAR WEST /KAUFMAN BROAD 6,681.87 6302 FELSENTHAL, JERROLD S. 19.50 6350 CABRILLO EDC 5161 6,762.25 6375 PEACH HILL LLC /CREATIVE W 483.33 6385 RICHMOND AM H 733.75 6399 TOLL BROS /BOLLINGER RESI 14,400.35 6407 WESTERN PACIFIC HOUSING 444.25 6431 CARDSERVICE 301.00 6437 CYPRESS LAND COMPANY 169.75 6460 PERFORMANCE NURSERY /SCE 554.00 6513 ZELLMAN /TARGET CENTER 7,171.02 6515 USA PROPERTIES 4,713.86 6534 NORTH PARK VILLAGE 8,699.13 6541 SHARMA GENERAL 75.50 6546 WILLIAM LYON HOMES 659.75 6548 PARDEE CONSTRUCTION 1,846.00 6566 RJR ENGINEERING 50.75 6908 ADELPHIA 1,662.50 6910 SHEA HOMES 226.00 6915 RON WIDINER 588.02 6919 JAIME ANAYA 183.50 6920 MANUEL TESSIER 49.60 TOTAL REPORT 731,442.79 wa+, A WIN. PAGE NUMBER: 1 VENCHK21 ACCOUNTING PERIOD: 4/02 MOORPARK CITY COUNCIL AGENDA REPORT TO: The Honorable City Council ITEM-10- 4. unummuftft AC i U► rYJvl_� rE'ia>rr,�Y,�r1cTli � d L.v� FROM: John Hartnett, Recreation Superintendent Peggy Rothschild, Senior Center Coordinator DATE: October 4, 2002 (CC Meeting of October 16, 2002) SUBJECT: Adoption of a FY 02/03 Budget Amendment for the Senior Games SUMMARY The City Council is being asked to approve a budget amendment for the Senior Games. If approved, the proposed budget amendment would transfer $750 from the Senior Center Trust Fund to the Senior Games expenditure budget. The proposed budget revision would bring the Senior Games budget to $3,250 from an original budget of $2,500. DISCUSSION Each year that the Senior Games have taken place in Moorpark, the month -long activities have culminated in a luncheon for all participants, with awards being distributed to all event winners. In prior years, two Moorpark residents have generously donated all the food and their services as cooks for the Awards Luncheon. With changes in Health Department and food preparation rules, these volunteers have declined to provide and prepare the food for this year's event. Since the Awards Luncheon was not anticipated as an expense before the Senior Games budget was finalized for FY 02/03, staff is recommending an allocation of $750 from the Senior Trust Fund to cover the additional cost. The requested amount will be used to purchase lunch for 150 -175 individuals at the Senior Games Closing Ceremony. All Senior P ," � Wigg' .•"•": 6^' a Honorable City Council October 16, 2002 Page 2 Games contestants, donors and dignitaries are invited to the event at no charge; guests of competitors are charged a $5 fee. STAFF RECOMMENDATION (Roll Call vote) Adopt Resolution No. 2002- , amending the FY 02/03 budget by allocating $750 from the Senior Trust Fund (6000) for the Senior Games Event. Attachments: Attachment A - Draft Resolution Exhibit A - Budget Revision Honorable City Council October 16, 2002 Page 3 RESOLUTION NO. 2002- ATTACHMENT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FY 2002/03 BUDGET FOR EXPENDITURES RELATED TO THE SENIOR GAMES BY APPROPRIATING $750 FROM THE SENIOR TRUST FUND (6000) BALANCE TO THE SENIOR CENTER DIVISION - SENIOR GAMES EXPENDITURE BUDGET (1000.7610). WHEREAS, on June 5, 2002, the City Council adopted the budget for Fiscal Year 2002/03; and WHEREAS, on October 16, 2002, staff presented the Council with a report which requests the appropriation of $750.00 from the Senior Trust Fund Balance for the Senior Games Closing Ceremony Award Luncheon; 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 $750 from the Senior Trust Fund as 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 16th day of October, 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Attachment: Exhibit A Honorable City Council October 16, 2002 Page 4 Resolution No. 2002- EXHIBIT A Budget Revision A. Fund Allocation: Fund No. Fund Name Amount 6000.2612 Senior Trust Fund $750 750 3,250 B. Budget Appropriation: BUDGET NUMBER BUDGETED REVISION NEW BUDGET 1000.7610.7601.9244 $2,500 750 3,250 Approved to Form: -�2� TO: FROM: DATE: SUBJECT: DISCUSSION MOORPARK CITY COUNCIL AGENDA REPORT The Honorable City Council Kenneth C. Gilbert, Director of Public ITEM I0, C 0 1 CI T Y ^F � %()nRP 1RRK. C AT.TFOR�NL TA 0,,A, C~ksanci] Nieetin., of -( X-) G -1 ACT BY`2� Works October 7, 2002 (Council Meeting 10- 16 -02) Petition and Waiver to Increase the Assessment amount for District 16 [AD01 -03: Cabrillo] A. Background Assessment District AD01 -3 was formed in August of 2001 (for FY 01/02), to fund City cost for the maintenance of certain storm drain catch basin filter inserts and for the maintenance of certain parkway landscaping, for Tract 5161. Said district was formed at the request of the property owner / developer of the property: Cabrillo Economic Development Corporation. In June of 2002, the FY 02/03 assessment was approved. The Engineer's Report for that action changed the name of this Assessment District to District 16. B. Minor Modification Nos. 1 & 2 - RPD 98 -7 [T -5161 The Director of Community Development recently approved Minor Modification Nos. 1 and 2 for the project. The revisions approved by that action are summarized as follows: • the deletion of the sidewalk at the west end of the "loop" streets to provide for additional landscaping along the block wall; • the addition of certain landscaped areas to the landscaping to be maintained by the City via District 16; • the addition of certain block wall maintenance to the scope of improvements to be maintained by the City via District 16; • a requirement that the property owner/ developer undertake efforts necessary to amend District 16 to include these additional responsibilities and to increase the annual assessment to fund these additional efforts.; and • the deletion of requirements for the formation of a Homeowner's Association. AD 16 Revise 0208 Assessment District 16 Revision October 7, 2002 Page 2 C. Scope of Improvements to be Maintained The diagram attached as Exhibit scope of the improvements to b District 16. The estimated annual set forth in the chart attached as D. Engineer's Report 1 illustrates the revised e maintained by Assessment cost of such maintenance is Exhibit 2. The City's Assessment Engineer has prepared the Engineer's Report for District 16 for FY 03/04 (attached to the Petition / Waiver - see Exhibit 3). That report sets forth the revised scope of improvements to be maintained and the revised assessment amount, as generally described above. All assessment engineering costs were paid by the developer. Although City Council action on the approval of this Engineer's Report is not required until May of 2003, the report was prepared at this time in order to facilitate the timely processing of the Petition / Waiver. E. Petition and Waiver Attached as Exhibit 3 is a copy of a Petition and Waiver, signed by the property owner / developer, requesting that the scope of maintenance and the assessment amount for District 16 be revised as indicated above. If these changes to the District are to be made, it is necessary for the City Council to take action on this request from the developer /owner before lots are sold. F. Effective Date of Change As indicated in the Engineer's Report, the increased assessment amount resulting from this action, will not become effective July 2003. STAFF RECOMMENDATION Accept and approve the subject Petition and Waiver increasing the assessment amount for District 16 [Cabrillo], as described in the agenda report. AD 16 Revise 0208 Exhibit AD01-3 ' [T51611 Improvements to be Maintained PO■WEX7ER A VENXW 1 2 s 8 7 N '46 REWS A 40 jV 38 31 36 35 34 41 A2 4d 46 PARK 'LM 'A- ale LM 'A-2" LAW 'A' "a-1" 44 4t I 40 LM so P cl If L*K 'A-f' LM F 'A-3 D ,I ZD ,---go tli LJW 'A-4' cz 26 jo J1 32 J3 a LAIF 'A' i , \ Q0ll�t LM "A-*- LANE 'A-S' J5 j A 57 56 55 54 ANS&W BELL PLAZA TRACT 5161 NO SCALE 40 jV 38 31 36 35 34 41 A2 4d 46 PARK 'LM 'A- LM 'A-2" LAW 'A' "a-1" 44 4t I 40 LM so P LM "A-*- LANE 'A-S' J5 j A 57 56 55 54 ANS&W BELL PLAZA TRACT 5161 NO SCALE 2 District 16 [ADO 1 -3]: Tract 5161 [Cabrillo]: FY 03/04 Annual Maintenance Cost Estimate / Assessment Amount Description Criteria 1 Landscaping 5X480 + 2400 sf COLA: FY 03/04 2400 sf X $.20 /yr = $80 /yr 6 Citywide District 6,926 sf x $00.8915/yr = $6,175 2 Walls Repair Per Lot Assessment Graffiti 3 Drains C/B Insert Maint & Replacement $179.26 See Memo 4/5/01 for Scope Sub -Total 4 Incidentals / Contengencies / Administration Sub -Total $7,500 $15,675 5 COLA: FY 02/03 2.1% COLA: FY 03/04 Est. 6 Citywide District $50 x 59 Total Per Lot Assessment 59 lots Page 1 of 1 5- Aug -02 Current Revised Assessment Assessment FY 02/03 FY 03/04 $480 - -- ---- $6,175 $1,000 $1,000 $7,500 $7,500 $15,675 $7,980 $2,380 $2,380 $10,360 $18,055 $216 $216 $250 $2,950 $21,471 $10,576 $179.26 $363.91 PETITION AND WAIVER RE: INCREASED ASSESSMENT FOR ASSESSMENT DISTRICT 16 [ADO1 -3] (TRACT 5161) TO: The Honorable City Council_ City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 RE: Request for an Increase to the Amount of the Assessment for Landscape Maintenance Assessment District 16 [ADO 1-3] for Tract No. 5161 The undersigned is the record owner(s) in fee simple of all of the real property identified below ( "the Property "). The Property is located within the City of Moorpark ( "the City") and is the subject of an approved Tentative Tract Map 5161 ( "the Tract "). The undersigned stipulates that certain improvements ( "the Improvements "), constructed or to be constructed by the undersigned, will be maintained by a homeowners' association formed by the undersigned or by an assessment district formed by the City. The undersigned stipulates that on August 1, 2001, at the request of the undersigned, the City Council of the City ( "the City Council ") adopted Resolution No. 2001 -1874 forming Landscape Maintenance Assessment District AD01 -3 [subsequently referred to as District 16] ( "the District ") for the purpose of having the City maintain certain then designated improvements ( "Previous Scope of Maintenance ") at the expense of the undersigned and its successors -in- interest, including the subsequent owners of the lots into which the Property is or will be subdivided upon the recordation of the final maps for the Tract. The undersigned hereby petitions the City Council to revise the scope of the improvements to be maintained by the City, to be as generally described in the revised scope of maintenance ( "Revised Scope of Maintenance ") set forth in the preliminary Engineer's Report attached hereto and made a part hereof as Exhibit "A ". The undersigned also petitions the City Council to increase the amount of the assessment for the District to the amounts set forth in Exhibit "A ". The undersigned hereby waives, for itself and its successors -in- interest, all of the rights conferred upon the owners of real property under Article XIII D of the California Constitution and the implementing statute at Article 4.6 of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code (commencing with Section 53750) (collectively "the Article "). The undersigned also waives, for itself and its successors -in- interest, all of the rights conferred upon the owners of real property under Chapter 2 of the Landscaping and Lighting Act of 1972 (commencing with Section 22500 of the Streets and Highways Code) ( "the Act "). In executing this Petition and Waiver, the undersigns understands, agrees and acknowledges that: 1. The amount of the assessment chargeable to the entire District, the amount chargeable to each lot within the Tract, the duration of the payments, the reason for the assessment and the basis upon which the amount of the assessment was calculated are set forth in Exhibit "A ". 2. The amount of the assessment chargeable to each lot within the District, as set forth in Exhibit "A ", includes an assessment of S50 per lot per year for lighting and landscaping, plus applicable future cost of living adjustments (the "LL Rate "). If the City of Moorpark forms a new Citywide landscaping C%,J .tom 1 Petition and Waiver: Tract 5161 September 2002 and lighting assessment district, or increases the existing assessments for its existing Citywide landscaping and lighting assessment district, the LL Rate will be reduced by the amount of the new Citywide assessment. 3. The amount chargeable to the District, as set forth in Exhibit "A ", does not exceed the reasonable cost of the special benefit conferred on the entire Property or Tract. 4. The amount chargeable to each lot, as set forth in Exhibit "A ", does not exceed the reasonable cost of the proportional special benefit conferred on that lot. In executing this Petition and Waiver, the undersigns warrants and represents that: 1. It has read the Article and has had an opportunity to have the Article, including the rights conferred by the Article that are being waived pursuant to this Petition and Waiver, explained to it by legal counsel of its choice; It has read the Act and has had an opportunity to have the Act, including the rights conferred by the Act that are being waived pursuant to this Petition and Waiver, explained to it by legal counsel of its choice; It has read this Petition and Waiver, has had the opportunity to have the Petition and Waiver explained to it by legal counsel of its choice, knows and understands the rights that it is waiving by this Petition and Waiver, knows and understands the legal effects of the Petition and Waiver, and is not relying upon any representations by the City Council or any of the officers, employees, servants or agents of the City. The undersigned has submitted a check payable to the City in the amount of $2,000.00 ( "the Deposit ") to be used to pay the costs incurred by the City in 1) the development, processing and approval of this Petition and Waiver, 2) the development and approval of the Engineer's Report for the District (Exhibit `A') and other costs associated with the establishment of the District. The undersigned further agrees to pay, upon demand, any costs incurred by the City in excess of the Deposit. THIS PETITION AND WAIVER IS KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY EXECUTED this / day of C''c tx�r , 2002 at `� {-i ( , California. abrillo Economic Development Corp. By: lzi-i_. c L,� Karen Flock, Housing Development Direct. The property that is subject to this Petition And Waiver and owned (not leased or optioned) by the above named owner(s) is that property subject of Tract No. 5161. -2— CITY OF MOORPARK City of Moorpark Landscaping and Lighting Maintenance Assessment District District No. 16 ENGINEER'S REPORT Fiscal Year 2003 -04 September 2002 (Pursuant to the Landscaping and Lighting Act of 1972 and Article XIIID of the California Constitution) Engineer of Work Shilts Consultants, Inc. 2300 Boynton Avenue, Suite 201 Fairfield, CA 94533 (707) 426 -5016 CITY OF MOORPARK City of Moorpark Landscaping and Lighting Maintenance Assessment District District No. 16 TABLE OF CONTENTS I. INTRODUCTION ................................................................................................ ............................... 1 II. CERTIFICATES ............................................................................................... ..............................2 III. PLANS & SPECIFICATIONS ........................................................................ ............................... 3 IV. FISCAL YEAR 2003 -04 ESTIMATE OF COST AND BUDGET ............... ............................... 4 V. METHOD OF APPORTIONMENT ................................................................... ............................... 5 A. METHOD OF APPORTIONMENT ............................................................................ ............................... 5 B. DISCUSSION OF BENEFIT ..................................................................................... ............................... 5 C. GENEP kL VERSUS SPECIAL BENEFIT ................................................................... ............................... 6 D. METHOD OF ASSESSMENT ................................................................................... ............................... 7 E. ASSESSMENT APPORTIONMENT ........................................................................... ............................... 7 1. Citywide Lighting & Landscaping Assessment .............................................. ............................... 8 2. Appeals and Interpretation ............................................................................ ............................... 8 VI. ASSESSMENT ................................................................................................. ............................... 9 VII. ASSESSMENT DIAGRAM ........................................................................... ............................... 11 VIII. APPENDIX A - -1972 ACT APPLICATION ........................................... ............................... 12 IX. APPENDIX B — ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION ..................... 16 X. APPENDIX C - 2003 -04 ASSESSMENT ROLL .............................................. ............................... 20 I. INTRODUCTION The City of Moorpark Landscaping and Lighting Assessment District No. AD01 -3 was formed in August 2001 to provide funding for the installation, maintenance and improvement of the parkway landscaping and related improvements along and adjacent to Poindexter Avenue, and maintenance of storm drainage catch basin inserts within Tentative Tract 5161 (Cabrillo Economic Development). This District was formed at the request of the property owner / developer of the property, Cabrillo Economic Development Corporation. In June of 2002 the fiscal year 2002 -03 assessment was approved, and at that time the name of this Assessment District was changed to District 16 (the "District "). The developer is processing minor modifications to the project, which will result in a change in the scope of the landscaping and wall maintenance to be undertaken by the District. This Engineer's Report ( "Report ") was prepared to establish the budget for the revised scope of maintenance that would be funded by the proposed fiscal year 2003 -04 assessments and to determine the benefits received from the maintenance and improvements by property within the District and the method of assessment apportionment to lots and parcels. This Report and the proposed assessments have been made pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the "Act ") and Article XIIID of the California Constitution (the "Article "). For a more complete description of the Act and the Article, please refer to Appendix A and Appendix B. In lieu of a mailed ballot proceeding, the property owner will submit a Petition and Waiver to the Council for approval. In submitting this document to the City, the property owner (1) requests that the district increase the budget to provide funding for the increased landscaping and wall maintenance; and (2) waives all rights conferred by Proposition 218 with respect to the approval of the increased assessment by mailed ballot. Following submittal of this Report and the property owner's Petition /Waiver to the City of Moorpark City Council (the "Council ") for preliminary approval, the Council may, by Resolution, call for a Public Hearing on the proposed increase of assessments for the increased landscaping maintenance and improvements. The public hearing must be held for the purpose of allowing public testimony regarding the proposed increase of the assessments. This hearing is scheduled for October 16, 2002 at 6:30 p.m. At this hearing, the Council may take action to approve the increased assessments and approve the levy of the assessments for fiscal year 2002 -03. If the assessments are so confirmed and approved, the levies would be submitted to the County Auditor /Controller in July 2003 for inclusion on the property tax roll for Fiscal Year 2003 -04. Citv oJ'Nloorpark Landscaping and Lighting Maintenance Assessment District No. 16 09123102 Engineer's Report, Fiscal Year 2003 -04, by Shilts Consultants, Inc. Page l C ' .:s CITY OF MOORPARK Landscaping and Lighting Maintenance Assessment District No. 16 IL CERTIFICATES 1. The undersigned respectfully submits the enclosed Engineer's Report and does hereby certify that this Engineer's Report, and the Assessment and Assessment Diagram herein, have been prepared by me in accordance with the order of the City Council of the City of Moorpark, adopted on 2002. Engineer of Work, License No. C14084 2. I, the Clerk of the City Council, City of Moorpark, County of Ventura, California, hereby certify that the enclosed Engineer's Report, together with the Assessment and Assessment Diagram thereto attached, was filed and recorded with me on , 2002. Clerk of the City Council 3. I, the Clerk of the City Council, City of Moorpark, County of Ventura, California, hereby certify that the Assessment in this Engineer's Report was approved and confirmed by the City Council on 2002, by Resolution No. Clerk of the City Council 4. I, the Clerk of the City Council of the City of Moorpark, County of Ventura, California, hereby certify that a copy of the Assessment and Assessment Diagram was filed in the office of the County Auditor of the County of Ventura, California, on 2003. Clerk of the City Council 5. I, the County Auditor of the County of Ventura, California, hereby certify that a copy of the Assessment Roll and Assessment Diagram for fiscal year 2003 -04 was filed with me on , 2003. County Auditor, County of Ventura City of Moorpark Landscaping and Lighting Maintenance Assessment District No. 16 09123102 Engineer's Report, Fiscal Year 2003 -04, by Shilts Consultants, Inc. Page 2 Ill. PLANS & SPECIFICATIONS The work and improvements proposed to be undertaken by the City of Moorpark Landscaping and Lighting Maintenance Assessment District No. 16 (the "District ") and the cost thereof paid from the levy of the annual assessment provide special benefit to Assessor Parcels within the District as defined in the Method of Assessment herein. Consistent with the Landscaping and Lighting Act of 1972, (the "Act ") the work and improvements are generally described as follows: Within the landscaping and lighting district, the existing and proposed improvements are generally described as the installation, maintenance and servicing of turf, ground cover, shrubs and trees, irrigation systems, drainage systems, lighting, fencing, statuary, fountains, and other ornamental structures and facilities, entry monuments and all necessary appurtenances, and labor, materials, supplies, utilities and equipment, as applicable, for property owned or maintained by the City of Moorpark located in or adjacent to the properties contained within Tract 5161. Any plans and specifications for these improvements will be filed with the City of Moorpark and are incorporated herein by reference. As applied herein, "maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of said improvements, including repair, removal or replacement of all or any part of any improvement; providing for the life, growth, health, and beauty of landscaping, and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. "Servicing" means the furnishing of electric current, or energy, gas or other illuminating agent for the lighting or operation of any improvements; maintaining, operating and servicing street and traffic safety lighting, and water for irrigation of any landscaping or the maintenance of any other improvements. Cin, of Moorpark Landscaping and Lighting Maintenance Assessment District No. 16 09123102 Engineer's Report, Fiscal Year 2003 -04, by Shills Consultants, Inc. Page 3 IV. FISCAL YEAR 2003 -04 ESTIMATE OF COST AND BUDGET Description of Improvements 1. Landscape improvements include: To maintain approximately 6,926 square feet of parkway landscaping located in and adjacent Tract 5161. 2. Wall Maintenance: Wall maintenance, including graffiti abatement, and repair of the walls. 3. Drainage improvements include: Drainage maintenance costs associated with twelve (12) storm water quality catch basin filter inserts placed in twelve (12) catch basins within Tract 5161. 4. Citywide Lighting and Landscaping Assessment: An assessment of $50 per lot per year to fund a portion of costs for the maintenance of citywide landscaping and street lighting. Estimate of Cost FY 2003 -04 Landscape and Irrigation Landscape Maintenance & Water $6,640.00 Wall Maintenance Repair $1,000.00 Graffiti $1,000.00 Drainage Improvements Catch Basin Maintenance & Replacement $7,500.00 Administrative Costs $400.00 Total Budget $16,540.00 Contingency / Incidentals $1,980.00 Citywide Street Lighting & Landscaping Asmt ($50 per lot) $2,950.00 Total Budget to Levy $21,470.00 Budget to Assessment Total Assessment Budget` $21,470.10 Single Family Equivalent Benefit Units 59 Assessment per Single Family Equivalent Unit $363.90 'All assessments are rounded to the lower even penny. Therefore, the budget amount slightly differs from the assessment rate. City of Moorpark Landscaping and Lighting Maintenance Assessment District No. 16 09123102 Engineer's Report, Fiscal Year 2003 -04, by Shilts Consultants, Inc. Page 4 IA. Capital Improvement Reserve Fund The District has a Capital Improvement Reserve Fund to provide funding for unforeseen expenses (slope failures, etc.). The projected year -end balance for said Capital Improvement Reserve Funds shall not exceed three (3) years of estimated program costs for the district; and if and when it is determined that levying the maximum authorized assessment for the district in any given year, would cause the Capital Improvement Reserve Fund for the district to exceed said limit, then the amount of the approved assessment which shall be "levied" upon the properties in the district, shall rbe reduced to an amount which is estimated to not cause the Capital Improvement Reserve Fund year -end balance to exceed said limit. In any event, the amount of the assessment shall always remain unchanged. Any reduction to the amount actually levied upon the property, shall not affect the maximum authorized assessment amount for that or any future year. V. METHOD OF APPORTIONMENT 1 A. Method of Apportionment This section of the Engineer's Report includes an explanation of the benefits to be derived from the installation, maintenance and servicing of lighting and landscaping facilities throughout the City, and the methodology used to apportion the total assessment to properties within the City of Moorpark Landscaping and Lighting Maintenance District No. 16. The City of Moorpark Landscaping and Lighting Maintenance District No. 16 consists of all Assessor Parcels within the boundaries of Tentative Tract 5161 as defined by the County of Ventura tax code areas. The parcels include all privately or publicly owned parcels within said boundaries. The method used for apportioning the assessment is based upon the proportional special benefits to be derived by the properties in the City of Moorpark Landscaping and Lighting Maintenance District No. 16 over and above general benefits conferred on real property or to the public at large. The apportionment of special benefit is a two step process: the first step is to identify the types of special benefit arising from the improvements, and the second step is to allocate the assessments to property based on the estimated relative special benefit for each type of property. B. Discussion of Benefit ` In summary, the assessments can only be levied based on the special benefit to property. This benefit is received by property over and above any general benefits. Moreover, such benefit is not based on any one property owner's use of the District's Lsetback landscaping or a property owner's specific demographic status. With reference to the requirements for assessments, Section 22573 of the Landscaping and Lighting Act of 1972 states: I City of ,Moorpark Landscaping and Lighting ,Maintenance Assessment District No. 16 09124102 Engineer's Report, Fiscal Year 2003 -04, by Shills Consultants, Inc. page 5 "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed that assessments must be based on the special benefit to property: "No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. " The following benefit categories summarize the types of special benefit to residential, commercial, industrial and other lots and parcels resulting from the installation, maintenance and servicing of landscaping improvements to be provided with the assessment proceeds. These categories of special benefit are derived from the statutes passed by the California Legislature and other studies which describe the types of special benefit received by property from maintenance and improvements such as those proposed by the City of Moorpark Landscaping and Lighting Assessment District No. 16. These types of special benefit are summarized as follows: A. Protection of views, scenery and other resources values and environmental benefits enjoyed by residents, customers and guests and preservation of public assets maintained by the City. B. Potential for increased economic opportunity. C. Reduced cost of local government in law enforcement, public health care, and fire prevention because improved and well- maintained facilities provide a healthy ' alternative for youth and adult activities. D. Enhanced quality of life and desirability of the area. E. Specific enhancement of property values These benefit factors, when applied to property in the District, specifically increase the value of the land within the District. For example, the assessments will provide funding to improve and maintain the landscaping adjoining the properties in the District. Such improved and well- maintained setback landscaping enhances the overall quality and desirability of the properties. In turn, property values are specifically enhanced by the availability of improved and well- maintained landscaping in the area. In addition, the setback landscaping allowed for the construction of buildings on the property with reduced setbacks from the property lines than would otherwise be allowed pursuant to City zoning requirements. Such reduced setbacks allow for greater improvement coverage ratios, which specifically enhances the value of the properties in the District. C. General versus Special Benefit The proceeds from the City of Moorpark Landscaping and Lighting Assessment District No. 16 would be used to fund improvements and increased levels of maintenance to the City of ,Moorpark Landscaping and Lighting :Maintenance Assessment District No. 16 09124102 Engineer's Report, Fiscal Year 2003 -04, by Shilts Consultants, Inc. Page 6 grounds adjoining the properties in the District. In absence of the City of Moorpark Landscaping and Lighting Assessment District No. 16, such improvements would not be provided and the properties could be subject to increased setback requirements. The District is specifically proposing an increased assessment to provide additional and improved public resources and reduced setbacks for property in the District. In absence of the assessments, these public resources would not be created and revenues would not be available for their continued maintenance and improvement. Additionally, the increased burden to the stormwater drainage system, and the consequent requirements mandated by the City Urban Stormwater Discharge Permit, are a direct result of the development of the properties in the District. Therefore, the assessments solely provide special benefit to property in the District over and above the general benefits conferred by the general facilities of the City. D: Method of Assessment The second step in apportioning assessments is to determine the relative special benefit for each property. This process involves determining the relative benefit received by each property in relation to a single family home, or, in other words, on the basis of Single Family Equivalents (SFE). This SFE methodology is commonly used to distribute assessments in proportion to estimated special benefit and is generally recognized as providing the basis for a fair and appropriate distribution of assessments. For the purposes of this Engineer's Report, all properties are designated a SFE value, which is each property's relative benefit in relation to a single family home on one parcel. In this case, the "benchmark" property is the single family detached dwelling which is one Single Family Equivalent or one SFE. .J E. Assessment Apportionment The proposed increased assessments for District 16 would provide an increase in direct and special benefit to properties in this District. The properties within Tract 5161 consist of 59 residential single family dwellings that are either improved or proposed for development, each of which receives similar benefit from the proposed improvements. Therefore, the Engineer has determined that the appropriate method of apportionment of the benefits derived by all parcels is on a SFE basis. All properties that are specially benefited are assessed. Public right -of -way parcels, well, reservoir or other water rights parcels, limited access open space parcels, �I watershed parcels and common area parcels typically do not generate employees, residents, customers or guests. Moreover, many of these parcels have limited economic value and, therefore, do not benefit from specific enhancement of property value. Such parcels are, therefore, not specially benefited and are not assessed. In the event that the annual assessment from a previous fiscal year for property in District 16 is delinquent and uncollected, the budget for the new fiscal year may be increased by the amount of delinquent assessment, and the total budget, including the City of Moorpark Landscaping and Lighting :Maintenance Assessment District No. 16 09124102 Engineer's Report, Fiscal Year 2003 -04, by Shilts Consultants, Inc. page 7 delinquent assessments, may be allocated to all other non - delinquent properties on an SFE basis. Any increase in the assessment on other properties in District 16 resulting from such delinquent assessments, or the annual CPI adjustment, will be considered authorized increases in the assessment and shall not require additional approval by property owners through a mailed assessment ballot proceeding, pursuant to Article XIIID of the California Constitution. The assessment is subject to an annual adjustment tied to the Consumer Price Index for the Los Angeles Area as of December of each succeeding year (the CPI). In the event that the actual assessment rate for any given year is not increased by an amount equal to the CPI change, any such deferred assessment increase may be added to the total amount assessed in any subsequent year. In such event, the maximum authorized assessment amount shall be equal to the base year assessment as adjusted by the increase to the CPI, plus any and all CPI adjustments deferred in any and all prior years. In addition, the annual adjustment may be increased due to delinquent assessments on property in District 16 as specified above. 1. Citywide Lighting & Landscaping Assessment If the City of Moorpark forms a new Citywide landscaping and lighting assessment district, or increases the existing assessments for its existing Citywide landscaping and lighting assessment district and the assessment proceeds are for similar purpose as the Citywide Lighting and Landscaping item in the budget for this assessment, this assessment will reduced by the amount of the new Citywide assessment for the properties in District 16 2. Appeals and Interpretation Any property owner who feels that the assessment levied on the subject property isin error as a result of incorrect information being used to apply the foregoing method of assessment, may file a written appeal with the Director of Public Works or her or his designee. Any such appeal is limited to correction of an assessment during the then current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, the Director of Public Works or his or her designee will promptly review the appeal and any information provided by the property owner. If the Director of Public Works or her or his designee finds that the assessment should be modified, the appropriate changes j) shall be made to the assessment roll. If any such changes are approved after the assessment roll has been filed with the County for collection, the Director of Public Works or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any property owner who disagrees with the decision of the Director of Public Works or her or his designee, may refer their appeal to the City Council of the City of Moorpark and the decision of the City Council of the City of i Moorpark shall be final. City of',Moorpark Landscaping and Lighting ;Maintenance assessment District ,Vo. 16 09124102 Engineer's Report, Fiscal Year 2003 -04, by Shilts Consultants, Inc. Page 8 VL ASSESSMENT WHEREAS, on September 20, 2002 the City Council of the City of Moorpark, County of Ventura, California, pursuant to the provisions of the Landscaping and Lighting Act of 1972 and Article XIIID of the California Constitution (collectively "the Act'), initiated proceedings to increase the assessments for the City of Moorpark Landscaping and Lighting Maintenance Assessment District No. 16; WHEREAS, the City of Moorpark directed the undersigned Engineer of Work to prepare and file a report presenting an estimate of costs, a diagram for the assessment district and an assessment of the estimated costs of the improvements upon all assessable parcels within the assessment district; NOW, THEREFORE, the undersigned, by virtue of the power vested in me under said Act and the order of the City Council of said City of Moorpark, hereby make the following assessment to cover the portion of the estimated cost of said improvements, and the costs and expenses incidental thereto to be paid by the assessment district. The amount to be paid for said improvements and the expense incidental thereto, to be paid by the City of Moorpark Landscaping and Lighting Maintenance Assessment District No. 16 for the fiscal year 2003 -04 is generally as follows: SUMMARY COST ESTIMATE F. Y. 2003 -04 Budget Landscaping and Irrigation $6,640.00 Wall Maintenance $2,000.00 Drainage Catch Basin Maintenance $7,500.00 Incidentals, Contingency and Administration Expenses $2,380.00 TOTAL BUDGET $18,520.00 Citywide Street Landscaping and Lighting Assessment $2,950.00 NET AMOUNT TO ASSESSMENTS $21,470.00 As required by the Act, an Assessment Diagram is hereto attached and made a part hereof showing the exterior boundaries of said City of Moorpark Landscaping and Lighting Maintenance Assessment District No. 16. The distinctive number of each parcel or lot of land in the said City of Moorpark Landscaping and Lighting Maintenance Assessment District No. 16 is its Assessor Parcel Number appearing on the Assessment Roll. City o /'Moorpark Landscaping and Lighting Maintenance Assessment District No. 16 09123102 Engineer's Report, Fiscal Year 2003 -04, by Shills Consultants, Inc. Page 9 And I do hereby assess and apportion said net amount of the cost and expenses of said improvements, including the costs and expenses incident thereto, upon the parcels and lots of land within said City of Moorpark Landscaping and Lighting Maintenance Assessment District No. 16, in accordance with the special benefits to be received by each parcel or lot, from the improvements, and more particularly set forth in the Cost Estimate and Method of Assessment hereto attached and by reference made a part hereof. The assessment is made upon the parcels or lots of land within the City of Moorpark Landscaping and Lighting Maintenance Assessment District No. 16 in proportion to the special benefits to be received by the parcels or lots of land, from said improvements. The assessment is subject to an annual adjustment tied to the Consumer Price Index for the Los Angeles Area as of December of each succeeding year (the CPI). In the event that the actual assessment rate for any given year is not increased by an amount equal to the CPI change, any such deferred assessment increase may be added to the total amount assessed in any subsequent year. In such event, the maximum authorized assessment amount shall be equal to the base year assessment as adjusted by the increase to the CPI, plus any and all CPI adjustments deferred in any and all prior years. In addition, the annual adjustment may be increased due to delinquent assessments on property in District 16 as specified in the Assessment Apportionment section of this Engineer's Report. Each parcel or lot of land is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of Ventura for the fiscal year 2003 -04. For a more particular description of said property, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of said County. I hereby place opposite the Assessor Parcel Number for each parcel or lot within the Assessment Roll, the amount of the assessment for the fiscal year 2003 -04 for each parcel or lot of land within the said City of Moorpark Landscaping and Lighting Maintenance Assessment District No. 16. Dated: September 23, 2002 Engineer of Work Joseph L. Shilts, License No. C14084 City of ,Moorpark Landscaping and Lighting Maintenance Assessment District No. 16 09123%02 Engineer's Report, Fiscal Year 2003 -04, by Shilts Consultants, Inc. Page 10 VII. Assessment Diagram The boundaries of the City of Moorpark Landscaping and Lighting Assessment District No. 16 are displayed on the Assessment Diagram below. 4 M LEN AVE. a I 4' City of Moorpark Landscaping and Lighting Maintenance Assessment District No. 16 09123,'02 Engineer's Report, Fiscal Year 2003 -04, by Shilts Consultants, Inc. Page: 11 VIII. Appendix A 1972 ACT APPLICATION The Landscaping and Lighting Maintenance Assessment District, through the Act, would collect special benefit assessments and provide funding for the installation, maintenance and servicing of landscaping features within Tract 5161 [Cabrillo Economic Development]. The assessments are levied on the basis of benefit and are considered an assessment, not a tax. Pertinent excerpts from the Act are included below. §22500 Short Title This part shall be known and may be cited as the "Landscaping and Lighting Act of 1972." §22503 Assessment district; benefited territory An assessment district shall consist of all territory which, as determined by the legislative body, will be benefited by the improvements and is to be assessed to pay the costs thereof. §22504 Assessment District; territory within local agency An assessment district may consist of all or any part of the territory within the local agency and, in the case of a county, may consist of all or any part of the unincorporated territory of the county. §22505 Assessment district; contiguous or non - contiguous territory An assessment district may consist of contiguous or non - contiguous areas. The improvement in one area need not be of benefit to other areas. §22523 Engineer "Engineer" means the city engineer, county engineer, engineer of the district, or any person designated by the legislative body as the engineer for the purposes of this part, including officer, board, or employee of the local agency or any private person or firm specially employed by the Local agency as engineer for the purposes of this part. (Revised by Article XII ID of the California Constitution) §22525 Improvement "Improvement" means one or any combination of the following: (a) The installation of planting or landscaping. City of Aloorpark Landscaping and Lighting Maintenance Assessment District No. 16 09123/02 Engineer's Report, Fiscal Year 2003 -04, b}' Shilts Consultants, Inc. Page 12 (b) The installation or construction of statuary, fountains, or other ornamental structures and facilities. (c) The installation or construction of public lighting facilities, including, but not limited to, traffic signals. (d) The installation or construction of any facilities which are appurtenant to and of the foregoing or which are necessary cr convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. (e) The installation of park or recreational improvements, including but not limited to all of the following: (1) Land preparation, such as grading, leveling, cutting and filling sod landscaping, irrigation systems, sidewalks, and drainage. (2) Lights, playground equipment, play courts, and public restrooms. (f) The maintenance or servicing or both, of any of the foregoing. (g) The acquisition of land for park, recreational or open -space purposes. (h) The acquisition of any existing improvement otherwise authorized pursuant to this section. §22569 Estimates of costs; content The estimate of the costs of the improvements for the fiscal year shall contain estimates for all of the following: (a) The total costs for improvements to be made that year, being the total costs of constructing or installing all proposed improvements and of maintaining and servicing all existing and proposed improvements, including all incidental expenses. This may include a reserve which shall not exceed the estimated costs of maintenance and servicing to December 10 of the fiscal year, or whenever the city expects to receive its apportionment of special assessments and tax collections from the county, whichever is later. (b) The amount of any surplus or deficit in the improvement fund to be carried over from a previous fiscal year. (c) The amount of any contributions to be made from sources other than assessments levied pursuant to this chapter. City of Moorpark Landscaping and Lighting Maintenance flssessirzent District No. 16 09123!02 Engineer's Report, Fiscal Year 2003 -04, bi, Shilts Consultants, Inc. page 13 (d) The amount, if any, of the annual installment for the fiscal year where the legislative body has ordered an assessment for the estimated cost of any improvements to be levied and collected in annual installments. (e) The net amount to be assessed upon assessable lands within the assessment district, being the total improvement costs, as referred to in subdivision (a), increased or decreased, as the case may be, by any of the amounts referred to in subdivision (b), (c), or (d). §22573 Net amount; apportionment The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 Division 7 (commencing with Section 5000). §22574 Classification into zones The diagram and assessment may classify various areas within an assessment district into different zones where, by reason of variations in the nature, location, and extent of the improvements, the various areas will receive differing degrees of benefit from the improvements. A zone shall consist of all territory that will receive substantially the same degree of benefit from the improvements. §22605 Authority of Legislative Bodies The Legislative body, either in a single proceeding or by separate proceedings, may order one or any combination of the following changes of organization: (a) The annexation of territory to an existing assessment district formed under this part. (b) The detachment of territory from an existing assessment district formed under this part. (c) The dissolution of an existing assessment district formed under this part. (d) The consolidation into a single assessment district formed under this part any combination of two or more of any of the following: (1) An existing assessment district formed pursuant to this part. (2) An existing lighting, street lighting, maintenance, or tree planting district formed pursuant to Chapter 26 (commencing with Section 5820) of City of Moorpark Landscaping and Lighting Alaintenatrce Assessment District No, 16 09/33/02 Engineer's Report, Fiscal Year 2003 -04, 6y Shilts Consultants, Inc. Page 14 Part 3 of Division 14, or Part 1 (commencing with Section 18000), Part 2 (commencing with Section 18300), Part 3 (commencing with Section 18600), or Part 4 (commencing with Section 19000) of Division 14, or Part 1 (commencing with Section 22000) of this division, or pursuant to any procedural ordinance adopted by a charter city. (e) The legislative body shall not, by annexation, detachment, dissolution, or consolidation, alter the obligation of property owners to pay the principal of, and interest on, bonded debt or notes issued pursuant to Section 22662.5. This section does not prevent the lawful refunding of the bonded debt or notes or the apportionment of assessments upon the division of properties assessed. City of Moorpark Landscaping and Lighting Maintenance Assessment District No. 16 09123102 Engineer's Report, Fiscal Year 2003 -04, by Shilts Consultants, Inc. Page 15 1X. Appendix 8 — Article XIIID of the California Constitution (Proposition 218) Proposition 218 was approved by voters as a Constitutional Amendment on November 6, 1996. It became Article XIIIC and Article XIIID of the California State Constitution and has imposed additional requirements for assessment districts. Following is a summary of the Article. CALIFORNIA CONSTITUTION ARTICLE 13D (ASSESSMENT AND PROPERTY - RELATED FEE REFORM) SECTION 1. Application. Notwithstanding any other provision of law, the provisions of this article shall apply to all assessments, fees and charges, whether imposed pursuant to state statute or local government charter authority. Nothing in this article or Article XIIIC shall be construed to: (a) Provide any new authority to any agency to impose a tax, assessment, fee, or charge. (b) Affect existing laws relating to the imposition of fees or charges as a condition of property development. (c) Affect existing laws relating to the imposition of timber yield taxes. CALIFORNIA CONSTITUTION ARTICLE 13D (ASSESSMENT AND PROPERTY - RELATED FEE REFORM) SEC. 2. Definitions. As used in this article: (a) "Agency" means any local government as defined in subdivision (b) of Section 1 of Article XIIIC. (b) "Assessment" means any levy or charge upon real property by an agency for a special benefit conferred upon the real property. "Assessment" includes, but is not limited to, "special assessment," "benefit assessment," "maintenance assessment" and "special assessment tax." (c) "Capital cost" means the cost of acquisition, installation, construction, reconstruction, or replacement of a permanent public improvement by an agency. (d) "District" means an area determined by an agency to contain all parcels which will receive a special benefit from a proposed public improvement or property- related service. (e) "Fee" or "charge" means any levy other than an ad valorem tax, a special tax, or an assessment, imposed by an agency upon a parcel or upon a person as an incident of property ownership, including a user fee or charge for a property related service. City of Moorpark Landscaping and Lighting Maintenance Assessment District No. 16 09123102 Engineer's Report, Fiscal Year 1003 -04, by Shilts Consultants, Inc. Page 16 `. �,, r. -u.. r d (f) "Maintenance and operation expenses" means the cost of rent, repair, replacement, rehabilitation, fuel, power, electrical current, care, and supervision necessary to properly operate and maintain a permanent public improvement. (g) "Property ownership" shall be deemed to include tenancies of real property where tenants are directly liable to pay the assessment, fee, or charge in question. (h) "Property- related service" means a public service having a direct relationship to property ownership. (i) "Special benefit" means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute "special benefit." CALIFORNIA CONSTITUTION ARTICLE 13D (ASSESSMENT AND PROPERTY - RELATED FEE REFORM) SEC. 3. Property Taxes, Assessments, Fees and Charges Limited. (a) No tax, assessment, fee, or charge shall be assessed by any agency upon any parcel of property or upon any person as an incident of property ownership except: (1) The ad valorem property tax imposed pursuant to Article XIII and Article XIIIA. (2) Any special tax receiving a two - thirds vote pursuant to Section 4 of Article XIIIA. (3) Assessments as provided by this article. (4) Fees or charges for property related services as provided by this article. (b) For purposes of this article, fees for the provision of electrical or gas service shall not be deemed charges or fees imposed as an incident of property ownership. CALIFORNIA CONSTITUTION ARTICLE 13D (ASSESSMENT AND PROPERTY - RELATED FEE REFORM) SEC. 4. Procedures and Requirements for All Assessments. (a) An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and an agency shall separate the general benefits from the special benefits conferred on a parcel. Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. (b) All assessments shall be supported by a detailed engineer's report prepared by a registered professional engineer certified by the State of California. City oJ'Aloorpark Landscaping and Lighting Maintenance Assessment District No. 16 09123102 Engineer's Report, Fiscal Year 2003 -04, by Shilts Consultants, Gre. Page17 E. it (c) The amount of the proposed assessment for each identified parcel shall be calculated and the record owner of each parcel shall be given written notice by mail of the proposed assessment, the total amount thereof chargeable to the entire district, the amount chargeable to the owner's particular parcel, the duration of the payments, the reason for the assessment and the basis upon which the amount of the proposed assessment was calculated, together with the date, time, and location of a public hearing on the proposed assessment. Each notice shall also include, in a conspicuous place thereon, a summary of the procedures applicable to the completion, return, and tabulation of the ballots required pursuant to subdivision (d), including a disclosure statement that the existence of a majority protest, as defined in subdivision (e), will result in the assessment not being imposed. (d) Each notice mailed to owners of identified parcels within the district pursuant to subdivision (c) shall contain a ballot which includes the agency's address for receipt of the ballot once completed by any owner receiving the notice whereby the owner may indicate his or her name, reasonable identification of the parcel, and his or her support or opposition to the proposed assessment. (e) The agency shall conduct a public hearing upon the proposed assessment not less than 45 days after mailing the notice of the proposed assessment to record owners of each identified parcel. At the public hearing, the agency shall consider all protests against the proposed assessment and tabulate the ballots. The agency shall not impose an assessment if there is a majority protest. A majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property. (f) In any legal action contesting the validity of any assessment, the burden shall be on the agency to demonstrate that the property or properties in question receive a special benefit over and above the benefits conferred on the public at large and that the amount of any contested assessment is proportional to, and no greater than, the benefits conferred on the property or properties in question. (g) Because only special benefits are assessable, electors residing within the district who do not own property within the district shall not be deemed under this Constitution to have been deprived of the right to vote for any assessment. If a court determines that the Constitution of the United States or other federal law requires otherwise, the assessment shall not be imposed unless approved by a two- thirds vote of the electorate in the district in addition to being approved by the property owners as required by subdivision (e). City of AloaFark Landscaping and Lighting Maintenance Assessnrerrt District No. 16 09/23/02 Engineer's Report, Fiscal Year 2003 -04, by Shilts Consultants, Inc. Page 18 CALIFORNIA CONSTITUTION ARTICLE 13D (ASSESSMENT AND PROPERTY - RELATED FEE REFORM) SEC. 5. Effective Date. Pursuant to subdivision (a) of Section 10 of Article II, the provisions of this article shall become effective the day after the election unless otherwise provided. Beginning July 1, 1997, all existing, new, or increased assessments shall comply with this article. Notwithstanding the foregoing, the following assessments existing on the effective date of this article shall be exempt from the procedures and approval process set forth in Section 4: (a) Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control. Subsequent increases in such assessments shall be subject to the procedures and approval process set forth in Section 4. (b) Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. Subsequent increases in such assessments shall be subject to the procedures and approval process set forth in Section 4. (c) Any assessment the proceeds of which are exclusively used to repay bonded indebtedness of which the failure to pay would violate the Contract Impairment Clause of the Constitution of the United States. (d) Any assessment which previously received majority voter approval from the voters voting in an election on the issue of the assessment. Subsequent increases in those assessments shall be subject to the procedures and approval process set forth in Section 4. City gJ'MoorparkLandscaping and Lighting Maintenance Assessment District No. 16 09123102 Engineer's Report, Fiscal Year 2003 -04, by Shilts Consultants, Inc. Page 19 X. Appendix C - 2003 -04 ASSESSMENT ROLL An Assessment Roll (a listing of all parcels assessed within the Landscaping and Lighting Assessment District and the amount of the assessment) has been filed with the City Clerk and is, by reference, made part of this report and will be available for public inspection during normal office hours. Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County Assessor records and these records are, by reference made part of this report. These records shall govern for all details concerning the description of the lots or parcels. Parcel No. Owner Assessment SFE 2003 -04 5110170295 CABRILLO ECONOMIC DEV CORP 33 $12,008.70 5110170015 CABRILLO ECONOMIC DEV CORP 1 $363.90 5110170025 CABRILLO ECONOMIC DEV CORP 1 $363.90 5110170035 CABRILLO ECONOMIC DEV CORP 1 $363.90 5110170045 CABRILLO ECONOMIC DEV CORP 1 $363.90 5110170055 CABRILLO ECONOMIC DEV CORP 1 $363.90 5110170065 CABRILLO ECONOMIC DEV CORP 1 $363.90 5110170075 CABRILLO ECONOMIC DEV CORP 1 $363.90 5110170085 CABRILLO ECONOMIC DEV CORP 1 $363.90 5110170095 CABRILLO ECONOMIC DEV CORP 1 $363.90 5110170105 CABRILLO ECONOMIC DEV CORP 1 $363.90 5110170115 CABRILLO ECONOMIC DEV CORP 1 $363.90 5110170125 CABRILLO ECONOMIC DEV CORP 1 $363.90 5110170135 CABRILLO ECONOMIC DEV CORP 1 $363.90 5110170145 CABRILLO ECONOMIC DEV CORP 1 $363.90 5110170155 CABRILLO ECONOMIC DEV CORP 1 $363.90 5110170165 CABRILLO ECONOMIC DEV CORP 1 $363.90 5110170175 CABRILLO ECONOMIC DEV CORP 1 $363.90 5110170185 CABRILLO ECONOMIC DEV CORP 1 $363.90 5110170195 CABRILLO ECONOMIC DEV CORP 1 $363.90 5110170205 CABRILLO ECONOMIC DEV CORP 1 $363.90 5110170215 CABRILLO ECONOMIC DEV CORP 1 $363.90 5110170225 CABRILLO ECONOMIC DEV CORP 1 $363.90 5110170235 CABRILLO ECONOMIC DEV CORP 1 $363.90 5110170245 CABRILLO ECONOMIC DEV CORP 1 $363.90 5110170255 CABRILLO ECONOMIC DEV CORP 1 $363.90 5110170265 CABRILLO ECONOMIC DEV CORP 1 $363.90 Total Assessment Roll 59 $21,470.10 City of Moorpark Landscaping and Lighting Maintenance Assessment District No. 16 09123/02 Engineer's Report, Fiscal Year 2003 -04, by Shilts Consultants, Inc. Page 20 co TO: FROM: DATE: ITEM IDi D• (7TTY ()F Mo r)RP kRk, C 1LTFORNTA City �'�ancii �ieetin� of 1. —1(z �� 1 ^►^ � �'- MOORPARK CITY COUNCIL ACTT071,�: Siva. -P FP�s�rnmt?nxf AGENDA REPORT Honorable City Council Deborah S. Traffenstedt, ATCM /City Clerk -6 T- October 8, 2002 (CC Meeting of 10/16/02) SUBJECT: Consider Rejection of Claim: Roger Dixon BACKGROUND On September 26, 2002, the City received the above referenced claim for damages. The claim was forwarded to the City's claims adjuster for review. DISCUSSION The claim is for damage sustained to the claimant's automobile windshield on September 18, 2002 (at 11:50 a.m.), that was caused by concrete and rock from a concrete trailer being pulled by a truck. The claimant generally stated that the concrete and rock spilled from the trailer and was thrown back at his car, cracking the windshield. The location of the incident was at the intersection of Spring Road and New Los Angeles Avenue. There were no City trucks or staff involved in hauling concrete and rock on the date of the incident. The City of Moorpark's claims adjuster has recommended that a standard rejection letter be sent to the claimant. STAFF RECOMMENDATION Reject the claim and direct staff to send a standard rejection letter to the claimant. .� .' TO: FROM: DATE: MOORPARK CITY COUNCIL AGENDA REPORT Honorable City Council ITEM 10. E . C.TT)' nF'+. "10nRPARK. CALiFORNTA C.:; y Cn,3n61 ,%1eetinLr of ' ACTION: v 'RV: Deborah S. Traffenstedt, ATCM /City Clerk *�j) S7— October 8, 2002 (CC Meeting of 10/16/02) SUBJECT: Consider Resolution Amending the Conflict of Interest Code of the City of Moorpark and Rescinding Resolution No. 2000- 1796 BACKGROUND AND DISCUSSION The Political Reform Act, Government Code Section 87300, et seq., requires every state and local government agency to adopt and promulgate a Conflict of Interest Code. The City's Conflict of Interest Code was last amended in December 2000, when the City Council adopted Resolution No, 2000 -1796. Since the time of the last update, staff positions have been added and position titles have been revised, requiring amendment of the City's Conflict of Interest Code. Attached is a draft resolution which would rescind Resolution No. 2000- 1796 and revise the City's Conflict of Interest Code to include an updated list of Designated Employees and the Disclosure Categories, and incorporates by reference the terms of Title 2, Division 6, California Code of Regulations, Section 18730, and any amendments to it duly adopted by the Fair Political Practices Commission (FPPC). The attached resolution includes City and Redevelopment Agency Designated Employees. The City's Conflict of Interest Code is intended to list all designated positions, even if there is no current employee with that position title. For example, the City currently does not have a Deputy City Manager; however, that position is included in the City's Classification and Salary Plans and is listed in the attached resolution as a designated position. The City's Conflict of Interest Code does not establish any disclosure obligation for the City Councilmembers, Planning Commissioners, City Manager, City Attorney, and public officials who manage public investments (City Treasurer and Redevelopment Agency Treasurer), as Government Code Section 87200, et seq., requires such disclosure as a matter of state law. STAFF RECOMMENDATION Adopt Resolution No. 2002- Attachments: 1. Draft Resolution 2. Title 2, Division 6, California Code of Regulations, Section 18730 RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE CONFLICT OF INTEREST CODE OF THE CITY OF MOORPARK AND RESCINDING RESOLUTION NO. 2000 -1796 WHEREAS, the Political Reform Act, Government Code Section 87300, et seq., requires every state and local government agency to adopt and promulgate a Conflict of Interest Code; and WHEREAS, the Fair Political Practices Commission (FPPC) has adopted a regulation which contains the terms of a standard model Conflict of Interest Code (Title 2, Division 6, California Code of Regulations, Section 18730), which can be incorporated by reference, and which may be amended by the FPPC to conform to amendments in the Political Reform Act after public notice and hearings conducted by the FPPC pursuant to the Administrative Procedure Act, Government Code Sections 11370, et seq.; and WHEREAS, the City Council has determined that the terms of Title 2, Division 6, California Code of Regulations, Section 18730, and any amendments to it duly adopted by the FPPC, along with the attached Appendices A and B, accurately set forth the City's Conflict of Interest Code, including those positions which should be designated, and the categories of financial interests which should be made reportable; and WHEREAS, the persons holding the positions listed in Appendix B are designated employees, because it has been determined that those positions make or participate in the making of decisions which may foreseeably have a material effect on financial interests; and WHEREAS, the City's Conflict of Interest Code does not establish any disclosure obligation for the City Councilmembers, Planning Commissioners, City Manager, City Attorney, and Public Officials who Manage Public Investments (City Treasurer and Redevelopment Agency Treasurer), as Government Code Section 87200 et seq. requires such disclosure as a matter of state law, nor does the City's Conflict of Interest Code include a position which is solely clerical, ministerial or manual, or any unsalaried member of a board or commission which is solely advisory; and WHEREAS, the City Council has previously designated positions and disclosure categories in Resolution No. 2000 -1796, which now needs to be rescinded and an updated Conflict of Interest Code adopted, and the City Council determines that the attached Appendices accurately set forth those positions which should be designated and categories of financial interest which should be made reportable. C ' 3 5111, Resolution No. 2002 - Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The terms of Title 2, Division 6, California Code of Regulations, Section 18730, and any amendments to it duly adopted by the FPPC are hereby incorporated by reference and along with the attached Appendices A and B, in which employees, officials, and consultants are designated and disclosure categories are set forth, constitute the Conflict of Interest Code for the City of Moorpark. SECTION 2. Persons holding designated positions shall file a Statement of Economic Interests pursuant to Section 4 of the Conflict of Interest Code (Title 2, Division 6, California Code of Regulations, Section 18730) . The City Clerk shall carry out the duties of Filing Officer for the City Council, which is the Code Reviewing Body. SECTION 3. Resolution No. 2000 -1796 is hereby rescinded. SECTION 4. The City Clerk shall forward a copy of this resolution to the FPPC. SECTION 5. 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 16th day of October, 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk Attachment: Appendices A and B Resolution No. 2002 - Page 3 Designated Positions APPENDIX A CITY OF MOORPARK CONFLICT OF INTEREST CODE DESIGNATED EMPLOYEES Disclosure Category I. Assistant City Manager 1 1. Management Analyst 1 2. Senior Management Analyst 1 II. Administrative Services Department 1. Accountant I 2. Accountant II 3. Administrative Services Director 1 4. Administrative Services Manager 1 5. Administrative Services Technician 2 6. Budget and Finance Manager 1 7. Deputy City Manager 1 8. Information Systems Manager 1 9. Information Systems Supervisor 1 III. City Clerk's Department 1. Assistant to City Manager /City Clerk 1 2. Assistant City Clerk 1 3. Deputy City Clerk I 3 4. Deputy City Clerk II 3 5. Human Resources Analyst 4 6. Human Resources Assistant 4 IV. Community Development Department 1. Assistant Planner 1 2. Associate Planner 1 3. Building Inspector 1* 4. Building Official 1* 5. Code Enforcement Officer I 1 6. Code Enforcement Officer II 1 7. Community Development Director 1 8. Construction Administrator 1* 9. Planning Manager 1 10. Planning Technician II 1 11. Principal Planner 1 12. Senior Building Inspector 1* 13. Senior Planner 1 V. Community Services Department 1. Community Services Director 1 2. Maintenance Supervisor 5 3. Management Analyst 1 4. Management Assistant 1 5. Recreation Coordinator I 6 6. Recreation Coordinator II 6 7. Recreation Superintendent 1 Resolution No. 2002 - Page 4 Designated Positions Disclosure Category 8. Recreation Supervisor 6 9. Senior Center Coordinator 7 10. Senior Maintenance Worker 5 11. Senior Management Analyst 1 12. Vector /Animal Control Specialist 8 VI. Public Works Department Redevelopment 1. Assistant City Engineer 1* 2. Associate Engineer 1* 3. City Engineer 1* 4. Civil Engineer 1* 5. Management Analyst 1 6. Public Works Director 1 7. Public Works Supervisor 1 8. Senior Maintenance Worker 5 9. Senior Management Analyst 1 10. Traffic Engineer 1* VII. Redevelopment Agency 1. Redevelopment Agency Counsel 1* 2. Redevelopment Agency Executive Director 1 3. Redevelopment Agency Consultants 1* 4. Redevelopment Manager 1 5. Redevelopment Agency Secretary 1 6. Senior Management Analyst 1 VIII.Parks & Recreation Commission Members 1 * IX. Other Designated Consultants 1 * The Fair Political Practice Commission Regulation (2 California Code of Regulations Section 18700) defines "consultant" as an individual who, pursuant to a contract with a state or local government agency: (A) Makes a governmental decision whether to: (i) Approve a rate, rule or regulation; (ii) Adopt or enforce a law; (iii) Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order or similar authorization or entitlement; (iv) Authorize the agency to enter into, modify or renew a contract provided it is the type of contract which requires agency approval; (v) Grant agency approval to a contract which requires agency approval and in which the agency is a party or to the specifications for such a contract; (vi) Grant agency approval to a plan, design, report, study or similar item; (vii) Adopt, or grant agency approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof; or (B) Serves in a staff capacity with the agency and in that capacity performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency's Conflict of Interest Code. Consultants shall be included in the list of designated positions and shall disclose pursuant to Category 1, subject to the following limitation: The City Manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. CU J.1...V3 P.:1. Resolution No. 2002 - Page 5 APPENDIX B CITY OF MOORPARK RESOLUTION NO. 2000 -1796 CITY OF MOORPARK CONFLICT OF INTEREST CODE DISCLOSURE CATEGORIES Category 1 Any investment or interest in real property, any loan, any gift, or any income in which the "designated employee" or spouse has an interest within the jurisdiction of the City of Moorpark, as defined in this Code; and any investments in business entities or income from sources which provide supplies, equipment or services of the type utilized by the department or division for which the Designated Employee is assigned. *Disclosure by Consultants Consultants shall be included in the list of designated employees and shall disclose pursuant to Category 1, subject to the following limitation: The City Manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. Category 2 Any investment in, or income from, as defined by the Code, any person or business entity which provides services, goods or equipment involving purchasing of supplies, equipment, or services, including but not limited to maintenance of City equipment such as telephones and copiers and purchasing of City office supplies and equipment. Category 3 Any investment in, or interest from, as defined by the Code, any person or business entity which provides services, goods or equipment involving municipal elections, printing services, records management, or preparation of minutes or transcripts. Resolution No. 2002 - Page 6 Category 4 Any investment in, or income from, as defined by the Code, any person or business entity which provides human resources and risk management related services, goods or equipment including but not limited to recruitment, testing, selection or placement, temporary staffing, and insurance and other benefit programs. Category 5 Any investment in, or income from, as defined by the Code, any person or business entity which provides parks and recreation and public works maintenance related services, goods, or equipment, including but not limited to maintenance of parks, City -owned facilities /buildings, streets and other public right -of -way. Category 6 Any investment in, or income from, as defined by the Code, any person or business entity which provides parks and recreation related services, goods, or equipment, including but not limited contract instructor services, recreation and special event services and supplies, playground equipment, day care and teen event services and supplies. Category 7 Any investment in, or income from, as defined by the Code, any person or business entity which provides services, goods, or equipment for seniors, including but not limited contract instructor services, and recreation and special event services and supplies. Category 8 Any investment in, or income from, as defined by the Code, any person or business entity which provides vector and /or animal control related services, goods, or equipment. California Fair Political Practices Commission -- Regulations of the Fair Political Practice... Page 1 of 9 FPPC Home Page ;Prop. 34 :Commission Agendas Candidates and Committees Lobbyists Restrictions on Government Officials and Employees Ethics Orientation for State Officials Conflicts of Interest/Form 700 Statement of Economic Interests Enforcement The Audit Program Press Center Library and Publications The Political Reform Act Regulations of the Fair Political Practices Commission Newly Adopted or Amended Regulations Proposed Regulations r,;�,,Selected FPPC Opinions Legislation Affecting the Political Reform Act „FPPC Publications Other Publications of Interest Advice Summaries Forms Workshops and Seminars Legislation Links Internet Political Practices LA Secession Privacy Regulations Practices Commission TITLE 2, DIVISION 6, CALIFORNIA CODE OF REGULATIONS (page updated April 18, 2002) (Back to Regulations of the Fair Political Practices Commission) 18730. Provisions of Conflict of Interest Codes (a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Government Code section 87300 or the amendment of a conflict of interest code within the meaning of Government Code section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Government Code sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Government Code section 87100, and to other state or local laws pertaining to conflicts of interest. (b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows: (1) Section 1. Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (2 Cal. Code of Regs. sections 18100, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees. The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on financial interests. (3) Section 3. Disclosure Categories. This code does not establish any disclosure obligation for those designated employees who are also specified in Government Code section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their financial interests pursuant to article 2 of chapter 7 of the Political Reform Act, Government Code sections 87200, et seq. In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply: (A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency; http: / /www.fppc.ca.gov/ index. html? ID= 52 &r_id= /Iegal/regs /I8730.htm California Fair Political Practices Commission -- Regulations of the Fair Political Practice... Page 2 of 9 (B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Government Code section 87200; and (C) The filing officer is the same for both agencies.! Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of financial interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those financial interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the financial interests set forth in a designated employee's disclosure categories are the kinds of financial interests which he or she foreseeably can affect materially through the conduct of his or her office. (4) Section 4. Statements of Economic Interests: Place of Filing. The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code. 2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office. (5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office. Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or leaving office statement. (A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following: (1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation he or she did not http: / /www.fppc.ca.gov/ index. html? ID= 52 &r_id= /Iegal/regs /I8730.htm P9015s; California Fair Political Practices Commission -- Regulations of the Fair Political Practice... Page 3 of 9 make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements. Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code. (B) Contents of Assuming Office Statements. Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively. (C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later. (D) Contents of Leaving Office Statements. Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office. (7) Section 7. Manner of Reporting. Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information: (A) Investments and Real Property Disclosure. When an investment or an interest in real property3 is required to be reported,4 the statement shall contain the following: 1. A statement of the nature of the investment or interest; 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged; 3. The address or other precise location of the real property; 4. A statement whether the fair market value of the investment or interest in real property exceeds two thousand dollars ($2,000), exceeds ten thousand dollars ($10,000), exceeds one hundred thousand dollars ($100,000), or exceeds one million dollars ($1,000,000). (B) Personal Income Disclosure. When personal income is required to be reported,5 the statement shall contain: 1. The name and address of each source of income aggregating five hundred dollars ($500) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each http: / /www.fppc.ca.gov /index.html ?ID =52 &r id= /legal /regs /18730.htm California Fair Political Practices Commission -- Regulations of the Fair Political Practice... Page 4 of 9 source; 2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was one thousand dollars ($1,000) or less, greater than one thousand dollars ($1,000), greater than ten thousand dollars ($10,000), or greater than one hundred thousand dollars ($100,000); 3. A description of the consideration, if any, for which the income was received; 4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received; 5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan. (C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,s the statement shall contain: 1. The name, address, and a general description of the business activity of the business entity; 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000). (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. (8) Section 8. Prohibition on Receipt of Honoraria. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (a), (b), and (c) of Government Code section 89501 shall apply to the prohibitions in this section. This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Government Code section 89506. (8.1) Section 8.1 Prohibition on Receipt of Gifts in Excess of $320. http://www.fppc.ca.gov/index.html?ID=52&r—id=/IegaUregs/1 8730.htm C00160 California Fair Political Practices Commission -- Regulations of the Fair Political Practice... Page 5 of 9 (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $320 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part- time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (e), (f), and (g) of Government Code section 89503 shall apply to the prohibitions in this section. (8.2) Section 8.2. Loans to Public Officials. (A) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control. (B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following: 1. Loans made to the campaign committee of an elected officer or candidate for elective office. 2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent -in -law, brother -in -law, sister -in -law, nephew, http: / /www.fppc.ca.gov /index.html ?ID =52 &r id= /legal /regs /18730.htm ; C 9 ( I 5_6 44_ California Fair Political Practices Commission -- Regulations of the Fair Political Practice... Page 6 of 9 niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans from a person which, in the aggregate, do not exceed five hundred dollars ($500) at any given time. 4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms. (A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of his or her election to office through the date he or she vacates office, receive a personal loan of five hundred dollars ($500) or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans: 1. Loans made to the campaign committee of the elected officer. 2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent -in -law, brother -in -law, sister -in- law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code. (8.4) Section 8.4. Personal Loans. (A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances: 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired. 2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following: a. The date the loan was made. b. The date the last payment of one hundred dollars ($100) or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than two hundred fifty dollars ($250) during the previous 12 months. (B) This section shall not apply to the following types of loans: http: / /www.fppc.ca.gov /index.html ?ID =52 &r id= /Iegal/regs /18730.htm C,9 01, r 62 California Fair Political Practices Commission -- Regulations of the Fair Political Practice... Page 7 of 9 1. A loan made to the campaign committee of an elected officer or a candidate for elective office. 2. A loan that would otherwise not be a gift as defined in this title. 3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due. 4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations. 5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy. (C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code. (9) Section 9. Disqualification. No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her immediate family or on: (A) Any business entity in which the designated employee has a direct or indirect investment worth two thousand dollars ($2,000) or more; (B) Any real property in which the designated employee has a direct or indirect interest worth two thousand dollars ($2,000) or more; (C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating five hundred dollars ($500) or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $320 or more provided to; received by, or promised to the designated employee within 12 months prior to the time when the decision is made. (9.3) Section 9.3. Legally Required Participation. No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees. In addition to the general disqualification provisions of section 9, no state administrative official http: / /www.fppc.ca.gov/ index. html? ID= 52 &r_id= /legal/regs /18730.htm 0 - -11 California Fair Political Practices Commission -- Regulations of the Fair Political Practice... Page 8 of 9 shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken: (A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value one thousand dollars ($1,000) or more. (10) Section 10. Disclosure of Disqualifying Interest. When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. Section 11. Assistance of the Commission and Counsel. Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Government Code section 83114 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (11) Section 12. Violations. This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code sections 81000 - 91015. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Government Code section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code section 91003. ENDNOTES 1. Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Government Code section 81004. 2. See Government Code section 81010 and 2 Cal. Code of Regs. section 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3. For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer. 4. Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and http: / /www.fppc.ca.gov /index.html ?ID =52 &r id= /legal /regs /18730.htm ��, �_ California Fair Political Practices Commission -- Regulations of the Fair Political Practice... Page 9 of 9 dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater. 5. A designated employee's income includes his or her community property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6. Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer. NOTE: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300 - 87302, 89501, 89502 and 89503, Government Code. 02/01/01 Copyright 2002 State of California FPPC. All rights reserved. http://www.fppc.ca.gov/index.html?ID=52&r—id= /Iegal/regs/1 8730.htm UU;AGS ITEM 10- Ps CTTV OF MOORPARK, CALIFORNTA City Council Meeting of ACTTON: CA C . d -Ft Re me�al� MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Barry K. Hogan, Community Development Director Prepared by Laura Stringer, Senior Managemen alyst DATE: October 1, 2002 (CC Meeting of 10/16/02) �y SUBJECT: 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). BACKGROUND Government Code Section 65864 and City of Moorpark Municipal Code Section 15.40 provide for Development Agreements between the City and property owners in connection with proposed plans of development for specific properties. Development Agreements are designed to strengthen the planning process, to provide developers some certainty in the development process and to assure development in accordance with the terms and conditions of the agreement. On June 16, 1999, the Moorpark City Council adopted Ordinance No. 257 (effective July 16, 1999), approving a Development Agreement between the City of Moorpark and MP Group, LLC (Pacific Communities). The agreement was approved in connection with a thirty five (35) acre, 247 unit, detached single- family residential project located on the south side of Los Angeles Avenue west of Leta Yancy Road (formerly Liberty Bell Road). The agreement remains in full force and effect for twenty (20) years from the operative date of the agreement (until January 15, 2019), or until the close of escrow on the initial sale of the last Affordable Housing Unit, whichever occurs last. Provisions of the agreement require an annual review and report to the City Council on the status of completion of all aspects of the agreement. On August 1, 2001, the City Council accepted the S: \Community Development \D A \1998 -02 \Staff Report \cc 021016 .doc C' `�f 1 Honorable City Council October 16, 2002 Page 2 Community Development Director's report and recommendation that, on the basis of substantial evidence, Pacific Communities had complied in good faith with the terms and conditions of the agreement, and deemed the annual review process complete for 2001. The developer has submitted the necessary application form, related materials, and fee /deposit for the 2002 annual review. The Community Development Director has reviewed the submitted information, including the project status and provides the following report. DISCUSSION Protect Status The following developer items have been completed or are currently in progress: • Construction of a wall on the west property line has been completed. • Improvement plans for grading, streets and drainage and the final map for Phase I remain in the plan check process. The latest map check was returned to the developer's engineer in June 2002, and the improvement plan check package was returned to the developer in August 2002. The plans have not yet been resubmitted. The City Engineer indicates that some detail work on the plans remains to be completed. The developer also needs to address flood plain elevation issues and National Pollution Discharge Elimination System (NPDES) requirements. • All residential building plans have been submitted and reviewed and are awaiting final approval contingent upon other project approvals. The latest submittal was during October 2001. • An agreement has been reached with Ventura County Flood Control for construction of District of Moorpark Drain No. 2 (sixty -inch (60 ") reinforced concrete pipe from Los Angeles Avenue to Arroyo Simi). • CalTrans encroachment permits and extensions have been issued for construction of the traffic signal at Los Angeles Avenue and Shasta Avenue, and the street widening improvements along Los Angeles Avenue. Although the City has pursued the concept Honorable City Council October 16, 2002 Page 3 of early construction of the traffic signal, current site, utility and traffic handling constraints render that option unfeasible. Within the next twelve (12) months the developer anticipates completion of the following: • Finalizing improvement plan check and final map check requirements. • Completion of grading. • Issuance of Model Home building permits. • Issuance of permits for infra - structure improvements. • Recordation of phases one and two of the Final Map, involving approximately eighty (80) lots. • Initiation of production housing construction. • Completion of the Affordable Housing Implementation and Resale Restriction Plan and Affordable Housing Agreement. Developer Compliance with Terms of Agreement Pacific Communities' development responsibilities are included in Section 6 of the Development Agreement, and include twelve (12) specific requirements, as summarized below. Compliance with the terms and conditions of the Development Agreement will occur at various stages of the development process. Action by the developer and other clarifying information has been noted. Where no comment appears concerning the Development Agreement Sections identified below, no specific activity has occurred. # Requirement Status 1. Compliance with Development In process Agreement, Project Approvals and Subsequent approvals 2. Intentionally left blank in the N/A Development Agreement Honorable City Council October 16, 2002 Page 4 # Requirement Status 3. Intentionally left blank in the N/A Development Agreement 4. Payment of fee in lieu of park No request for fee land dedication required to be calculation has been paid prior to recordation of each received. Payment phase of the Final Map. The park required prior to Final fee is to be calculated in Map recordation. accordance with the City's Subdivision Ordinance requirements, but shall not be less than two thousand five hundred dollars ($2,500) for each residential lot 5. Payment of "Development Fees" of These fees will be two thousand five hundred dollars adjusted annually ($2,500) per residential unit (until paid) using the Consumer Price Index (CPI) in accordance with the Agreement. Fees must be paid prior to issuance of building permits 6. Payment of "Citywide Traffic These fees will be Fees" of three thousand dollars adjusted annually ($3,000) per residential unit (until paid) using the State Highway Bid Price Index in accordance with the Agreement. Fees must be paid prior to issuance of building permits 7. Payment of all outstanding City The project processing processing and environmental account balance is processing costs current, and deposit of $1,760 for the Development Agreement - Annual Review, was paid on June 5, 2002. Honorable City Council October 16, 2002 Page 5 # Requirement Status 8. Waive any right of any density bonus that would increase the number of dwelling units approved for this project 9. Agreement to cast affirmative vote for the formation of an assessment district with the power to levy assessments for the maintenance of parkway landscaping, street lighting (upon Council request - parks conferring special benefits), and to obligate the property owners association to provide for maintenance of parkway landscaping and street lighting in the event the assessment district is dissolved 10. Provide Affordable Housing Units A model agreement is as follows: currently in Median Income development. Eleven (11) three (3) bedroom Additionally, Section units 1.11 of the Development Eleven (11) four (4) bedroom Agreement includes units provisions for Very Low Income affordable housing on In lieu fee of $60,000 for the approximately five each of fifteen (15) units, (5) acre parcel (Tract for a total $900,000 to be No. 5204) located paid at $3,643.73 per unit immediately to the prior to issuance of building east, and approved as a permit. thirty -seven (37) lot extension of the subject development. 11. Agreement to pay all City capital Capital improvement and improvement, development and development fees will processing fees be collected prior to issuance of permits /Final Map � i • � _cN k.+i Honorable City Council October 16, 2002 Page 6 # Requirement Status 12. Deposit one hundred thousand The developer deposited dollars ($100,000) with the City one hundred thousand for the purpose of managing and dollars ($100,000) on 2. coordinating the widening of Los August 24, 1999. Angeles Avenue (SR 118) to three (3) travel lanes in each direction between Moorpark Avenue and Spring Road City Compliance with Terms of Agreement The City's responsibilities are included in Section 7 of the agreement and include six (6) specific provisions, as summarized below. Where no comment appears concerning the Development Agreement Sections identified below, no specific activity has occurred. # Requirement Status 1. Expedite (to the extent possible) the processing of plan checking, and related processing 2. Units reserved for and sold to low income buyers shall not be subject to air quality (Traffic Management System Management) fees 3. Condition Vesting Tentative Tract Map to expire ten (10) years after its approval or conditional approval, or upon expiration of or earlier termination of this agreement 4. Authorize the City Manager to An Early Grading sign an Early Grading Agreement Agreement has been to allow rough grading prior to prepared, but has not City Council approval of a final yet been approved subdivision map Honorable City Council October 16, 2002 Page 7 # Requirement Status 5. Allow construction of one or more model homes prior to City Council approval of a final subdivision map 6. Allow recordation of final maps for the VTTM in phases Evaluation of Good Faith Compliance Based on a review of the Development Agreement Annual Review Application and the status of the project, the Community Development Director has determined, on the basis of substantial evidence that Pacific Communities has, to date, complied in good faith with the terms and conditions of the agreement. STAFF RECOMMENDATION 1. Accept the Community Development Director'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. 2. Deem the annual review process complete. Attachments: 1. Location Map 2. Site Plan 3. Narrative from Pacific Communities 4. Development Agreement V yL �.y ► I>cB LOCATION MAP -T NORTH CC ATTACHMENT 1 ME,, In ��L ARROYO PACIFIC CITY OF MOORPARK CC ATTACEMNT 2 Eli YA. T,7 7 "s-N LA Attn: Laura Stringer, Senior Management Analyst Re: Annual Review of Development Agreement (Tract No. 5053) This narrative is in response to your letter dated 5/24/02 and is part of the application for the review referenced above. Report of items completed prior to this review: a. all improvement plans, on site, been submitted for plan check b. all improvement plans, off -site, been submitted for plan check c. all architecture plans are completed and submitted for plan check d. all landscape plans are completed and submitted for plan check 2. Report of progress during period prior to this review: a. complete hydrology review with the County Flood District b. obtain permit from Cal -Trans for the improvements in LA Avenue. c. signing of the agreement for the installation of the Walnut drain. d. obtaining conceptual approval for on site "water clarification" from the City 3. Explanation of non compliance: With the approval from the County, we expect to receive the final approval from the City's Engineering Dept. within the next 60 days. The actual improvement will be commenced immediately following receipt of approval. C:IEdieWelson ChunglCity of Moorpark Application Narrative.doc CC ATTACHMENT 3 Recording Requested By And When Recorded Return to: CITY CLERK CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 ADA.2.6 99- 132548 Rec Fee .00 A. R. .00 Recorded Official Records County of 1 Ventura Richard D. Dean Recorder 1 8:02am 13- Jul -99 MOOR GT 224 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code § 6103 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MOORPARK AND MP GROUP, LLC RELATING TO CORTE BELLO THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE §65868.5 -1- CC ATTACHMENT 4 .OMDA.2.6 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 MP GROUP, LLC, a California Limited Liability Company (referred to hereinafter as "Developer "). City and Developer 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 Agreement 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 sec-. 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. [INTENTIONALLY LEFT BLANK] 1.3. Developer is owner in fee simple of certain real property in the City of Moorpark, consisting of approximately thirty -five (35) acres located at 850 Los Angeles Avenue, just west of Liberty Bell Road, as 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 "). 1.4. City has approved, or is in the process of approving, General Plan Amendment No. 96 -1 ( "GP"), Zone Change No. 96 -2 ("ZC"), Vesting Tentative Tract Map No. 5053 ("VTTM"), and Residential Planned Development Permit No. 96 -1 ("RPD") . Implementation of these land use entitlements is subject to a mitigation monitoring program that was approved by City on June 2, 1999(the "Mitigation Monitoring Program "). (The GP, ZC, VTTM, RPD and Mitigation Monitoring Program are collectively referred to as the "Project Approvals ".) The Project Approvals authorize a residential development commonly known as "Corte Bello ", consisting of 247 detached single family dwelling units on the Property (the "Project "). 1.5. [INTENTIONALLY LEFT BLANK] -2- ADA.2.6 1.6. By this Agreement, City desires to obtain the binding 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. 1.7. 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. 1.8. 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. 96 -1. 1.9. On November 9, 1998, and November 23, 1998, 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. 1.10 On March 3, 1999 the City Council considered the Project and referred it to the Planning Commission for further review. The Planning Commission reviewed the Project on May 24, 1999 and forwarded its recommendations to the City Council. 1.11 On March 17, 1999 the Moorpark City Council agreed to consider a General Plan Amendment for certain real property consisting of approximately five (5) acres located west of Liberty Bell Road (Liberty Bell Road Property) and as more specifically described by the legal description set forth in Exhibit B, which exhibit is attached hereto and incorporated herein by this reference. In the event the Moorpark City Council approves a General Plan Amendment for Developer or CLP Investment, LLC, a California Limited Liability Company (CLP) but not for anyone else for the Liberty Bell Road Property for a residential land use designation of either Medium or High with accompanying Residential Planned Development zoning, Residential Planned Development Permit and Tract Map, the affordable housing obligation shall be fifteen percent (15 %) of the approved dwelling units to be sold to -3- MDA.2.6 persons /families at the moderate income level. The size of the dwelling units for the referenced dwelling units shall be no less than seventy five percent (75 %) of the average size of the other dwelling units approved by the City for the Liberty Bell Road Property. The sale of the referenced dwelling units shall be subject to the applicable provisions of the Affordable Housing Implementation and Resale Restriction Plan referenced in Section 6.10 of this Agreement relative to resale and other provisions as determined by City at its sole discretion so that City may require a portion of the difference between the then market sales price and the actual sale amount be paid to the City at the time the original purchaser sells the dwelling unit. 1.12 On December 2, 1998 , 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. 257 ( "the Enabling Ordinance "). 2. Property Subject To This Agreement. All of the Property shall be subject to this Agreement. The Property may be referred to hereinafter as "the site" or "the Project area ". 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, except that the term "Developer" shall not include the purchaser or transferee of any lot within the Project area that has been fully developed in accordance with the Project Approvals and this Agreement. 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 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 -4- 4 5. ADA.2.6 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 subdivision, development and use of the Property. 4.1. Permitted Uses. The permitted and conditionally permitted uses of the Property shall be limited to those that are allowed by the Project Approvals and this Agreement. 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 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 purposes that are applicable to the Property are set forth in the Project Approvals and this Agreement. Vesting of Development Rights. 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 -5- .OMDA.2.6 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. In particular, but without limiting any of the foregoing, no numerical restriction shall be placed on the number of dwellings units that can be built each year within the Project Area. However, 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 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 other than Vesting Tentative Tract Map NO. 5053(e.g. tentative, vesting tentative, parcel, vesting parcel, and final 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 building permits. or JMDA.2.6 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: (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; -7- )MDA.2.6 (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 or commercial 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. 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, JMDA.2.6 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. [INTENTIONALLY LEFT BLANK] 6.3. [INTENTIONALLY LEFT BLANK] 6.4. The fee in lieu of park Land dedication pursuant to the City's Subdivision Ordinance requirements (adopted by Ordinance No. 6) shall be paid prior to the recordation of each phase of the final tract map. The fee shall be calculated pursuant to the City's Subdivision Ordinance requirements but shall be no less than twenty five hundred dollars ($2,500.00) for each residential lot for all lots including those designated for Affordable Housing Units. 6.5. As a condition of the issuance of a building permit for each dwelling unit within the boundaries of the Property, Developer shall pay City a 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 five hundred dollars ($2,500.00). The fee shall be adjusted annually (commencing one (1) year after the first residential building permit is issued within the Project) 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 /Anaheim /Riverside metropolitan area during the prior year. The calculation shall be made using the month which is four (4) months prior to the month in which the Development Agreement is approved by the City Council (e.g., if approval occurs in June, then the month of February is used to calculate the increase). 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 t. ,MDA.2.6 discretion. On the effective date of this Agreement, the amount of the Citywide Traffic Fee shall be $3,000 per dwelling unit. Commencing January 1, 2000, 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 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. Any Citywide Traffic Fee still due at the time the City, Caltrans, private developer with City's approval, or any other public or private entity awards a contract to construct an underground rail crossing west of Gabbert Road, shall be paid at the then applicable rate, within ninety (90) days of said contract award. 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 dwelling units approved for this project. 6.9. Developer agrees to cast affirmative ballots for the formation of an assessment district and levying of assessments, for the maintenance of parkway landscaping, street lighting, and if requested by the City Council, parks for the provision of special benefits conferred by same, upon properties within the Project. Developer further agrees to obligate the property owners association to provide for maintenance of parkway landscaping and street lighting in the event the aforementioned assessment district is dissolved or altered in any way or assessments are reduced or limited in any way by a ballot election of property owners, or if the assessment district is invalidated by court action. 6.10. Developer shall provide eleven (11)three (3) bedroom units at approximately 1,027 square feet and eleven (11) four (4) bedroom units at approximately 1,131 square feet to be sold to buyers who meet the criteria -10- 7MDA.2.6 for low income (80% of median income) . The initial sales price, buyer eligibility, resale restrictions, respective role of City and Developer, and any other item determined necessary by the City shall be set forth in the Affordable Housing Implementation and Resale Restriction Plan, which shall be approved by the City Council in its sole and unfettered discretion prior to recordation of the first final Tract Map for this project. In addition, in lieu of constructing the fifteen (15) Very Low Income Affordable Housing Units, Developer shall pay a fee of Sixty Thousand Dollars ($60,000) each, or a total of Nine Hundred Thousand Dollars ($900,000) to the City (In -Lieu Fee) which shall be used by the City at its sole discretion for the purpose of providing housing affordable to very - low, low, or moderate income households. A pro -rata portion of the In -Lieu Fee in the amount of Three Thousand Six Hundred Forty Three Dollars and Seventy Three cents ($3,643.77) shall be paid prior to issuance of the building permit for each dwelling unit in the Project. 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 or any other applicable state or federal law. 6.12 Within thirty (30) days of the Effective Date of this Agreement, Developer shall deposit One Hundred Thousand Dollars ($100,000.00) (Deposit) with the City for the purpose of managing and coordinating (Project Management) the widening of Los Angeles Avenue (SR 118) to three (3) travel lanes in each direction between Moorpark Avenue and Spring Road (Widening Project). City shall at its sole and unfettered discretion retain one or more private consultants to provide Project Management. Project Management shall include but not be limited to coordination with City, Caltrans, and other public agencies and private utilities, preparation of Caltrans Project Study Report (PSR) and Project Report (PR), preparation of conceptual design alternatives and acquisition of any necessary rights- -11- .. �_ pz ..e.. '3i i.,i JMDA.2.6 of -way, except that it shall not include preparation of final design plans and specifications and construction administration and inspection. Any portion of the Deposit remaining after completion of Project Management shall be returned without interest to Developer within ninety (90) days after completion of said Project Management. 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 approvals necessary, convenient or appropriate for the grading, excavation, construction, development, improvement, use and occupancy of the Project. 7.2. City agrees that units reserved for and sold to low income buyers shall not be subject to air quality (Traffic System Management) fees. 7.3 City agrees to condition Vesting Tentative Tract Map No. 5053 to expire ten (10) years after its approval or conditional approval, or upon expiration or earlier termination of this Agreement, whichever occurs first. 7.4. The City Manager is authorized to sign an early grading agreement on behalf of City to allow rough grading the Project prior to City Council approval of a final subdivision map. Said early grading agreement shall be consistent with the conditions of the approved tentative map and contingent on City Engineer and Director of Community Development acceptance of a Performance Bond in a form and amount satisfactory to them to guarantee implementation of the erosion control plan and completion of the rough grading. 7.5. City shall allow construction of one or more model homes prior to City Council approval of a final subdivision map for the VTTM. 7.6. City shall allow recordation of final maps for the VTTM in phases. 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 -12- .'OMDA.2.6 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 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 -13- :OMDA.2.6 (c) fails to make any payments required under this Agreement; or (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 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. -14- q..k :OMDA.2.6 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 Subsection 6.9 or 6.10 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 as may be reasonably required to cure the same, provided that the 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 and every owner of the Property, or part thereof, whose title thereto is acquired by foreclosure, trustee sale or otherwise. 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 -15- +F 0 :OMDA.2.6 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 affected 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 Ordinance No. 59 of City 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 and against any action or proceeding to attack, review, set aside, void or annul this Agreement or any 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. �i OMDA.2.6 19. Term. This Agreement shall remain in full force and effect for a term of twenty (20) years commencing on its operative date or until the close of escrow on the initial sale of the last Affordable Housing Unit, whichever occurs last, 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 "C" 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 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. -17- .OMDA.2.6 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 Ordinance No. 59 of City or any successor thereof then in effect. 27. Cooperation Between City and Developers. City and each 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 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 -18- .! i..'4 _L �a i :OMDA.2.6 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, MP Group, LLC and City of Moorpark have executed this Development Agreement on Tune 11, 1999 amm ATTEST Deborah S. Traf fensfdat City Clerk MP GROUP, LLC By: Nel Pre MOORPARK 799 Moorpark Avenue Moorpark, California 93021 STATE OF CALIFORNIA) COUNTY OF VENTURA ) ss. (805) 529 -6864 On this 16th day of June in the year 1999, before me Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, personally appeared Patrick Hunter,, personally known to me to be the person who executed this instrument as the Mayor of the City of Moorpark and acknowledged to me that the City executed it. Witness my hand and Official Seal PATRICK HUNTER CHRISTOPHER EVANS CLINT D. HARPER DEBBIE RODGERS JOHN E. VVULNIAK Mayor Mayor Pro Tem Councilmember Councilmember Councilmember AMER.1 } STATE OF CALIFORNIA }ss. COUNTY OF orange } On June 11, 1998 , before me, Caen A. Elliott, Notary Public , personally appeared Nelson Chung personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose narD_e(s) is /are subscribed to the within instrument and acknowledged to me that he she /they executed the same in his her /their authorized capacity(ies), and that by his her /their signatures) on the instrument the persons) or the entity upon behalf of which the persQa(s) acted, executed the instrument. WITI' Sign )] �+ NOW PJW - Cdkx M % M,�� 4.AW (This area for official notarial seal) Title of Document Date of Document Other signatures not acknowledged No. of Pages 3008 (1/94) (General) First American Titi@.Ipj'urar�i;e,Gompany S. , EXHIBIT A LEGAL DESCRIPTION Assessor's Parcel Nos. 506- 030 -135, -145, -155, -165, and -180. PACCOMDA.2.6 . . EXHIBIT B LEGAL DESCRIPTION THAT PORTION OF LOT K, TRACT L, RANCHO SIMI, IN THE COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 5, PAGE 5 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTERLINE OF LOS ANGELES AVENUE, 60 FEET WIDE, AT THE NORTHEASTERLY CORNER OF SAID LOT K: THENCE, 1ST SOUTH 00 002105" WEST 1018.38 FEET; AT 30 FEET A 4X4 POST WITH BOLT AND WASHER IN THE CENTER; AT 1018.38 FEET A 1 -INCH PIPE MARKED WITH METAL TAG STAMPED L.S. 1842 SET ON THE SOUTHEASTERLY CORNER OF SAID LOT K; THENCE, 2ND NORTH 65 054132" WEST 16.43 FEET ALONG THE SOUTHERLY LING OF SAID-°LOT K TO THE TRUE POINT OF BEGINNING; THENCE, 3RD NORTH 65 054'32" WEST 438.04 FEET ALONG THE SOUTHERLY LINE OF SAID LOT K TO A 1 -INCH PIPE MARKED WITH A METAL TAG STAMPED L.S. 1842; THENCE, 4TH NORTH 00 002105" EAST 442.21 FEET; THENCE, 5TH NORTH 89 057110" WEST 384.62 FEET TO AN INTERSECTION OF THE WESTERLY LINE OF DEED RECORDED MAY 4, 1993, AS DOCUMENTED NO. 93- 079362 OF OFFICIAL RECORDS; THENCE, 6TH SOUTH 02 000149" EAST 14.54 FEET; THENCE, 7TH SOUTH 89 046'09" EAST 7.03 FEET; THENCE, 8TH SOUTH 04 028127" EAST 99.64 FEET; THENCE, 9TH SOUTH 02 000'05" WEST 506.85 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT THE EASTERLY 15 FEET, AS DESCRIBED IN THE DEED TO CALIFORNIA RANCH COMPANY, RECORDED IN BOOK 155, PAGE 31 OF DEEDS. ALSO EXCEPT THAT CERTAIN LAND CONVEYED TO THE CITY OF MOORPARK, FOR PUBLIC ROAD PURPOSES BY DEED RECORDED MAY 4, 1993, AS DOCUMENT NO. 93- 079362 OF OFFICIAL RECORDS. PACCOIDA . 2 .6 EXHIBIT C To City: City of Moorpark' 799 Moorpark Avenue Moorpark, CA 93021 Attn. City Manager To Developer: MP Group LLC c/o Pacific Communities Builder, Inc. 1000 Dove Street, Suite 100 Newport Beach, CA 92660 Attn. Nelson Chung ITEM 1 O • C`TTv orNmoRr kRT., CAT,iroRNTA (iiiy C'nnncil Meeting _ a IC1: �y►rnxl �c� lid -17 ACTTON: MOORPARK CITY COUNCIL AGENDA REPORT TO: The Honorable City Council 45 FROM: Barry K. Hogan, Community Development Director Prepared by Laura Stringer, Senior Management Analyst DATE: October 1, 2002 (CC Meeting of 10/16/02) SUBJECT: Consider Report of Annual Development Agreement Review, Established in Connection with Residential Planned Development Permit No. 97 -1, a 312 -unit Apartment Project Located on the West side of Moorpark Avenue, South of Park Crest Lane and North of the Arroyo Simi (Archstone Communities). BACKGROUND Government Code Section 65864 and City of Moorpark Municipal Code Section 15.40 provides for development agreements between the City and property owners in connection with proposed plans of development for specific properties. Development Agreements are designed to strengthen the planning process, to provide developers some certainty in the development process and to assure development in accordance with the terms and conditions of the agreement. On June 23, 1999 the Moorpark City Council adopted Ordinance No. 259 (effective July 23, 1999), approving a Development Agreement between the City of Moorpark and Jocelyne Abrar (Archstone Communities). The agreement, recorded August 27, 1999 as Document No. 99- 162774, was approved in connection with Residential Planned Development 97 -1, a 312 -unit apartment project (with affordable housing units) on 19.2 acres located generally north of the Arroyo Simi and west of Moorpark Avenue. The agreement remains in full force and effect for five (5) years from the operative date of the agreement (until July 23, 2004), or until one (1) year after the occupancy of the Three Hundred Twelfth (312th) apartment unit, whichever occurs later. Provisions of the agreement require an annual review and report to the City Council on the status of completion of all aspects of the Honorable City Council October 16, 2002 Page 2 agreement. On July 18, 2001, the City Council accepted the Community Development Director's report and recommendation that on the basis of substantial evidence, Archstone Communities had complied in good faith with the terms and conditions of the agreement, and deemed the annual review process complete for 2001. The developer has submitted the necessary application form, related materials, and fee /deposit for the 2002 annual review. The Community Development Director has reviewed the submitted information, including the project status and provides the following report. DISCUSSION Protect Status Archstone Communities, the developer, has completed the following aspects of Residential Planned Development (RPD) 97 -1: • Project construction is complete and all units have been released for occupancy. • An Affordable Housing Agreement was approved by the City Council on December 19, 2001, and has been implemented. Developer Compliance with Terms of Agreement Archstone Communities' development responsibilities are included in Section 6 of the Development Agreement, and include twelve (12) specific requirements, as summarized below. Compliance with the terms and conditions of the Development Agreement will occur at various stages of the development process. Where no comment appears concerning the Development Agreement Sections identified below, no specific activity has occurred. # REQUIREMENT STATUS 1. Compliance with Development Project construction has Agreement, Project Approvals and been completed. Subsequent approvals. 2. Dedicated lands to be free and The developer has provided clear of liens and encumbrances, clear title to any including off -site property property required for required for street extensions dedications. or improvements, and the property for expansion of Arroyo Simi. S: \Community Development \D A \1997 -01 \Staff Reports \cc 020116.doc 1 w Honorable City Council October 16, 2002 Page 3 # REQUIREMENT STATUS 3. Community Services Fee at $2,845 Paid for 312 units per unit. ($887,640) on August 17, 2000. 4. Park Fee at $3,000 per unit. Paid for 312 units ($936,000) on August 17, 2000. S. Development Fee at $2,500 per Paid for 312 units unit. ($780,000) on August 17, 2000. 6. Citywide Traffic Fee at $3,000 Paid for 312 units per unit. ($936,000) on August 17, 2000. 7. Payment of all outstanding city The project processing processing and environmental account balance is processing costs. current, and the $1,760 deposit for Development Agreement - Annual Review, was paid on September 18, 2002 8. Waiver of rights to any density No additional density bonus beyond 312 units approved bonus has been requested for this project or granted. 9. Agreement to cast affirmative vote for the formation of an assessment district with the power to levy assessments for the maintenance of parkway landscaping, street lighting (upon Council request - parks conferring special benefits). 10. Guarantee Affordability of An affordable Housing sixty -two (62) units: Agreement was approved by Thirty -seven (37) lower income City Council on December (800 or less of Ventura County 12, 2001, and has been median income). implemented Nineteen (19) very low income (50o or less of Ventura County median income). Six (6) very very low income 330 or less of Ventura County median income). S: \Community Development \D A \1997 -01 \Staff Reports \cc 020116.doc qty' : Cl Pxe Honorable City Council October 16, 2002 Page 4 # REQUIREMENT STATUS 11. Agreement to pay all City capital All development and improvement, development and capital improvement fees processing fees and agreement not have been paid. to protest fees. 12. Design, pay plan check, Park Lane street administrative and inspection improvements have been costs, post surety, and construct constructed. one -half of the future ultimate 2. width of Park Lane (street Area of Contribution (AOC) improvements) from current Fee ($300,000) was paid terminus south to the August 17, 2000. intersection with new east /west 3. street to be built by the Paid for 312 units developer. ($156,000) on August 17, City Compliance with Terms of Agreement The City's responsibilities are in agreement and include four (4) specif below. Where no comment appears Agreement Sections identified below occurred. cluded in Secti is provisions, concerning the , no specific on 7 of the is summarized Development activity has # REQUIREMENT STATUS 1. Expedite (to the extent Project construction has possible) the processing of plan been completed. checking; excavation, grading, building, encroachment and street improvement permits; certificate of occupancy, utility connection authorizations etc. 2. Agreement that the Los Angeles Area of Contribution (AOC) Avenue Area of Contribution Fee ($300,000) was paid (AOC) Fee for the project shall August 17, 2000. be in the amount of $300,000. 3. Agreement that the Traffic Paid for 312 units System Management Fee (TSM) for ($156,000) on August 17, the project shall be in the 2000. amount of $500 per unit. S: \Community Development \D A \1997 -01 \Staff Reports \cc 020116.doc Honorable City Council October 16, 2002 Page 5 # REQUIREMENT STATUS 4. Agreement to allow certain modifications to the City Zoning Code and development standards, including parking ratios, encroachments into required setbacks, project density, required number of covered parking spaces. Evaluation of Good Faith ComlDliance Based on a review of the Development Agreement Annual Review Application and the status of the project, the Community Development Director has determined, on the basis of substantial evidence that Archstone Communities has, to date, complied in good faith with the terms and conditions of the agreement. STAFF RECOMMENDATION 1. Accept the Community Development Director's Report and recommendation that, on the basis of substantial evidence, Archstone Communities has complied in good faith with the terms and conditions of the agreement. 2. Deem the annual review process complete. Attachments: 1. Location Map 2. Site Plan 3. Letter from Archstone dated September 16, 2002 4. Development Agreement S: \Community Development \D A \1997 -01 \Staff Reports \cc 020116.doc LOCATION MAP CC ATTACHMENT 1 �NAV C'l c N1 SITE"" 300 ,Nl c, NORTW I MAJE''TIC SIV CT lc� 0, �j DR 13, I SWIVERY MEREST �A cc Po C c cr V AV ■ ■ 2 12200 t 100. 09 Eai UNIDOS AV 21': SEE IW E3 'cl, JAP&S < AV AV I PAL0141TAS C►R C) LORETTA AR 1 CC ATTACHMENT 1 �NAV C'l c N1 SITE"" 300 ,Nl c, NORTW I MAJE''TIC SIV CT lc� 0, �j DR 13, i - - - LMfTS-OF WORK - - - PARK CREST LANE - - - ------------------ - - - -- -------------------- - - - - -- , i I Ij I, MCC PREPARED FOR: ARGYSTCNE COMMUNITIES The Keith Companies 277 Technology Drive 2955 Red Hill Avenue, Irvine, California 926'8 Costa Meso, CA 92626 ,(949) 789 -1500 !774) 540 -0800 F f 8 T z "e J II LU W LU -I Y i i MCC PREPARED FOR: ARGYSTCNE COMMUNITIES The Keith Companies 277 Technology Drive 2955 Red Hill Avenue, Irvine, California 926'8 Costa Meso, CA 92626 ,(949) 789 -1500 !774) 540 -0800 F f 8 T z "e A R C H S T 0 N E September 16, 2002 Ms. Laura Stringer Senior Management Analyst City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Re: Development Agreement Annual Review Dear Ms. Stringer: Archstone Communities 217 Technology Drive, Second Floor Irvine, California 92618 Telephone (949) 789 1500 www.archstonecommunities.com Pursuant to the Development Agreement by and between the City of Moorpark and Archstone Communities, dated July 19, 1999, below is a current status report on Archstone Moorpark apartments. The construction of Archstone Moorpark apartments, including both onsite and offsite improvements, has been completed. The final certificate of occupancy was issued in May 2002 and the project achieved full stabilization in August 2002. As of the date of this letter, we have submitted as -built plans for review by the City Engineer and are processing a final punch list required to have our improvements accepted by the City of Moorpark. We anticipate that the as -built plans and punch list should be complete by the end of September 2002. I hope the information above, along with the enclosed Annual Review Application form, the application fee and 2 copies of our site plan will be sufficient for your annual review process. Please let me know if you need any additional information. Sincerely, �A 1—oKn Hyde Development Associate Enclosures Copy: John Luedtke (w /o enclosures) CC ATTACHMENT 3 Recording Requested By And When Recorded Return to: CITY CLERK CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 1 99- 162774 1 Rec Fee .00 1 A. R. .00 Recorded I Official Records I County of I Ventura I Richard D. Dean I Recorder 1 8:02as 27- Aug -99 I MOOR GI 28 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MOORPARK AND ARCHSTONE COMMUNITIES THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE §65868.5 CC ATTACHMENT 4 m 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 JOCELYNE ABRAR, a Single Woman (referred to hereinafter as "Developer "). City and Developer 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 Agreement 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 sec'. 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 nineteen and two tenths (19.2) acres generally located north of the Arroyo Simi and west of Moorpark Avenue as 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 Amendment No. 97- 3( 11GP11), Zone Change No. 97 -7 ("ZC"), , and Residential Planned Development Permit No. ("RPD "). Implementation of these land use entitlements is subject to a mitigation monitoring program that was approved by City on June 23, 1999 (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 312 apartments on the Property (the "Project "). 1.4. By this Agreement, City desires to obtain the binding 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. 2 ARCHSTONE DA.4 C 0,` '• 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. 97 -1. 1.7. On May 24, 1999, 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, 1999, 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. 259 ( "the Enabling Ordinance "). 2. Property Subject To This Agreement. All of the Property shall be subject to this Agreement. The Property may also be referred to hereinafter as "the site" or "the Project area ". 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 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 ARCHSTONE DA.4 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. 4. Development of the Property. The following provisions shall govern the development and use of the Property. 4.1. Permitted Uses. The permitted and conditionally permitted uses of the Property shall be limited to those that are allowed by the Project Approvals and this Agreement. 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 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 purposes that are applicable to the Property are set forth in the Project Approvals and this Agreement. 4 ARCHSTONE DA.4 5. Vesting of Development Rights. 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. In particular, but without limiting any of the foregoing, no numerical restriction shall be placed on the number of dwellings units that can be built each year within the Project Area. However, 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 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 0 ARCHSTONE DA.4 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: (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 6 ARCHSTONE DA.4 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. 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) FA ARCHSTONE DA.4 ! t 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 Two Thousand, Eight Hundred Forty -Five Dollars ($2,845.00) per residential unit. The Community Services Fee shall be adjusted annually (commencing two (2) years after the first residential building permit is issued within the project) 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 calculation shall be made using the month which is four (4) months prior to the month in which the Development Agreement is approved by the City Council (e.g., if approval occurs in-June, then the month of February is used to calculate the increase). 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. The fee shall be Three Thousand Dollars ($3,000.00) for each residential unit. The Park Fee may be expended by the City in its sole and unfettered discretion. On the effective date of this Agreement, the amount of the Park Fee shall be $3,000 per residential unit. Commencing January 1, ARCHSTONE DA.4 2001, 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 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 five hundred dollars ($2,500.00). The fee shall be adjusted annually (commencing one (1) year after the first residential building permit is issued within the Project) 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 calculation shall be made using -the month which is four (4) months prior to the month in which the first residential building permit is issued by the City Council (e.g., if issuance occurs in June, then the month of February is used to calculate the increase). 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 effective date of this Agreement, the amount of the Citywide Traffic Fee shall be $3,000 per residential unit. Commencing January 1, 2001, 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 indexing ") . In the event there is a decrease in the referenced Index for any annual 9 ARCHSTONE DA.4 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 Three Hundred Twelve (312) dwelling units. 6.9. Developer agrees to cast affirmative ballots for the formation of an assessment district with the power to levy assessments for the maintenance of parkway landscaping, street lighting, and if requested by the City Council, parks conferring special benefits, upon properties within the Project. 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 sixty -two (62) rental units for the life of the Project. These sixty -two (62) affordable units shall be rented to eligible tenants as follows in A., B., and C.: A. Thirty -Seven (37) units for Lower Income households (80% or less of Ventura County median income) to be rented for no more than 30% of 80% of the Ventura County median income adjusted for household size appropriate to the unit and no more, less a utility allowance. The utility allowance shall be adjusted annually, commencing in the year 2000, based on the change in the Consumer Price Index (CPI). 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 calculation shall be made using the month which is four (4) months prior to the month in which the Development Agreement is approved by the City Council (e.g., if approval occurs in June, 10 ARCHSTONE DA.4 then the month of February is used to calculate the increase) . If there is a decrease in the CPI, the utility allowance shall remain at the same amount until the next annual change in CPI results in an increase. Type of Unit Number of Household Size Utility Units Adjustment Allowance one bedroom, one bath 8 2 persons $42 two bedroom, one bath units 12 3 persons $50 two bedroom, two bath units 12 3 persons $50 three bedroom, two bath units 5 4 persons $63 The above Adjustment for Household Size is intended to provide a single rental rate applicable to eligible tenants for each type of unit and, therefore, is applied regardless of actual household size. The Developer may not charge additional rent based on a larger actual household size. (For example, the maximum monthly rent for a low income household of six renting a three bedroom, two bath unit would be calculated as follows: the Ventura County median income for a household of four x .80 x .30 divided by 12 less the utility allowance, $65,300 x .80 x .30 divided by 12 less $63.00 equals $1,243.001. Rather than calculating household income by using 80% of median income, the household income amount for lower income households shall be the amount published by the United States Department of Housing and Urban Development Household Income Limits for Ventura County (HUD Income Limits) or such successor information in the event the referenced published information is no longer available, but in no event less than seventy -three percent (73 %) nor more than eighty percent (80 %) of median income. If the HUD Income Limits household income amount is less than 73% of median income, it shall be set at 73% of median income, and if it is more than 80% of median income, it shall be set at 80% of median income. 11 ARCHSTONE DA.4 B. Nineteen (19) units for Very Low Income households (50% or less of Ventura County median income) to be rented for no more than 30% of 50% of the Ventura County median income adjusted for household size appropriate to the unit and no more, less a utility allowance. The utility allowance shall be adjusted annually, commencing in the year 2000, based on the change in the Consumer Price Index (CPI) . 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 calculation shall be made using the month which is four (4) months prior to the month in which the Development Agreement is approved by the City Council (e.g., if approval occurs in June, then the month of February is used to calculate the increase) . If there is a decrease in the CPI, the utility allowance shall remain at the same amount until the next annual change in CPI results in an increase. Type of Unit Number of Household Size Utility Units Adjustment Allowance two bedroom, one bath 6 3 persons $50 two bedroom, two bath units 9 3 persons $50 three bedroom, two bath units 4 4 persons $63 The above Adjustment for Household Size is intended to provide a single rental rate applicable to eligible tenants for each type of unit and, therefore, is applied regardless of actual household size. The Developer may not charge additional rent based on a larger actual household size. (For example, the maximum rent for a very low income single person renting a two bedroom, one bath unit would be calculated as follows: the Ventura County median income for a household of three x .50 x .30 divided by 12 less the utility allowance, $58,800 x .50 x .30 divided by 12 less $50.00 equals $685.001 12 ARCHSTONE DA.4 4 A-r A4 , 3 C. Six (6) units for Very Very Low Income households (33% or less of Ventura County median income) to be rented for no more than 30% of 33% of the Ventura County median income adjusted for household size appropriate to the unit and no more, less a utility allowance. The utility allowance shall be adjusted annually, commencing in the year 2000, based on the change in the Consumer Price Index (CPI) . 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 calculation shall be made using the month which is four (4) months prior to the month in which the Development Agreement is approved by the City Council (e.g., if approval occurs in June, then the month of February is used to calculate the increase) . If there is a decrease in the CPI, the utility allowance shall remain at the same amount until the next annual change in CPI results in an increase. Type of Unit Number of Household Size Utility Units Adjustment Allowance two bedroom, one bath units 4 3 persons $50 two bedroom, two bath units 1 3 persons $50 three bedroom, two bath units 1 4 persons $63 The above Adjustment intended to provide applicable to eligible unit and, therefore, actual household size. charge additional rent household size. [Fo monthly rent for a household of four ren bath unit would be cal for Household Size is a single rental rate tenants for each type of s applied regardless of The Developer may not based on a larger actual example, the maximum very very low income .ing a two bedroom, two ;ulated as follows: the Ventura County median income for a household of three x .33 x. .30 divided by 12 less the utility allowance, $58,800 x .33 x .30 divided by 12 less $50.00 equals $435.001. 13 ARCHSTONE DA.4 " ..t 3 #-?' 'r., , *.,k aEa 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 the sixty -two (62) affordable units to the above not -to- exceed amounts 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. Chapter 17.64 of the Moorpark Municipal Code shall not apply to this 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). In addition, the Developer shall not convert the Project to for -sale condominiums community apartments, planned development, stock cooperative, or other common interest development without an amendment to the Plan authorizing such conversion which amendment will require the Developer to provide affordable ownership units as determined by the City under the terms of the amendment but in no event less than sixty -two (62) units in the same numbers by income level as provided in A., B., and C., above. 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 or any other applicable state or federal law. 14 ARCHSTONE DA.4 6.12 Developer shall construct Park Lane (Street Improvements) from its current terminus on its east side of approximately one hundred twenty (120) feet south of Los Angeles Avenue to the intersection with the new east /west street between Moorpark Avenue and Park Lane to be constructed as part of this project. The Street Improvements shall include one -half of the future ultimate width and shall include twenty -six (26) feet of pavement plus curb, gutter, and sidewalk consistent with Plate B -3 -C and any necessary transition and intersection improvements with the future east /west street and current improvements on Park Lane. Developer's obligation to construct Street Improvements shall be contingent on City's acquisition of the real property necessary for said Street Improvements at no cost to Developer. City must obtain the necessary real property within twelve (12) months after the first residential building permit is issued for the Project. Upon written notification from City of its acquisition of the real property within the above referenced time period, Developer shall commence design and shall complete construction prior to obtaining occupancy approval for the last residential building in the Project. Final design, plans and specifications including but not limited to whether the Street Improvements will be on the east or west half of Park Lane shall be approved by the City Council at its sole and unfettered discretion. Developer shall also pay City's costs for plan check and inspection plus City's administrative costs. Within sixty (60) days of receipt of City's notice to commence design of the Street Improvements, Developer shall provide a surety in an amount and form acceptable to City at its sole and unfettered discretion to guarantee construction of the Street Improvements within the aforementioned one year time period. 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 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 of Three Hundred 15 ARCHSTONE DA.4 Thousand Dollars ($300,000.00) payable prior to issuance of the first building permit for the project. 7.3 City agrees that the Developer's payment of the TSM Fee shall be in the amount of $500.00 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 2.13:1 parking ratio as compared to the Code requirement of 2.5:1 spaces per dwelling unit with a total of 666 parking spaces required. B. Allow garages along the western and southerly property line to encroach into the five foot setback and be built to the property line. C. Allow the project to be built at a density of 16.2 units per acre. D. Allow the parking spaces along the northern property line to encroach five (5) feet into the required twenty (20) foot setback. E. Allow the project to be built with one (1) covered space per unit and accept carports as fulfillment of this obligation so long as carports along the perimeter property lines are enclosed on three sides. Allow the uncovered parking and project landscaping along the eastern property line (Moorpark Avenue) to encroach five (5) feet into the required twenty (20) foot setback. F. Chapter 17.64 of the Moorpark Municipal Code shall not apply to this Project. 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 16 ARCHSTONE DA.4 / ,,e f 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 (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 17 ARCHSTONE DA.4 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. 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 Subsection 6.9 or 6.10 of this Agreement, City shall have the right to withhold the issuance of building 18 ARCHSTONE DA.4 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 as may be reasonably required to cure the same, provided that the 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. 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 IM ARCHSTONE DA.4 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 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 Hundred 20 ARCHSTONE DA.4 Twelfth (312`') 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 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 21 ARCHSTONE DA.4 G 41134 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 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. WA ARCHSTONE DA.4 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. MI ARCHSTONE DA.4 IN WITNESS WHEREOF, Jocelyne Abrar and City of Moorpark have executed this Development Agreement on TU,W 1c1 (999 a Jocelyne,Abr r \qe loper 24 A�&q C-eib�& 0-A9CAed' ARCHSTONE DA.4 t, Y MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 STATE OF CALIFORNIA) COUNTY OF VENTURA ) ss. On this 19th day of July in the year 1999, before me Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, personally appeared Patrick Hunter, personally known to me to be the person who executed this instrument as the Mayor of the City of Moorpark and acknowledged to me that the City executed it. Witness my hand and Official Seal �: paale� S - -T Deborah S. Traffenst6dt City Clerk PATRICK HUNTER CHRISTOPHER EVANS CLINT D. HARPER DEBBIE RODGERS JOHN E. WOZNIAK Mayor Mayor Pro Tam Councilmember Councilmember Councilmember CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of County of l/ �� County /� 3 a% before me, A, e � LuzolJ !� V 0 ,)L� filM On Da e t A I Name and Tale of Officer (e.g., 'Jane l5oe. Notary Public personally appeared Name(s) of (proved to me on the basis of satisfactory evidence to be the person whose name is /y$@ subscribed to the within instrument and acknowledged to me that tte(she/rhk executed the same in T�s/her /tKlr authorized capacity64), and that by 4"er /t* signature* on the instrument the person(', NAU+l11QiURANA or the entity upon behalf of which the person(ht acted, Cok'm.#JC 24 Z executed the instrument. Notc.y PuV1C — C@rtOmlO > LOS ANGELES COUN1Y Explte] JUL 2'Y WITNESS my hand and official seal. kZ1 Aw-0 A4 Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of C Document Date: Signer(s) Other 7 Capacity(ies) Claimed by Signer(s) Signer's Name: 45 A& C Individual Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: /N�i� 0� Ll Signer's Name: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney-in-Fact Trustee Guardian or Conservator Other: Signer Is Representing: L O 1994 National Notary Association • 8236 Remmet Ave.. P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder. Call Toll -Free 1.800.876.6827 EXHIBIT A LEGAL DESCRIPTION Assessor's Parcel No. 506 -0- 050 -275 25 ARCHSTONE DA.4 EXHIBIT B To City: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn. City Manager To Developer: Jocelyne Abrar 29311 Castle Hill Drive Agoura Hills, CA 91301 John Luedtke, Vice President Archstone Communities 217 Technology Drive Irvine, CA 92618 26 TO: FROM: DATE: SUBJECT: MOORPARK CITY COUNCIL AGENDA REPORT The Honorable City Council ITEM IC)- k R�N 1A Nw BY: Mary K. Lindley, Director of Community Services October 8, 2002 (CC Meeting of October 16, 2002) DISCUSSION Consider FY 02/03 Budget Amendment for Purchase and Installation of Park Monument Signs The City Council is being asked to adopt a budget resolution that would amend the FY 02/03 budget by appropriating $14,000 to Tierra Rejada Park and $6,000 to Campus Park for monument signs. Tierra Rejada Park is scheduled to receive two signs, one for each parking lot entrance. These two parks were budgeted for monument signs in FY 01/02, along with Mountain Meadows Park and Villa Campesina Park. The park monument sign project was not completed. Funds for signs in Mountain Meadows and Villa Campesina parks were carried over into FY 02/03; however, they were not carried over for Tierra Rejada and Campus parks. The Parks and Recreation Commission has recommended monument sign designs and staff has received price proposals for purchase and installation. With Council's approval of the proposed budget amendment, the project should be completed by the end of the calendar year. The funding source for the Tierra Rejada Park signs will be Park Improvement Fund - Zone 3. The current unappropriated fund balance in Zone 3 is estimated to be $22,000. The total amount to be transferred from the fund balance is $14,000. The funding source for the Campus Park is Park Improvement Fund - Zone 2. The current unapprpriated fund balance in Zone 2 is $37,000. The total amount to be " 0 A, ;,3 Honorable City Council October 16, 2002 Page 2 transferred is $6,000. Park Improvement Funds can only be spent on park improvements and expansions. STAFF RECOMMENDATION (Roll Call Vote) Adopt Resolution No. 2002 -_, amending the FY 02/03 budget by appropriating $14,000 from the Park Improvement Fund - Zone 3 (2113) and $6,000 from Park Improvement Fund - Zone 2 (2112) to the respective expenditure budgets for Tierra Rejada Park and Campus Park. M:\MLindley\PARKS\Monument sign budget amend ccagd.doc 0-1. 1 Honorable City Council October 16, 2002 Page 3 RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FY 2002/03 BUDGET FOR PARK MONUMENT SIGNS BY APPROPRIATING $14,000 FROM THE PARK IMPROVEMENT FUND - ZONE 3 (2113) AND $6,000 FROM ZONE 2 (2112) TO TIERRA REJADA PARK AND CAMPUS PARK EXPENDITURE BUDGETS WHEREAS, on June 5, 2002, the City Council adopted the FY 2002/03 Budget; and WHEREAS, on October 16, Council with a report appropriation of $14,000 from Zone 3 and $6,000 from Park I park monument signs at Tierra and 2002, staff presented the requesting an additional the Park Improvement Fund - mprovement Fund - Zone 2 for Rejada Park and Campus Park; WHEREAS, Exhibit "A" hereof describes said budget amendment and its resultant impacts to the budget line items. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment to appropriate $14,000 from the Park Improvement Fund - Zone 3 and $6,000 from Park Improvement Fund - Zone 2 for park monument signs at Tierra Rejada Park and Campus Park, 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 16th day of October, 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk M:\MLindley\PARKS\Monument sign budget amend ccagd.doc R Honorable City Council October 16, 2002 Page 4 Resolution No. 2002- EXHIBIT A Budget Revision A. Fund Allocation: Fund No. Fund Name Amount 2113 Park Improvement Fund - Zone 3 $14,000 2112 Park Improvement Fund - Zone 2 $6,000 B. Budget Appropriation: BUDGET NUMBER BUDGETED REVISION NEW BUDGET 2113.7800.7811.9632 $0 $14,000 $14,000 2112.7800.7805.9632 $0 $6,000 $6,000 Approved to Form: M:1MLind1ey\PARKS\ 4onument sign budget amend ccagd.doc ITEM 10. It f JI-r f oll'1cii iceting AC b 0N; 11rJ,rr7�lE'(� S�. City of Moorpark � Y'Y' `� _ --- AGENDA REPORT BY; TO: The Honorable City Council FROM: John Brand, Senior Management Analystg DATE: October 8, 2002 (CC meeting of October 16, 2002) SUBJECT: Consider an Agreement to Provide Security Guard Services at the Moorpark Metrolink. SUMMARY The City Council is being asked to consider the authorizing the City Manager to execute a service agreement with a security firm to be selected to provide guard services at the Moorpark Metrolink Station. The City has contracted for guard service at the station since 1993. Cost proposals from area security firms have been received. However, evaluation of the proposals and of the firms' qualifications has not been completed. Sufficient funds are appropriated in the current budget to accommodate the cost proposals received. BACKGROUND On March 13, 1993, the City Council initially funded and approved the establishment of a security guard at the Moorpark Metrolink Station, and entered into an Agreement with the firm of Security Above for that purpose. The security guard is intended to deter property damage to the station and to the vehicles parked there. The guard is on duty at the Station for eight hours per day, five days per week. The shift usually ends thirty minutes after the last train of the night is scheduled to arrive. This is to allow any stranded passengers to feel safe while they make arrangements for a ride. Metrolink does not operate on weekends or on major holidays. Security Above requested termination of its Agreement effective October 31, 2002. Upon termination notification, staff sought proposals from security firms serving this area. The three Honorable City Council CC Meeting of October 16, 2002 Page 2 proposals received range in cost between $13.50 and $16.00 per hour. Under the City's current Agreement, it pays Security Above $12.30 per hour. The appropriation for Metrolink Security in the FY 2002 -2003 appears to be sufficient to meet the cost quotations staff has received to date. No additional appropriation or budget adjustment would be necessary. Staff asks that the City Manager be authorized to select the most capable and affordable firm and to execute an Agreement for continued security services at Moorpark Station. RECOMMENDATION Authorize the City Manager to select a firm to provide security services within the authorized budget and to execute the Agreement to provide security guard services at the Moorpark Metrolink Station. Moorpark Station Security Agreement TO: FROM: DATE: City of Moorpark AGENDA REPORT The Honorable City Council ITEM 0• S• AC _ 0- 1 John Brand, Senior Management Analyst 0 October 7, 2002 (CC meeting of October 16, 2002) SUBJECT: Consider Changing the Community Services Intern to a Full Time Management Assistant and Adopt Resolution No. 2002 - to Amend the Fiscal Year 2002/2003 Solid Waste Budget. SUMMARY The City Council is being asked to approve the addition of a Management Assistant position to the Community Services Department. The position would replace the existing part -time intern position. Additionally, the Council is asked to adopt a budget resolution appropriating $11,300 to support the new position. DISCUSSION Since about 1991, the Community Services Department has had a part - time intern position. Currently, the position is assigned to work thirty hours per week. Under the supervision of the Community Services Senior Management Analyst, this position assists with the implementation of solid waste and recycling programs, Moorpark City Transit, and the paratransit service. Over the intervening years, each of the above City services has grown with the City. Additionally, within the past three years, the Senior Management Analyst in Community Services has been tasked with responsibility for Animal Regulation and Mosquito and Vector Control. There has also been a consistent stream of special projects in these, and in the other divisions of Community Services (Parks, Recreation, Senior Center, Facilities, transit, etc.) that staff is challenged to complete in addition to the day -to -day tasks association with the Department. Honorable City Council CC Meeting of October 16, 2002 Page 2 If approved, the part -time intern position (Salary Range 30) would e upgraded to a full time Management Assistant position at Salary Range 46 and be a Competitive Service position. This is an entry - level professional position. The Management Assistant would be able to perform at a higher level than the intern, relieving some of the workload of the Senior Management Analyst and the Department Director. The approximate difference in annual salary and benefits is $30,000. It is proposed that funding for this would come from AB 939 fees, TDA, and annual grants from the state. For Fiscal Year 2002 -2003, an additional appropriation of $11,300 is necessary to fund this position from January to the end of the Fiscal Year. Staff proposes using a portion of the fund balance from the AB 939 Special Revenue Fund 5001 for 90% of the cost and TDA 8c Transit for remainder of the staff expense. This is the same funding split for the current part -time position. Historically, the City AB 939 spending has been less than the annual revenue. The FY 01/02 yearend fund balance for the AB 939 Special Revenue Fund 5001 was $765,057 as of June 30. Please see the table below for a quick four -year view of the AB 939 Special Revenue Fund revenue, expenditure, and fund balances. Only AB 939 - related revenue and expenditures are shown. The Solid Waste budget also receives annual Used Oil Grants ($8,000 - $14,000), and Beverage Container and Litter Reduction Grants ($8,000 - $10,000) each year. Each grant also has associated expenses. In the current year budget, the AB 939 portion of the fund dips into fund balance for about $2,000 to meet total expenditures. This is a result of the expenditure of $40,000 over a two -year period to fund the waste diversion study approved by the City Council in 2000. When the other revenue sources and their expenditures are added in, the fund as whole is projected to have a $20,382 surplus this year, which will again increase the fund balance. Fund 5001 AB 939 Special Revenue FY 02 -03 Budget FY 01 -02 Actual FY 00 -01 Actual FY 99 -00 Actual AB 939 Revenue 215,450 209,262 202,402 194,497 AB 939 Expenditures 217,745 181,706 159,001 114,916 AB 939 Fund Balance 789,881 765,057 708,445 631,070 M:VBrand\M\Moorpark \City Council \CC Agenda Staff Reports \CC 2002\Solid Waste Management Asst 02 -03 budget amend.doc Honorable City Council CC Meeting of October 16, 2002 Page 3 AB 939 revenue and the Used Oil and Beverage Container grants can only be used to support solid waste management activities. As indicated, in recent years the volume of calls and general work activity has associated with solid waste, transit, animal and vector control divisions has increased. At the same time, capital projects such as park improvements, facility maintenance, and the Metrolink Station landscaping projects have placed additional demands upon the department. Staff requests the upgrade of the current position with the expectation that it will help provide improved service to the community in the delivery of these services. In other words, the additional full -time person should help the department accomplish its overall regular duties as well as helping to completion those many non - recurring special projects in a timelier manner. The Council is being asked to consider a budget amendment increasing the appropriation for AB 939 and TDA Salaries and Benefits by $11,300, and transferring the remaining AB 939 and TDA part -time salaries and benefits for the full time line item. It is proposed that the Community Services Management Assistant be at the Range 46 in the City's Salary Schedule. This is considered appropriate compensation for the education and experience required for the position. If this action is approved, staff will return to the Council with appropriate amendments to the Salary Plan and Classification Plan. STAFF RECOMMENDATION (ROLL CALL VOTE) Approve the addition of a Management Assistant position (Range 46) in the Community Services Department, and Adopt Resolution No. 2002- , amending the Fiscal Year 2002/2003 Solid Waste Budget. Attachment: Resolution No. 2002- M:UBrand\M\Mooipark \City Council \CC Agenda Staff Reports \CC 2002\Solid Waste Management Asst 02 -03 budget amend.doc RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2002/2003 BUDGET BY APPROPRIATING $10,170 OF THE AB 939 FUND FOR SOLID WASTE AND $1,130 FOR LOCAL TRANSIT EXPENDITURES. WHEREAS, on June 5, 2002, the City Council adopted the Budget for Fiscal Year 2002/2003; and WHEREAS, the City Council wishes to create the position of Community Services Management Assistant, a full time Competitive Service position compensated at Salary Range 46 in accordance with the City Salary plan currently adopted by the City; and WHEREAS, funds are available in the AB 939 Fund that were collected for integrated waste management (solid waste and recycling) activities in the City; and WHEREAS, Exhibit "A" hereof describes said budget amendment and its resultant impacts to the budget line items; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment 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 16th day of October 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Attachment: Exhibit "A" EXHIBIT A APPROPRIATIONS FOR FY 2002 -2003 Community Services Department Solid Waste and Transit Programs DISTRIBUTION OF APPROPRIATIONS TO EXPENSE ACCOUNT NUMBERS ACCOUNT APPROPRIATION FUND NUMBER REQUEST AB 939 5001 -5500 10,170 TDA 8c Transit 5000 -5500 1,130 DISTRIBUTION OF APPROPRIATIONS TO EXPENSE ACCOUNT NUMBERS Approved: ti t f CURRENT APPROPRIATION REVISED ACCOUNT NUMBER APPROPRIATION REQUEST APPROPRIATION Full Time Salaries 58,316.00 19,480 77,796.00 5001.7530.7502.9002 Part Time Salaries 16,789.00 (14,800) 1,989.00 5001.7530.7502.9003 Group Insurance 7,029.00 3,780 10,809.00 5001.7530.7502.9010 PERS Contributions 5,984.00 1,440 7,424.00 5001.7530.7502.9013 Medicare 1,112.00 270 1,382.00 5001.7530.7502.9014 Full Time Salaries 11,663.00 2,168.00 13,831.00 5000.7310.0000.9002 Part Time Salaries 1,865.00 (1,648) 217.00 5000.7310.0000.9003 Group Insurance 1,406.00 420 1,826.00 5000.7310.0000.9010 PERS Contributions 1,078.00 160 1,238.00 5000.7310.0000.9013 Medicare 201.00 30 231.00 5000.7310.0000.9014 Total 105,443.00 11,300.00 116,743.00 Approved: ti t f c;j nczi i6tebta.?l • • ic�_F�- b�,d►.r►c� to ic) - �� -C�i� ITEM .� _ 1 j t � :.tea �+e�9 flrd ► (1J►Yt,� Y1 V(i yo 'P" (Irani ORDINANCE N0. 289 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, .. AMENDING TITLE 15 OF THE MOORPARK MUNICIPAL CODE BY AMENDING CHAPTERS 15.04, 15.08, 15.12, 15.14, 15.16, 15.18, AND 15.20; ADOPTING BY REFERENCE AND AMENDING THE CURRENT EDITIONS OF CERTAIN MODEL CODES AS FOLLOWS: UNIFORM BUILDING CODE, VOLUMES 1, 2, & 3, 1997 EDITION; WITH APPENDIX; NATIONAL ELECTRICAL CODE, 1999 EDITION; UNIFORM PLUMBING CODE, 2000 EDITION; UNIFORM MECHANICAL CODE, 2000 EDITION; UNIFORM HOUSING CODE, 1997 EDITION; UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1997 EDITION AND THE UNIFORM ADMINISTRATIVE CODE, 1997 EDITION WHEREAS, Government Code Section 50022.1, et seq., provides that ordinances and codes of the Federal, State, or any agency of either of them, may be adopted by reference, provided that prior to such adoption by reference a noticed public hearing has been held; and WHEREAS, a noticed public hearing was held by the City Council on October 2, 2002, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting by reference the current editions of certain model codes, as follows: Uniform Building Code, 1997 Edition, Volumes 1, 2 & 3, with Appendix; including the Fire Resistive Design Manual, Fourteenth Edition, dated April 1994; National Electrical Code, 1999 Edition; Uniform Plumbing Code, 2000 Edition; Uniform Mechanical Code, 2000 Edition; Uniform Housing Code, 1997 Edition; Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition; Uniform Administrative Code, 1997 Edition; together with amendments thereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. Pursuant to the requirements of Health & Safety Code § 17958.7, the City Council finds that there are local geographical conditions justifying the California Building Code amendments set forth below: 1. Climatic. The local climate is characterized by periods of high temperatures accompanied by low humidity and high winds each year. These conditions could create an environment in which the fire department may have great difficulty in controlling fires occurring in hillside brush areas as well as structures not having built -in fire protection. Further, the warm climate encourages the proliferation of swimming pool mow:, Ordinance No. 289 Page 2 construction, which makes modifications to the California Building Code relating to swimming pools desirable to adequately protect small children from drowning hazards. The City also experiences periods of intense rainfall, which create the need for special drainage precautions. 2. Geological. The City is located in an area with expansive soils and areas subject to flood hazards including hillsides that are subject to mud flows and unstable soils. These conditions, combined with the geological characteristics of the area, which includes proximity to active earthquake fault zones, require that special foundation considerations and soils analysis requirements must be in place to provide a reasonable degree of structural integrity for buildings to prevent injury to building occupants, neighbors, and persons using public property. These factors require specific and greater protection than is afforded by California Building Code. 3. Topographical. The City has hillside and flat land developments that require special drainage precautions, as well as a system of roadways and highways that generate traffic noise. Structures would be subject to water damage without special requirements addressing site drainage. These local climatic, geologic, and topographic conditions make modifications and changes to the 2001 Edition of the California Building Code reasonably necessary to provide sufficient and effective protection of life, health and property. Specifically, these amendments are reflected in the Moorpark Municipal Code (`MMC ") sections summarized below: 1. MMC § 3601 establishes boundaries within the City for structures near hillside brush areas, so special fire resistive requirements may be required in order to reduce fire damage and fire spread during periods of high temperatures and low humidity. 2. MMC § 3602 requires special construction elements for structures near hillside brush areas to reduce the threat of fire damage and fire spread during periods of high temperatures and low humidity. 3. MMC §§ 1804.7.1 and Table 18 -I -C provide specific requirements to reduce expansive soil, shrink swell affects on structures constructed on grade in those areas of the City with these unique soils. 4. MMC §§ 1804.7.1 provides special criteria for storm water drainage on lots to mitigate the effects of runoff Ordinance No. 289 Page 3 associated with intense rainfall, for structures located in flat land developments as well as hillside areas. 5. MMC §§ 3602.1 modifies code language to provide fire retardant roofing in order to address periods of low humidity and high winds. 6. MMC §§ 15.08.050 and Table 23- II -I -1 reduces hold -down values and shear wall capacities for a greater margin of safety. SECTION 2. That Title 15 of the Moorpark Municipal Code is amended to read as follows; CHAPTER 15.04 ADMINISTRATIVE PROVISIONS 15.04.010 ADMINISTRATIVE CODE ADOPTED. Except as hereinafter provided, the Uniform Administrative Code 1997 Edition, published by the International Conference of Building Officials, is hereby adopted by reference as the Administrative Code of the City of Moorpark. A copy of the Uniform Administrative Code, 1997 Edition, shall be maintained in the Office of the City Clerk of the City of Moorpark and shall be made available for public inspection while this Code is in force. 15.04.020 PERMIT FEES. Section 304.2 of the Uniform Administrative Code is hereby amended to read: Section 304.2 PERMIT FEES. The fee for each permit shall be as set forth in the latest resolution of the City Council of the City of Moorpark relating to permit fees. The determination of value or valuation under any of the provisions of these Codes shall be made by the Building Official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air - conditioning, elevators, fire - extinguishing systems and any other permanent equipment. 15.04.030 PLAN REVIEW FEES. Section 304.3 of the Uniform Administrative Code is hereby amended to read: Section 304.3 PLAN REVIEW FEES. When a plan or other data is required to be submitted by Section 302.2, a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fee shall be as set forth in the Ordinance No. 289 Page 4 latest resolution of the City Council of the City of Moorpark relating to plan review fees. The plan review fees specified in this subsection are separate fees from the permit fees specified in Section 304.2 and are in addition to the permit fees. Where plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged at the same rate as charged upon submittal of plans and specifications. 15.04.040 LIABILITY. Section 202.9 of the Uniform Administrative Code is hereby amended to read: Section 202.9 LIABILITY. The Building Official, or his authorized representative charged with the enforcement of this Code and the technical codes, acting in good faith and without malice in the discharge of his duties, shall not thereby render himself personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his duties. Any suit brought against the Building Official, agent or employee because of such act or omission performed by him in the enforcement of any provision of such Codes or other pertinent laws or ordinances implemented through the enforcement of this Code or enforced by the code enforcement agency shall be defended by this jurisdiction until final termination of such proceedings, and any judgment resulting there from shall be assumed by this jurisdiction. The provisions of this section shall apply if the Building Official or his authorized representatives are employees of this jurisdiction and shall also apply if the Building Official or his authorized representatives are acting under contract as agents of the jurisdiction. Such Codes shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building, structure or building service equipment therein for any damages to persons or property caused by defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming any such liability by reason of the inspection authorized by this code or any permits or certificates issued under this code. 15.04.050 DISASTER RESPONSE: The City Manager may enter into mutual aid agreements for emergency Building and Safety Services for the purpose of assuring adequate and effective response in the event of earthquake or other unforeseen emergencies. Ordinance No. 289 Page 5 15.04.060 VIOLATIONS AND PENALTIES. (a) It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any land, building or structure, building service equipment, machine or equipment; or cause or permit the same to be done in violation of this Code or the Technical Codes. Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code or the Technical Codes is committed, continued, or permitted. (b) It shall be unlawful for any person to remove, deface, alter, or obstruct from view a posted notice of the Building Official or duly appointed representative when such notice constitutes a stop work order or a warning of substandard or hazardous conditions or prohibits or restricts the occupancy or use of a building, structure, or building service equipment regulated by this Code or the Technical Codes. (c) Every violation of this Code or the Technical Codes shall be deemed a misdemeanor. (d) Any person convicted of a misdemeanor shall be punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than six (6) months or by both such fine and imprisonment. CHAPTER 15.08 BUILDING CODE 15.08.010 BUILDING CODE ADOPTED. Except as hereinafter provided, the Uniform Building Code, 1997 Edition, Volumes 1, 2, & 3, including: (1) generic fire - resistive assemblies listed in the Fire Resistance Design Manual, Fourteenth Edition, dated April 1994, published by the Gypsum Association as referenced in Tables 7 -A, 7 -B and 7 -C; (2) Appendix Chapter 3, Divisions I, II; (3) Appendix Chapter 4, Division I; (4) Appendix Chapter 12 Division II; (5) Appendix Chapter 15 except Sections 1516.3( #2) and 1516.3( #3); (6) Appendix Chapters 29, 30 including ANSI /ASME A17.1, 1987 Safety Code for Elevators and Escalators, and to ANSI /ASME A 17.3 -1996, Safety Code for Existing Elevators an Escalators, published by the American Society of Mechanical Engineers; and (7) Appendix Chapter 31 Division III, and Chapter 33; (8) Structural Welding Code - Reinforcing Steel, AWS D1.4 -92 (UBC Standard 19 -1); (9) Load and Resistance Factor Design Specifications for Structural Steel Buildings, December 1, 1993 (Chapter 22, Division II); (10) Specification for Structural Steel Buildings Allowable Stress Design and Plastic Design, June Ordinance No. 289 Page 6 1, 1989 (Chapter 22, Division III); (11) Load and Resistance Factor Design Specification for Cold Formed Steel Structural Members, 1986 (with December, 1989 Addendum) (Chapter 22, Division VI) ; (12) Specification for Design of Cold - Formed Steel Structural Members, 1986 (Chapter 22, Division VII); (13) Standard Specification for Steel Joists, K- Series, LH- Series, DLH- Series and Joist Girders, 1994 (Chapter 22, Division IX) ; (14) Structural Applications of Steel Cables for Buildings, ASCE 17 -95 (Chapter 22, Division XI); and (15) National Design Specification for Wood Construction, Revised 1991 Edition (Chapter 22, Division III, Part I), are hereby adopted by reference as the Building Code of the City of Moorpark. A copy of the Uniform Building Code, 1997 Edition, Volumes 1, 2, & 3 shall be maintained in the office of the City Clerk in the City of Moorpark, and shall be made available for public inspection while this Code is in force. 15.08.020 ADMINISTRATIVE Administrative Provisions of Edition, contained in Volume 1 and 101.2 are hereby deleted. governing the Building Code, provision, shall be as set PROVISIONS DELETED. The :he Uniform Building Code, 1997 )f that Code except Sections 101.1 The Administrative provisions including violation and penalty forth in Chapter 15.04 of the Municipal Code of the City of Moorpark. 15.08.030 FOUNDATION DESIGN. Section 1804.7.1 is hereby added and TABLE 18 -I -C is hereby amended to read: Ordinance No. 289 Page 7 Table 18 -1 -C— Foundations for stud bearing walls— minimum requirements" 10,11,12 Foundation for slab and raised floor Concrete slabs Weighted s stems" "' All Restrictions Footin Stem Footing perimete Interior r footings Reinforcement 3 -1/2" minimum thickness Pre- moisteneing on expansion No. of g thickness lhicknes 8 for slab for continuous 4" with E. I. over 51 of soils under piers under index stories width' s footings' and raised Reinforceme floors' foundations °s nt ° Total footings, piers raised floors lhicknes and slabs" Depth below natural surface s of ground and finish grade of sand Inches 12 12 1-#4 94 @ 48' o /c.. Moistening of ground Piers allowed for 0 -20 1 6 12 6 18 18 Top and each way 2" prior to placing concrete single floor Very low 2 6 15 7 non 8 24 24 bottom or is recommended loads only 3% over optimum moisture required Piers allowed for expansive 3 10 18 12 6 15 12 1-#4 #3 @ 36' o /c.. 21 -50 1 6 to a depth of 18' below lowest 8 15 7 18 18 Top and each way 4" adjacent single floor Low 2 grade. Testing required. loads only 3 10 6 18 12 8 8 24 21 24 12 bottom 1-#4 top #3 r)3 24' o.c. 3% over optimum moisture required to a depth of 18" below lowest 51 -90 1 8 15 8 21 18 and bottom each way 4" adjacent Piers not #3 bars @ 24" o.c. each Medium 2 grade. Testing required. allowed 3 10 18 8 24 24 way I 12" into footing, 36" into slab t0 6 12 8 27 12 2-#4 #3 @ 24' o.c 3% over optimum moisture required to a depth of 18" below lowest 91 -130 1 8 15 8 27 18 Top & bottom each way 4" adjacent Piers not High 2 #3 bars @ 24" o.c. each grade. Testing required. allowed 3 10 18 8 27 24 way 12" into fooling, 36" into slab 10 Special design by a licensed Architect or Engineer required Above 130 very high 1 r C', •r a r Ordinance No. 289 Page 8 FOOTNOTES TO TABLE UBC 18 -I -C 1. Premoistening is required where specified in Table UBC 18 -I -C in order to achieve maximum and uniform expansion of the soil prior to construction and thus limit structural distress caused by uneven expansion and shrinkage. Other systems, which do not include pre- moistening, may be approved by the Building Official, when such alternatives are shown to provide equivalent safeguards against the adverse effects of expansive soil. 2. Underfloor access crawl holes shall be provided with curbs extending not less than six (6) inches above adjacent grade to prevent surface water from entering the foundation area. 3. Reinforcement for continuous foundations shall be placed not less than 3 inches above the bottom of the footing and not less than 3 inches below the top of the stem. 4. Slab reinforcement shall be placed at mid -depth and continue to within two inches of the exterior face of the exterior footing walls. S. Moisture content of soils shall be maintained until foundations and piers are poured and a vapor barrier is installed. Test shall be taken within 24 hours of each slab pour. 6. Crawl spaces under raised floors need not be premoistened except under interior footings. Interior footings which are not enclosed by a continuous perimeter foundation system or equivalent concrete or masonry moisture barrier complying with Section UBC 1806.3 in this ordinance shall be designed and constructed as specified for perimeter footings in Table UBC 18 -I -C. 7. A grade beam not less than 12" x 12" in cross - sectional area, reinforced as specified for continuous foundations in Table UBC 18 -I -C, shall be provided at garage door openings. 8. Foundation stem walls which exceed a height of three times the stem thickness above lowest adjacent grade shall be reinforced in accordance with Sections 18 and 19 in the UBC, or as required by engineering design, whichever is more restrictive. 9. Footing widths may be reduced upon submittal of calculations by a registered civil or structural engineer or licensed architect, but shall be a minimum of 12 inches for one and two -story structures and 15 inches for three -story structures. Ordinance No. 289 Page 9 10. Bent reinforcing bar between exterior footing and slab shall be omitted when floor is designed as an independent, "floating" slab. 11. Fireplace footings shall be reinforced with a horizontal grid located 3 inches above the bottom of the footing and consisting of not less than No. 4 bars at 12 inches on center each way. Vertical chimney reinforcing bars shall be hooked under the grid. 12. Underground utility conduits shall be installed prior to foundation inspection and shall extend beyond the foundation so that final connection will not undermine the finished foundation. Section 1804.7.1. When buildings are located on expansive soil having an expansion index greater than 50, gutters, downspouts, piping, and /or other non - erosive devices shall be provided to collect and conduct rain water to pervious areas such as yards, open channels, or vegetated areas. Routing rooftop runoff via yard drains to the roadway or the storm water conveyance system shall not be permitted. 15.08.040 PLYWOOD DESIGN. TABLE 23- II -I -1 is hereby amended to read: Ordinance No" 289 Page 10 Table 23- II -1 -1 Allowable shear for wind or seismic forces in pounds per square foot for wood structural panel shear walls with framing of Douglas fir -larch or Southern pine' Panels applied over 1/2 inch (13mm) or 518 inch (16mm) gypsum Panel grade Minimum Minimum nail Panels applied directly to framing sheathin nominal panel penetration Nailspacing at panel edges inches Nails acing at panel edges inches thickness in framing Nail size x 25.4 for mm Nail size x 25.4 for mm (inches) inches (Common or 6 4 1 3 2 (Common or 6 4 3 2' x 25.4 for mm qalvanized box x 0.0146 for N/mm galvanized box ) x 0.0146 for N /mm 5/16" 1 114" 6d 200 300 390° 510° 8d 200 300 J 3906 5108 Structural 1 3/8' 2304 3600 4604,1 610 4'6 7/16" 1 1/2* 8d 255 4 395 4.6 5054.6 670 4.8 10d' 280 430 8 550 8 730' 15/32" 280 4306 5506 730 8 15/32" 1 5/8" 10d 6 340' 510' 665 6 8706 — 5/16" 11/4" 6d 180 270 3508 4506 8d 180 270 1 3508 4506 C -D, C -C 3!8" 200 300 390 6 510 6 200 300 390 8 510 6 Sheathing, plywood 3/8" 220 ° 320 `.8 410 °'8 panel siding and other 7/16' 1 112" Bd 240' 3504.1 4504,1 585 4.8 10d 8 260 360 8 490 6 640' grades covered in U.B.C. 15/32" 260 3806 4908 6408 Standard 23 -2 or 23 -3 15/32" 1 5/8" 10d 5 310 6 460 6 600 6 7708 — 19/32' 340 6 5106 665 8 870' Nail size Nail size (galvanized (galvanized casing) casing) Plywood panel siding 6 in grades 5/16" 11/4" 6d 140 210 275 3608 8d 140 210 275 360 covered in U.B.C. e 6 Standard 23 -2 3/8" 1 1/2" Bd 160 240 310 6 410 6 10d 6 160 240 310 410 1. All panel edges backed with 2 -inch (51 mm) nominal or wider framing. Panels installed either horizontally or vertically. Space nails at 6 inches(152 mm) on center along intermediate framing members for 3/8 -inch (9.5mm) and7 /16 -inch (11 mm) panels installed on studs spaced 24 inches (610 mm) on center and 12 inches (305 mm) on center for other conditions and panel thickness'. These values are for short time loads due to wind or earthquake and must be reduced 25 percent for normal loading. Allowable shear values for nails in frarning members of other species set forth in Table 23- III -FF of Division III shall be calculated for all other grades by multiplying the shear capacities for nails in Structural 1 by the following factors: 0.82 for species with specific gravity greater than or equal to 0.42 but less than 0.49, and 0.65 for species with a specific gravity less than 0.42. 2 Where panels are applied on both faces of a wall and nail spacing is less than 6 inches (152 mm) on center on either side, panel joints shall be offset to fall on different framing members or framing shall be 3 inch (76 mm) nominal or wider and nails on each side shall be staggered. 3. Framing at adjoining panel edges shall be 3 inch (76 mm) nominal or wider and nails shall be staggered where nails are spaced 2 inches (51 mm) on center. 4. The values for 3/8 -inch (9.5 mm) and 7/16 -inch (11 mm) panels applied direct to framing may be increased to the values shown for 15/32 -inch (12 mm) panels, provided studs are spaced a maximum of 16 (406 mm) inches on center and panels are applied with long dimensions across studs. �. 5. Framing at adjoining panel edges shall be 3 inch (76 mm) nominal or wider and nails shall be staggered where tOd nails having penetration into framing of more than 1 5/8 inches (41 mm) are spaced 3 inches (76 mm) or less on center 6 For plywood shear walls rated at more than 300 pounds per foot, 3 inch (76 mm) nominal members shall be provided at all panel edges and boundaries The minimum edge distance for nailing at these members shall be 112-inch C;I7 The shear values listed in this table shall be reduced to 75 percent for short term seismic loading. Ordinance No. 289 Page 11 15.08.050 HOLD -DOWN CONNECTORS. Section 2315.5.6 is hereby added to read: Section 2315.5.6 Hold -down connectors. Hold -down connectors shall be designed to resist shear wall overturning moment using approved cyclic load values or 75 percent of the allowable earthquake load values that do not consider cyclic loading of the product. 15.08.060 HEIGHT TO LENGTH RATIO. Section 2513.4 is hereby added to read: Section 2513.4. The maximum allowable height to length ratio for the construction in this section shall be limited to one (1). 15.08.70 TABLE 25 -I of the Uniform Building Code is hereby amended to read: Ordinance No. 289 Page 12 TABLE 25 -1 - ALLOWABLE SHEAR FOR WIND OR SEISMIC FORCES IN POUNDS PER FOOT FOR VERTICAL DIAPHRAGMS OF LATH AND PLASTER OR GYPSUM BOARD FRAME WALL ASSEMBLIES f11 _ TYPE OF MATERIAL THICKNESS OF MATERIAL WALL CONSTRUCTION NAIL SPACING [2] MAXIMUM (In inches) SHEAR VALUE MINIMUM NAIL SIZE [3] [4] Seismic Win d [5] ]6] 1. Expanded metal, or woven wire lath and portland cement taster 7 7/8" Unblocked 6 90 180 No. 11 gage, 1 -1/2" long, 7/16" head, galvanized with a 1/4" nail furring pad required for woven wire. 3/8" lath and 1/2" plaster Unblocked 5 30 100 No. 13 gage, 1 -1/8" long, 19/64" head, plasterboard - point, galvanized 2. Gypsum lath 1/2 "x 2'x8' Unblocked 4 30 75 No. 11 gage, 1 -3/4" long, 17/16" head, diamond - point, galvanized 3. Gypsum wallboard or veneer base 1/2" x 4' 1/2" x 4' Blocked Unblocked 4 7 30 30 175 1/2" 5/8" Unblocked 7 30 60 5d cooler or wallboard 6d cooler or wallboard Base ply- 6d cooler or wallboard Face ply- 8d cooler or wallboard 4. Gypsum wallboard or veneerbase 4 30 125 Blocked 7 30 125 4 30 150 Unblocked 7 30 115 4 30 145 Blocked 7 30 145 4 30 175 Blocked Two ply Base ply: 9 Face ply: 7 30 250 1. These vertical diaphragms shall not be used to resist loads imposed by masonry or concrete construction. See Section 2513.2. Values are for short-term loading due to wind. Values must be reduced 25 percent for normal loading. 2. Applies to nailing at all studs, top and bottom plates and blocking. 3. Alternate nails may be used if their dimensions are not less than the specified dimensions. 4. For properties of cooler or wallboard nails, see 2340.1.2 5 This Construction shall only be used in the top level of a multi -level buildings. 6 This maximum height to length ratio for shear walls constructed of these materials shall not exceed one (1). 7 Self furring lath attached with staples may be permitted for non - structural application only. vas= Ordinance No. 289 Page 13 15.08.090 FIRE HAZARD ZONE REQUIREMENTS. Chapter 36 is hereby added to the Uniform Building Code to read: CHAPTER 36 FIRE HAZARD ZONE REQUIREMENTS Section 3601. HIGH FIRE HAZARD AREA DEFINED. For the purpose of this code, certain locations within the incorporated areas of the City of Moorpark shall be classified as High Fire Hazard by the Ventura County Fire Protection District. The High Fire Hazard Area is defined as any area within 500 feet of uncultivated brush, grass, or forest - covered land wherein an authorized representative of said district determines that a potential fire hazard exists due to the presence of such flammable growth. Section 3602. CONSTRUCTION REQUIREMENT IN HIGH FIRE HAZARD AREAS. The purpose of this Section is to provide a minimum standard for the fire protection of buildings and structures hereafter erected in proximity to areas of the City where concentrations of highly flammable brush, grass, or other combustible growth combined with periods of hot, dry winds create a high fire hazard and where lives and property may thereby be endangered. Buildings or structures hereafter erected, constructed or moved within or into designated high fire hazard areas shall be one of the Types of Construction as defined in this Code and shall meet the requirements of this Section. Although their installation is encouraged, neither manual nor automatic fire extinguishing systems or similar water spraying devices may be substituted for the fire protection set forth herein. 3602.1 ROOFS. specified in Section that no wooden shakes permitted. Roof coverings shall 1504 of the Uniform or shingles, treated be class A, or B as Building Code, except Dr untreated, shall be 3602.2 EXTERIOR WALLS. Fire - resistive protection of exterior walls and openings, as determined by location and property, shall be as required by Section 503 in the UBC. Exception: No exterior wall covering of a building shall provide less fire resistance than that afforded by; 7/8 -inch exterior cement plaster; 1 -inch nominal thickness solid wood siding; 1/2- inch textured plywood siding having a groove depth of 1/8 -inch or less; 7/16 -inch hardwood siding, 5/8 -inch particle board, exterior type 2 -M; or 5/8 -inch exterior plywood, Texture III, having a groove depth of 1/4 -inch or less. Fire - retardant Ordinance No. 289 Page 14 treated or untreated wood shingle or shake siding shall not be permitted. 3602.3 UNDERFLOOR AREAS. Where under floor areas are not enclosed by fire - resistive construction conforming to the requirements of Section 3601.2 above, the underside of the floor system shall be fire - protected as set forth in Section 3601.4. 3602.4 PROJECTIONS AND OTHER BUILDING ELEMENTS EXPOSED TO FIRE. Architectural projections such as roof overhangs and offsets, balconies and decks, and other elements of buildings which have combustible structural elements in the horizontal plane, shall be protected with materials approved for 1 -hour fire - resistive construction on the lower, fire - exposed side and shall have 1 -hour fire - resistive supporting columns unless the details of construction conform to those for heavy timber as described in Section 605.6 in the UBC. Exceptions: 1. Combustible structural members in horizontal projections may be unprotected timbers of size 4" x 6" or larger when used as rafters or as stair, balcony, or deck supports or for similar purposes. 2. Heavy timber roof decking at eaves and rakes may be unprotected provided a fascia of not less than 2 -inch nominal thickness and not less in depth than the cut end of the rafter is installed at the roof's edge. 3. Patios, carports, arbors and open latticework sunshades may be constructed of any materials allowed by this Code. 4. Balconies and decks 30 inches or more above grade may have flooring of not less than 2 -inch nominal thickness lumber or material of equivalent fire resistance. Such flooring may be spaced not more than 1/4 inch apart and need not be fire protected on the underside. S. Balconies and decks less than 30 inches above grade shall be solidly floored without gaps and shall be fire- protected on the underside as required by this Section. In lieu of fire protection, such balconies and decks may be enclosed from floor surface to grade in the manner prescribed for exterior walls in Section 3602.2. 6. Combustible exterior columns directly supporting roofs, stairs, balconies, and decks may be size 4" x 4" or larger. Ordinance No. 289 Page 15 Columns and beams supporting interior floor loads may be size 6" x 6" or larger. 3602.5 VENTILATION OPENINGS. Attic or foundation ventilation openings or louvers shall not be located at or immediately below eaves or rakes, offsets or balconies, or similar exterior overhangs which may be directly exposed to a fire in adjacent hazardous grass or brush areas. Section 3603. WAIVER OF REQUIREMENTS. The Building Official may waive the requirements of UBC Sec. 3601.1 through 3602.5 above, in whole or in part, for specific construction projects within the High Fire Hazard Area when such waiver is approved by an authorized representative of the Ventura County Fire Protection District, based upon site conditions which justify a reduction in fire resistance. 15.08.090 FOUNDATION INVESTIGATION. Section 1804.2 and 1804.7 are hereby amended to read: Section 1804.2 INVESTIGATION. The classification of soil shall be based on observation and necessary tests of the materials disclosed by borings or excavations made in appropriate locations. Additional studies may be required to evaluate soil strength, the effect of moisture variation on soil bearing capacity, compressibility, liquefaction and expansiveness. Whenever, in the opinion of the Building Official, the adequacy and stability of a building site cannot be determined by the test borings or excavations required by this Section, he may require a special geologic, hydrologic, seismic, or other investigation and report. Geologic investigations such as those for hillside stability or seismic hazards shall be conducted by California - certified Engineering Geologist. Section 1804.7 Drainage, provisions shall be made for the control and drainage of surface water around buildings. The Building Official may require that all storm and excess irrigation water be directed to an area suitable and in conformance with the National Pollution Elimination System regulations. 15.08.100 GRADING ENFORCEMENT BY CITY ENGINEER. The definition of Building Official contained in Section 203 of the Building Code is hereby amended to read: Section 203 BUILDING OFFICIAL. Is the officer or other designated authority charged with the administration and Ordinance No. 289 Page 16 enforcement of this Code, except authorized representative. The Appendix Chapter 33 shall be the 15.08.110 SWIMMING POOLS. Uniform Building Code to read: CHAPTER 37 SWIMMING POOLS Appendix Chapter 33, or his duly Authority designated to enforce City Engineer. CHAPTER 37 is hereby added to the Section 3701 DEFINITIONS. For the purpose of this Article certain terms are hereby defined as follows: "Pool" shall mean any body of water created by artificial means which is designed or used for swimming or immersion purposes by men, women, or children and which has a water depth exceeding twenty -four (24) inches. The term "pool" shall include swimming pools, spas, hot tubs and above and below ground vinyl - lined pools but does not apply to plumbing fixtures such as bathtubs; nor does it apply to man -made lakes, reservoirs, or farm ponds used primarily for public park purposes, water conservation, irrigation, or watering of livestock. Section 3702 POOL DESIGN AND CONSTRUCTION. 3702.1 GENERAL. Pool design and construction shall be in accordance with accepted engineering practice, shall be in conformity with applicable provisions of the adopted building, electrical, plumbing, and mechanical codes, and shall be structurally suitable for the soil, topographic, and geologic conditions prevailing at the construction site. 3702.2 EXPANSIVE SOIL DESIGN. Pools constructed at grade shall be designed on the assumption that their construction is to be in an area of moderately expansive soil having an expansion index of 51 -90 and an equivalent fluid pressure of not less than 45 pounds per cubic foot (45 p.c.f.). Exception: Where tests indicate that soils at a pool site are non - expansive or have low expansion characteristics from the ground surface to the full depth of the pool, structural design may be based on an equivalent fluid pressures not less than 30 p.c.f. In highly expansive soils having an expansion index of 91- 130, pools shall be designed for not less than 60 p.c.f. equivalent fluid pressure. In very highly expansive soils having an expansion index over 130, pool design shall be subject to special requirements based on a site investigation, soil testing, and engineering analysis by a registered civil engineer to determine appropriate design parameters for the site. Ordinance No. 289 Page 17 3702.3 HYDROSTATIC UPLIFT. In areas of anticipated high water table, an approved hydrostatic relief system or device shall be installed. 3702.4 THERMAL PROTECTION FOR PLASTIC PIPING. Between the inlet of pool water heating equipment and any plastic water piping connected thereto, a check valve shall be installed to prevent thermal damage to such piping due to backflow. Exception: When rapid or high -rate filters are employed, a check valve may be omitted. Between the outlet of pool heating equipment and any plastic water piping connected thereto, not less than five feet of approved metal pipe shall be installed for the purpose of dissipating heat. 3702.5 SAFEGUARDING SUCTION DRAINS. Bottom drains and suction intakes in pools and spas shall be covered with grated or other protective devices which cannot be removed except with tools. The slots or openings in these covers shall be of such area, shape, and arrangement as to prevent bathers from being drawn thereto with such force as to constitute a safety hazard. 3702.6 GRAB BARS. Wherever egress from a pool by bathers is restricted by the presence of a vertical wall or other barrier which extends more than 12 inches above the water at the pool's edge, permanent handrail, grab bars, or equivalent device(s) shall be installed within 12 inches of the water surface, capable of being securely grasped and adequate to support the weight of a user of the pool. Section. 3703 DECKS 3703.1 GENERAL. A deck shall be provided around below -grade swimming pools except when special engineering design is furnished which indicates that such deck is not necessary for the purpose of maintaining the structural integrity of the pool and /or for controlling surface water and moisture content in the soil adjacent to the pool. Decks shall not be required for spas and hot tubs. 3703.2 DECK DESIGN AND CONSTRUCTION. Required decks shall be constructed of concrete or other approved impervious material and shall be sloped to provide positive drainage away from the perimeter of the pool. Except as provided below, decks shall have a minimum width of four feet and shall be at least 3 -1/2 Ordinance No. 289 Page 18 inches in thickness. Reinforcement shall be #3 bars spaced not over 24 inches o.c. each way, or equivalent reinforcing. Approved joints shall be provided in the deck at corners, at maximum 10 -foot intervals, and wherever necessary in order to control cracking, to allow for differential movement and to minimize damage to the deck from such movement should it occur. Joints in decks and coping shall be made watertight with an approved permanent resilient sealant. 3703.3 CUTOFF WALLS. At the outer perimeter of pool decks, a cutoff wall of approved material shall be installed below -grade to a depth of at least 15 inches so as to form a permanent and effective vertical moisture barrier. Exceptions: 1. A cutoff wall may be omitted when a deck at least six feet wide is installed. 2. Decks less than four feet in width may be installed provided that the required cutoff wall is increased in depth beyond the minimum by an amount directly proportional to the reduction in deck width. 3703.4 PRE - SATURATION, HIGHLY EXPANSIVE SOILS. When the soil below a deck has an expansion index of 91 or greater it shall be saturated with water to a depth of at least 18 inches prior to installation of the deck. Section 3704. DRAINAGE AND DISPOSAL 3704.1 SURFACE WATER. Surface water from pool decks shall be collected and conducted through non - erosive devices to an area suitable and in conformance with the National Pollution Elimination System regulations. 3704.2 WASTEWATER. Pool waste shall be disposed of in accordance with the requirements of the Health Officer. 3704.3 DRYWELLS. Drywells shall not be employed for pool wastewater disposal except when specifically approved for the purpose and when it has been determined that such installation is not likely to have adverse effects on the structural stability of the pool or other structures on the site. The Building Official may require a percolation test, soils report, and /or geological report to make such a determination. `V� Ordinance No. 289 Page 19 Section. 3705. SPECIAL INSPECTION. Special inspection as required by Section 1701 in the UBC shall be provided for pneumatically placed concrete (gunite) in swimming pools. Section. 3706. FENCING AND GATES. Any person, firm, or corporation in possession of land either as owner in fee, purchaser under contract, lessee, tenant, licensee or any type of legal estate upon which is situated a pool as defined above shall at all times maintain on the lot or premises a fence or wall not less than five feet in height which completely surrounds such pool or body of water provided, however, that a dwelling or accessory building may be used as a part of such enclosure. Said fence shall be constructed of durable material and shall be designed to withstand a horizontal force of at least 20 pounds per lineal foot at the top of the fence or top of the railing. Openings, holes, or gaps therein shall be no larger than four (4) inches wide except for openings closed by doors or gates. Fences shall not have a configuration which provides a ladder -like access to the pool area. Each gate or door opening through a pool enclosure shall be equipped with a self- closing and self - latching device capable of keeping the gate or door securely closed at all times when not in use. Exceptions: 1. Doors in Group R, Division 1 and 3 occupancies which form part of a pool enclosure. 2. Gates used primarily for ingress and egress of equipment but not persons to the pool area, and which are kept padlocked when not in use. Required latching devices shall be installed not less than four feet above ground level and on the water side of the gate. The Building Official may make modifications and accept alternatives to the fencing requirements in individual cases upon a showing of good cause with respect to the height, nature or location of the fence, wall, gates, or latches, or the necessity therefore, provided that protection is not reduced thereby. CHAPTER 15.12 ELECTRICAL CODE 15.12.010 ELECTRICAL CODE ADOPTED, except as hereinafter provided, the National Electrical Code, 1999 Edition, published by the National Fire Protection Association is hereby adopted by Ordinance No. 289 Page 20 reference as the Electrical Code of the City of Moorpark. A copy of the National Electrical Code, 1999 Edition, shall be maintained in the office of the City Clerk of the City of Moorpark and shall be made available for public inspection while this Code is in force. 15.12.020 ADMINISTRATIVE PROVISIONS DELETED. The Administrative Provisions governing the Electrical Code, including violation and penalty provisions shall be as set forth in Chapter 15.04 of the Municipal Code of the City of Moorpark. CHAPTER 15.14 PLUMBING CODE 15.14.010 PLUMBING CODE ADOPTED. Except as hereinafter provided, the Uniform Plumbing Code, 2000 Edition, published by the International Association of Plumbing and Mechanical Officials, is hereby adopted by reference as the Plumbing Code of the City of Moorpark. A copy of the Uniform Plumbing Code 2000 Edition shall be maintained in the office of the City Clerk of the City of Moorpark and shall be made available for public inspection while this Code is in force. 15.14.020 ADMINISTRATIVE PROVISIONS DELETED. The Administrative provisions of the Uniform Plumbing Code, 2000 Edition, contained in Volume 1 of that Code except sections 101.1 and 101.2 are hereby deleted. The Administrative provisions governing the Plumbing Code, including violation and penalty provisions shall be as set forth in Chapter 15.04 of the Municipal Code of the City of Moorpark. 15.14.030 Section 202.0 DEFINITIONS, is hereby amended to read: Section 202.0. SEMI - PUBLIC. Semi - public shall be defined as a building, swimming pool or area serving more than one person but not available to the general public. 15.14.030 FLOOR DRAINS REQUIRED, is hereby added to the Uniform Plumbing Code to read: Section 411.1. In restrooms adjacent to semi - public swimming pools, a minimum of one (1) floor drain shall be provided in each restroom for each sex. Floor drains shall be connected to the public sewer in accordance with Section 305.1 of this Code. The traps serving these floor drains shall be installed in accordance with Sections 1006.0 and 1007.0 of this Code. Ordinance No. 289 Page 21 CHAPTER 15.16 MECHANICAL CODE 15.16.010 MECHANICAL CODE ADOPTED, except as hereinafter provided, The Uniform Mechanical Code, 2000 Edition, published by the International Association of Plumbing and Mechanical Officials, is hereby adopted by reference as the Mechanical Code of the City of Moorpark. A copy of the Uniform Mechanical Code, 2000 Edition, shall be maintained in the office of the City Clerk of the City of Moorpark and shall be made available for public inspection while this Code is in force. 15.16.020 ADMINISTRATIVE PROVISIONS DELETED. The Administrative provisions of the Uniform Mechanical Code, 2000 Edition, contained in Volume 1 except sections 101.1 and 101.2 are hereby deleted. The Administrative Provisions governing the Mechanical Code, including violation and penalty provisions, shall be as set forth in Chapter 15.04 of the Municipal Code of the City of Moorpark. CHAPTER 15.18 HOUSING CODE 15.18.010 HOUSING CODE. Except as hereinafter provided the Uniform Housing Code, 1997 Edition, published by the International Conference of Building Officials, is hereby adopted by reference as the Housing Code of the City of Moorpark. A copy of the Uniform Housing Code, 1997 Edition, shall be maintained in the office of the City Clerk of the City of Moorpark and shall be made available for public inspection while this Code is in force. 15.18.020 SUBSTANDARD BUILDINGS. Chapter 10 of the Uniform Housing Code is amended to read as set forth in Section 17920.3 of the Health and Safety Code of the State of California. A Copy of Section 17920.3 of the Health and Safety Code of the State of California shall be maintained in the office of the City Clerk of the City of Moorpark and shall be made available for public inspection while this Code is in force. CHAPTER 15.20 DANGEROUS BUILDINGS 15.20.010 DANGEROUS BUILDING CODE ADOPTED. Except as hereinafter provided, the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, is adopted as the Dangerous Buildings Code of the City of Moorpark. A copy of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, shall be maintained in the office of the City Clerk of the City of Moorpark and shall be made available for public inspection while this Code is in force. Ordinance No. 289 Page 22 SECTION 3. AMENDMENTS NECESSARY. Pursuant to Section 17958.5 of the Health and Safety Code of the State of California, the City Council of the City of Moorpark hereby finds that the amendments of the Uniform Building Code, 1997 Edition, Uniform Plumbing Code, 2000 Edition, Uniform Mechanical Code, 2000 Edition, and National Electrical Code, 1999 Edition, made by this Ordinance are reasonably necessary due to local climatic, geological, or topographical conditions. SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance and each and all provisions thereof, irrespective of the fact that any one or more of said provisions may be declared invalid. SECTION 5. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 6. CERTIFICATION. The City Clerk shall certify to the passage and adoption of this ordinance by not less than a four - fifths vote of the City Council; 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 in the manner prescribed by law. PASSED AND ADOPTED this day of , 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk