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HomeMy WebLinkAboutAG RPTS 2003 0604 CC REGResolution No. 2003 -2091 Ordinance No. 294 CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, JUNE 4, 2003 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. Introduce new City Employee, Shaun Kroes, Community Services Technician. 5. PUBLIC COMMENT: (AT THIS POINT IN THE MEETING, THE COUNCIL WILL CONVENE THE REGULAR REDEVELOPMENT AGENCY MEETING.) ------------------------------------------------------------------------------------------------- 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 June 4, 2003 Page 2 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 REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure Section 2.8, Items to be withdrawn from the Consent Calendar shall be identified at this time.). 7.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 Commercial Planned Development Permit No. 2002 -01 for Construction of Three Commercial Buildings on a 2.29 Acre Parcel Located Northeast of the Northeast Corner of New Los Angeles Avenue and Spring Road, on the Application of GreeneWay Development, Inc. Staff Recommendations: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt the proposed Negative Declaration as sufficient environmental documentation; and 3) Adopt Resolution No. 2003- approving Commercial Planned Development Permit No. 2002 -01. (Staff: Barry Hogan) B. Consider Final Review and Changes to the Engineer's Report for Landscaping and Lighting Maintenance Assessment Districts and Adoption of a Resolution Confirming the Assessments for Fiscal Year 2003/2004. Staff Recommendation: 1) Adopt Resolution 2003- ; 2) Direct staff that, for certain Zones/ Districts, the amount of the assessment to be levied upon the affected properties shall be a reduced amount as generally set forth in Section K of the agenda report; and 3) Direct staff to present to the City Council in November, 2003, a Resolution amending the Fiscal Year 2003/2004 Budget to fund certain Fund transfers necessary to eliminate actual FY 2002/2003 year -end Fund deficits for the Assessment District Funds. ROLL CALL VOTE REQUIRED (Staff: Kenneth Gilbert) C. Consider Resolution Approving the Final Assessment Engineer's Report for the Parks and Recreation Maintenance and Improvement Assessment District and Confirming the Levy Amount for Fiscal Year 2003/2004. Staff Recommendation: 1) Open the public hearing, receive testimony, and close the public hearing; 2) Approve the Engineer's Report; and 3) Adopt Resolution No. 2003- (Staff: Mary Lindley) Regular City Council Meeting Agenda June 4, 2003 Page 3 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Resolution to Change the Name of Los Angeles Avenue Between the Present East End of High Street and the Route 118 Freeway to High Street. Staff Recommendation: Adopt Resolution No. 2003- , changing the street name with said action to become effective on May 1, 2004. (Staff: Kenneth Gilbert) B. Consider the Proposals for Geographic Information System (GIS) to Provide Computer Based Mapping and Data. Staff Recommendation: Accept the proposal from Geographic Data and Management Solutions in the amount of $26,713.69 to develop a Geographic Information System for the City. (Staff: Cynthia Borchard) C. Consider Approving a Name Change for the Moorpark Senior Center to Moorpark Active Adult Center. Staff Recommendation: Approve the name change. (Staff: John Hartnett) D. Consider Community Development Fund Transfers. Staff Recommendation: Adopt Resolution No. 2003 - amending the FY 2002/03 Budget to appropriate fund transfers in the amount of $300,000 from the various identified Funds to the Community Development Fund. ROLL CALL VOTE REQUIRED (Staff: Cynthia Borchard) E. Consider Resolution of Intention to Amend the Contract between the Board of Administration of the California Public Employees' Retirement System (CalPERS) and the City of Moorpark and First Reading of an Ordinance Authorizing an Amendment to the Contract between the City and the Board of Administration of CalPERS. Staff Recommendation: 1) Adopt Resolution of Intention No. 2003- 2) Waive full reading and introduce Ordinance No. for first reading; and 3) Direct that second reading of Ordinance No. , authorizing the amendment to the contract, shall occur on July 2, 2003. (Staff: Deborah Traffenstedt) F. Consider Mission Statement, Priorities, Goals and Objectives for Fiscal Year 2003/2004. Consider the priorities, goals and objectives. (Staff: Steven Kueny) Regular City Council Meeting Agenda June 4, 2003 Page 4 9. PRESENTATION /ACTION /DISCUSSION: (Continued) G. Consider Revision to Rules of Procedure for Council Meetings to Change Regular City Council Meeting Start Time from 6:30 p.m. to 7:00 p.m. Staff Recommendation: Direct staff as deemed appropriate. (Staff: Deborah Traffenstedt) 10. CONSENT CALENDAR: A. Consider Approval of Minutes of Regular Meeting of April 2, 2003. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2002 -2003 - June 4, 2003. Manual Warrants 112730 - 112731 & $ 34,100.00 Voided Warrant 111853 & 112185 $ (846.00) 112957 Payroll Liability Warrants Regular Warrants 112877 - 112881 $ 2,552.49 112882 - 112952 & $ 21,006.94 112953 - 112979 $ 428,067.52 Staff Recommendation: Approve the warrant register. C. Consider Resolution Amending the Fiscal Year 2002/2003 Budget to Change the Funding Source for City Costs Related to the City /County Data Sharing Agreement for Hydrology and Related Data Required for the Management of the Calleguas Creek Watershed Staff Recommendation: Adopt Resolution No. 2003 - changing the funding source for the subject effort from the Community Development Fund to the General Fund Reserve. ROLL CALL VOTE REQUIRED (Staff: Kenneth Gilbert) D. Consider Award of Contract to Sunridge Landscape and Venco Western for Landscape Maintenance Services. Staff Recommendation: Award the contract for landscape maintenance services and authorize the City Manager to execute the agreements on behalf of the City. (Staff: Mary Lindley) Regular City Council Meeting Agenda June 4, 2003 Page 5 10. CONSENT CALENDAR: (Continued) E. Consider One -Year Extension of the City's Tree Maintenance Agreement with West Coast Arborist. Staff Recommendation: Authorize staff to extend the agreement through June 30, 2004, with existing service fees. (Staff: Mary Lindley) F. Consider Renewal of Agreement with Kelly Cleaning & Supply Company. Staff Recommendation: Approve the renewal of the agreement for janitorial services. (Staff: John Hartnett) G. Consider Contract Extension with Durham Transportation for Summer Beach Bus and County Fair Bus Programs. Staff Recommendation: Approve a one -year extension of Durham Transportation Agreement. (Staff: John Brand) H. Consider Adoption of a Resolution of Intent Directing the Planning Commission to Study, Hold a Public Hearing and Provide a Recommendation on a Zoning Ordinance Amendment to Amend Title 17 and to Delete Chapter 5.88 of the Moorpark Municipal Code Relating to Home Occupations. Staff Recommendation: Adopt Resolution 2003- (Staff: Barry Hogan) I. Consider Resolution Approving an Agreement by and Among the City of Moorpark, Moorpark Redevelopment Agency, and TR Partners, LLC, for the Agency's Purchase and Resale of One Dwelling Unit in Residential Planned Development (RPD) 99 -1, Tentative Tract (TT) 5181 to a Low Income Family at an Affordable Housing Cost. Staff Recommendation: 1) Approve Resolution No. 2003- ; and 2) Direct the City Manager, on behalf of the City, to execute Purchase and Sale Agreement, subject to final language approval by the City Manager and City Attorney. (Staff: Nancy Burns) J. Consider Final Map Approval for Tract Map No. 5181. Staff Recommendation: If the Affordable Housing Agreement for Tract No. 5181 is approved, authorize the Mayor and City Clerk to sign and the City Clerk to cause Tract Map 5181 to be recorded in the office of the Ventura County Recorder. (Staff: Walter Brown) Regular City Council Meeting Agenda June 4, 2003 Page 6 10. CONSENT CALENDAR: (Continued) K. Consider Request from Roam'n Relics Car Club to Hold Car Show on October 26, 2003 from 8 a.m. to 3 p.m. on High Street and Pay Reduced City Fees for the Event. Staff Recommendation: 1) Waive fee for use of Redevelopment Agency property, charge Club the contract billing rate for police charged by the County of Ventura, and charge Club the direct cost of other staff to plan the event; 2) Require Club to pay an encroachment permit fee ($100) and a temporary use permit fee ($88) ; and 3) Require Club to provide the City and Agency with an indemnification agreement and name the City and Agency as additional insureds in the Club's insurance policy. (Staff: Kim Chudoba) L. Consider an Early Grading Permit for Tentative Tract Map No. 5307 for the Approved 25 -Lot Single- Family Residential Subdivision Located at the Northwest Corner of Millard Street and Los Angeles Avenue, on the Application of Colmer Development Company. Staff Recommendation: Authorize the City Manager to sign an Early Grading Agreement subject to his final language approval. (Staff: Barry Hogan) 11. ORDINANCES: None. 12. CLOSED SESSION: A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) C. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) Agency Designated Representative: Steven Kueny Employee Organization: Service Employees International Union, AFL -CIO, CLC, Local 998 Regular City Council Meeting Agenda June 4, 2003 Page 7 12. CLOSED SESSION: (Continued) D. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) Agency Designated Representative: Steven Kueny Unrepresented employees: Accountant I, Administrative Services Director, Assistant City Manager, Assistant to City Manager /City Clerk, Budget and Finance Manager, Community Development Director, Community Services Director, Information Systems Manager, Planning Manager, Principal Planner, Public Works Director, Recreation Manager, and Senior Management Analyst. E. 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). I'T'EM 9. 40 T �r'.'.!0P RT'N1RX, r,%i,Tr.nRNTA A <� C'z >F�ncid'�bceting of av MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Barry K. Hogan, Community Development Director Prepared By: Paul Porter, Principal Planner DATE: May 21, 2003 (CC Meeting of 6/4/03) SUBJECT: Consider Commercial Planned Development Permit No. 2002- 01 for Construction of Three Commercial Buildings on a 2.29 Acre Parcel Located Northeast of the Northeast Corner of New Los Angeles Avenue and Spring Road, on the Application of GreeneWay Development, Inc.(Assessor Parcel No. 512 -0- 180 -09) BACKGROUND GreeneWay Development's Development Permit (CPD) No Commission on May 20, 2003. following issues: • Traffic application for Commercial Planned . 2002 -01 was considered by the Planning The Planning Commission discussed the • Proposed Courtyard Design • Architectural Details and Pedestrian Walkways On May 20, 2003, the Planning Commission adopted Resolution No. PC- 2003 -444 recommending to the City Council conditional approval of CPD No. 2002 -01. DISCUSSION The CPD application consists of three (3) single -story commercial buildings containing a total of 21,903 square feet, within an existing neighborhood retail center. The subject application is considered a commercial infill project to the existing commercial center, which contains a McDonalds restaurant, Blockbuster Video and Starbuck's Coffee store. There was no testimony from surrounding property owners at the Planning Commission hearing. S: \Community Development \DEV PMTS \C P D \2002 \01 GreeneWay \Agenda reports \cc 030504.doc OPIO00:1 Honorable City Council June 4, 2003 Page 2 A summary of the issues discussed at the Planning Commission hearing on May 20, 2003, and Planning Commissions recommendations on the issues are as follows: Traffic Future improvements designed for Spring Road by the Public Works Department include a raised median and two (2) southbound left turn lanes onto New Los Angeles Avenue. These street improvements will preclude traffic from making left turns into or out of the project site at its Spring Road driveway. The City Engineer has indicated that even prior to construction of the median improvements, left turns onto Spring Road from this site create a safety problem due to the volume of traffic and the proximity to the Spring Road /New Los Angeles Avenue intersection. In order to address this safety issue until the Spring Road improvements are installed, a condition is proposed to require the installation of a "No Left Turn" sign at the Spring Road driveway. The Planning Commission was also concerned with the increasing difficulty of making left turns into the project site from New Los Angeles Avenue. In anticipation of increasing traffic, a condition is proposed to require an irrevocable offer of dedication for access to the residential property located immediately east of the project site. The residential property has a driveway access to New Los Angeles very close to the joint property line. If opened for reciprocal access with the shopping center, access to New Los Angeles Avenue from the expanded shopping center and access to Spring Road from the apartments would both be improved. Acceptance of a shared driveway would depend upon approval by the apartment property owner. Proposed Courtyard Design One of the Planning Commissioners indicated a desire to have Building C redesigned as a U- shaped building with a landscaped courtyard in the middle of the building and facing the rear of the property. This proposed redesign was discussed at the Planning Commission hearing. The consensus of the Planning Commission was that although the landscaped courtyard has merit, for this project it would cause the pad area to be much larger and create potential internal circulation conflicts. The applicant indicated that in order to gain the necessary square footage with a redesign, the building would need to be two stories in height, which he felt could be difficult to lease. The applicant also noted that the proposed focal point for this development is between Building A and S: \Community Development \DEV PMTS \C P D \2002 \01 GreeneWay \Agenda reports \cc 030504.doc 0Of-)02 Honorable City Council June 4, 2003 Page 3 B with a centrally- located courtyard, grapevine trellis and fountain, creating a pedestrian friendly space. Architectural Details and Pedestrian Walkways The applicant's architect designed this infill project with the intent of being compatible with the existing commercial development. The building design integrates architectural components of the existing adjacent commercial buildings while providing a separate distinction with the use of additional architectural elements and color. The Planning Commission indicated a desire to provide pedestrian links between the existing and proposed buildings within the commercial center and requested additional architectural features on the building facades to provide more architectural detailing. The Planning Commission requested Commissioner DiCecco to meet with staff and the applicant's representatives to discuss additional minor refinements to the building elevations and to work with the staff and the applicant on locations for pedestrian links. On May 21, 2003, staff met with Commissioner DiCecco and the applicant and the applicant's representatives to discuss the plan refinements. The applicant's refinements, which are reflected in the attached exhibits provide pedestrian links and additional architectural details discussed at the May 20, 2003 meeting. In addition to the above items, the Public Works Director has informed staff of a desired modification to the existing driveway on New Los Angeles Avenue. In order to alleviate traffic issues at that driveway, the Public Works Director has requested that the existing apron -type driveway be reconstructed as an alley -type entrance. This improvement would include sidewalk removal and replacement in accordance with Title 24 California Administrative Code and Americans with Disabilities Act requirements. A Special Condition of Approval has been added to the draft resolution to require modification to the existing driveway. PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions of these regulations, the following timelines have been established for action on this project: S: \Community Development \DEV PMTS \C P D \2002 \01 Greeneway \Agenda reports \cc 030504.doc 0001003 Honorable City Council June 4, 2003 Page 4 Date Application Deemed Complete: March 7, 2003 Planning Commission Action Deadline: Not Applicable Adoption of Negative Declaration: September 3, 2003 City Council Action Deadline: November 2, 2003 ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation cannot be readily identified, an Environmental Impact Report (EIR) is prepared. Pursuant to California State law, an evaluation has been conducted to determine if the proposed project could significantly affect the environment, and based upon an Initial Study and analysis of available information, it was found that there is substantial evidence that the potential effects of the proposed project on the environment will not have a significant effect on the environment. Therefore, a Negative Declaration is intended to be adopted in compliance with the State of California Environmental Quality Act. STAFF RECOMN1ENDATIONS 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt the proposed Negative Declaration as sufficient environmental documentation. S: \Community Development \DEV PMTS \C P D \2002 \01 GreeneWay \Agenda reports \cc 030504.doc 0000 04 Honorable City Council June 4, 2003 Page 5 3. Adopt Resolution No. 2003- approving Commercial Planned Development Permit No. 2002 -01. ATTACHMENTS: 1. Draft City Council Resolution No. 2003- 2. Staff report and attachments for Planning Commission Hearing on May 20, 2003 (Draft PC Resolution and Environmental document not included). 3. Planning Commission Resolution No. PC- 2003 -444 (Exhibit A, Conditions of Approval not included). 4. Environmental Document 5. Project Exhibits A. Site Plan B. Conceptual Landscape Plan C. Building A Elevations D. Building B Elevations E. Building C Elevations S: \Community Development \DEV PMTS \C P D \2002 \01 Greeneway \Agenda reports \cc 030504.doc RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING COMMERCIAL PLANNED DEVELOPMENT PERMIT (CPD) NO. 2002 -01, ON A 2.29 ACRE PARCEL, LOCATED NORTHEAST OF THE NORTHEAST CORNER OF NEW LOS ANGELES AVENUE AND SPRING ROAD ON THE APPLICATION OF GREENEWAY DEVELOPMENT, INC. (ASSESSOR PARCEL NO. 512- 0 -180- 09) WHEREAS, at a duly noticed public hearing on May 20, 2003, the Planning Commission adopted Resolution No. 2003 -444, recommending to the City Council approval of Commercial Planned Development (CPD) Permit No. 2002 -01 for a 21,786 square foot commercial- retail — restaurant - service development project on approximately 2.29 gross acres, located northeast of the northeast corner of New Los Angeles Avenue and Spring Road on the application of GreeneWay Development, Inc., and WHEREAS, at its meeting of June 4, 2003, the City Council considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony and has reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: A. The City Council has received and considered the proposed Negative Declaration prepared pursuant to the California Environmental Quality Act on behalf of Commercial Planned Development Permit No. 2002 -01 together with any comments received during the public review process. B. Based on the whole record before the City Council, including the Initial Study and any comments received, there is no substantial evidence that the project will have a significant effect on the environment and the Negative Declaration reflects the independent judgment of the City Council of the City of Moorpark; therefore the Negative Declaration is adopted as prepared. SECTION 2. COMMERCIAL PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s) and S: \Community Development \DEV PMTS \C P D \2002 \01 GreeneWay \Resolutions \cc 030604.doc CC ATTACHMENT 1 Resolution No. 2003 - Page 2 accompanying studies, the City Council has determined that this application, with the attached Special and Standard Conditions of Approval, meets the requirements of the City of Moorpark, Municipal Code Section 17.44.030 in that: A. The proposed use is consistent with the intent and provisions of the city's General Plan, and Title 17 of the Municipal Code, as the proposed project meets or exceeds the Ordinance requirements for setbacks, parking, landscaping, and height, and meets or exceeds the existing General Plan and zoning designation requirements for the property. B. The proposed use is compatible with the character of the surrounding development since architectural elements of the existing buildings, as well as, colors and materials of the existing buildings have been integrated into the proposed project. C. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses as the proposed building colors and architecture is designed to blend in with the other existing commercial buildings and the proposed buildings are located in such a manner so as not to cause problems with the use of the adjacent residential property. D. The proposed use will not be detrimental to the public interest, health, safety, convenience or welfare as it has been conditioned to comply with all applicable local, state and federal governmental regulations. E. The proposed use is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structure(s) have design features which provide visual relief and separation between land uses of conflicting character, in that the design of the project combines the architecture, building materials and textures, landscaping and building colors of the existing adjacent buildings. SECTION 3. CITY COUNCIL APPROVAL: The City Council approves Commercial Planned Development Permit No. 2002 -01, subject to the special and standard Conditions of Approval included in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. U11".11 () C07 Resolution No. 2003 - Page 3 SECTION 4. 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 4th day of June, 2003. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Exhibit A - Special and Standard Conditions of Approval 0 -0008 Resolution No. 2003 - Page 4 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL SPECIAL CONDITIONS OF APPROVAL FOR COMMERCIAL PLANNED DEVELOPMENT (CPD) NO. 2002 -01 PLEASE CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS) 1. There shall be no vehicular or pedestrian access to building lease areas from the north elevation of Building 1 and 2, except to meet required exiting provisions of the Uniform Building Code. 2. The landscape plan shall incorporate extensive tree and other landscaping including specimen size trees subject to the review and approval of the Community Development Director. 3. Earthen berms, hedges and /or low walls shall be provided where needed, to the satisfaction of the Community Development Director, to screen public views of parked vehicles from adjacent streets. 4. The Applicant shall enhance the on -site landscaping to compensate for the loss of the three (3) pepper trees. The total cost of the enhancement shall be determined by the Community Development Director in compliance with Chapter 12.12. of the Moorpark Municipal Code. 5. Prior to issuance of a grading permit, the Applicant shall provide an Irrevocable Offer of Dedication to the City of an easement for the purpose of providing legal access to the adjacent property to the east, effective upon the adjacent property owner granting reciprocity. The City of Moorpark shall not assume any responsibility for the offered property or any improvements to the property until this action has been accepted by the City Council. If accepted by the City of Moorpark, this easement may be fully assignable to the property owner to the east of this property, as an easement appurtenant for access, ingress and egress purposes and all uses appurtenant thereto. The form of the Irrevocable Offer of Dedication and other required appurtenant documents required to satisfy the above requirements shall be to the satisfaction of the Community Development Director, City Engineer and the City Attorney. 010 0009 Resolution No. 2003 - Page 5 6. On -site sale of alcoholic beverages without prior approval of a City Council approved Conditional Use Permit is prohibited. Public notification will require notification to surrounding property owners within 1,000 feet of the subject property. 7. The hours of operation shall start no sooner than 6 a.m. and conclude no later than midnight. 8. The Applicant shall dedicate and improve the applicant's street frontage on Spring Road in accordance with the City's street widening plan for that location. 9. Prior the issuance of a Zoning Clearance for each tenant the Applicant shall provide the Community Development Director with a written acknowledgement that the lessee is aware of the possibility of a street name change for New Los Angeles Avenue in the future and waives all rights to oppose such a name change. 10. Prior to or concurrently with the issuance of a grading permit the Applicant shall provide the City with an agreement that will assure the City that the easement required as part of Condition No. 5 above shall be adequately maintained by property owners to safely convey storm water flows. Said agreement shall be submitted to the City Engineer and City Attorney for review and approval. The agreement shall be a durable agreement, binding upon any future property owner or each lot of the development. The agreement shall include provisions for the owners to maintain any private storm drain or National Pollutant Discharge Elimination System (NPDES). 11. Prior to the issuance of a Zoning Clearance for occupancy of the first building the Applicant shall install a "No Left Turn" sign at the Spring Road curb -cut to the satisfaction of the City Engineer. 12. Prior to the issuance of a building permit the Applicant shall revise the site plan to provide a loading area on the west side of Building C, consistent with the requirements of the Zoning Ordinance. 13. Prior to the issuance of a building shall pay the balance due the City improvements previously installed. 14. The existing wall along the northerly be increased in height to eight feet grade on the residential side, to the Community Development Director. permit the Applicant for the storm drain property line shall (8') above finished satisfaction of the 0 nl0 Resolution No. 2003 - Page 6 15. Modifications to the architectural features and internal pedestrian circulation shall be completed to the satisfaction of the Community Development Director. 16. The applicant shall remove the existing apron -type driveway that serves the project site from Los Angeles Avenue and shall replace it with an alley -type entrance. Improvements shall include sidewalk removal and replacement in accordance with Title 24 California Administrative Code and the Americans with Disabilities Act and shall be designed and constructed to the satisfaction of the City Engineer. These improvements shall be designed and bonded for prior to issuance of any building permit for this project. Construction of these improvements shall be completed prior to any certificate of occupancy for this project. STANDARD CONDITIONS OF APPROVAL FOR COMMERCIAL PLANNED DEVELOPMENT (CPD) NO. 2002 -01 PLEASE CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S) GENERAL REQUIREMENTS 1. This permit is granted for the land and project as identified on the entitlement application and as shown on the approved site plan and elevations on file in the Community Development Department. The location of all site improvements shall be as shown on the approved site plan and elevations except or unless otherwise indicated herein in the following conditions. Some uses may require additional discretionary approval. A Zoning Clearance from the Community Development Department shall be required of all uses in any building. Based upon potential impacts, the Community Development Department may determine that certain uses will require additional environmental documentation. 2. This development is subject to all applicable regulations of the City's Municipal Code, including Title 17, Zoning, and all requirements and enactment's of Federal, State, Ventura County, City authorities, and any other governmental entities, and all such requirements and enactment's shall, by reference, become conditions of this permit. 3. In the event that the uses for which Commercial Planned Development Permit No. 2002 -01 are approved, is determined to be abandoned, the City of Moorpark may, at its 000011L Resolution No. 2003 - Page 7 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 a business or businesses which would render the center unavailable 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. 4. Unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than two (2) years after this permit is granted, this permit shall automatically expire on (CITY COUNCIL APPROVAL DATE PLUS TWO YEARS). The Community Development Director may, at his /her discretion, grant one (1) additional one (1) year extension for project inauguration if there have been no changes in the adjacent areas, and if the Applicant can document that he /she has diligently worked towards inauguration of the project during the initial two (2) year period. The request for extension of this entitlement must be made in writing, at least thirty (30) days prior to the expiration date of the permit. 5. No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 6. If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. 7. The Applicant agrees as a condition of issuance and use of this permit to defend, at his /her sole expense, any action brought against the City because of issuance (or renewal) of this permit. The Applicant will reimburse the City for any court costs and /or attorney's fees which the City may be required by the court to pay as a result of any such action or in the alternative to relinquish this permit. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve Applicant of his /her obligation under this condition. 8. Prior to commencement of any use approved under this permit the issuance of a Certificate of Occupancy by the Building and Safety Division shall be required. A Certificate of Occupancy shall not be issued until all on -site 0 0,0E 1060 Resolution No. 2003 - Page 8 improvements specified in this permit have been completed, or Applicant has provided a faithful performance surety. At the discretion of the Community Development Director and the posting of surety by the Applicant, said on -site improvements shall be completed within one - hundred - twenty (120) days of issuance of the Certificate of Occupancy. Upon completion of the required improvements to the satisfaction of the Community Development Director, the surety may be exonerated. In case of failure to comply with any term or provision of this agreement, the Community Development Director shall declare the surety forfeited. 9. Loading and unloading operations shall not be conducted between the hours of 10:00 p.m. and 6:00 a.m. unless approved by the City Council. 10. Prior to occupancy, those proposed uses which require review and approval for compliance with all applicable State and local regulations related to storage, handling, and disposal of potentially hazardous materials, shall obtain the necessary permits from Ventura County Environmental Health Division and provide proof of said permits to the Building and Safety Department. If required by the County Environmental Health Division, the Applicant shall prepare a hazardous waste minimization plan. 11. No later than ten (10) days after any change of property ownership or change of lessee(s) or operator(s) of the subject building, there shall be filed with the Community Development Director the name(s) and address(es) of the new owner(s), lessee(s) or operator(s) together with a letter from any such person(s) acknowledging and agreeing with all conditions of this permit. 12. If in the future, any use or uses are contemplated on the site differing from that specified in the Zoning Clearance approved for the occupancy, either the Applicant, owner, or each prospective tenant shall file a project description prior to the initiation of the use. A review by the Community Development Director will be conducted to determine if the proposed use is compatible with the surrounding area and the terms and conditions of this permit, and if a Minor or Major Modification to the Planned Development Permit is required. A new Zoning Clearance shall be required. All applicable fees and procedures shall apply for said review. 13. No repair operations or maintenance of trucks or any other vehicle shall occur on site. 000613 Resolution No. 2003 - Page 9 14. The Applicant's acceptance of this permit and /or commencement of construction and /or operations under this permit shall be deemed to be acceptance of all conditions of this permit. 15. The Applicant agrees not to protest the formation of an underground Utility Assessment District. 16. The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The Applicant shall be required to remedy any defects in ground or building maintenance, as indicated by the City within five (5) days after notification. 17. No noxious odors shall be generated from any use on the subject site. 18. All uses and activities shall be conducted inside the building(s) unless otherwise authorized by the Community Development Director and consistent with applicable City Code provisions. 19. The Applicant and his /her successors, heirs, and assigns shall remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Community Development Director. 20. The Community Development Director may declare a development project that is not in compliance with the Conditions of Approval or for some other just cause, a "public nuisance." The Applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. If the Applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.080). 21. The Applicant shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees prior to Community Development Department or City Engineer's Office initiation of work on Condition Compliance. The Applicant shall be required to pay a Condition Compliance deposit pursuant to the requirements of the latest adopted Resolution Establishing Schedule of Land Development Preliminary Processing Fee Deposits and shall be required to pay all outstanding condition ®00G14 Resolution No. 2003 - Page 10 compliance costs prior to issuance of a Zoning Clearance for building permit. 22. Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City of Moorpark. 23. All contractors doing work in Moorpark shall obtain a valid Business Registration Permit. Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City of Moorpark. 24. Prior to occupancy, Ventura County, Air Pollution Control District (APCD) shall review all applicable uses to ensure compliance with the California Health and Safety Code (Section 65850.5 et seq.) regarding the use, storage and disposition of hazardous materials. Final Certificate of Occupancy shall be withheld until compliance with these provisions from the Ventura County, Air Pollution Control District is provided. 25. Prior to Occupancy of any of the buildings, the Applicant shall request that the City Council approve a resolution to enforce Vehicle Codes on the subject property as permitted by the California Vehicle Code. 26. Prior to occupancy, the subdivider, shall will pay a fee to the City Clerk's Department to scan building permit file, landscape, public improvement, site plans and other plans as determined necessary by the Community Development Director into the City's electronic imaging system. BUILDING AND SITE PLAN REQUIREMENTS 27. Prior to issuance of a building permit for construction, a Zoning Clearance shall be obtained from the Community Development Department. 28. All final construction working drawings, grading and drainage plans, site plans, building colors and materials, sign programs, and landscaping and irrigation plans (three full sets) shall be submitted to the Community Development Director for review and approval. 29. Prior to initial occupancy or any subsequent change of tenant occupancy, the owner of the subject building, or the owner's representative shall apply for a Zoning Clearance from the Community Development Department. The purpose of the Zoning Clearance shall be to determine if the proposed 003025 Resolution No. 2003 - Page 11 use (s) is /are compatible with the zoning and terms and conditions of the Commercial Planned Development Permit. 30. If any architectural or historical finds are uncovered during excavation operations, all grading or excavation shall cease in the immediate area, and the find left untouched. The Applicant shall assure the preservation of the site; shall obtain the services of a qualified paleontologist or archaeologist, whichever is appropriate to recommend disposition of the site; and shall obtain the Community Development Director's written concurrence of the recommended disposition before resuming development. The Applicant shall be liable for the costs associated with the professional investigation and disposition of the site. 31. A utility room with common access to house all meters and the roof access ladder shall be provided, unless otherwise waived by the Community Development Director. No exterior access ladder of any kind shall be permitted. 32. All existing and proposed utility lines, with the exception of 66 KVA or larger power lines, within and immediately adjacent to the project site shall be placed underground to the nearest off -site utility pole. Undergrounding includes all above ground power poles and other utilities on the project site, as well as, those along the street frontage. Should there be any above grade utility fixtures they shall be placed adjacent to or within landscaped areas and screened on three sides. 33. Prior to issuance of a building permit, the Applicant shall pay the following fees in the amounts stated or as may be in effect at the time of the issuance of building permits: a. Current and Future Park System Contribution Fee, in the amount of $0.50 per gross square foot of building floor area. b. The Applicant shall create a public art project on or off -site in lieu of paying the Art in Public Places contribution subject to approval of the City Council. The Moorpark's Art in Public Places contribution is $0.10 per each square foot of building area. The art work must have a value corresponding to or greater than the fee. C. A Moorpark Traffic Systems Management (TSM) Fee, the Applicant shall pay the City the required TSM Fee of $72,758.40 ($3.34 per square foot of gross building 0 () 0016 Resolution No. 2003 - Page 12 area), or that in effect at the time of building permit issuance. d. A Citywide Traffic Mitigation Fee, in the amount of $43,693.20 ($19,080 per acre) to fund public street and traffic improvements directly or indirectly affected by the development. Commencing January 1, 2004, 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. e. A Tree and Landscape Fee of $0.05 per square foot of gross building areas. 34. The Building Plans shall be in substantial conformance to the plans approved under this permit and shall specifically reflect the following: a. Transformer and cross connection water control devices shall be shown on the site plan and landscaping and irrigation plan and screened from street view with masonry wall and /or landscaping as determined by the Community Development Director. b. Fences and walls. C. Bicycle racks or storage facilities, in quantities as required by the Community Development Director. d. Required loading areas and a 45 -foot turning radii shall be provided for loading zones consistent with the AASHO WB -50 design vehicle. 35. Prior to the issuance of a Zoning Clearance for the first business, a Master Sign Program for the entire project site shall be submitted to the Community Development Director for review and approval. The Master Sign Program shall be designed to provide for a comprehensive on -site sign arrangement and design consistent with the shopping center architecture. Resolution No. 2003 - Page 13 36. For all flat roofed portions of buildings a minimum 18 -inch parapet wall above the highest point of the flat roof shall be utilized on all sides. 37. Skylights are prohibited unless approved through the planned development permit process or as a Modification to the Commercial Planned Development Permit. 38. For all exterior lighting, a lighting plan prepared by an electrical engineer registered in the State of California, shall be prepared in conformance with Chapter 17.30 of the Moorpark Municipal Code. Prior to or concurrently with the submittal of the landscape and irrigation plan, a lighting plan shall be submitted, with the required deposit, to the Community Development Department for review and approval. 39. Property line walls shall be located no further than one inch (1 ") from the property line. 40. Exterior downspouts shall not be permitted. 41. Ground - mounted equipment is preferred. Roof - mounted equipment that cannot be ground- mounted may be approved by the Community Development Director. In no event shall roof - mounted equipment (vents, stacks, blowers, air conditioning equipment, etc.) be allowed unless architecturally screened on all four sides by view obscuring material(s). All screening shall be shall be maintained for the life of the permit. 42. Any outdoor ground level equipment and storage (such as loading docks, cooling towers, generators, etc.) shall be architecturally screened from view by a masonry wall, the design of which shall be approved by the Community Development Director. 43. Final exterior building materials and paint colors shall be consistent with the approved plans under this permit. Any changes to the building materials and paint colors are subject to the review and approval of the Community Development Director. 44. Roof - mounted equipment and other noise generation sources on -site shall be attenuated to 45 decibels (dBA) or to the ambient noise level at the property line measured at the time of the occupancy. Prior to the issuance of a Zoning Clearance for initial occupancy or any subsequent occupancy, the Community Development Director may request that a noise study be submitted for review and approval which demonstrates that all on -site noise generation 00 -Ocis Resolution No. 2003 - Page 14 sources are mitigated to the required level. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. 45. Parking areas shall be developed in accordance with the requirements of Chapter 17.32 of the Moorpark Municipal Code. The parking area shall include adequate provisions for drainage, striping and raised concrete curbs in lieu of wheel stops, or posts in parking areas adjacent to landscaped areas. All parking and loading areas shall be maintained at all times to insure safe access and use by employees, public agencies and service vehicles. Parking space and loading bay striping shall be maintained so that it remains clearly visible for the life of the development. A Zoning Clearance shall be required for any restriping of the parking area. 46. Trash disposal and recycling areas shall be provided in a location which will not interfere with circulation, parking or access to the building. The final design and location of the trash enclosures shall be subject to review and approval of the Community Development Director prior to the issuance of a building permit. Trash areas and recycling bins shall be depicted on the final construction plans, the size of which shall be approved by the Community Development Director and the City's Solid Waste Management staff. All trash disposal and recycling areas shall be designed in accordance with City standards and shall meet the requirements of the National Pollutant Discharge Elimination System (NPDES). a. Prior to issuance of an Occupancy Permit, a Waste Reduction and Recycling Plan shall be submitted to the City's Solid Waste Management staff and the Community Development Department for review and approval. The plan shall include a designated building manager, who is responsible for initiating on -site waste materials recycling programs. This shall include the acquiring storage bins for the separation of recyclable materials and coordination and maintenance of a curbside pickup schedule. b. The building manager or designee will conduct a routine on -site waste management education program to alert employees to any new developments or requirements for solid waste management. This measure shall be coordinated through the City's Solid Waste Management staff. Resolution No. 2003 - Page 15 LANDSCAPING AND IRRIGATION 47. The final landscape and irrigation plans shall be in substantial conformance with the conceptual landscape plan approved as part of this permit. The Applicant shall bear the cost of the landscape and irrigation plan review, installation of the landscaping and irrigation system, and of final landscape and irrigation inspection. The submitted plans shall be accompanied by a deposit to cover the cost of plan check and inspection as specified by the City of Moorpark. The landscape and irrigation plans shall be reviewed and approved by the Community Development Director. Prior to recordation of the map or building occupancy as determined by the Community Development Director, final inspection shall be completed. The City's landscape architect shall certify in writing that the landscape and irrigation system was installed in accordance with the approved landscape and irrigation plans. 48. Prior to issuance of a building permit, three (3) complete sets of the landscape plans, specifications and a maintenance program, prepared by a State Licensed Landscape Architect, shall be submitted. The plans shall be in accordance with the Ventura County Guide for Landscape Plans or City Guidelines in effect at the time of landscape plan submittal. The landscape plans shall be shown on the City approved grading plan. 49. All manufactured slopes over three feet (3') in height shall be planted for erosion control, to minimize or prevent aesthetic impacts to adjacent property owners, and to mitigate the visual impacts. 50. The Applicant shall provide for additional enhanced landscaping equal to or greater than the cost of any trees to be removed as determined by the Community Development Director. Additional trees, which form a canopy, shall be provided to shade parking, driveway areas and other areas as determined by the Community Development Director. 51. The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths, as well as transformer boxes and other utilities within the project limits and street rights -of -way. 52. Plant species utilized for landscaping shall predominantly consist of drought tolerant, low water using species. 00020 Resolution No. 2003 - Page 16 53. Landscaping at site entrances and exits and any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. 54. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by 6 -inch high concrete curbs. 55. Landscaping shall be designed not to obscure the view of any exterior door or window from the street. 56. Trees shall not be placed directly under any overhead lighting, which could cause a loss of light at ground level. 57. Backflow preventers, transformers, or other exposed above ground utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. 58. A fifty percent (500) canopy coverage shall be provided within all open parking areas. Shade coverage is described as the maximum mid -day shaded area defined by a selected specimen tree at fifty percent (50o) maturity. 59. A sufficiently dense tree - planting plan emphasizing tall growing trees and /or shrubs shall be designed. Fifty percent (500) of all trees shall be a minimum of 24 -inch box size in order to provide screening in a three (3) to five (5) year time period. All other trees shall be a minimum 15- gallon in size. Recommendations regarding planting incorporated into the environmental document shall be incorporated into the screening plan as determined necessary by the Community Development Director. 60. Automatic controlled irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan. The Applicant shall be responsible for maintaining the irrigation system and all landscaping. The Applicant shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the development. 61. All perimeter and /or garden walls shall be constructed prior to installation of any sidewalks or concrete slabs. 62. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatments) shall be submitted with the final construction plans. 00OC21 Resolution No. 2003 - Page 17 63. Prior to final landscape inspection, the areas to be landscaped, as shown on the landscape and irrigation plans, shall be landscaped and irrigation system installed. The City's landscape architect shall certify in writing that the landscaping and irrigation system were installed in accordance with the approved landscape and irrigation plans. 64. Any conflicts between light standard locations and tree locations in the parking lot shall be resolved to the satisfaction of the Community Development Director. 65. Landscaped planters, decorative landscape pots and other hardscape enhancements shall be installed in front and at sides of the buildings subject to the satisfaction of the Community Development Director. In addition, planters or planter boxes shall be placed at the ends of the fuel dispensers. 66. The Applicant shall be responsible for executing an agreement with Caltrans for installation and maintenance of any required landscaping and irrigation within the Caltrans right -of -way along New Los Angeles Avenue. 67. Prior to issuance of a Zoning Clearance for building permit, the Applicant shall provide an irrevocable offer of an easement to the City to enable the City to maintain all parkway landscaping of the site adjacent to streets (hereinafter "Parkway Landscaping "). 68. The Applicant shall be responsible for maintenance of the Parkway Landscaping. If the City, at its sole discretion, determines that the maintenance of the Parkway Landscaping is unsatisfactory, the City may invoke the aforementioned offer of dedication and assume responsibility for such maintenance at the Applicant's expense. The total City cost for such maintenance shall be borne by the Applicant through the City levy of an annual landscape maintenance assessment. 69. A Landscape Maintenance Assessment District or other maintenance mechanism acceptable to the City Attorney and the Public Works Director shall be formed in order to provide a funding source for City costs for the maintenance of the Parkway and median landscaping, in the event the City opts to assume those responsibilities. In order to effect the formation the District, the Applicant shall: a. Thirty (30) days prior to the recordation of any Map or the issuance of any Zoning Clearance for the 0 0122 Resolution No. 2003 - Page 18 project, submit to the City a signed Petition and Waiver requesting the formation of the District; and b. Thirty (30) days prior to the submittal of the signed Petition /Waiver, submit to the City the completed and City approved landscaping and irrigation plans for the Parkway Landscaping; and C. One hundred twenty (120) days prior to the planned recordation of any Map or' the planned issuance of any Zoning Clearance, submit to the City: i. A check in the amount of $5,000 as an advance toward City assessment Engineering Costs related to the formation of the District. [Note: The Applicant shall be required to pay any additional amount required to fully cover all City costs for the formation of the District]. ii. The final draft plans for the irrigation and landscaping for the Parkway Landscaping, along with any required plan checking fees; and iii. It shall be the intent of the City to approve the required assessment each year, but to levy only. that portion of the assessment necessary to recover any past City costs or any anticipated City costs for the following fiscal year. In the event the City is not required to take over the maintenance of the Parkway Landscaping, the amount of the annual assessment actually levied upon the property would be minor, possibly zero. The City shall administer the annual renewal of the District. Any costs related to the administration of the District shall be charged to the fund established for District assessments and costs. 70. Tree pruning which consists of excessive tree trimming to limit the height and /or width of tree canopy and results in a reduction in required shade coverage for parking lot area is prohibited and will be considered a violation of the project approval, and subject to code enforcement. 71. Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides, which can contribute to urban runoff pollution. Parking and associated drive areas with five (5) or more spaces shall 009023 Resolution No. 2003 - Page 19 be designed to minimize degradation of storm water quality. Best Management Practices (BMPs) landscaped areas for infiltration and biological remediation or approved equals, shall be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design shall be submitted to the City Engineer for review and approval prior to the issuance of a building permit. PLEASE CONTACT THE ENGINEERING DIVISION FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS) GENERAL: 72. The project shall control and manage storm runoff to prevent any potential impacts downstream which might arise from the effect of the development. 73. The Applicant shall post sufficient surety guaranteeing completion of all on and off -site civil and landscaping site improvements within the development and offsite improvements required by the conditions as described herein (i.e. grading, street improvements, storm drain improvements, landscaping, fencing, bridges, etc.) or which require removal (i.e., access improvements, landscaping, fencing, bridges, etc.) in a form acceptable to the City. Onsite lighting facilities need not be bonded. 74. The Applicant shall indicate in writing to the City the disposition of any wells that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per Division of Oil and Gas requirements. Permits for any well reuse (if applicable) shall conform to Reuse Permit procedures administered by the County Water Resources Development Department. 75. Prior to any work being conducted within any State, County, or City right of way, the Applicant shall obtain all necessary encroachment permits from the appropriate Agencies. Copies of these approved permits shall be provided to the City Engineer. 76. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Construction Observer shall be notified 0 0024 Resolution No. 2003 - Page 20 immediately. Work shall not proceed until clearance has been issued by all of these agencies. 77. The Applicant shall utilize all prudent and reasonable measures (including installation of a 6 -foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. GRADING: 78. The Applicant shall submit grading, paving, drainage and improvement plans prepared by a California Registered Civil Engineer to the City Engineer for review and shall gain the City Engineer's approval of said plans prior to issuance of any permit for the project. The Applicant shall enter into an agreement with the City of Moorpark to complete all grading, drainage and off -site improvements and shall post sufficient surety guaranteeing completion of all improvements except onsite lighting. 79. Requests for grading permits shall be granted in accordance with the approved CPD, as required by these conditions and all local ordinances. a. If importation or exportation of soil is required as part of the grading plan the Applicant shall obtain a Haul Route permit from the City Engineer before any importation or exportation occurs. 80. All development areas shall be designed and graded so that surface drainage is directed to acceptable locations or natural or improved drainage courses as approved by the City Engineer. Altered drainage methods and patterns onto adjacent properties shall not be allowed without mitigation. 81. ROC, NOx and dust during construction grading shall be suppressed by the following activities: a. The fuel injection of all diesel engines used in construction equipment shall be retarded two degrees from the manufacturer's recommendation. b. All diesel engines used in construction equipment shall use high - pressure injectors. C. All diesel engines used in construction equipment shall use reformulated diesel fuel. 0 CC =5 Resolution No. 2003 - Page 21 d. Construction grading shall be discontinued on days forecasted for first stage ozone alerts (concentration of 0.20 ppm) as indicated at the Ventura County APCD air quality monitoring station closest to the City of Moorpark. Grading and excavation operations shall not resume until the first stage smog alert expires. e. All clearing and grading activities shall cease during periods of high winds (i.e., greater than 15 miles per hour averaged over one hour) to prevent excessive amounts of fugitive dust. f. All material transported off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. g. All active portions of the site shall be either periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. h. Facilities shall be constructed and operated in accordance with the Rules and Regulations of the Ventura County Air Pollution Control District. i. Large scale construction vehicles and trucks exiting the project site during the mass grading period shall be required to have tire wash -downs to minimize the dispersion of dust onto local streets. 82. Grading may occur during the rainy season from October 1st to April 15th subject to approval by the City Engineer and timely installation of erosion control facilities. With the exception of work to effectuate Best Management Practices for erosion control, no construction of any description shall occur during said rainy season unless a revised Storm Water Pollution Prevention Plan that reflects the construction status of the site has been approved by the City Engineer. Erosion control measures shall be in place and functional between October 1st and April 15th. During each year that the project is under construction, revised Storm Water Pollution Prevention Plans shall be submitted to the City Engineer for review and shall gain the City Engineer's approval no later than September lst of each year from the start of grading or clearing operations to the time of grading bond release. 83. During site preparation and construction, the contractor shall minimize disturbance of natural groundcover on the project site until such activity is required for grading OCOC26 Resolution No. 2003 - Page 22 and construction purposes. During grading operations, the Applicant shall employ a full -time superintendent, whose responsibilities will include, without limitation, NPDES compliance. Upon City Engineer's determination that the NPDES compliance effort is unsatisfactory, the Applicant shall designate an NPDES superintendent who shall have no other duties than NPDES compliance. The superintendent responsible for NPDES compliance shall: a. Have full authority and responsibility to attain NPDES compliance. b. Have full authority to hire personnel, bind the Applicant in contracts, rent equipment and purchase materials to the extent needed to effectuate BMPs. C. Provide proof to the City Engineer and satisfactory completion of courses, satisfactory to the City Engineer, totaling no less than eight (8) hours directed specifically to NPDES compliance and effective use of BMPs. d. Be present, on the project site Monday through Friday and on all other days when the probability of rain is forty percent (400) or higher and prior to the start of and during all grading or clearing operations until the release of grading bonds. 84. During clearing, grading, earth moving or excavation operations the Applicant shall maintain regular watering operations to control dust. Additionally, the following measures shall apply: a. Water all site access roads and material excavated or graded on or off -site to prevent excessive amounts of dust. Watering shall occur a minimum of at least two times daily, preferably in the late morning and after the completion of work for the day. Additional watering for dust control shall occur as directed by the City. The grading plan shall indicate the number of water trucks that shall be available for dust control at each phase of grading. b. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (greater than 15 mph averaged over one hour). The contractor shall maintain contact with the Air Pollution Control District (APCD) meteorologist for current information about average wind speeds. 000027 Resolution No. 2003 - Page 23 c. Water or securely cover all material transported off - site and on -site to prevent excessive amounts of dust. d. Keep all grading and construction equipment on or near the site, until these activities are completed. e. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive dust generation. f. Wash off heavy -duty construction vehicles before they leave the site. 85. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions shall be controlled using the following procedures: a. When directed by the City Engineer, the Applicant shall take all measures necessary to control wind erosion and its contribution to local particulate levels. b. Periodically, or as directed by the City Engineer, sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.), which may have accumulated from construction activities. 86. During smog season (May- October) the City shall order that construction cease during Stage III alerts to minimize the number of vehicles and equipment operating, lower ozone levels and protect equipment operators from excessive smog levels. The City, at its discretion, may also limit construction during Stage II alerts. 87. Temporary erosion control measures shall be used during the construction process to minimize water quality effects. Specific measures to be applied shall be identified in the project Storm Water Pollution Prevention Plan. The following water quality assurance techniques shall be included, but not limited to the following, as required by Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002: a. Minimize removal of existing vegetation. b. Protect exposed soil from wind and rain. C. Incorporate silt fencing, berms, and dikes to protect storm drain inlets and drainage courses. 0 00128 Resolution No. 2003 - Page 24 d. Rough grade contours to reduce flow concentrations and velocities to the extent possible. e. Divert runoff from graded areas, using straw bale, earth, and sandbag dikes. f. Phase the grading to minimize soil exposure during the October through April rainy season. g. Install sediment traps or basins. h. Maintain and monitor erosion /sediment controls. 88. To minimize the water quality effects of permanent erosion sources, the following design features shall be incorporated into the project - grading plan to the satisfaction of the City Engineer. The features shall comply with Best Management Practices features including, but not limited to the following: a. Drainage swales, subsurface drains, slope drains, storm drain inlet /outlet protection, and sediment traps. b. Check dams to reduce flow velocities. C. Temporary and permanent vegetation, including grass - lined swales. d. Design of drainage courses and storm drain outlets to reduce scour. e. Stabilized construction entrances. f. Training in Best Management Practices for every supervisor on the project, including all contractors and their subcontractors. 89. The Applicant shall prepare a Storm Water Pollution Prevention Plan to address construction impacts from the project on downstream facilities, environments and watersheds. A qualified Civil Engineer shall prepare this plan. The proposed plan shall also address all relevant NPDES requirements and recommendations for the use of best available technology. The design shall include measures for irrigation and hydro seeding on all graded areas, slopes and pad areas. Reclaimed water shall be used for dust control during grading, if available from Ventura County Waterworks District No. 1. The Storm Water Pollution Prevention Plan shall be submitted to the City Engineer for review and shall gain the City Engineer's approval prior to issuance of grading permits. 000x)29 Resolution No. 2003 - Page 25 90. The Applicant shall prepare a Storm Water Pollution Prevention Plan to address long term operational impacts from the project on downstream facilities, environments and watersheds. A qualified Civil Engineer shall prepare this plan. The proposed plan shall also address all relevant NPDES requirements, maintenance measures, estimated life spans of Best Management Practices facilities, operational recommendations and recommendations for specific Best Management Practices technology. The use of permanent dense groundcover planting approved by the City Engineer shall be required for all graded slopes. Methods of protecting the planted slopes from damage shall be included. Proposed management efforts during the lifetime of the project shall include best available technology. The avoidance of the use of mechanical stormwater treatment facilities such as clarifiers, separators, filters, absorbents, adsorbents or similar patented devices is strongly encouraged. Should there be no alternative to their use, the Applicant shall permanently indemnify the City from all liability or costs that it may incur through use or maintenance failure, in a form approved by the City Attorney, City Engineer, and City Manager at their discretion. The use of biological filtering, bio- remediation, infiltration of prefiltered storm water and similar measures that operate without annual maintenance intervention, that are failsafe, that, when maintenance is needed, will present the need for maintenance in an obvious fashion and which will be maintainable in a cost effective and non - disruptive fashion is required. The Storm Water Pollution Prevention Plan shall be submitted to the City Engineer for review and shall gain the City Engineer's approval prior to issuance of grading permits. 91. The following measures shall be implemented during all construction activities throughout build out of the project to minimize the impacts of project- related noise in the vicinity of the proposed project site: a. Construction activities shall be limited to between the following hours: a) 7:00 a.m. to 7 p.m. Monday through Friday, and b) 9:00 a.m. to 6:00 p.m. Saturday. Construction work on Saturdays shall require pre - approval by the City Engineer and payment of a premium for City inspection services and may be further restricted or prohibited should the City receive complaints from adjacent property owners. No construction work shall be done on Sundays and City 0190030 Resolution No. 2003 - Page 26 observed holidays pursuant to Section 15.26.010 of the Municipal Code. b. Truck noise from hauling operations shall be minimizes through establishing hauling routes that avoid residential areas and requiring that "Jake Brakes" not be used along the haul route within the City. The hauling plan shall be identified as part of the grading plan and shall be approved by the City Engineer. C. The Applicant shall ensure that construction equipment is fitted with modern sound - reduction equipment. d. Stationary noise sources that exceed 70 dBA of continuous noise generation (at 50 feet) shall be shielded with temporary barriers if existing residences are within 350 feet of the noise source. e. Designated parking areas for construction worker vehicles and for materials storage and assembly shall be provided. These areas shall be set back as far as possible from or otherwise shielded from existing surrounding rural residential neighborhoods. 92. The Applicant shall submit to the City of Moorpark for review and approval, a grading plan, consistent with the CPD conceptual plan, prepared by a California Registered Civil Engineer, shall enter into an agreement with the City of Moorpark to complete all on -site and off -site public improvements and shall post sufficient surety guaranteeing the construction of all public improvements. 93. The final grading plan shall meet all Uniform Building Code (UBC) and City of Moorpark standards including slope setback requirements at lot lines, streets and adjacent to offsite lots. 94. The entire site shall be graded to within 0.25 feet of ultimate grade at the same time. The maximum gradient for any slope shall not exceed a 2:1 slope. Pads shall be graded, planted and landscaped to the satisfaction of the Community Development Director and City Engineer. 95. A final grading certification shall be submitted to and approved by the City Engineer prior to Zoning Clearance for Occupancy. 96. All permanently graded slopes and flat areas shall be planted with groundcover, trees and shrubs that shall stabilize slopes and minimize erosion or alternative Resolution No. 2003 - Page 27 measures to the satisfaction of the Community Development Director and the City Engineer 97. Backfill of any pipe or conduit shall be in four inch (4 ") fully compacted layers unless otherwise specified by the City Engineer. 98. Soil testing for trench compaction shall be performed on all trenching and shall be done not less than once every two feet (2') of lift and 100 lineal feet of trench excavation. GEOTECHNICAL /GEOLOGY: 99. The Applicant shall submit to the City of Moorpark for review and approval, a detailed Geotechnical Engineering report certified by a California Registered Civil Engineer. The geotechnical engineering report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. The Applicant shall also provide a report that discusses the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. Note: Review of the geotechnical engineering report(s) by the City's Geotechnical Engineer shall be required. The Applicant shall reimburse the City for all costs including the City's administrative fee for this review. 100. All recommendations included in the approved geotechnical engineering report shall be implemented during project design, grading, and construction in accordance with the approved project. The City's geotechnical consultant shall review all plans for conformance with the soils engineer's recommendations. Prior to the commencement of grading plan check, the Applicant's geotechnical engineer shall sign the plans confirming that the grading plans incorporate the recommendations of the approved soils report(s). 101. As- Graded geotechnical report and rough grading certification shall be submitted to and approved by the City Engineer and Geotechnical Engineer prior to Zoning Clearance for Building permits. 102. A final grading certification shall be submitted to and approved by the City Engineer prior to Zoning Clearance for Occupancy. 000,032 Resolution No. 2003 - Page 28 STREET REQUIREMENTS: 103. The street right -of -way improvements shall include adequate pavement for vehicle turnouts into and out of the project, controlled access exiting the project, under grounding of all above ground utilities, reconstruction of deteriorating or damaged sidewalk and curb and gutter, street striping, in addition to new concrete curb and gutter, parkways, new streetlights and street signing to the satisfaction of the City Engineer. The City Engineer and the Community Development Director shall approve all driveway sizes, locations and configurations and "line of site" exhibits showing all improvements, including landscaping and signing. The Applicant shall acquire and dedicate any additional right -of -way necessary to make all of the required improvements. 104. In accordance with Business and Professions Code 8771, the street improvement plans shall provide for a surveyors statement on the plans certifying that all recorded monuments in the construction area have been located and tied out or shall be protected in place during construction. Monuments shall meet the City of Moorpark, County of Ventura Standards and shall be to the satisfaction of the City Engineer. All street centerline intersections shall be monumented. 105. The Applicant shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. The plans shall be required with the site grading plans for the review by, and to the satisfaction of the City Engineer. 106. Pedestrian facilities shall meet all City and ADA requirements, and shall be safe and visible from vehicle and pedestrian traffic along all streets. 107. As a condition of the issuance of a building permit for each commercial use, the Applicant shall be required to pay City the Los Angeles Area of Contribution (AOC) Fee. The AOC Fee shall be the dollar amount in effect at the time of the payment of the fee. Institutional uses shall pay on the same basis as commercial uses, except that institutional uses which are exempt from secured property taxes shall be exempt from the fee. DRAINAGE: 108. The Applicant shall submit to the City of Moorpark for review and approval, drainage plans; hydrologic and 000033 Resolution No. 2003 - Page 29 hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. The plans shall depict all on -site and off - site drainage structures required by the City. The drainage plans and calculations shall demonstrate that the following conditions shall be satisfied before and after development: a. Quantities of water, water flow rates, major watercourses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Flood Control Standards except as follows: i. All storm drains shall carry a 50 -year frequency storm; ii. All catch basins shall carry a 50 -year storm; iii. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows; iv. All culverts shall carry a 100 -year frequency storm. b. "Passive" Best Management Practices drainage facilities shall be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Should there be no feasible alternative, the Applicant shall provide a vehicle to permanently indemnify the City from all liability or costs that it may incur through the Applicant's use or maintenance failure of mechanical treatment facilities C. Drainage to adjacent parcels or the Public Right -of- Way shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows including onsite detention shall be provided to the satisfaction of the City Engineer. d. Drainage grates shall not be used in any public right - of -way, private right -of -way or in any location accessible to pedestrians. e. All flows that have gone through flow attenuation and clarification by use of acceptable BMP systems and are O(JOC34 Resolution No. 2003 - Page 30 flowing within brow ditches, ribbon gutters, storm drain channels, area drains and similar devices shall be deposited directly into the storm drain system and shall be restricted from entering streets. If necessary, the storm drain system shall be extended to accept these flows. Both storm drains and easements outside the public right -of -way shall be privately maintained. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. Downstream storm drain systems may lack capacity. Applicant shall demonstrate, to the satisfaction of the City Engineer, downstream facilities shall not be adversely impacted. f. Applicant shall demonstrate that developed storm water runoff shall not exceed pre- developed runoff. 109. The Applicant shall demonstrate for each building pad area that the following restrictions and protections shall be put in place to the satisfaction of the City Engineer: a. Adequate protection from a 100 -year frequency storm. b. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level C. Feasible access during a 50 -year frequency storm. d. Hydrology and Hydraulic reports shall be per current Ventura County Flood Control Standards incorporating their Master Drainage Hydrology Report. 110. Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides, which can contribute to urban runoff pollution. Parking and associated drive areas with five (5) or more spaces shall be designed to minimize degradation of storm water quality. Best Management Practices landscaped areas for infiltration and biological remediation or approved equals, shall be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design shall be submitted to the City Engineer for review and approval prior to the issuance of a building permit. 111. The Applicant shall provide for all necessary on -site and off -site storm drain facilities required by the City to OOOG35 Resolution No. 2003 - Page 31 accommodate upstream and on -site flows. Facilities, as conceptually approved by the City, shall be delineated on the final drainage plans. Either on -site retention basins or storm water acceptance deeds from off -site property owners shall be specified and provided on the plans. 112. Prior to approval of plans for NPDES Facilities, the Applicant shall provide to the satisfaction of the City Engineer, engineering and geotechnical reports to prove, that all NPDES facilities meet their intended use and design. These facilities shall meet the minimum requirements relating to water retention and clarification. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES): 113. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS004002 as well as the development of the SWPCP AND SWPPP. 114. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Applicant shall submit a Storm Water Pollution Control Plan (SWPCP) to the satisfaction of the City Engineer. The SWPCP shall identify potential pollutant sources that may affect the quality of discharges to storm water and shall include the design and placement of recommended Best Management Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system. 115. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks." 116. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Applicant shall also submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit in accordance with the NPDES Construction General Permit (No. CASQ00002): Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities). "All storm water discharges associated with a construction activity where clearing, grading, and excavation results in land disturbances." The Applicant shall comply with all requirements of this General Permit including preparation 00003G Resolution No. 2003 - Page 32 of a Storm Water Pollution Prevention Plan (SWPPP). In addition, the Applicant shall obtain a permit from the State Water Resources Control Board for The Applicant shall submit a copy of the Notice of Intent (NOI) to the City Engineers office as proof of permit application. 117. The Applicant shall also comply with NPDES objectives as outlined in the "Storm Water Pollution Control Guidelines for Construction Sites." 118. Prior to Building Permit approval, Applicant shall provide facilities to comply with NPDES requirements. Runoff from developed areas shall be diverted to detention basins, "passive- devices" or other passive Best Management Practices (BMPs) to the satisfaction of the City Engineer. A California registered civil engineer shall propose and design these devices as part of the drainage improvement plans for the project. Provisions shall be made by the Applicant to provide for maintenance in perpetuity. All permanent NPDES Best Management Practice facilities shall be operational prior to Zoning Clearance for Occupancy. 119. The project construction plans shall state that the Applicant shall comply with the "California Storm Water Best Management Practice Handbooks" - Best Management Practices (BMPs) applicable to the development and to the satisfaction of the City Engineer. Said requirements shall include the following: a. All onsite storm drain inlets shall be labeled "Don't Dump Drains to Arroyo." b. No outdoor vehicle maintenance shall be allowed. C. The entire project site and any off -site improvement areas shall be maintenance free of litter and debris. d. All onsite storm drains shall be cleaned, using approved methods, at least twice a year, once immediately prior to October 1, the rainy season, and once in January. Water flushing is not an approved method for cleaning. e. All sidewalks, walkways, and parking areas shall be swept regularly to prevent the accumulation of litter and debris from entering the storm drain. No cleaning agent shall be discharged into a storm drain system. If any cleaning agent or degreaser is used, wash water shall not be discharged to the storm drain but shall be discharged to the sanitary sewer. Discharges to the 0(NDG3 7 Resolution No. 2003 - Page 33 sanitary sewer are subject to the review and approval of the County Waterworks District No. 1. f. The City shall require that "passive" devices and BMPs be used to comply with NPDES water quality requirements. The Applicant shall provide the City with a Maintenance Program for such devices. The Operation and Easement Agreement shall include a requirement that the Applicant/ Property Owner(s) shall maintain, in perpetuity, such devices in a manner consistent with specific requirements to be detailed within the Maintenance Program. UTILITIES: 120. Utilities, facilities and services for CPD No. 2002 -01 shall be extended and /or constructed in conjunction with its phased development by the Applicant as the project proceeds. Any work within the City right -of -way shall require an encroachment permit. 121. All existing, relocated and new utilities shall be placed underground. 122. The Applicant shall obtain approval from the Planning and Engineering Divisions for all structures and walls in excess of six feet (6') in height prior to Zoning Clearance for Grading. 123. The Applicant shall post sufficient surety guaranteeing completion of all improvements (i.e., grading, street improvements, storm drain improvements, landscaping, fencing, bridges, etc.) or which require removal (i.e., access ways, temporary debris basins, etc.) in a form acceptable to the City. The surety shall include provisions for all site improvements within the development and other off -site improvements required by the conditions as described herein. 124. The Applicant shall file for a time extension with the City Engineer's office at least six (6) weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required shall be in conformance with the applicable ordinance section. 125. All surety guaranteeing the public improvements shall remain in place for one year following acceptance by the City. Any surety that is in effect three (3) years after Zoning Clearance approval or issuance of the first building 0 09u38 Resolution No. 2003 - Page 34 permit shall be increased an amount equal to or greater than the consumers price index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like manner each year thereafter. 126. Original "as built" plans shall be certified by the Applicant's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "as built" in a series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as built" plans is required before a final inspection shall be scheduled. Electronic files shall be submitted for all improvement plans in a format to the satisfaction of the City Engineer. In addition, Applicant shall provide an electronic file update on the City's Master Base Map electronic file, incorporating all storm drainage, water and sewer mains, lines and appurtenances and any other utility facility available for this project. 127. The Applicant shall certify to the satisfaction of the City Engineer that the recommendations in the reports are adhered to prior to the issuance of a grading permit. 128. Prior to Zoning Clearance and /or Occupancy, the Department of Community Development and the City Engineer shall ensure that the conditions have been satisfied. 129. The following shall be included in the requirements for the permitted use of the property. The City shall periodically review the site for conformance. Repeated violations of these requirements shall be cause of revocation of the permit use. a. All property areas shall be maintained free of litter /debris. b. All on -site storm drains shall be cleaned at least twice a year, once immediately prior to October 1st (the rainy season) and once in January. The City Engineer may require additional cleaning. C. Parking lots and drives shall be maintained free of litter /debris. Sidewalks, parking lots and drive - troughs shall be swept regularly to prevent the accumulation of litter and debris. When swept or washed, debris shall be trapped and collected to prevent entry to the storm drain system. No cleaning agent shall be discharged to the storm drain. If any 000 039 Resolution No. 2003 - Page 35 cleaning agent or degreaser is used, wash water shall not discharge to the storm drains; wash water shall be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval, and conditions of the wastewater treatment plant receiving the discharge. d. All exterior metal building surfaces, including roofing, shall be coated or sealed with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system. e. Landscaping shall be properly maintained with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides which can contribute to urban runoff pollution. f. Trash enclosures and /or recycling area(s) shall be covered. All litter /waste material shall be kept in leak proof containers. The area shall be paved with impermeable material. No other area shall drain onto these areas including rainwater. There shall be no drain connected from the trash enclosure area to the storm drain system. However, the drain from the trash enclosure shall be connected to the sanitary sewer and have an automatic seal that shall preclude any escape of gases or liquids from the sewer connection. 130. On -site private streets, aisles, parking areas, curb, gutter sidewalk, drainage facilities and all other civil facilities shall be designed and constructed in accordance with the requirements for public streets and public facilities. 131. Should the Plans prove to be inadequate in any respect, as determined by City in its sole discretion, then Applicant shall make such changes as are necessary to ensure, to the satisfaction of the City Engineer, that such Improvements are performed in accordance with said City standards and regulations in effect at the time of construction of the improvements of CPD No. 2002 -01 said accepted construction practices, and approved Conditions of CPD No. 2002 -01. SURETY BONDS: 132. Prior to commencement of any phase of work under this Agreement, the Applicant shall furnish to City valid and sufficient bonds, executed by a corporation authorized to 000 Gi0 Resolution No. 2003 - Page 36 transact business in the State of California on forms approved by City and with Applicant as principal, for the completion and maintenance of the Improvements in accordance with this Agreement. The Applicant shall file with the City, security for the faithful performance of the Improvements to be constructed by Applicant and separate security (except for grading and monuments) for payment of laborers and materials, men who furnish labor or materials to those improvements. Each security shall be good and sufficient on forms approved by the City. Should any surety become insufficient in the opinion of the City, the Applicant shall increase said surety, in an amount satisfactory to City, within ten (10) days after receiving written notice from City, which notice can be given at any time by City. 133. Without notice and until exonerated by the City Council, each surety shall be renewed on a yearly basis and shall be increased in an amount equivalent to the increase, if any, in the Consumer Price Index - All Urban Consumers - Greater Los Angeles Area for the twelve (12) months that end three (3) months prior to the month in which the bond is renewed. All of the obligations of Applicant under this Agreement shall be met to the satisfaction of City prior to exoneration of all of the bonds. All premiums and costs related to provision of the bonds required by this Agreement shall be the responsibility of Applicant. 134. Applicant shall complete the Improvements no later than two (2) years after start of work, but in no event prior to first occupancy. All Improvements shall be completed to City's satisfaction prior to City acceptance and reduction /exoneration of sureties. All Improvements shall be completed to the City's satisfaction prior to City acceptance and reduction /exoneration of sureties. 135. The City Engineer or his /her duly authorized representative, upon request of the Applicant, shall inspect the Improvements. As the City determines Improvements have been constructed in accordance with the provisions of this Agreement, City shall accept the Improvements as complete. 136. The Applicant agrees to pay for all inspection services performed on behalf of City and for the consulting soils engineer and geologist hired by the City. Applicant agrees that no final inspection will be made by the City Engineer until City receives full payment for all related City ®0641 Resolution No. 2003 - Page 37 inspection services, consulting soils engineer and geologist services together with the cost of the time incurred by the City Engineer, City Attorney, Public Works Director, and other City staff in connection therewith. 137. At all times during the construction of Improvements, Applicant shall take all such precautions as may be necessary to limit access to the site to authorized persons only and to protect the site from all members of the public and protect all public and adjacent private property from debris and damage. 138. The Applicant shall guarantee against defective plans, labor and materials for a period of one (1) year following City acceptance of the Improvements as complete. In the event any of the Improvements are determined to be defective within the time provided herein, Applicant shall repair, replace, or reconstruct the defect without delay and without cost or expense to City and shall pay all City costs for plan check, inspection and the City's Administrative Costs related to this requirement within thirty (30) days after receipt of City's invoice. Should Applicant fail to act promptly or in accordance with the requirements of this paragraph, or should the exigencies of the situation require that repair, replacement or reconstruction work be performed before the Applicant can be notified, City may, at its option, make or cause to be made the necessary repair, replacement or reconstruction. The Applicant and its surety shall be obligated to pay City for the actual cost of such work together with the City's Administrative Costs. 139. The Applicant shall keep accurate records on a set of blue lined prints of all City approved additions to and deletions from the work, and of all changes in location, elevation and character of the work, not otherwise shown or noted on the Plan. Prior to the City's inspection and acceptance of the Improvements, Applicant shall transfer this information to a final set of record drawings and deliver them to the City Engineer for final approval and retention. 140. In the event that the Applicant fails to perform any obligations hereunder, Applicant agrees to pay all costs and expenses incurred by City in securing performance of such obligations, in addition to cost of any resulting legal action and reasonable attorney's fees. 0()0042 Resolution No. 2003 - Page 38 141. City may serve written notice upon Applicant and Applicant's surety of any breach of any portion of these conditions of approval regarding grading and construction of improvements prior and the default of Applicant if any of the following occur: a. Applicant refuses or fails to prosecute the Work, or any severable part thereof, with such diligence as will insure its completion within the time specified. b. Applicant fails to complete said work within the required time. C. Applicant is adjudged a bankrupt. d. Applicant makes a general assignment for the benefit of Applicant's creditors. e. A receiver is appointed in the event of Applicant's insolvency. f. Applicant, or any of applicant's officers, agents, servants or employees violates any of the provisions of this Agreement. 142. In the event notice is given as specified within these conditions regarding grading and construction of improvements prior to obtaining a Building Permit, Applicant's surety shall have the duty to take over and complete the Improvements in accordance with all of the provisions of this Agreement; provided, however, that if the surety, within five (5) days after delivery to of such notice, does not give City written notice of its intention to so take over and complete the Improvements or does not commence the performance thereof within twenty (20) days after notice to City of such election, City may take over the Work and prosecute the Improvements to completion, by contract or by any other method City may deem advisable. In such event, City, without any liability for so doing, may take possession of, and utilize in completing the Improvements, such materials, tools, equipment and other property belonging to Applicant as may be on the site of the Work necessary therefore. Applicant and its surety shall be obligated to pay City the actual cost of such work together with the City's Administrative Costs. The rights of City provided by this paragraph are in addition to and cumulative to any and all other rights of City as provided by law or equity, and any election by City to proceed pursuant to the provisions noted within these conditions 0000043 Resolution No. 2003 - Page 39 herein shall not be construed as being in lieu of any other such rights. 143. Unless otherwise changed, notices required to be given to Surety Company shall be addressed to the Surety on file with the City at the time they are accepted by the City. PLEASE CONTACT THE VENTURA COUNTY FIRE DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S) 144. All driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' -6 "). 145. An on -site access road width of twenty -five feet (25') and off - street parking shall be provided. 146. Prior to combustible construction, an all weather access road /driveway suitable for use by a twenty (20) ton Fire District vehicle shall be installed. 147. Approved turnaround areas for fire apparatus shall be provided when dead -end Fire Department access roads /driveways exceed one hundred fifty feet. Turnaround areas shall not exceed a two and one -half percent (2.50) cross slope in any direction and shall be located within one hundred fifty feet on the end of the access road /driveway. 148. The access /driveway shall be extended to within one hundred fifty feet of all portions of the exterior walls of the first story of any building and shall be in accordance with Fire District access standards. Where the access roadway cannot be provided, approved fire protection system or systems shall be installed as required and acceptable to the Fire District. 149. Prior to construction, the Applicant shall submit two (2) site plans to the Fire District for the review and approval of the location of fire lanes. The fire lanes shall be posted "NO PARKING FIRE LANE" in accordance with California Vehicle Code, Section 22500.1 and the Uniform Fire Code prior to occupancy. 150. Approved walkways shall be provided from all building openings to the public way or fire department access road /driveway. 151. Address numbers, a minimum of 6 inches (6 ") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Brass or gold plated numbers shall not be used. Where U .90G44 Resolution No. 2003 - Page 40 structures are set back more than one hundred fifty feet) from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) is(are) not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance on an elevated post. 152. A plan shall be submitted to the Fire District for review indicating the method by which this center will be identified by address numbers. 153. Prior to construction, the Applicant shall submit plans to the Fire District for placement of the fire hydrants. On plans, existing hydrants within three hundred feet of the development. Indicate the type of hydrant, number and size of outlets. 154. Fire hydrant(s) shall be provided in accordance with current adopted edition of the Uniform Fire Code, Appendix 111 -B and adopted amendments. On -site fire hydrants may be required as determined by the Fire District. 155. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Water Works Manual. a. Each hydrant shall be a 6 -inch wet barrel design and shall have one (1) 4 -inch and two (2) two and one -half inch (2.5 ") outlet(s). b. The required fire flow shall be achieved at no less than 20 -psi residual pressure. C. Fire hydrants shall be spaced three hundred feet on center and so located that no structure will be farther than one hundred fifty feet from any one (1) hydrant. d. Fire hydrants shall be set back in from the curb face twenty -four inches (24 ") on center. e. No obstructions including walls, tree, light and sign posts, meter, shall be placed within three feet (3') of any hydrant. f. A concrete pad shall be installed extending eighteen inches (18 ") out from the fire hydrant. g. Ground clearance to the lowest operating nut shall be between eighteen inches (18 ") and twenty -four inches (24 "). 0 G0145 Resolution No. 2003 - Page 41 156. The minimum fire flow required shall be determined as specified by the current adopted edition of the Uniform Fire Code Appendix III -A and adopted Amendments Given the present plans and information, the required fire flow is approximately 2,500 gallons per minute at 20 psi for a minimum two hour duration. Prior to building permit, the Applicant shall provide to the Fire District, verification from the water purveyor that the water purveyor can provide the required fire flow. 157. Prior to occupancy of any structure, blue reflective hydrant location markers shall be placed on the access roads in accordance with Fire District standards. If the final asphalt cap is not in place at time of occupancy, hydrant location markers shall be installed and shall be replaced when the final asphalt cap is completed. 158. Structures greater than 5,000 square feet and /or five (5) miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with current VCFPD Ordinance. 159. Plans for all fire protection systems (sprinklers, dry chemical, hood systems, etc.) shall be submitted, with payment for plan check to the Fire District for review and approval prior to installation. Note: Fire sprinkler systems with one hundred or more heads shall be supervised by a fire alarm system in accordance with Fire District requirements. 160. Plans for any fire alarm system shall be submitted, with payment for plan check, to the Fire District for review and approval prior to installation. 161. Building plans of all A, E, I, H, R -1 or R -2 occupancies shall be submitted, with plan check, to the Fire District for review and approval prior to obtaining a building permit. 162. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within five feet (5') of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic sprinklers. 163. Applicant and /or tenant shall obtain all applicable Uniform Fire Code (UFC) permits prior to occupancy or use of any system or item requiring an UFC permit. 00,0046 Resolution No. 2003 - Page 42 164. Applicant shall obtain VCFD Form No. 126 "Requirements for Construction" prior to obtaining a building permit for any new construction or additions to existing structures. 165. Fire extinguishers shall be installed in accordance with the Uniform Fire Code. The placement of extinguishers shall be subject to review and approval by the Fire District. 166. The access road shall be of sufficient width to allow for a 40 foot outside turning radius at all turns in the road. 167. Prior to combustible construction on any parcel, a fire hydrant capable of providing the required fire flow and duration shall be installed and in service along the access road /driveway at a location approved by the Fire District, but no further than 250 feet from the building site. The owner of the combustible construction is responsible for the cost of the installation. 168. All grass or brush exposing any structures(s) to fire hazards shall be cleared for a distance of 100 feet prior to construction of any structure and shall be maintained in accordance with VCFPD Ordinance. PLEASE CONTACT THE VENTURA COUNTY WATERWORKS DISTRICT NO. 1 FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S) 169. In addition to the District's questionnaire, the Applicant shall comply with the applicable provisions of the District's standard procedures for obtaining domestic water and sewer services for Applicant's projects within the District. The Applicant shall provide the District with three sets of site plan showing the location and sizes of proposed (if applicable) domestic water service line, irrigation service line, fire service line, sewer service line, meters, backflow prevention devices, fire hydrants, wastewater sampling wells, and existing water and sewer mains. Also provide the District one set of plumbing plans inside the facility, including estimated domestic and irrigation water demands in gpm, and equivalent sewer fixture units. The District shall determine and collect applicable fees (ie. Sewer connection fee, capital improvement charge, construction permit, meter charges, inspection fee, trust deposit, etc.) upon receipt of the above mentioned information. 00,9047 Resolution No. 2003 - Page 43 PLEASE CONTACT THE VENTURA COUNTY FLOOD CONTROL DISTRICT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S) 170. The project shall control and manage storm runoff to prevent any potential impacts downstream which might arise from the effect of the development. PLEASE CONTACT THE POLICE DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S) 171. Exterior access ladders are not permitted. There shall not be any easy exterior access to the roof area, i.e. ladders, trees, high walls, etc. 172. Prior to issuance of a Zoning Clearance for building permit, all new construction shall comply with public safety measures as determined necessary by the Moorpark Police Department. PLEASE CONTACT THE MOORPARK UNIFIED SCHOOL DISTRICT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS) 173. If applicable, prior to the issuance of a Building Permit, the Applicant shall pay all school assessment fees levied by the Moorpark Unified School District. PLEASE CONTACT THE BUILDING & SAFETY DIVISION FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS) 174. No asbestos pipe or construction materials shall be used. 175. Prior to the issuance of a Building Permit, an "Unconditional Will Serve Letter" for water and sewer service will be obtained from the Ventura County Waterworks District No. 1. - END - 000,048 MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Directo Prepared by Paul Porter, Principal Planne DATE: April 24, 2003 (PC Meeting of May 20, 2003) SUBJECT: Consider Commercial Planned Development Permit No. 2002- 01, for Construction of Three Commercial Buildings on an Existing 2.29 Acre Parcel Located Northeast of the Northeast Corner of New Los Angeles Avenue and Spring Road, on the Application of GreeneWay Development, Inc. (Assessor Parcel Number 512 -0- 180 -09) BACKGROUND On November 12, 2002, an application for Commercial Planned Development Permit No. 2002 -10 was submitted for three (3) single - story, commercial buildings containing a total of 21,903 square feet within an existing neighborhood retail center, located northeast of the northeast corner of New Los Angeles Avenue and Spring Road. The project was determined complete for purposes of processing on February 3, 2003. DISCUSSION Project Setting Existinq Site Conditions: The existing commercial center consists of an approximate four (4) acre rectangular- shaped site, located at the northeast corner of New Los Angeles Avenue and Spring Road. The subject application is considered a commercial infill project to the existing commercial center, which contains a McDonalds restaurant, Blockbuster Video and Starbuck's Coffee store. This previously rough graded, undeveloped property consists of relatively flat ground, at an elevation of approximately 525 feet above mean sea level. Existing vegetation on the site consists of grasses, weeds, and one (1) mature tree. Site access currently exists from a curb -cut on New CC ATTACHMENT 2 S: \Community Development \DEV PMTS \C P D \2002 \01 GreeneWay \Agenda reports \pc 030520.doc 0 0 0 (A 9 Honorable Planning Commission May 20, 2003 Page 2 Los Angeles Avenue and a curb -cut on Spring Road. Previous projects have been informed that left turn access from New Los Angeles Avenue and Spring Road may be denied. General Plan and Zoning Direction Zoning General Plan Land Use Site CPD C -2 Undeveloped Pad North RPD -15du VH Residential South SRC OS -2 Commercial East RPD -15du VH Residential West R -1 M Residential General Plan and Zoninq Consistency: The Zoning Ordinance requires that a commercial development obtain a City Council approved Commercial Planned Development Permit. The applicant's proposal for three (3) commercial buildings is allowed in the CPD (Commercial Planned Development) Zoning Classification. This type of facility is required to be compatible with surrounding land uses and must comply with the provisions contained in the 9 City's Municipal Code related, but not limited to height restrictions, building setbacks, parking and landscaping requirements. Proposed Project Architecture: This commercial project is designed as a mixed -use (office and retail) infill project between McDonalds, Starbucks and Blockbuster Video. Staff had several meetings with the applicant and his architect to establishing a compatible design in keeping with the existing commercial development on each side of this infill project. The design focuses on a centrally located courtyard with a grapevine trellis and fountain creating a pedestrian friendly space and providing a focal point. The building design integrates architectural components of the existing adjacent commercial buildings while providing a separate distinction with the use of additional architectural elements and color. Setbacks: The minimum required building setback from New Los Angeles Avenue and Spring Road is thirty feet (30'). An approximate ninety -six 000050 Honorable Planning Commission May 20, 2003 Page 3 foot (96') building setback from New Los Angeles Avenue to Building 3 and a fifty foot (50') building setback from Building 1 from Spring Road are proposed, exceeding minimum Code requirements. The required minimum interior setback for a building in the CPD Zone adjacent to residential property is five feet (5'). A six foot (61) rear yard setback for Building 1 is proposed. Building Height: The maximum building height allowed in the CPD Zone is thirty -five feet (35'). Consistent with the allowable height limit in the CPD Zone, the maximum building height to the top of the parapet is twenty -three feet (231). Circulation: Access to this project is provided from both New Los Angeles Avenue and Spring Road via the existing driveways that currently serve the project site, as well as, the existing adjacent buildings. The Spring Road Driveway is located approximately 220 feet north of New Los Angeles Avenue and currently permits left -turn and right - turn ingress and egress movements. The New Los Angeles Avenue driveway is located approximately 320 feet east of Spring Road and permits left -turn and right -turn ingress movements, but the egress movements are limited to right -turns only. The City Engineer has added a condition that requires the Developer to install a "No Left Turn" sign at the Spring Road curb -cut to prevent vehicles exiting the site from making southbound movements onto Spring Road. The City Engineer has also added a condition requiring an irrevocable offer of dedication for access to the residential property located contiguous and east of this project. These issues are further discussed in the analysis section of this report. Traffic and Street Improvements: A Traffic Impact Study, prepared by Linscott Law and Greenspan, dated October 7, 2002, has been prepared for this project. The report indicates that the proposed project is expected to generate 89 vehicular trips (56 inbound and 33 outbound) during the AM peak hour. During the PM peak hour, the proposed project is expected to generate 191 vehicle trips (91 inbound and 100 outbound). Over a 24 -hour period, the proposed project is forecasted to generate 2,138 daily trips during a typical weekday (1,069 inbound and 1,069 outbound trips). Additional right -of -way and road improvements to Spring Road would be required for the widening of Spring Road to accommodate the two (2) southbound left turn lanes. The developer is also required to 000051 Honorable Planning Commission May 20, 2003 Page 4 submit wall and landscaping plans that indicate provisions for, and maintenance of, proper sight distances. Parking: The Zoning Ordinance requires one (1) parking space per 300 square feet of gross floor area for general retail and one (1) parking space for every 100 square feet of restaurant use. The project is providing 110 parking spaces, eight (8) over the 102 spaces required. It should be noted that since parking for restaurant uses require a higher level of parking, there would be a limit as to the number of restaurant uses that this site could accommodate and meet code requirements. Loading Area: The Zoning Ordinance requires one (1) loading space if the building floor area exceeds 3,000 square feet, unless it can be adequately demonstrated that a loading zone is not necessary. Typically, specific loading zones have not been required in other small centers. This arrangement has been satisfactory for the existing uses at this center. While much of the loading will be done from smaller trucks, there is an area to the west of the freestanding building that could be stripped and used for loading. Landscaping: The Zoning Ordinance requires all commercial developments adjacent to streets with four (4) or more lanes to provide a minimum of ten feet (10') of landscaping within the property, adjacent to the street. Consistent with this requirement, this project proposes approximately twenty -two feet (221) of on -site landscaping along New Los Angeles Avenue consisting of perennial color, a turf berm, shrub bed to match the existing shrub bed on the east side of the entrance and existing Holly Oaks. An approximately forty -five foot (451) wide bio- filtration turf area will be provided adjacent to Spring Road to satisfy National Pollutant Discharge Elimination System (NPDES) requirements and at the same time provide landscaping adjacent to the street. Perennial color will also be provided. Any impacted shrub beds located on the south side of the entry will be replanted per the existing planting scheme. Proposed landscaping on -site will consist of 13,135 square feet or 15% of the site area, of which 12,850 square feet will be within the parking area, exceeding the Zoning Ordinance requirement of ten percent (10 %) minimum landscape coverage. On -site landscaping will consist of trees, shrubs, vines, groundcover, turf, and annual color. 000052 Honorable Planning Commission May 20, 2003 Page 5 Tree Removal: On October 1, 2002, a Tree Removal Permit was obtained from the City for removal of three (3) mature trees from this site. While the Removal Permit was validly obtained, it was in anticipation of this Commercial Planned Development Permit. This issue is further discussed in the analysis section of this report. Site Improvements and National Pollutant Discharge Elimination System (NPDES) Requirements: The City Engineer has conditioned the project to provide for all necessary on -site and off -site storm drain improvements including the imposition of National Pollutant Discharge Elimination System (NPDES) requirements. "Passive" Best Management Practices (BMPs) Drainage Facilities are required to be provided so that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Air Quality: According to the 2000 Ventura County Air Quality Assessment Guidelines, the proposed project will produce 12,780 pounds of NOX, which is in excess of allowable 9,125 pound threshold, providing a conclusion that there will be an impact on regional air quality. For this project, staff has incorporated a standard condition requiring a contribution to the Moorpark Traffic Systems Management Fund to off -set air pollutants, consistent with the 2000 Ventura County Air Quality Assessment Guidelines. Analysis Staff analysis of the proposed project has identified the following issues to be considered by the Planning Commission: • Removal of Mature Trees • Possible future name change to New Los Angeles Avenue • Hours of operation • "No Left Turn" Sign at Spring Road Curb -Cut • Irrevocable Offer of Dedication for Access to Residential Property Located at Easterly Property Line Removal of Mature Trees: Prior to submitting an entitlement application for the project, the applicant obtained a Tree Removal Permit from the City in accordance with Section 12.12.070 of the Municipal Code. While the permit was validly issued, the normal process would have been to have the permit requested as part of the Commercial Planned 000053 Honorable Planning Commission May 20, 2003 Page 6 Development Permit. Typically, when a Tree Removal Permit is requested as part of a Development Permit, the applicant obtains an appraisal of the trees to be removed, then as part of the Special Conditions of Approval, the applicant is required to provide enhanced landscaping such as upgrading trees, or other additional landscaping treatments to compensate for the valuation of the removed trees. A Tree Appraisal Report is required by Section 12.12.070 of the Municipal Code for the removal of the three (3) Pepper Trees. The applicant will be required to apply the established value of the removed trees to upgrade the size of the tree plantings associated with the project. Staff has included a condition in the resolution requiring that landscaping be upgraded to compensate for the cost of the removed trees. Possible future name change to New Los Angeles Avenue: The City Council authorized the Public Works Director to investigate possible street name changes for New Los Angeles Avenue at this location and for Los Angeles Avenue at other locations within the City. It is possible that the street name may be changed in the future. Staff has added a condition of approval requiring that the applicant provide the City with an acknowledgement signed by each lessee indicating that they are aware of a possible street name change in the future and agree to waive their rights to oppose such change. a' Hours of operation: This center will be located on the busiest street in Moorpark. While it is adjacent to multiple- family units on the north, the design of the project is such that there will be no openings along the north building elevations except for required fire exits. Additionally, the closest dwelling units would be at least sixty to seventy feet (60 -70`) from the back wall of the proposed buildings. Therefore, staff has added a Condition of Approval allowing hours of operation from 6 a.m. to midnight. "No Left Turn" Sign at Spring Road Curb -cut: Future build -out along Spring Road includes a raised median and two (2) left hand turn lanes for traffic on Spring Road making easterly turns onto New Los Angeles Avenue. These street improvements will preclude traffic from making left hand turning movements onto Spring Road from the site. The City Engineer is also concerned that even prior to the median improvements being constructed, left hand turning movements onto Spring Road create a safety problem due to the volume of traffic and the proximity to the Spring Road /New Los Angeles Avenue intersection. To address this safety issue, the City Engineer is requiring the installation of a "No Left Hand U () OG54 Honorable Planning Commission May 20, 2003 Page 7 Turn" sign at the Spring Road curb -cut. In the near future, the City has plans to widen Spring Road at this location and install a raised median. Irrevocable Offer of Dedication for Access to Residential Property Located at Easterly Property Line: With the restriction of left turns from the site on Spring Road, it will become more difficult for automobiles exiting this commercial site to travel easterly on Los Angeles Avenue. Therefore, in anticipation of left turn restriction, the City Engineer is requiring an irrevocable offer of dedication for access to the residential property located to the east of the project. The residential property has a driveway access to New Los Angeles, very close to the joint property line, which would be an appropriate location for a future median break for left turn access. Findings Commercial Planned Development Permit Findings: Based upon the information set forth in the staff report(s) and accompanying studies, staff's opinion is that this proposed project, as conditioned, meets the requirements of the City of Moorpark, Municipal Code Section 17.44.030 in that: A. The proposed use is consistent with the intent and provisions of the city's General Plan, and Title 17 of the Municipal Code, as the proposed project meets or exceeds the Ordinance requirements for setbacks, parking, landscaping, and height, and meets or exceeds the existing General Plan and zoning designation requirements for the property. B. The proposed use is compatible with the character of the surrounding development since architectural elements of the existing buildings, as well as, colors and materials of the existing buildings have been integrated into the proposed project. C. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses as the proposed building colors and architecture is designed to blend in with the other existing commercial buildings and the proposed buildings are located in such a manner so as not to cause problems with the use of the adjacent residential property. D. The proposed use will not be detrimental to the public interest, health, safety, convenience or welfare as it has been conditioned to comply with all applicable local, state and federal governmental regulations. 0' () (),55 Honorable Planning Commission May 20, 2003 Page 8 E. The proposed use is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structure(s) have design features which provide visual relief and separation between land uses of conflicting character, in that the design of the project combines the architecture, building materials and textures, landscaping and building colors of the existing adjacent buildings. ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation can not be readily identified, an Environmental Impact Report (EIR) is prepared. Pursuant to California State law, an evaluation has been conducted to determine if the proposed project could significantly affect the environment, and based upon an Initial Study and analysis of available information, it was found that there is substantial evidence that the potential effects of the proposed project on the environment will not have a significant effect on the environment. Therefore, a Negative Declaration is intended to be adopted in compliance with the State of California Environmental Quality Act. 0 () 0G. 56 Honorable Planning Commission May 20, 2003 Page 9 STAFF RECOMMENDATIONS 1. Open the public hearing, accept public testimony and close the public hearing. 2. Consider the proposed Negative Declaration to ensure that it adequately addresses the impacts of the proposed commercial project. 3. Adopt Resolution No. PC -2003- recommending to the City Council approval of Commercial Planned Development Permit No. 2002 -01, subject to conditions. ATTACHMENTS: 1. Location Map 2. Project Exhibits A. Site Plan B. Building A Elevations C. Building B Elevations D. Building C Elevations E. Conceptual Grading and Drainage Plan F. Conceptual Landscape Plan G. View 1 H. View 2 3. Initial Study and.Draft Negative Declaration 4. Draft Resolution No. PC -2003- with Conditions of Approval 0 Q0�57 PC ATTACHMENT 1 x F y ni Moorpark Location Map A nning Division er of New Los AngelejAvenue �� Foot Radius) and Spring Road '1 0 �uU5N Xy AlOCMCOMAl. 1OFFICE I 5�7 UD�W COACK /Off .6 —WR 1 stogy KEY MOTES -- - --------- - - - _74 0 vf..r 0 S*7_ %V Lam. O -A -1 JECT DATA PRO 77,71 X . . . ... ..... xl VIXW COAlWOFFIQ BUL DWI SUN 11 'S/ I STORY i AkOCXALO w.— WK STAMMWS .......... .. iu i, m -Atoms SMIMARY :iw :J SLOCGUSTER ............ --------- — ------- . . ... . . . .. ........ :a E L E S A V T w L 0 3 . . . .......... . . . .. ..... . WAY NOT GREENE MOORPARK SPRINGS SHOPPING CENTER dcv�JOPTnCnt, lUt " Group NEW LOS ANGELES AVE. & SPRING ROAD Atehitcetsz MOORPARK, CA 93021 LARRY GREENE 01S) 970-Ae00 PC ATTACHMENT 2A O(E KEY NOTES FINISH NOTES 4!)m Q) mm m I l4rom ol 'Li A - �11 r �El--V*Tlc" f ---------------- 4'� 7- -Tili I 'oa MOORPARK SPRINGS SHOPPING CENTER G Rr F Pittman Group NEW LOS ANGELES AVE. & SPRING ROAD tevelopment, inc'- ' I's �qwro V-nd - su-te '2,4 "q.i. Archito I ch ANOORPAR CA 93n24 21 K A LARRY GqEEHF (8181 87•800 PC ATTACHMENT 2B , z 2K�g "'.eo 'b* ......._. - - - - - - - - - - ----- Tl----- W "I Or ----------- 10, ,WSW, x 0 *Q� - -------- - - KEYNOTES Aw m - - - - - - - - - - ----- Tl----- W "I Or ----------- 10, ,WSW, x 0 *Q� - -------- - - T- (Dw- MOORPARK SPRINGS SHOPPING CENTER G R E E N EIV'Cl: dcvelopi-nent. inc. NEW LOS ANGELES AVE. & SPRING ROAD Aq— JIG. Y)f -4eoo erN ARRY GTIEENE (611�111' S79 MOORPARK, CA 93021 PC ATTACHMENT 2C KEYNOTES FINISH NOTES r0 i8r2) T- (Dw- MOORPARK SPRINGS SHOPPING CENTER G R E E N EIV'Cl: dcvelopi-nent. inc. NEW LOS ANGELES AVE. & SPRING ROAD Aq— JIG. Y)f -4eoo erN ARRY GTIEENE (611�111' S79 MOORPARK, CA 93021 PC ATTACHMENT 2C (LA—U-1 701, U, •rw.a KEY NOTES FINISH NOTES vwxrrs ._s GREENFIVAY Pittman MOORPARK SPRINGS SHOPPING CENTER clev�lopfncllt. lx c GmUp NEW LOS ANGELES AVE. & SPRING ROAD 2�5 Aca'.. ioic "CL Atchftaclg MOORPARK, CA 93021 LARRY GREE4E tf$li) em-4vo PC ATTACHMENT 2D ca - ---------- A." c IV I it T, D'. 0 b LI C W111P W. .A1,1 N I, PC ATTACHMENT 2E 471, ........... . . A- . . .... ...... . ... A Z. ca - ---------- A." c IV I it T, D'. 0 b LI C W111P W. .A1,1 N I, PC ATTACHMENT 2E 471, —ID ca - ---------- A." c IV I it T, D'. 0 b LI C W111P W. .A1,1 N I, PC ATTACHMENT 2E A Z. S. 'A Awo 4* - 0-0-- L.7— .Mor UTER PREPARED SY WA W OWNER !ZDEVEL9!LR ARCHITECT: MIN 'W" w v.m W, C)i4CFVP7OAL 'A<A'13, TA ':G A"10 �07WNAGE 2 PARCEL OF PKA 503F ­C;—A'�'.1 '—d, . . ........ I 1\ / 9:d+ ilYi ShaetTOV CONCEPTUAL PLAN 1. -Z.la,l PC ATTA( ;HMENT 2F 0 p PC ATTACHMENT 3G PC ATTACHMENT 2H CITY OF MOORPARK INITIAL STUDY 799 MOORPARK AVENUE MOORPARK, CA 93021 (805) 517 -6200 Project Title: Commercial Planned Development Permit Case No.: CPD 2002 -01 Contact Person and Phone No.: Paul Porter, Principal Planner (805) 517 -6243 Name of Applicant: GreeneWay Development, Inc. Address and Phone No.: 29395 Agoura Road, Suite 204 Agoura, California 91301 (818) 879 -4800 Project Location: Northeast of northeast corner of New Los Angeles Avenue and Spring Road General Plan Designation: C -2 Zoning: CPD Project Description: Commercial Planned Development application, CPD 2002 -01, will establish the design and control of 21,786 square feet of commercial uses in three commercial - retail- restaurant - service buildings which will complete the development of an existing neighborhood shopping center. Surrounding Land Uses and Setting: North: Multi - Family Residential Uses South: Los Angeles Avenue and Commercial Uses East: Multi- Family Residential Uses West: Spring Road and Single- Farrily Commercial Uses Responsible and Trustee Agencies: Caltrans is a responsible agency as any work done on New Los Angeles Avenue will require an Encroachment Permit from Caltrans ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a Potentially Si nificant Impact "or Potentially Significant Unless Mtigated, "as indicated by the checklist on the following pages. Aesthetics Agricultural Resources X Air Quality Biological Resources Cultural Resources Geology /Soils Hazards and Hazardous Materials HydrologyMater Quality Land Use /Planning Mineral Resources X Noise Population /Housing Public Services Recreation X TransportationfTraffic Utilities/Service Systems Mandatory Findings of Significance None DETERMINATION: On the basis of this initial evaluation, I find that the proposed project could not have a significant effect on the environment, and a NEGATIVE DEC RATION will be prepared. 7V Prepared by: Paul rter Reviewed y: arry Hog Principal Planner ity D e pment Director Date: March 7, 2003 Date: 3-7- 2oo3 PC ATTACHMENT 3 S: \Community Development \DEV PMTS\C P D\2002,,), Greene.` \Envi&'JIweataNnitial Study.doc U000f CPD 2002 -01 GreeneWay Development, Inc. INITIAL STUDY EXHIBIT 1: NEGATIVE DECLARATION Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact A. AESTHETICS — Would the project: 1) Have a substantial adverse effect on a scenic vista? X 2) Substantially damage scenic resources, including, but X not limited to, trees, rock outcroppings, and historic buildings within a state scenic highv�sy? 3) Substantially degrade the ersbng visual character or X quality of the site and its surroundings? 4) Create a new source of substantial light or glare Mich X would adversely affect day or nighttime views in the area? Response: The proposed project is an infill commercial project that will enhance the general area through architectural design. The introduction of landscaping to the site will serve to enhance the site. Any lighting for the site will be evaluated and be consistent with the City's lighting ordinance. Sources: Project description, project plans, Ch. 17.30 of the Moorpark Municipal Code. Mitigation: None B. AGRICULTURE RESOURCES — In determining whether impacts to agricultural resources are significant environmental effects, the City of Moorpark may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: 1) Convert Prime Farmland, Unique Farmland, or Farmland of statewide Importance (Farmland), as shown on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources agency, to non - agricultural use? 2) Conflict with e>asting zoning for agricultural use, or a Williamson Act contract? 3) Involve other changes in the e)isting environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use? Response: This project is in an urban setting and does not affect agricultural resources. Sources: Project description, project plans Mitigation: None required. X X X P� S: \Community Development \DEV PMTS \C P D\2002 \01 GeeneWay\Environmental \Initial Studydocl O Q0 6168 CPD 2002 -01 GreeneWay Development, Inc. Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact C. AIR QUALITY — Would the project: 1) Conflict with or obstruct implementation of the applicable x air quality plan? 2) Violate any air quality standard or contribute x substantially to an existing or projected air quality violation? 3) Result in a cumulatively considerable net increase of any x criteria pollutant for which the project region is non attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? 4) Expose sensitive receptors to substantial pollutant x concentrations? 5) Create objectionable odors affecting a substantial number x of people? Response: The project is estimated to result in approximately 6.39 tons of Nitrogen Oxides per year and 4.52 tons of Reactive Organic Gases per year, mostly from vehicle trip emissions. These levels exceed suggested thresholds of the Ventura County Air Pollution Control District. The applicant will be required as a standard condition of approval to pay a contribution to the City's Transportation System Management fund, reducing this impact to a less than significant level. Sources: Project description, project plans, Air Quality Assessment Guidelines of the Ventura County Air Pollution Control District November 2000, URBEMIS 2001 Air Emissions Model. Mitigation: None required D. BIOLOGICAL RESOURCES — Would the project: 1) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or bythe California Department of Fish and Game or U.S. Fish and Wildlife Service? 2) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? 3) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? 4) Interfere substantially with the movement of any native S:\CommunityDevelopment\DEV PMTS \C P D\2002 \01 QeeneWay\Environmental \Initial Studydoc3 x X x x 000GG9 Potentially Significant Impact resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? 5) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? 6) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat Gre Less Than Significant With Miti ation CPD 2002 -01 eneWay Development, Inc. Less Than Significant No Impact Impact conservation plan! Response: This project is in an urban location. The project will complete the build -out of an existing neighborhood shopping center. Therefore, it does not affect natural biological resources. Sources: Project description and project plans. Mitigation: None required. E. CULTURAL RESOURCES — Would the project: 1) Cause a substantial adverse change in the signifcance of a historic resource as defined in §15064.5? 2) Cause a substantial adverse change in the signifcance of an archaeological resource pursuant to §15064.5? 3) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? 4) Disturb any human remains, including those interred outside of formal cemeteries? X X X X X X Response: The project involves the grading and construction of an existing pad which has been previously cleaned and graded, leaving a remote possibility of cultural resources existing on- site. Sources: Project description and project plans. Mitigation: None required SACommunityDevelopment \DEV PMTS \C P D\2002\01 QeeneWay\Environmental \Initial Studydoc4 Gret Less Than Potentially Significant Significant With Impact Mitigation CPD 2002 -01 :neWay Development, Inc, Less Than Significant No Impact Impact F. GEOLOGY AND SOILS — Would the project: 1) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death Involving: i) Rupture of a known earthquake fault, as delineated on the X most recent Nquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? X iii) Seismic- related ground failure, including liquefaction? X iv) Landslides? X 2) Result in substantial soil erosion or the loss of topsoil? X 3) Be located on a geologic unit or soil that is unstable, or X that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? 4) Be located on a )pansive soil, as defined in Table 18 -1 -B X of the uniform Building Code (1994), creating substantial risks to life or property? 5) Have soils incapable of adequately supporting the use of X septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste wac: Response: This project will be built subject to compliance with building codes and compliance with all project conditions of approval. All plans will be subject to the review and approval of the City prior to issuance of building permits. The site is not located in an earthquake fault zone. The site is located on a liquefaction hazard zone. Geotechnical measures will be incorporated into the project design as defined in Public Resources Code 2693 © to mitigate any project impacts. Sources: Project description, soils report, project plans Alquist - Priolo Earthquake Fault Zone Map (Simi Valley West, 1999) Seismic Hazard Zone Map (Simi Valley, 1997) Mitigation: None required. S:\CommunityDevelopment \DEV PMTS \C P D \2002 \01 GeeneWay \Environmental \Initial Studydoc5 000071 CPD 2002 -01 GreeneWay Development, Inc. G. HAZARDS AND HAZARDOUS MATERIALS — Would the project: 1) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? 2) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? 3) Emit hazardous emission or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an e>asbng or proposed school? 4) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? 5) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? 6) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? 7) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? 8) E)pose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where Response: This project does not affect hazards or hazardous materials. Sources: Project description and project plans Mitigation: None required H. HYDROLOGY AND WATER QUALITY — Would the project: 1) Violate any water quality standards or waste discharge requirements? 2) Substantially deplete groundwater supplies or interfere S:\CommunityDevelopment\DEV PMTS \C P D\2002 \01 GeeneWay\Environmental \Initial Studydoc6 x x 0 00072 CPD 2002 -01 GreeneWay Development, Inc. substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 3) Substantially alter the existing drainage pattern of the site X or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or of -site? 4) Substantially alter the existing drainage pattern of the site X or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? 5) Create or contribute runoff water which would exceed the X capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? 6) Otherwise substantially degrade water quality? X 7) Place housing within a 100 -year flood hazard area as X mapped on a federal Flood Hazard boundary or Flood Insurance Rate Map or other food hazard delineation map? 8) Place within a 100 -year flood hazard area structures which X would impede or redirect food flows? 9) Expose people or structures to a significant risk of loss, X injury or death involving i) looding, including flooding as a result of the failure of a levee or dam? ii) inundation byseiche, tsunami, or mudlow? X Response: All drainage plans are subject to the review and approval of the City Engineer prior to issuance of building permits. Flood hazards will be less -than significant with standard building permit requirements. Sources: Project description and project plans. Mitigation: None required. I. LAND USE AND PLANNING — Would the project: 1) Physically divide an established community? 2) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specifc plan, local coastal program, or inning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? SACommunity Development \DEV PMTS \C P D\2002 \01 GeeneWay\Environmental \Initial Studydoc7 X X OOO V73 3) Conflict with any applicable habitat conservation plan or natural community conservation plan? CPD 2002 -01 GreeneWay Development, Inc. X Response: The project will be constructed consistent with City Policies, Ordinances and consistent with the General Plan. Sources: City of Moorpark General Plan, Zoning Ordinance, project description and project plans. Mitigation: None required. J. MINERAL RESOURCES — Would the project: 1) Result in the loss of availability of a known mineral X resource that would be of value to the region and the residents of the state? 2) Result in the loss of availability of a locally- important X mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Response: The project does not affect mineral resources. Sources: Project description, site plans. Mitigation: None required. K. NOISE — Would the project result in: 1) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? 2) Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? 3) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? 4) A substantial temporaryor periodic increase in ambient noise levels in the project vicinityabove levels existing without the project? 5) For a project located within an airport land use plan or, where such a plan has not been adopted, vthin two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 6) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? S:\CommunityDevelopment \DEV PMTS \C P D\2002 \01 QeeneWay\Environmental \Initial Studydoc8 000011,074 9 X X X X X X 000011,074 9 CPD 2002 -01 GreeneWay Development, Inc. Response: Construction noise will be present, but standard conditions of approval and compliance with the Moorpark Municipal Code will reduce noise to a less -than significant level. Standard requirements include restricting construction hours. Sources: City of Moorpark General Plan, Moorpark Municipal Code. Mitigation: None required L. POPULATION AND HOUSING — Would the project: 1) Induce substantial population growth in an area, either X directly ( for example, by proposing new homes and businesses) or indirectly( for example, through extension of roads or other infrastructure)? 2) Displace substantial numbers of existing housing, x necessitating the construction of replacement housing elsewhere? 3) Displace substantial numbers of people, necessitating the x construction of replacement housing elsewhere? Response: This project is an infill commercial project which will serve the needs of the existing residents living in the area. And as such will not stimulate additional population and housing growth. Sources: Project description and project plans Mitigation: None required M. PUBLIC SERVICES 1) Would the project result in substantial adverse phWical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other perbrmance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? S: \Community Development \DEV PMTS \C P D\2002 \01 GeeneWay\Environmental \Initial Studydoc9 X X X X X 0 00075 CPD 2002 -01 GreeneWay Development, Inc. Response: Any increase in service levels will be adequately addressed through standard conditions of approval and agency requirements prior to the issuance of an occupancy permit. Sources: Project description and project plans. Mitigation: None required. N. RECREATION 1) Would the project increase the use of existing X neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 2) Does the project include recreational facilities or require X the construction or expansion of recreational facilities which might have an adverse physical effect on the Response: A parks fee is required as a standard condition to address any demand for parks from the proposed development. Sources: Project description and project plans. Mitigation: None required. O. TRANSPORTATION/TRAFFIC — Would the project: 1) Cause an increase in traffic which is substantial in relation X to the e>asting traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacityratio on roads, or congestion at intersections)? 2) Exceed, either individually or cumulatively, a level of X service standard established by the county congestion management agency for designated roads or highways? 3) Result in a change in air trafic patterns, including either X an increase in traffic levels or a change in location that results in substantial safety risks? 4) Substantially increase hazards due to a design feature X (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? 5) Result in inadequate emergency access? X 6) Result in inadequate parking capacity!? X 7) Conflict with adopted policies, plans, or programs X supporting alternative transportation (e.g., bus turnouts, bicycle racks)? S:\Community Development \DEV PMTS \C P D\2002 \01 QeeneWay\Environmental \Initial Studydocl 0 17 CPD 2002 -01 GreeneWay Development, Inc. Response: The traffic study prepared for this project indicates that the identified traffic implementation measures will offset project - generated traffic impacts. These measures have been incorporated into the project as conditions of approval to reduce project related traffic impacts to a less -than significant level. Prior to issuance of building permits, the project will be reviewed by the City for consistency with the conditions of approval and the approved plans. Sources: Project description, site plans, and City of Moorpark General Plan, Municipal Code. Traffic Impact Studv DreDared by Linscott, Law and Greenspan Engineers date October 7, 2002.. Mitigation: None required. P. UTILITIES AND SERVICE SYSTEMS — Would the project: 1) Exceed wastewater treatment requirements of the X applicable Regional Water Quality Control Board? 2) Require or result in the construction of new water or X wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 3) Require or result in the construction of new storm water X drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 4) Have sufficient water supplies available to serve the X project from existing entitlements and resources, or are new or expanded entitlements needed? 5) Result in a determination bythe wastewater treatment X provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 6) Be served by the landfill with sufficient permitted capacity X to accommodate the project's solid waste disposal needs? 7) Comply with federal, state, and local statutes and X reaulations related to solid waste? Response: The project will comply with applicable agency requirements and policies prior to issuance of building permits, reducing impacts on public services to a less -than significant level. Sources: Project description, project plans Mitigation: None required. SACommunityDevelopment \DEV PMTS \C P D\2002 \01 QeeneWay\Environmental \Initial Studydocl 1 00007"r, CPD 2002 -01 GreeneWay Development, Inc. Q. MANDATORY FINDINGS OF SIGNIFICANCE 1) Does the project have the potential to degrade the quality X of the environment, substantially reduce the habitat of fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history of prehistory? 2) Does the project have impacts that are individuallylimited, X but cumulatively considerable? ( "Cumulatively considerable" means that the incremental efect of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and effects of probable future projects)? 3) Does the project have environmental efects which will X cause substantial adverse effects on human beings, either directly or indirectly? Response: This infill commercial project is consistent with the City's General Plan, Municipal Code and other City requirements. Any potential impacts will be reduced to a less -than significant level through the implementation of the City's standard conditions of approval and compliance with applicable building codes and policies and requirements of other affected agencies. Sources: Project description, project plans Earlier Environmental Documents Used in the Preparation of this Initial Study None Additional Project References Used to Prepare This Initial Study One or more of the following references were incorporated into the Initial Studyby reference, and are available for review in the Community Development Office, City Hall, 799 Moorpark Avenue, Moorpark, CA 93021. Items used are referred to by number in the Response Section of the Initial Study Checklist. 1. Environmental Information Form application and materials submitted as part ofthe project description questionnaire at time of project submittal. 2. Comments received from (departments) in response to the Community Development Department's request for comments. 3. The City of Moorpark's General Plan, as amended. 4. The Moorpark Municipal Code, as amended. 5. The City of Moorpark Procedures for the Implementation of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines adopted by Resolution No. 92 -872 S:\Community Development \DEV PMTS \C P D\2002 \01 (?eeneWay\Environmental \Initial Studydoc'I 2 0() 0 101171 8 CPD 2002 -01 GreeneWay Development, Inc. 6. Public Resources Code Section 21000 et. seq. and Calibrnia Code of Regulations, Title 14 Section 15000 et. seq. 7. Ventura County Air Quality Assessment Guidelines, November 14, 2000. 8. Geotechnical Report dated May 1, 1996 by Earth Systems Consultants. 9. Drainage Report dated (no date) prepared br Parcel 2 of Parcel Map 5038 prepared by Charles Mikulus of the Haaland Group. SACommunityDevelopment \DEV PMTS \C P D \2002 \01 QeeneWay\Environmental\IniGal Studydocl 3 0 00 VG► 9 NEGATIVE DECLARATION CITY OF MOORPARK 799 MOORPARK AVENUE Z.. MOORPARK, CA 93021 (805) 517 -6200 9�i D J The following Negative Declaration has been prepared in accordance with the California Environmental Quality Act of 1970 as amended, the State Guidelines, and the Environmental Procedures of the City of Moorpark. Public Review Period: Ma ,. Project Title /Case No.: CPD 2002 -01 Project Location: Northeast of the northeast corner of New Los Angeles Avenue and Spring Road, Moorpark, Ventura County. (Location Map Attached) Project Description: Commercial Planned Development application, CPD 2002 -01, will establish the design and control of three commercial buildings containing a total of 21,786 square feet which will complete the development of the existing neighborhood shopping center. (Environmental Information Form Attached) Project Type: X Private Project _ Public Project Project Applicant: GreeneWay Development, Inc. 29395 Agoura Road, Suite 204, Agoura, Ca. 91301 Finding: After preparing an Initial Study for the above - referenced project, it is found that there is no substantial evidence, in light of the whole record before the City of Moorpark, that the project may have a significant effect on the environment. (Initial Study Attached) Responsible Agencies: Trustee Agencies: Attachments: Caltrans None Location Map Environmental Information Form Initial Study Contact Person: Paul Porter Community Development Department City of Moorpark 799 Moorpark Avenue Moorpark, California, 93021 (805) 517 -6243 SACommunity Development\DEV PMTS \C P D \2002 \01 GreeneWay \Environmental \Negative Declaration.doc 0 8 RESOLUTION NO. PC- 2003 -444 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF COMMERCIAL PLANNED DEVELOPMENT PERMIT (CPD) NO. 2002 -01, ON A 2.29 ACRE PARCEL, LOCATED NORTHEAST OF THE NORTHEAST CORNER OF NEW LOS ANGELES AVENUE AND SPRING ROAD ON THE APPLICATION OF GREENEWAY DEVELOPMENT, INC. (ASSESSOR PARCEL NO. 512 -0- 180 -09) WHEREAS, at a duly noticed public hearing on May 20, 2003, the Planning Commission considered Commercial Planned Development (CPD) Permit No. 2002 -01, on the application of GreeneWay Development, Inc., for a 21,786 square foot commercial- retail — restaurant - service building on approximately 2.29 gross acres, located northeast of the northeast corner of New Los Angeles Avenue and Spring Road (Assessor Parcel No. 512- 0- 180 -09); and WHEREAS, at its meeting of May 20, 2003, the Planning Commission opened the public hearing; took public testimony, closed the public hearing; and on May 6, 2003, after review and consideration of the information contained in the staff report and any supplements thereto, and consideration of written and oral public testimony both for and against the proposal, has reached a decision on this matter. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Negative Declaration/ Initial Study for the project is complete and has been prepared in compliance with California Environmental Quality Act (CEQA) and city policy. The Planning Commission considered information in the environmental document in its deliberations of the project before making a recommendation to the City Council concerning the project and the Negative Declaration. The Planning Commission's recommendation represents its independent judgment. SECTION 2. COMMERCIAL PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report (s) and accompanying studies, the Planning Commission has determined that this application, with the attached Special and Standard Conditions of Approval, meets the requirements of the City of Moorpark, Municipal Code Section 17.44.030 in that: \ \mor pri sery \City Share \Community Development \= PMTS \C P D \2002 \01 GreeneWay \Resolutions \pc 030520.doc CC ATTACHMENT 3 000081L Resolution No. PC- 2003 -444 Page 2 A. The proposed use is consistent with the intent and provisions of the city's General Plan, and Title 17 of the Municipal Code, as the proposed project meets or exceeds the Ordinance requirements for setbacks, parking, landscaping, and height, and meets or exceeds the existing General Plan and zoning designation requirements for the property. B. The proposed use is compatible with the character of the surrounding development since architectural elements of the existing buildings, as well as, colors and materials of the existing buildings have been integrated into the proposed project. C. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses as the proposed building colors and architecture is designed to blend in with the other existing commercial buildings and the proposed buildings are located in such a manner so as not to cause problems with the use of the adjacent residential property. D. The proposed use will not be detrimental to the public interest, health, safety, convenience or welfare as it has been conditioned to comply with all applicable local, state and federal governmental regulations. E. The proposed use is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structure(s) have design features which provide visual relief and separation between land uses of conflicting character, in that the design of the project combines the architecture, building materials and textures, landscaping and building colors of the existing adjacent buildings. SECTION 3. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends to the City Council approval of Commercial Planned Development Permit No. 2002 -01, subject to the special and standard Conditions of Approval included in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. SECTION 4. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. ��fu 8� Resolution No. PC- 2003 -444 Page 3 The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 20th day of May, 2003. Kipp A. Landis, Chair ATTEST: Barry K. Hogan Community Development Director Exhibit A - Special and Standard Conditions of Approval 000x83 CITY OF MOORPARK INITIAL STUDY 799 MOORPARK AVENUE MOORPARK, CA 93021 (805) 517 -6200 Project Title: Commercial Planned Development Permit Case No.: CPD 2002 -01 Contact Person and Phone No.: Paul Porter, Principal Planner (805) 517 -6243 Name of Applicant: GreeneWay Development, Inc. Address and Phone No.: 29395 Agoura Road, Suite 204 Agoura, California 91301 (818) 879 -4800 Project Location: Northeast of northeast corner of New Los Angeles Avenue and Spring Road General Plan Designation: C -2 Zoning: CPD Project Description: Commercial Planned Development application, CPD 2002 -01, will establish the design and control of 21,786 square feet of commercial uses in three commercial - retail- restaurant - service buildings which will complete the development of an existing neighborhood shopping center. Surrounding Land Uses and Setting: North: Multi - Family Residential Uses South: Los Angeles Avenue and Commercial Uses East: Multi - Family Residential Uses West: Spring Road and Single- Farrily Commercial Uses Responsible and Trustee Agencies: Caltrans is a responsible agency as any work done on New Los Angeles Avenue will require an Encroachment Permit from Caltrans ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact "or Potentially Significant Unless Mtigated, "as indicated by the checklist on the following pages. CC ATTACHMENT 4 S: \Community Development \DEV PMTS \C P D\2002 1,01 GreeneWay�EnvironmentaAlnitial Study.doc 0 0 9 84 Aesthetics Agricultural Resources Air Quality Biological Resources Cultural Resources Geology /Soils Hazards and Hazardous Materials Hydrology/Water Quality Land Use /Planning Mineral Resources Noise Population /Housing Public Services Recreation Transportationrrraffic Utilities /Service Systems Mandatory Findings of Significance None DETERMINATION: On the basis of this initial evaluation, I find that the proposed project could not have a significant effect on the environment, and a NEGATIVE DECL RATION ill be prepared. Prepared by: Paul Porter Reviewed : arry Hogan Principal Planner m ty Dev to ent Director Date: March 7, 2003 Date: CC ATTACHMENT 4 S: \Community Development \DEV PMTS \C P D\2002 1,01 GreeneWay�EnvironmentaAlnitial Study.doc 0 0 9 84 CPD 2002 -01 GreeneWay Development, Inc. INITIAL STUDY EXHIBIT 1: NEGATIVE DECLARATION Response: The proposed project is an infill commercial project that will enhance the general area through architectural design. The introduction of landscaping to the site will serve to enhance the site. Any lighting for the site will be evaluated and be consistent with the City's lighting ordinance. Sources: Project description, project plans, Ch. 17.30 of the Moorpark Municipal Code. Mitigation: None B. AGRICULTURE RESOURCES — In determining whether impacts to agricultural resources are significant environmental effects, the City of Moorpark may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: 1) Convert Prime Farmland, Unique Farmland, or Farmland X of Statewide Importance (Farmland), as shove on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources agency, to non - agricultural use? 2) Conflict with existing zoning for agricultural use, or a X Williamson Act contract? 3) Involve other changes in the existing environment which, X due to their location or nature, could result in conversion of Farmland, to non - agricultural use? Response: This project is in an urban setting and does not affect agricultural resources. Sources: Project description, project plans Mitigation: None required. S: \Community Development \DEV PMTS \C P D \2002 \01 QeeneWay\Environmental \Initial Studydoc2 000 GISS Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact A. AESTHETICS — Would the project: 1) Have a substantial adverse effect on a scenic vista? X 2) Substantially damage scenic resources, including, but X not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? 3) Substantially degrade the existing visual character or X quality of the site and its surroundings? 4) Create a new source of substantial light or glare which X would adversely affect day or nighttime views in the 1 Response: The proposed project is an infill commercial project that will enhance the general area through architectural design. The introduction of landscaping to the site will serve to enhance the site. Any lighting for the site will be evaluated and be consistent with the City's lighting ordinance. Sources: Project description, project plans, Ch. 17.30 of the Moorpark Municipal Code. Mitigation: None B. AGRICULTURE RESOURCES — In determining whether impacts to agricultural resources are significant environmental effects, the City of Moorpark may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: 1) Convert Prime Farmland, Unique Farmland, or Farmland X of Statewide Importance (Farmland), as shove on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources agency, to non - agricultural use? 2) Conflict with existing zoning for agricultural use, or a X Williamson Act contract? 3) Involve other changes in the existing environment which, X due to their location or nature, could result in conversion of Farmland, to non - agricultural use? Response: This project is in an urban setting and does not affect agricultural resources. Sources: Project description, project plans Mitigation: None required. S: \Community Development \DEV PMTS \C P D \2002 \01 QeeneWay\Environmental \Initial Studydoc2 000 GISS CPD 2002 -01 GreeneWay Development, Inc. Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact C. AIR QUALITY — Would the project: 1) Conflict with or obstruct implementation of the applicable X air quality plan? 2) Violate any air quality standard or contribute x substantially to an existing or projected air quality violation? 3) Result in a cumulatively considerable net increase of any x criteria pollutant for which the project region is non attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? 4) Expose sensitive receptors to substantial pollutant X concentrations? 5) Create objectionable odors affecting a substantial number x of people? Response: The project is estimated to result in approximately 6.39 tons of Nitrogen Oxides per year and 4.52 tons of Reactive Organic Gases per year, mostly from vehicle trip emissions. These levels exceed suggested thresholds of the Ventura County Air Pollution Control District. The applicant will be required as a standard condition of approval to pay a contribution to the City's Transportation System Management fund, reducing this impact to a less than significant level. Sources: Project description, project plans, Air Quality Assessment Guidelines of the Ventura County Air Pollution Control District November 2000, URBEMIS 2001 Air Emissions Model. Mitigation: None required D. BIOLOGICAL RESOURCES — Would the project: 1) Have a substantial adverse effect, either directly or x through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or bythe California Department of Fish and Game or U.S. Fish and Wildlife Service? 2) Have a substantial adverse effect on any riparian habitat x or other sensitive natural community identified in local or regional plans, policies, regulations or bythe California Department of Fish and Game or US Fish and Wildlife Service? 3) Have a substantial adverse effect on federally protected x wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? 4) Interfere substantially with the movement of any native x S: \Community Development \DEV PMTS \C P D\2002 \01 QeeneWay \Environmental \Initial Studydoc3 0 0 0 v 8 V Gre Less Than Potentially Significant Significant With Impact Miti ation CPD 2002 -01 cneWay Development, Inc. Less Than Significant No Impact Impact resident or migratoryfish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? 5) Conflict with any local policies or ordinances protecting x biological resources, such as a tree preservation policy or ordinance? 6) Conflict with the provisions of an adopted Habitat x Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat Response: This project is in an urban location. The project will complete the build -out of an existing neighborhood shopping center. Therefore, it does not affect natural biological resources. Sources: Project description and project plans. Mitigation: None required. E. CULTURAL RESOURCES — Would the project: 1) Cause a substantial adverse change in the significance of x a historic resource as defined in §15064.5? 2) Cause a substantial adverse change in the significance of x an archaeological resource pursuant to §15064.5? 3) Directly or indirectly destroy a unique paleontological x resource or site or unique geologic feature? 4) Disturb any human remains, including those interred x outside of formal cemeteries? Response: The project involves the grading and construction of an existing pad which has been previously cleaned and graded, leaving a remote possibility of cultural resources existing on- site. Sources: Project description and project plans. Mitigation: None required S:\CommunityDevelopment \DEV PMTS \C P D\2002 \01 QeeneWay\Environmental \Initial Studydoc4 00008"1 CPD 2002 -01 GreeneWay Development, Inc. Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact F. GEOLOGY AND SOILS - Would the project: 1) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death Involving: i) Rupture of a known earthquake fault, as delineated on the X most recent Alquist -Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? X iii) Seismic-related ground failure, including liquefaction? X iv) Landslides? x 2) Result in substantial soil erosion or the loss of topsoil? X 3) Be located on a geologic unit or soil that is unstable, or X that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? 4) Be located on expansive soil, as defined in Table 18 -1 -B X of the Uniform Building Code (1994), creating substantial risks to life or property? 5) Have soils incapable of adequately supporting the use of X septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste Response: This project will be built subject to compliance with building codes and compliance with all project conditions of approval. All plans will be subject to the review and approval of the City prior to issuance of building permits. The site is not located in an earthquake fault zone. The site is located on a liquefaction hazard zone. Geotechnical measures will be incorporated into the project design as defined in Public Resources Code 2693 © to mitigate any project impacts. Sources: Project description, soils report, project plans Alquist - Priolo Earthquake Fault Zone Map (Simi Valley West, 1999) Seismic Hazard Zone Map (Simi Valley, 1997) Mitigation: None required. S:\CommunityDevelopment\DEV PMTS \C P D\2002 \01 GeeneWay\Environmental \Initial Studydoc5 000088 CPD 2002 -01 GreeneWay Development, Inc. G. HAZARDS AND HAZARDOUS MATERIALS — Would the project: 1) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? 2) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? 3) Emit hazardous emission or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? 4) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? 5) For a project located within an airport land use plan or, where such a plan has not been adopted, Wthin two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? 6) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? 7) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? 8) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Response: This project does not affect hazards or hazardous materials. Sources: Project description and project plans Mitigation: None required X X X X X X X X H. HYDROLOGY AND WATER QUALITY — Would the project: 1) Violate any water quality standards or waste discharge X requirements? 2) Substantially deplete groundwater supplies or interfere X S:\CommunityDevelopment\DEV PMTS \C P D\2002 \01 GeeneWay\Environmental \Initial Studydoc6 CPD 2002 -01 GreeneWay Development, Inc. substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 3) Substantially alter the existing drainage pattern of the site X or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or of -site? 4) Substantially alter the existing drainage pattern of the site X or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? 5) Create or contribute runof water which would exceed the X capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? 6) Otherwise substantially degrade water quality? X 7) Place housing within a 100 -year flood hazard area as X mapped on a federal Flood Hazard boundary or Flood Insurance Rate Map or other food hazard delineation map? 8) Place within a 100 -year flood hazard area structures which X would impede or redirect flood flows? 9) Expose people or structures to a significant risk of loss, X injury or death involving i) flooding, including flooding as a result of the failure of a levee or dam? :: :.. ,-Ad +;rn h..cuirho fc, innmi nr mudlnw? X Response: All drainage plans are subject to the review and approval of the City Engineer prior to issuance of building permits. Flood hazards will be less -than significant with standard building permit requirements. Sources: Project description and project plans. Mitigation: None required. I. LAND USE AND PLANNING — Would the project: 1) Physically divide an established community? 2) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specifc plan, local coastal program, or inning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? SACommunity Development \DEV PMTS \C P D\2002 \01 GeeneWay\Environmental \Initial Study.doc7 X_ X CPD 2002 -01 GreeneWay Development, Inc. 3) Conflict with any applicable habitat conservation plan or X natural community conservation plan? Response: The project will be constructed consistent with City Policies, Ordinances and consistent with the General Plan. Sources: City of Moorpark General Plan, Zoning Ordinance, project description and project plans. Mitigation: None required. J. MINERAL RESOURCES — Would the project: 1) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? 2) Result in the loss of availability of a locally - important mineral resource recovery site delineated on a local .-1 .,I— n—ifir nInn nr nthar land imp nlan? Response: The project does not affect mineral resources. Sources: Project description, site plans. Mitigation: None required. K. NOISE — Would the project result in: 1) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? 2) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? 3) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? 4) A substantial temporaryor periodic increase in ambient noise levels in the project vicinity above levels existing without the project? 5) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 6) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? X X X X X X X SACommunity Development \DEV PMTS \C P D \2002 \01 QeeneWay\Environmental \Initial Studydoc8 X 010 fil. 91 CPD 2002 -01 GreeneWay Development, Inc. Response: Construction noise will be present, but standard conditions of approval and compliance with the Moorpark Municipal Code will reduce noise to a less -than significant level. Standard requirements include restricting construction hours. Sources: City of Moorpark General Plan, Moorpark Municipal Code. Mitigation: None required L. POPULATION AND HOUSING — Would the project: 1) Induce substantial population growth in an area, either directly ( for example, by proposing new homes and businesses) or indirectly ( for example, through extension of roads or other infrastructure)? 2) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? 3) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X X X Response: This project is an infill commercial project which will serve the needs of the existing residents living in the area. And as such will not stimulate additional population and housing growth. Sources: Project description and project plans Mitigation: None required M. PUBLIC SERVICES 1) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other perbrmance objectives for any of the public services: Fire protection? X Police protection? X Schools? X Parks? X Other public facilities? X S:\CommunityDevelopment \DEV PMTS \C P D\2002 \01 QeeneWay\Environmental \Initial Studydoc9 0 00 G9020 CPD 2002 -01 GreeneWay Development, Inc. Response: Any increase in service levels will be adequately addressed through standard conditions of approval and agency requirements prior to the issuance of an occupancy permit. Sources: Project description and project plans. Mitigation: None required. N. RECREATION 1) Would the project increase the use of existing X neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 2) Does the project include recreational facilities or require X the construction or expansion of recreational facilities which might have an adverse physical effect on the cnvu �,nncua: Response: A parks fee is required as a standard condition to address any demand for parks from the proposed development. Sources: Project description and project plans. Mitigation: None required. O. TRANSPORTATION /TRAFFIC — Would the project: 1) Cause an increase in traffic which is substantial in relation X to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacityratio on roads, or congestion at intersections)? 2) Exceed, either individually or cumulatively, a level of X service standard established by the county congestion management agency for designated roads or highways? 3) Result in a change in air trafic patterns, including either X an increase in traffic levels or a change in location that results in substantial safety risks? 4) Substantially increase hazards due to a design feature X (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? 5) Result in inadequate emergency access? X 6) Result in inadequate parking capacityn X 7) Conflict with adopted policies, plans, or programs X supporting alternative transportation (e.g., bus turnouts, bicycle racks)? S: \Community Development \DEV PMTS \C P D\2002 \01 QeeneWay\Environmental \Initial Studydocl 0 000093 CPD 2002 -01 GreeneWay Development, Inc. Response: The traffic study prepared for this project indicates that the identified traffic implementation measures will offset project - generated traffic impacts. These measures have been incorporated into the project as conditions of approval to reduce project related traffic impacts to a less -than significant level. Prior to issuance of building permits, the project will be reviewed by the City for consistency with the conditions of approval and the approved plans. Sources: Project description, site plans, and City of Moorpark General Plan, Municipal Code. Traffic Impact Study prepared by Linscott, Law and Greenspan Engineers date October 7, 2002.. Mitigation: None required. P. UTILITIES AND SERVICE SYSTEMS — Would the project: 1) Exceed wastewater treatment requirements of the X applicable Regional Water Quality Control Board? 2) Require or result in the construction of new water or X wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 3) Require or result in the construction of new storm water X drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 4) Have sufficient water supplies available to serve the X project from existing entitlements and resources, or are new or expanded entitlements needed? 5) Result in a determination bythe wastewater treatment X provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 6) Be served by the landfill with sufficient permitted capacity X to accommodate the project's solid vAaste disposal needs? 7) Comply with federal, state, and local statutes and X rani Jalinne rr:iatPd to solid veste? Response: The project will comply with applicable agency requirements and policies prior to issuance of building permits, reducing impacts on public services to a less -than significant level. Sources: Project description, project plans Mitigation: None required. S: \Community Development \DEV PMTS \C P D\2002 \01 QeeneWay\Environmental \Initial Studydocl 1 0 Q. MANDATORY FINDINGS OF SIGNIFICANCE 1) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plant or animal or eliminate important examples of the major periods of California history of prehistory? 2) Does the project have impacts that are individuallylimited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental efect of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and effects of probable future projects)? CPD 2002 -01 GreeneWay Development, Inc. X 3) Does the project have environmental efects which will X cause substantial adverse effects on human beings, either directly or indirectly? X Response: This infill commercial project is consistent with the City's General Plan, Municipal Code and other City requirements. Any potential impacts will be reduced to a less -than significant level through the implementation of the City's standard conditions of approval and compliance with applicable building codes and policies and requirements of other affected agencies. Sources: Project description, project plans Earlier Environmental Documents Used in the Preparation of this Initial Study None Additional Project References Used to Prepare This Initial Study One or more of the following references were incorporated into the Initial Studyby reference, and are available for review in the Community Development Office, City Hall, 799 Moorpark Avenue, Moorpark, CA 93021. Items used are referred to by number in the Response Section of the Initial Study Checklist. Environmental Information Form application and materials submitted as part ofthe project description questionnaire at time of project submittal. 2. Comments received from (departments) in response to the Community Development Department's request for comments. 3. The City of Moorpark's General Plan, as amended. 4. The Moorpark Municipal Code, as amended. 5. The City of Moorpark Procedures for the Implementation of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines adopted by Resolution No. 92 -872 S:\Community Development \DEV PMTS \C P D\2002 \01 QeeneWay\Environmental \Initial Studydocl 2 000095 CPD 2002 -01 GreeneWay Development, Inc. 6. Public Resources Code Section 21000 et. seq. and Calibrnia Code of Regulations, Title 14 Section 15000 et. seq. 7. Ventura County Air Quality Assessment Guidelines, November 14, 2000. 8. Geotechnical Report dated May 1, 1996 by Earth Systems Consultants. 9. Drainage Report dated (no date) prepared br Parcel 2 of Parcel Map 5038 prepared by Charles Mikulus of the Haaland Group. SACommunity Development\DEV PMTS \C P D\2002 \01 QeeneWay\Environmental\Initial Study.docl 3 K NEGATIVE DECLARATION CITY OF MOORPARK 799 MOORPARK AVENUE MOORPARK, CA 93021 (805) 517 -6200 9'iEO i The following Negative Declaration has been prepared in accordance with the California Environmental Quality Act of 1970 as amended, the State Guidelines, and the Environmental Procedures of the City of Moorpark. Public Review Period: Project Title /Case No.: CPD 2002 -01 Project Location: Northeast of the northeast corner of New Los Angeles Avenue and Spring Road, Moorpark, Ventura County. (Location Map Attached) Project Description: Commercial Planned Development application, CPD 2002 -01, will establish the design and control of three commercial buildings containing a total of 21,786 square feet which will complete the development of the existing neighborhood shopping center. (Environmental Information Form Attached) Project Type: X Private Project _ Public Project Project Applicant: GreeneWay Development, Inc. 29395 Agoura Road, Suite 204, Agoura, Ca. 91301 Finding: After preparing an Initial Study for the above - referenced project, it is found that there is no substantial evidence, in light of the whole record before the City of Moorpark, that the project may have a significant effect on the environment. (Initial Study Attached) Responsible Agencies Trustee Agencies: Attachments: Caltrans None Location Map Environmental Information Form Initial Study Contact Person: Paul Porter Community Development Department City of Moorpark 799 Moorpark Avenue Moorpark, California, 93021 (805) 517 -6243 SACommunity Development \DEV PMTS \C P D\2002 \01 GreeneWay \Environmental \Negative Declaration.doc 0C�JC�'7 K NEGATIVE DECLARATION p ► O CITY OF MOORPARK 799 MOORPARK AVENUE i v MOORPARK, CA 93021 (805) 5176200 The following Negative Declaration has been prepared in accordance with the California Environmental Quality Act of 1970 as amended, the State Guidelines, and the Environmental Procedures of the City of Moorpark. Public Review Period: Project Title /Case No.: CPD 2002 -01 Project Location: Northeast of the northeast corner of New Los Angeles Avenue and Spring Road, Moorpark, Ventura County. (Location Map Attached) Project Description: Commercial Planned Development application, CPD 2002 -01, will establish the design and control of three commercial buildings containing a total of 21,786 square feet which will complete the development of the existing neighborhood shopping center. (Environmental Information Form Attached) Project Type: X Private Project _ Public Project Project Applicant: GreeneWay Development, Inc. 29395 Agoura Road, Suite 204, Agoura, Ca. 91301 Finding: After preparing an Initial Study for the above - referenced project, it is found that there is no substantial evidence, in light of the whole record before the City of Moorpark, that the project may have a significant effect on the environment. (Initial Study Attached) Responsible Agencies: Trustee Agencies: Attachments Caltrans None Location Map Environmental Information Form Initial Study Contact Person: Paul Porter Community Development Department City of Moorpark 799 Moorpark Avenue Moorpark, California, 93021 (805) 517 -6243 SACommunity Development\DEV PMTS \C P D\2002 \01 GreeneWay \Environmental \Negative Declaration.doc 0 ! 0 G 918 X99 0 0 H 0 2 z H LTI :00 AS' L L Vt 7 - — -- — -- — -- — - :-:-XI 1 KEYNOTES L El v j 4,4 . . ........... lyryl PROJECTDATA . . . . . . . .. ........ ss ........... SrARRUCKS PARKM SUMMARY vY NEW LOS ANGELES AVENUE T low", ; 5'sw6t- --., - . . . . . . . . ... . . . ............ ...... ........... . . . .......... . ......... Pittman MOORPARK SPRINGS SHOPPING CENTER GTZFLJNElVAY devel.pm..t, io., afaup NEW LOS ANGELES AVE. & SPRING ROAD 2�,! � Ay ,,q R�,,,' S,!, �014 �w.• CA S13', MOORPARK, CA 93021 LARRY WSC rols) 8n)-4m :Po 1-3 1-3 0 DO w 0 0 z t1i 0 ro 0 :00 to t1i I 000., p� lo! amp 0 Uy aQa CONCEPTUAL PLAN 0 0 Ul 0 t1i C3 H z a z tlj t-4 tzj 0 z (1) UK- �om A hr 7 440 11" "Qs mk%!?4 WMT ELEVATION los 11" � KEYNOTES FINISH NOTES . . .......... . .... . . . . . . . . L Ca=A '(DD 11" "Qs mk%!?4 WMT ELEVATION los 11" � Pffftnon MOORPARK SPRINGS SHOPPING CENTER GREENEWAY d—l.p—f'. , 4'0" NEW LOS ANGELES AVE. & SPRING ROAD MM Aq— R-o - $,R. Amh'ttatir� Aq-r. :!;., CA 0- -1 =1 �'=wlll LARRY GREENE (810) $10-480D m �- - MOORPARK, CA 93021 KEYNOTES FINISH NOTES Ca=A '(DD Pffftnon MOORPARK SPRINGS SHOPPING CENTER GREENEWAY d—l.p—f'. , 4'0" NEW LOS ANGELES AVE. & SPRING ROAD MM Aq— R-o - $,R. Amh'ttatir� Aq-r. :!;., CA 0- -1 =1 �'=wlll LARRY GREENE (810) $10-480D m �- - MOORPARK, CA 93021 0 0 z 1-3 Ul tj t1i 0 H Z a RE tai L-4 0 Z U) v J, - W 'I' BLCVAT"l (D-IjUll - IVAT�IN KEYNOTES JK (OD - 111�Al Pitiman MOORPARK SPRINGS SHOPPING CENTER GREENEWAY I NEW LOS ANGELES AVE. & SPRING ROAD AS >R .-' fc CA L- 201 Architects �s, MOORPARK, CA 93021 Lm", "MFIE (Big) $74,800 gs,ll ®! ® Eli - 111�Al Pitiman MOORPARK SPRINGS SHOPPING CENTER GREENEWAY I NEW LOS ANGELES AVE. & SPRING ROAD AS >R .-' fc CA L- 201 Architects �s, MOORPARK, CA 93021 Lm", "MFIE (Big) $74,800 0 0 0 N z 1-3 Ln Vi w 0 H t-I U H Z a t1i L-4 tzi H 0 z CD . .......... ....... . . �'j ea. imam 9�99LO.SX.L1410 ............ w KEYNOTES 0.:: . — — — — (D (OD co= @1-- FiNfSH NOTES ..._ Pittman MOORPARK SPRINGS SHOPPING CENTER GREENEIVINy NEW LOS ANGELES AVE. & SPRING ROAD ArehRaets -4 MOORPARK, CA 93021 GREME (818) 879 800 ITEM 9 • B . of -aoe3 ACT Kc MOORPARK CITY COUNCIL�0 AGENDA REPORT TO: The Honorable City Council (74— FROM: Kenneth C. Gilbert, Director of Public Works DATE: May 23, 2003 (CC Meeting 6 -4 -03) SUBJECT: Consider Final Review and Changes to the Engineer's Report for Landscaping and Lighting Maintenance Assessment Districts, Adoption of a Resolution Confirming the Assessments for Fiscal Year 2003/2004 SUMMARY This presents for approval a Resolution [Ex. 1] making changes, if any, to the Engineer's Report for the City's Landscaping and Lighting Maintenance Assessment Districts and confirming the assessment and levy amounts for Fiscal Year 2003/04. BACKGROUND On February 19, 2003, the City Council adopted Resolution No. 2003 -2051 directing the preparation of an Engineer's Report for the City's Landscaping and Lighting Maintenance Assessment Districts for FY 03/04. On May 7, 2003, the City Council adopted Resolution No. 2003 -2080 approving that report and setting June 4, 2003, as the date of a public hearing to consider the approval of the assessment and levy amounts provided for in said report. DISCUSSION A. History In 1984, a Landscaping & Lighting Maintenance Assessment District (AD 84 -2) was created to fund costs associated with citywide street lighting and landscape maintenance. This was a successor to the District enacted by the County of Ventura prior to the incorporation of the City. In 2001, three (3) new Landscaping & Lighting Maintenance Assessment Districts (AD01- 1, AD01 -2 & AD01 -3) were formed at the request of the owner / developer of the affected properties. 000105 AD-03-04—approve Landscaping & Lighting Assessment Districts Confirm Assessments May 23, 2003 Page 2 B. Citywide Lighting & Landscaping Assessment District AD84 -2 provides for the levy of an assessment upon all of the parcels in the City, to fund street lighting energy and maintenance costs. There is also a separate assessment to fund maintenance and improvement costs for certain designated landscaped parkways and medians. C. Zones & Sub - Districts In addition, a number of Zones and Sub - Districts have been established to levy additional assessments upon the lots within those areas, to fund the maintenance and improvement of certain designated improvements within or adjacent to those areas. D. Annual Review As part of the annual budget process, the City Council considers whether or not to renew the subject Assessment Districts and levy assessments for the upcoming fiscal year. In preparation for that consideration, it is necessary to prepare an Engineer's Report setting forth certain relevant information pertaining to such an action. E. Improvements to be Maintained The improvements and maintenance funded by the Assessment Districts is generally described as follows: • Citywide District: a. Street Lighting: Street lighting energy and maintenance costs. b. Landscape Maintenance: The maintenance of certain designated parkways and medians. c. Zones: 1 Pecan Ave. [T -2851] 2 Steeple Hill Area [T -2865] * ** 3 Buttercreek /Peppermill [T -3032] 4 Williams Ranch Rd. [T -3274] 5 Pheasant Run Area [T -3019 & T -3525] * ** 6 Inglewood St. [T -3306] 7 Moorpark Business Park (L. A. Ave & Gabbert Rd.) 8 Home Acres Buffer 9 Moorpark Industrial Park (Condor Dr.) 10 Mountain Meadows (PC -3) * ** 11 Alyssas Ct. [T -4174] 12 Carlsberg Specific Plan Area 13 Unassigned d. Sub- Districts 14 Wilshire Builders [T -5201] 15 Toll Brothers [T -4928] 041-11 0 10 G AD-03-04—approve Landscaping & Lighting Assessment Districts Confirm Assessments May 23, 2003 Page 3 16 Cabrillo [T -5161] * ** * ** Landscape and Drainage Maintenance F. FY 2003/04 Assessment Amounts The assessment amounts proposed for FY03 /04, as set forth in the Engineer's Report, are summarized as follows: Total Per Lot Assessment Assessment Landscape Maintenance US &Drainage Maint. Description Amount ($) Number Amount ($) Number Amount ($) Citywide 20.84 Streeet Lighting 221,956.00 Landscaping 164,632.00 17.24 38 08 Sub -Total 386,588.00 1. Tract 2851 9,702.00 2. Tract 2865 Landscaping 72,439.00 Drainage 1,400.00 3. Tract 3032 4. Tract 3274 5. T 3019/3525 Landscaping Drainage 6. Tract 3306 7. NE L. A. Ave / Gabbert Rd 8. Buffer: City Buffer: Home Acres 9. Condor Drive 10. PC -3: L/S - Comm. Prop. L/S - Residential Drainage 11. Tract 4174 12. Carlsberg - Residential Com. / Ind. Institutional 13. Unassigned 14. Tract 5201 (Wilshire) 15. Tract 4928 (Toll): Res Golf Course [33 %] 16. T 5161 Landscaping Drainage / J,UJ.7.vv 3,079.00 6,383.00 23,340.00 500.00 23,840.00 924.00 11,298.00 7,669.00 7,574.00 1,356.00 7,216.06 187,063.98 7,251.96 201,532.00 3,040.00 227,301.94 11,318.84 5,307.87 243,928.65 1,249.00 322,107.06 165,933.94 488,041.00 13,531.00 7,940.00 21,470.00 Total 1,491,512.65 22 91.74 ac 498 201 49.44 ac 11.23 ac 1,775 9 536 73.72 ac 3.84 ac 10 216 42.00 123.15 ac 15.40 37.68 27.43 ac 642.57 ac 76.54 337.78 424.07 153.54 1,382.26 124.90 1,491.24 165,933.94 48 145.63 75 114.22 669 87.38 59 363.90 AD-03-04-approve 0 ly9107 75 129.36 574 116.46 265 11.62 129 49.48 142 107.56 22 91.74 ac 498 201 49.44 ac 11.23 ac 1,775 9 536 73.72 ac 3.84 ac 10 216 42.00 123.15 ac 15.40 37.68 27.43 ac 642.57 ac 76.54 337.78 424.07 153.54 1,382.26 124.90 1,491.24 165,933.94 48 145.63 75 114.22 669 87.38 59 363.90 AD-03-04-approve 0 ly9107 Landscaping & Lighting Assessment Districts Confirm Assessments May 23, 2003 Page 4 G. Method of Assessment The method used to establish the above assessment amounts is set forth in the Engineer's Report. This method (benefit spread formula, etc.) is unchanged from prior years. H. District 16 Petition Waiver In October of 2002, the City Council accepted and approved a Petition and Waiver from the owner(s) of the properties within District 16 [Cabrillo Economic Development Corporation] to increase the scope of the improvements and the assessment amounts for District 16. The approved changes to the assessment amounts are summarized as follows: These revised assessment amounts for District 16 are reflected in the assessment summary set forth in Section F of this report. I. Cost of Living Adjustment Pursuant to language set forth in the formation documents for Zone 12 and Districts 14, 15 and 16, the annual assessments for these Zones /Districts may be increased annually to cover cost - of- living increases. The assessment amounts set forth in Section F include these COLA Adjustments. The adjusted assessment amounts for the above mentioned Zones /Districts as set forth in the Engineer's Report and the attached Resolution, are summarized as follows: Prior Annual C.O.L.A. Revised Annual Assessment Change Assessment Description Amount [Incl. COLA] Amount Landscaping $2,919.63 $10,611.71 $13,531.34 Drainage $7,656.38 $283.29 $7,939.66 Total $10,576.01 $10,894.99 $21,471.00 Number of Lots 59 $148.06 59 Per Lot Assessment $179.25 12 - Institutional $363.92 These revised assessment amounts for District 16 are reflected in the assessment summary set forth in Section F of this report. I. Cost of Living Adjustment Pursuant to language set forth in the formation documents for Zone 12 and Districts 14, 15 and 16, the annual assessments for these Zones /Districts may be increased annually to cover cost - of- living increases. The assessment amounts set forth in Section F include these COLA Adjustments. The adjusted assessment amounts for the above mentioned Zones /Districts as set forth in the Engineer's Report and the attached Resolution, are summarized as follows: AD-03-04—approve 0 0 3110 8 FY 02/03 C.O.L.A. FY 03/04 Per Unit [Ac.] Adjustment Per Unit [Ac.] Total Assessment Amount Assessment FY 03/04 Zone /District Amount [3.7 %] Amount Assessment 12 - Residential $408.94 $15.13 $424.07 $227,301.94 12 - Commercial $148.06 $5.48 $153.54 $11,318.84 12 - Institutional $1,332.94 $49.32 $1,382.26 $5,307.87 $243,928.65 14 $120.48 $4.46 $124.94 $1,249.38 15 $1,452.56 $53.74 $1,506.30 $488,042.73 16 « « « « « « «< See Section H » » » » » » » » » » »> AD-03-04—approve 0 0 3110 8 Landscaping & Lighting Assessment Districts Confirm Assessments May 23, 2003 Page 5 J. Improvement Reserve Ceiling The Engineer's Report provides for a Capital Reserve Account for each Zone or District. Consistent with past City Council action, the Engineer's Report stipulates that the Capital Reserve Account for any Zone or District should not exceed an amount equal to three (3) times the annual operating budget for that Zone or District. Should the projected Year -End Fund Balance for any Zone /District exceed that "ceiling ", the amount of the assessment to be levied upon the affected properties shall be reduced to a lesser amount determined by the Assessment Engineer to be consistent with these guidelines. K. Decreased Levy Amounts Pursuant to the above policy, the amounts to be levied upon the parcels in certain Zones /Districts shall be less than the assessment amount set forth in Section F above. A summary of those adjustments is as follows: Zone/ Beginning District Balance 1 $22,573 11 $6,657 12 $451,247 Three Years Total Total Annual Assessment Levy Expenses Amount Amount $12,630 $9,702.00 $970.00 $2,460 $3,040.00 $304.00 $499,746 $243,928.65 $197,081.00 Remarks Ten Percent of Assessment Ten Percent of Assessment 81% of Assessment Note: The above recommended levy amounts are less than the approved assessment amounts set forth in Section F above. L. Assessment Amounts Unchanged Except as noted above, the assessment amounts set forth in the subject Engineer's Report are the same as the assessments approved last year. Any action to otherwise increase these assessments may not be taken without first seeking approval of such an increase via a mail ballot prepared and processed in accordance with the requirements of Proposition 218. M. Engineer's Report: Changes The Engineer's Report was distributed to the City Council prior to the May 7, 2003, City Council meeting. There are no changes proposed by staff, to be made to that Engineer's Report. 00.3109 AD-03-04—approve Landscaping & Lighting Assessment Districts Confirm Assessments May 23, 2003 Page 6 N. Fund Activit Attached as Exhibit 2 are charts showing fund activity for all Zones /Districts for FY01 /02 through FY03 /04. Page 4 of Exhibit 2 shows certain details with respect to the Reserve Fund Ceilings and the assessment vs. recommended levy amounts for FY03 /04. 0. Fund Deficits 1. Last Fiscal Year: For several years prior to FY 01/02, a few of the Assessment District Funds had been carrying a year- end deficit. It was noted by staff that the deficit for Citywide Street Lighting was growing. In June of 2002 the City Council approved certain fund transfers to correct this problem. In November 2002, action was taken to adjust those subsidies to the actual amounts necessary to "zero -out" the FY 01/02 year -end deficits. A summary of those actions is as follows: FY 02/03 From From Transfer to: Gas Tax General Fund Total Fund Fund 2605 Fund 1000 Transfer Amt. 2300 - Lighting $64,284.00 $0.00 $64,284.00 2304 - Zone 4 $18.00 $18.00 $36.00 2305 - Zone 5 [L/S1 $12,112.00 $12,112.00 $24,224.00 2307 - Zone 7 $1,614.00 $1,614.00 $3,228.00 2309 - Zone 9 $284.00 $284.00 $568.00 Total $78,312.00 $14,028.00 $92,340.00 2. FY 02103 Year -End Projection: As reflected on Page 2 of Exhibit 2, it is anticipated that certain Zones / Districts will again show a deficit at the end of FY 02/03. A summary of those anticipated deficits is as follows: FY02 /03 FY02 /03 Beginning Ending Fund Balance Revenue Expenses Balance 2300 - Lighting ($24,284.00) $241,416.00 $255,000.00 ($37,868.00) 2307 - Zone 7 ($129.00) $11,427.00 $13,000.00 ($1,702.00) 2309 - Zone 9 $433.00 $917.00 $2,100.00 ($750.00) Total ($23,980.00) $253,760.00 $270,100.00 ($40,320.00) 0('119i$0 AD-03-04—approve Landscaping & Lighting Assessment Districts Confirm Assessments May 23, 2003 Page 7 3. November 2003 Correction: The above summary is just an estimated projection. The exact amounts of the FY 02/03 year -end deficits for the Assessment District Funds, will not be known until the books are closed and audited. Accordingly, it is recommended below that staff be directed to bring to the City Council in November 2003, a Resolution approving certain appropriations to "zero -out" the actual amounts of those FY 02/03 year -end deficits. Using the funding approach utilized last year, and the estimated amounts noted above, that action would appear as follows: FY 02/03 From From Transfer to: Gas Tax General Fund Total Fund Fund 2605 Fund 1000 Transfer Amt. 2300 - Lighting $37,868.00 $0.00 $37,868.00 2307 - Zone 7 $851.00 $851.00 $1,702.00 2309 - Zone 9 $375.00 $375.00 $750.00 Total $39,094.00 $1,226.00 $40,320.00 4. FY 03104 Projection: As noted on Exhibit 2, page 3, it is anticipated that there will be year -end deficits for the Assessment District Funds again at the end of FY 03/04. An action in November 2004, similar to the one described above, is summarized as follows: FY 02/03 Transfer to: Fund 2300 - Lighting 2307 - Zone 7 2309 - Zone 9 Total P. Public Hearing From From Gas Tax General Fund Total Fund 2605 Fund 1000 Transfer Amt. $53,044.00 $0.00 $3,051.00 $3,051.00 $450.00 $450.00 $56,545.00 $3,501.00 Zg)3,U44.UU $6,102.00 $900.00 $60,046.00 The "Landscaping and Lighting Act of 1972" (Streets and Highways Code) requires a public hearing to be held prior to the annual levy of assessments for the purpose of receiving input and to hear any protests to the proposed assessments. Per Resolution No. 2003 -2080, the public hearing to consider the levy of the subject assessments for FY 2003/04 was set for June 4, 2003. A copy of that Resolution, which served as the public hearing notice, was published and posted in accordance with the requirements of law. AD-03-04—approve 00 9:111 Landscaping & Lighting Assessment Districts Confirm Assessments May 23, 2003 Page 8 STAFF RECOMMENDATION (Roll Call Vote It is the recommendation of staff that the City Council open the public hearing, receive testimony, close the public hearing, and then take the following actions: 1. Adopt Resolution No. 2003- (Exhibit 1) making certain changes to and confirming the assessments for Fiscal Year 2003/04. 2. Direct staff that, for certain Zones / Districts, the amount of the assessment to be levied upon the affected properties shall be a reduced amount as generally set forth in Section K of this report. 3. Direct staff to present to the City Council in November, 2003, a Resolution amending the FY 03/04 Budget to fund certain Fund transfers necessary to eliminate actual FY 02/03 year -end Fund deficits for the Assessment District Funds. Attachments: Exhibit 1: Exhibit 2: AD-03-04—approve Resolution Fund Activity Charts 0 01 fl) 11110-20 Exhibit 1 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT AND ORDERING LEVY OF ASSESSMENT FOR FISCAL YEAR 2003/04 FOR THE CITY OF MOORPARK LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS WHEREAS, by Resolution No. 2003 -2051, the City Council ordered the preparation of an Engineer's Report for the City's Landscaping and Lighting Maintenance Assessment Districts (the "Assessment Districts ") for fiscal year 2003- 04; and WHEREAS, pursuant to said Resolution, the Engineer's Report ( "Report ") was prepared by Shilts Consultants, Inc., Engineer of Work, in accordance with Section 22565, et. seq., of the Streets and Highways Code and Article XIIID of the California Constitution; and WHEREAS, by Resolution No. 2003 -2080 the City Council preliminarily approved the Engineer's Report for said Districts and set a date for a Public Hearing; and WHEREAS, said report was duly made and filed with the City Clerk and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that the report should stand as the Engineer's Report for all subsequent proceedings under and pursuant to the aforesaid resolution, and that June 4, 2003, at the hour of 6:30 p.m. in the Council Chambers, located at 799 Moorpark Avenue, Moorpark, California 93021, were appointed as the time and place for a hearing by this Council on the question of the levy of the proposed assessment, notice of which hearing was given as required by law; and WHEREAS, at the appointed time and place the hearing was duly and regularly held, and all persons interested and desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to the levy were fully heard and considered by the Council, and all oral statements and all written protests or communications were duly heard, considered and overruled, and this council thereby acquired jurisdiction to order the levy and the confirmation of the diagram and assessment prepared by and made a part of the Engineer's Report to pay the costs and expenses thereof. 0 (313:11-3 Resolution No. 2003 - Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The public interest, convenience and necessity require that the levy be made. SECTION 2. The Assessment Districts benefited by the improvements and assessed to pay the costs and expenses thereof, and the exterior boundaries thereof, are as shown by a map thereof filed in the office of the City Clerk, which map is made a part hereof by reference thereto. SECTION 3. The Engineer's Report as a whole and each part thereof, to wit: (a) the Engineer's estimate of the itemized and total costs and expenses of maintaining the improvements and of the incidental expenses in connection therewith; (b) the diagram showing the Assessment Districts, plans and specifications for the improvements to be maintained and the boundaries and dimensions of the respective lots and parcels of land within the Assessment Districts; and (c) the assessment of the total amount of the cost and expenses of the proposed maintenance of the improvements upon the several lots and parcels of land in the Assessment Districts in proportion to the estimated special benefits to be received by such lots and parcels, respectively, from the maintenance, and of the expenses incidental thereto; are finally approved and confirmed. SECTION 4. Final adoption and approval of the Engineer's Report as a whole, and of the plans and specifications, estimate of the costs and expenses, the diagram and the assessment, as contained in the report as hereinabove determined and ordered, is intended to and shall refer and apply to the report, or any portion thereof as amended, modified, or revised or corrected by, or pursuant to and in accordance with, any resolution or order, if any, heretofore duly adopted or made by this Council. SECTION 5. The assessment to pay the costs and expenses of the maintenance of the improvements for fiscal year 2003 -04 is hereby levied. For further particulars pursuant to the provisions of the Landscaping and Lighting Act of 1972, reference is hereby made to the Resolution Directing Preparation of Engineer's Report. Resolution No. 2003 - Page 3 SECTION 6. Based on the oral and documentary evidence, including the Engineer's Report, offered and received at the hearing, this Council expressly finds and determines (a) that each of the several lots and parcels of land will be specially benefited by the maintenance of the improvements at least in the amount if not more than the amount, of the assessment apportioned against the lots and parcels of land, respectively, and (b) that there is substantial evidence to support, and the weight of the evidence preponderates in favor of, the aforesaid finding and determination as to special benefits. SECTION 7. Immediately upon the adoption of this resolution, but in no event later than the third Monday in August following such adoption, the City Clerk shall file a certified copy of the diagram and assessment and a certified copy of this resolution with the Auditor of the County of Ventura. Upon such filing, the County Auditor shall enter on the County assessment roll opposite each lot or parcel of land the amount of assessment thereupon as shown in the assessment. The assessments shall be collected at the same time and in the same manner as County taxes are collected and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments. After collection by the County, the net amount of the assessments, after deduction of any compensation due the County for collection, shall be paid to the City of Moorpark Landscaping and Lighting Maintenance Assessment Districts. SECTION 8. Upon receipt of the moneys representing assessments collected by the County, the County shall deposit the moneys in the City Treasury to the credit of the improvement funds previously established under the distinctive designation of the Assessment Districts. Moneys in the improvement funds shall be expended only for the maintenance, servicing, construction or installation of the improvements. SECTION 9. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 4" day of June, 2003. ATTEST: Patrick Hunter, Mayor Deborah S. Traffenstedt, City Clerk 0 0 9.11 L 5 Landscape / Lighting Assessment Districts Fund Activity: FY01 /02 Page 1 of 4 [File: adfunds_03_04] 4/21/2003 Exp. Total Available Less Ending Revenue Expenses Less Expenses Reserve Balance (24,284) Beginning Rev. 7901 173,616 105,904 Total Fund Description Balance Code Assmnt Misc Interest Revenue 256,766 2300 Lighting (11,076) 3100 216,766 > 40,000 7901 Landscaping 126,519 3102 144,347 8902 8,654 153,001 409,767 115,443 361,113 40,000 8,654 2301 Zone 1 9,499 3102 9,719 47,207 476 10,195 2302 Zone 2: US 67,540 3102 70,216 (2,678) 3,763 71,301 (1,999) Zone 2: Drains 3,381 3103 1,403 (35) 1,403 34,010 Zone 2: Improvements 33,472 3101 6,230 2,678 1,740 8,908 81,612 104,393 77,849 0 3,763 2303 Zone 3 1,724 3102 3,084 (1,088) 67 3,151 2304 Zone 4 (689) 3102 6,394 12,270 12 6,406 2305 Zone 5: US (13,596) 3102 23,382 > 30,000 7901 53,382 95,062 Zone 5: Drains 1,473 3103 501 24,017 (24,017) 501 53,883 (12,123) 23,883 30,000 0 2306 Zone 6 1,202 3102 925 0 175 1,100 2307 Zone 7 (260) 3102 11,318 > 3,100 24 14,442 2308 Zone 8 8,110 3102 15,270 427 373 15,643 2309 Zone 9 (7) 3102 1,352 > 1,000 4 2,356 2310 Zone 10: US 101,456 3102 194,624 7,500 5,248 199,872 Zone 10: Drains 18,052 3103 7,265 7,265 207,137 119,508 201,532 0 5,248 2311 Zone 11 4,874 3102 3,041 215 3,256 2312 Zone 12 165,339 3102 238,870 8,702 247,572 2313 Zone 13 5,752 3102 (4,517) 204 (4,313) 1,052,207 Sub -Total AD 84 -2 522,765 954,350 69,583 27,917 2314 AD01 -1 Wilshire Builder: (450) 3102 1,180 1,180 2315 AD01 -2 Toll Bros 1,259 3102 460,948 45 460,993 2316 AD01 -3 Cabrillo: US 1,412 3102 2,859 52 2,911 AD01 -3 Cabrillo: Drains 3103 7,500 7,500 10,411 1 1,412 10,359 0 52 Page 1 of 4 [File: adfunds_03_04] 4/21/2003 Exp. Total Available Less Ending Code Expenses Less Expenses Reserve Balance (24,284) 8901 269,974 (24,284) 7901 173,616 105,904 (105,904) 0 443,590 81,620 (105,904) (24,284) 7901 3,350 16,344 (16,344) 0 7901 55,415 83,426 (83,426) 0 8902 25 4,759 (4,759) 0 0 0 8019 47,207 (4,827) (4,827) 102,647 (4,827) 83,358 (88,185) 7901 2,876 1,999 (1,999) 0 7901 5,752 (35) (35) 7901 34,010 5,776 (5,776) 0 8902 234 1,740 (1,740) 0 7,516 (7,516) 0 34,244 7901 1,214 1,088 (1,088) 0 7901 14,311 (129) (129) 7901 12,270 11,483 (11,483) 0 7901 1,916 433 (433) 0 7901 206,266 95,062 (95,062) 0 8902 1,300 24,017 (24,017) 0 119,079 (119,079) 0 207,566 7901 1,118 7,012 (7,012) 0 7901 101,722 311,189 (311,189) 0 7901 1,439 0 0 640,957 (670,232) (29,275) 934,015 7901 427 303 (303) 0 7901 0 462,252 (462,252) 0 7901 0 4,323 (4,323) 0 8902 0 7,500 (7,500) 0 0 11,823 (11,823) 0 Total I 524,986 I 1,426,837 69,583 28,014 I 1,524,791 I 934,442 I 1,115,335 (1,144,610) I (29,275) > Transfer June 2002 Landscape /Lighting Assessment Districts Fund Activity: FY02 /03 Page 2 of 4 (File: adfunds_03_041 4/21/2003 11 -Rev. Revenue Total Exp. Total Available Less Ending Fund Description Beginning Balance Code Assmnt Misc Interest Revenue Code Expenses Less Expenses Reserve Balance (37,868) (37,868) 2300 Lighting (24,284) 3100 217,132 > 24,284 241,416 8901 255,000 7,315 0 Improvements Landscaping 7,315 98,589 3102 159,803 1,000 160,803 8033 7901 125,000 134,392 (134,392) (37,8680) 81,620 376,935 24,284 1,000 402,219 380,000 103,839 (134,392) 2301 Zone 1 16,344 3102 9,702 527 10,229 7901 4,000 22,573 (22,573) 2302 Zone 2: US 83,426 3102 66,209 A 1,403 2,249 69,861 7901 46,000 258 107,287 5,901 (107,287) (5,901) 0 0 Zone 2: Drains 4,759 3103 1,400 1,400 4,827 8902 8019 0 0 0 Zone 2: Improvements ( 4,827 ) 3101 6,230 A (1,403) 0 2,249 76,088 65,445 113,188 (113,188) 0 83,358 73,839 2303 Zone 3 1,999 3102 3,079 100 3,179 7901 7901 2,300 5,000 2,878 1,383 (2,878) (1,383) 0 0 2304 Zone 4 (35) 3102 6,383 > 35 6,418 2305 Zone 5: US 0 5,776 3102 23,340 > (5,776) 17,564 7901 3,100 272 2,240 1,968 1 (,240) (1,968) (1 0 0 Zone 5: Drains 1,740 3103 500 23,840 (5,776) 500 18,064 8902 3,372 22,208 (22,208) 0 0 7,516 2306 Zone 6 1,088 3102 924 161 1,085 11,427 7901 7901 1,200 13,000 973 (1,702) (973) 0 (1,702) 2307 Zone 7 (129) 3102 11,298 15,243 > 129 209 15,452 7901 11,000 15,935 (15,935) 0 2308 Zone 8 11,483 433 3102 3102 1,350 > (433) 917 7901 2,100 (750) (750) 2309 Zone 9 2310 Zone 10: US 95,062 3102 194,280 4,676 198,956 7901 8902 200,000 3,261 94,018 28,008 (94,018) (28,008) 0 0 Zone 10: Drains 24,017 3103 7,252 201,532 0 4,676 7,252 206,208 258,437 122,026 (122,026) 0 119,079 2311 Zone 11 7,012 3102 304 < 241 11,610 545 250,058 7901 7901 900 110,000 6,657 451,2470 (6,657) (451,247) 0 0 2312 Zone 12 311,189 3102 238,448 0 7901 0 2313 Zone 13 Sub -Total AD 84 -2 0 3102 962,877 18,239 20,773 1,001,889 856,754 860,455 (893,460) (40,320) 640,957 2314 AD01 -1 Wilshire Builder: 303 3102 1,180 1,180 476,332 7901 7901 0 0 1,483 938,584 (1,483) (938,584) 0 0 2315 AD01 -2 Toll Bros 462,252 3102 461,354 14,978 2316 AD01 -3 Cabrillo: US 4,323 3102 3,076 378 3,454 7901 8902 0 0 7,777 15,000 (7,777) (15,000) 0 0 AD01 -3 Cabrillo: Drains 7,500 3103 7,500 0 0 378 7,500 10,954 0 22,777 (22,777) 0 11,823 10,576 Total 1,115,335 1,435,987 18,239 36,129 1,490,355 856,754 1,823,299 (1,856,304) (40,320) Est Transfer pi A: Surplus to go to US > Transfer Nov 2002 Nov 2003 N < Levy Amount Less Than Assessment Amount 11 Landscape /Lighting Assessment Districts Fund Activity: FY03 /04 Total 1,823,299 1,433,197 40,320 53,732 Page 3 of 4 [File: adfunds_03_041 4121/2003 Total Exp. Total Available Less Revenue Ending Revenue Code Beginning Rev......._ Reserve Balance Fund Description Balance Code Assmnt Misc Interest 2300 Lighting (37,868) 3100 221,956 > 37,868 0 164,632 Improvements 7,315 106,024 (106,024) 0 424,456 Landscaping 134,392 3102 164,632 (53,044) 1,470 7901 103,839 19,833 386,588 37,868 0 2301 Zone 1 22,573 3102 970 < 500 2302 Zone 2: US 107,287 3102 72,439 3,000 0 Zone 2: Drains 5,901 3103 1,400 0 76,839 Zone 2: Improvements 0 3101 0 0 3,179 7901 113,188 3,607 73,839 0 3,000 2303 Zone 3 2,878 3102 3,079 100 2304 Zone 4 1,383 3102 6,383 0 2305 Zone 5: US 20,240 3102 23,340 0 23,840 Zone 5: Drains 1,968 3103 500 0 1,056 7901 22,208 709 23,840 0 0 2306 Zone 6 973 3102 924 132 2307 Zone 7 (1,702) 3102 11,298 > 1,702 0 2308 Zone 8 15,935 3102 15,243 100 2309 Zone 9 (750) 3102 1,356 > 750 0 2310 Zone 10: US 94,018 3102 194,280 600 202,132 Zone 10: Drains 28,008 3103 7,252 0 604 7901 122,026 6,441 201,532 0 600 2311 Zone 11 6,657 3102 304 < 300 2312 Zone 12 451,247 3102 197,081 < 18,000 2313 Zone 13 0 3102 (929,711) (60,045) 1,249 Sub -Total AD 84 -2 860,455 1,642 922,437 40,320 22,732 2314 Z -14: Wilshire Builders 1,483 3102 1,249 0 2315 Z -15: Toll Bros 938,584 3102 488,041 30,000 2316 Z -16: Cabrillo: US 7,777 3102 13,970 1,000 22,470 Z -16: Cabrillo: Drains 15,000 3103 7,500 0 1,527,249 22,777 1,939,209 21,470 0 1,000 Total 1,823,299 1,433,197 40,320 53,732 Page 3 of 4 [File: adfunds_03_041 4121/2003 Total Exp. Total Available Less Ending Revenue Code Expenses Less Expenses Reserve Balance 259,824 8901 275,000 (53,044) (53,044) 7,315 (7,315) 0 164,632 7901 193,000 106,024 (106,024) 0 424,456 468,000 60,295 (113,339) (53,044) 1,470 7901 4,210 19,833 (19,833) 0 75,439 7901 58,700 124,026 (124,026) 0 1,400 8902 258 7,043 (7,043) 0 0 8019 0 0 0 76,839 58,958 131,069 (131,069) 0 3,179 7901 2,450 3,607 (3,607) 0 6,383 7901 5,100 2,666 (2,666) 0 23,340 7901 33,200 10,380 (10,380) 0 500 8902 272 2,196 (2,196) 0 23,840 33,472 12,576 (12,576) 0 1,056 7901 1,320 709 (709) 0 13,000 7901 17,400 (6,102) (6,102) 15,343 7901 20,250 11,028 (11,028) 0 2,106 7901 2,255 (899) (899) 194,880 7901 192,200 96,698 (96,698) 0 7,252 8902 3,261 31,999 (31,999) 0 202,132 195,461 128,697 (128,697) 0 604 7901 820 6,441 (6,441) 0 215,081 7901 166,582 499,746 (499,746) 0 0 7901 0 0 0 985,489 976,278 869,666 (929,711) (60,045) 1,249 7901 1,090 1,642 (1,642) 0 518,041 7901 412,500 1,044,125 (1,044,125) 0 14,970 7901 13,971 8,776 (8,776) 0 7,500 8902 7,500 15,000 (15,000) 0 22,470 21,471 23,776 (23,776) 0 1,527,249 1,411,339 1,939,209 (1,999,254) (60,045) Est Transfer Nov 2004 > Est. Transfer November 2003 < Lew Amount Less Than Assessment Amount Landscape /Lighting Assessment Districts Fund Activity: FY03 /04 Adjusted Assessment Calculation FY 03/04 Amount of Amount Year -End Beginning Projected Fund CAP Projected Balance Assessment Levy Fund Description Balance Expenses [Est 3 Yr Costs] Exceeds CAP ** Amount Amount 2300 Lighting (37,868) Improvements 7,315 Landscaping 134,392 Remarks Page 4 of 4 [File: adfunds_03_041 4/21/2003 103,839 2301 Zone 1 22,573 4,210 12,630 15,935 9,702 970 < Ten Percent of Assessment Amount 2302 Zone 2: US 107,287 58,700 176,100 0 72,439 72,439 Zone 9 Zone 2: Drains 5,901 258 774 0 1,400 1,400 Zone 10: Drains Zone 2: Improvements 0 3,960 73 839 924 2303 Zone 3 2304 Zone 4 2305 Zone 5: US Zone 5: Drains 2306 Zone 6 2307 Zone 7 2308 Zone 8 2309 Zone 9 2310 Zone 10: US 23,840 Zone 10: Drains 2311 Zone 11 2312 Zone 12 2313 Zone 13 113,188 2,878 1,383 20,240 1,968 58,958 2,450 5,100 33,200 272 176,874 7,350 15,300 99,600 816 0 0 0 0 0 73,839 3,079 6,383 23,340 500 3,079 6,383 23,340 500 22,208 33,472 100,416 0 23,840 23,840 973 1,320 3,960 0 924 924 488,041 (1,702) 17,400 52,200 0 11,298 11,298 41,913 15,935 20,250 60,750 0 15,243 15,243 15,000 (750) 2,255 6,765 0 1,356 1,356 7,500 22,777 0 21,471 64,413 0 94,018 192,200 576,600 0 194,280 194,280 28,008 3,261 9,783 0 7,252 7,252 122,026 195,461 586,383 0 201,532 201,532 6,657 820 2,460 6,717 3,040 304 < Ten Percent of Assessment Ammount 451,247 166,582 499,746 46,848 243,929 197,081 < 81 %: Assmnt. Adj. to Not Exceed Fund Max. 0 0 0 0 i 2314 Z -14: Wilshire Builders 1,483 1,090 3,270 0 1,249 1,249 2315 Z -15: Toll Bros 938,584 412,500 1,237,500 0 488,041 488,041 2316 Z -16: Cabrillo: US 7,777 13,971 41,913 0 13,970 13,970 Z -16: Cabrillo: Drains 15,000 7,500 22,500 0 7,500 7,500 22,777 21,471 64,413 0 21,470 21,470 ** [Begining Balance + Assessment + Interest - Expenses] Less Maximum Fund Amount 7 TO: FROM: DATE: MOORPARK CITY COUNCIL AGENDA REPORT The Honorable City Council ITEM S • c • A Mary K. Lindley, Director of Community Services��� May 29, 2003 (CC Meeting of June 4, 2003) SUBJECT: Adopt the Resolution Approving the Final Assessment Engineer's Report for the Parks and Recreation Maintenance and Improvement Assessment District and Confirming the Levy Amount for Fiscal Year 2003/04 SUMMARY The City Council is beir the continuation of the Improvement Assessment testimony, close the Engineer's Report, and assessment levy. BACKGROUND ig asked to Parks and District Public He adopt a open the Public Hearing on Recreation Maintenance and for FY 2003/04, receive aring, approve the final resolution confirming the In July 1999, the City successfully established an assessment district for the maintenance and improvement of City parks. The District was initiated by the Council to provide funding in place of AD 85 -1 (Park Maintenance Assessment District), which was disbanded in July 1998 as a result of Proposition 218. The current Maintenance District is based on a "special" assessment. This means that the City assesses property owners for that portion of park maintenance and improvement activities that generate a "special" benefit. All activities that generate a "general" benefit must be funded from non - assessment revenues (typically General Fund and Park Improvement Fund). The Park Maintenance and Improvement Assessment District includes all existing 15 City parks. The amount of the assessment levied to property may only increase by the Cost of M:\MLindley\Assessment Dist \final engineer report 2003 04 ccagd.doc 0 01 (1112 0 Honorable City Council June 4, 2003 Page 2 Living factor (CPI) for the Los Angeles Metropolitan area, and not more than 3 percent in any year. In situations when the CPI exceeds 3 percent, the remaining difference can be carried over to the following year. On February 19, 2003, the City Council adopted Resolution No. 2003 -2058 indicating its intent to continue the assessment for FY 2003/04 and directing the preparation of the Engineer's Report. On that date, the City selected Shilts Consultants to prepare the report. On May 21, 2003, the Council adopted Resolution 2003 -2086 approving the preliminary Engineer's Report and setting a date of June 4, 2003, for the Public Hearing. DISCUSSION The City Council is being presented with the preliminary Engineer's Report for consideration and approval. By approving the Engineer's Report, the Council will be establishing the assessment rate, the formula used to spread the assessment, and the City's contribution (comprised of General Fund and Park Improvement Fund [PIF]) for the maintenance and improvement of parks. The boundaries for the Parks and Recreation Maintenance and Improvement District contain all properties within the City's incorporated limits. The Assessment District includes all existing 15 City parks. The Engineer's Report contains a determination regarding the percentage of benefit deemed "special" and the percentage deemed "general ", generated from the maintenance and improvement of City parks and recreation facilities. The percentage figure identified by the Engineer is 25 percent general benefit and 75 percent "special" benefit. This percentage is then applied to the total park maintenance budget. Under Proposition 218, the City can only assess property owners for the 75 percent portion of the budget related to "special" benefits. Although 75 percent is identified as providing " special benefit, and consistent with previous years, it is proposed that property owners be assessed for only approximately 25 percent of the total park maintenance budget, which is only a third of the special benefit costs. The General Fund FY 03/04 contribution will comprise the remaining approximate 75 percent to the total budget. M: \MLindley \Assessment Dist \final engineer report 2003 04 ccagd.doc 0 PT3121 Honorable City Council June 4, 2003 Page 3 Additionally, the Report identifies all by type. A value has been assigned for with single family residential having a for all other property types is assigned equivalent value is based on a formula number of people who could potentially otherwise use a property. Specifically, values as follows: Single Family Residential Condominium Multi - Family Residential Mobile Homes Commercial Office Shopping Center Industrial Self Storage or Parking Lot properties in Moorpark each type of property, value of 1.00. A value based on the SFE. The that uses the average live on, work at, or the Engineer finds SFE 1.00 (per dwelling unit) .80 NN . 78 'N . 6 5 �� .70 (per 1/5 of acre) 1.90 NN NN .70 'N NN .70 NN .03 NN In regards to undeveloped vacant property, the Engineer has developed a three - tiered rate structure. Vacant property will be assessed at .25 of its equivalent SFE (for residential, industrial, commercial, etc.). Once a development application and engineering plans have been submitted for vacant property, it will be assessed at its SFE at a rate of .35 of the developed rate, and vacant property for which development has been approved will have a SFE equivalent of .65 of the developed rate for that property type until fully developed. Park Maintenance and Improvement Budget The Engineer's Report addresses the estimated revenue to be generated by the assessment (approximately $534,551) if the assessment rate is approved as recommended. This is approximately $14,000 more than was anticipated in FY 2002/03. The report also identifies the non - assessment contribution, which is noted in the Report as City Contribution (General Fund). Consistent with Proposition 218, the City covers all costs associated with park maintenance activity expenditures that generate "general" benefits (these activities comprise approximately 25 percent of the budget). Additionally, the City M: \MLindley \Assessment Dist \final engineer report 2003 04 ccagd.doc 0031220 Honorable City Council June 4, 2003 Page 4 traditionally covers a significant portion of the cost associated with expenditures that generate special benefits. The remaining costs associated with "special" benefits (approximately 25 percent) are covered by the revenue collected from the assessed levy. The proposed FY 2003/04 Park Assessment District budget figure of $2,114,631 includes $2,102,475 for operations and $12,156 for capital improvements. FY 2003/04 Park Asst. District Budget Summary Proposed Expenditures Proposed Funding Operations $2,102,475 Capital Park Projects Total Expenditure Budget $ 12,156 $2,114,631 Assessment Levy $534,551 General Fund Total Revenues $1,580,080 $2,114,631 Assessment Rate The assessment district was adopted with a CPI cap of 3 percent. In FY 01/02, the CPI was 3.7 percent and under the district the .7 percent was carried over and applied to FY 02/03. In FY 01/02, the CPI was 2.1 percent. Appling the .7 carried over from the previous year, the total CPI was 2.8 and the levy was set at $42.24. The eligible CPI increase for FY 03/04 is 3.7 percent (January 2003 above January 2002). It proposed that the SFE be adjusted by the maximum 3 percent, setting the levy at $43.50. However, the approved assessment language allows the City to carry over any difference in the CPI that exceeds 3 percent to the following year, as long as it adheres to the cap in subsequent years. Therefore, the .7 percent difference in the FY 2003/04 will be carried over and considered in FY 04/05 during the assessment process in the event the CPI increase is less than 3 percent. M: \MLindley \Assessment Dist \final engineer report 2003 04 ccagd.doc OC3123 Honorable City Council June 4, 2003 Page 5 This proposed SFE rate adjustment is reflected in the Engineer's Report along with the proposed FY 2003/04 Budget. In summary, based on this action, the City's total non - assessment contribution would be $1,580,080 (General Fund) and total assessment contributions would be $534,551. This represents a ratio of 75 percent City funded and 25 percent assessment levy funded. Public Hearing The continuation of the Parks Maintenance and Improvement District and rate adjustment requires a public hearing to be held prior to the annual levy of assessment for the purpose of receiving input and to hear any protest to the proposed assessment. Additionally, the Notice cites the assessment amounts set forth in the Engineer's Report. Notice of the City Council's Public Hearing on this items was appropriately published and posted as required by law. STAFF RECOMMENDATION 1) Open the Public Hearing, receive testimony, and close the public hearing; 2) Approve the Engineer's Report; and 3) Adopt Resolution No. 2003- (Attachment A) confirming the assessment for the Parks and Recreation Maintenance and Improvement District for Fiscal Year 2003/04. Attachment: A - Resolution M: \MLindley \Assessment Dist \final engineer report 2003 04 ccagd.doc 000124 Attachment A RESOLUTION NO. 2003 -_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT AND ORDERING LEVY OF ASSESSMENT FOR FISCAL YEAR 2003/04 FOR THE PARKS MAINTENANCE AND IMPROVEMENT DISTRICT OF THE CITY OF MOORPARK WHEREAS, on July 15, 1999, by its Resolution No. 99 -1625, after receiving a weighted majority of ballots in support of the proposed assessment, this Council ordered the formation of and levied the first assessment within the City of Moorpark Parks and Recreation Maintenance and Improvement District (the "Assessment District ") pursuant to the provisions of Article XIIID of the California Constitution, and the Landscaping and Lighting Act of 1972 (the "Act "), Part 2 of Division 15 of the California Streets and Highways Code (commencing with Section 22500 thereof); and WHEREAS, by Resolution No. 2003 -2058, the City Council ordered the preparation of an Engineer's Report for the Parks and Recreation Maintenance and Improvement District (the "District ") for fiscal year 2003 -04; and WHEREAS, pursuant to said Resolution, the Engineer's Report was prepared by Shilts Consultants, Inc., Engineer of Work, in accordance with Section 22565, et. seq., of the Streets and Highways Code (the "Report ") and Article XIIID of the California Constitution; and WHEREAS, by Resolution No. 2003 -2086, the City Council preliminarily approved the Engineer's Report for said District and set a date for a Public Hearing; and WHEREAS, said report was duly made and filed with the City Clerk and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that the report should stand as the Engineer's Report for all subsequent proceedings under and pursuant to the aforesaid resolution, and that June 4, 2003, at the hour of 6:30 p.m. in the Council Chambers, located at 799 Moorpark Avenue, Moorpark, California 93021, were appointed as the time and place for a hearing by this Council on the question of the levy of the proposed assessment, notice of which hearing was given as required by law; and Page 1 of 4 00'9125 WHEREAS, at the appointed time and place the hearing was duly and regularly held, and all persons interested and desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to the levy were fully heard and considered by the Council, and all oral statements and all written protests or communications were duly heard, considered and overruled, and this council thereby acquired jurisdiction to order the levy and the confirmation of the diagram and assessment prepared by and made a part of the Engineer's Report to pay the costs and expenses thereof. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The public interest, convenience and necessity require that the levy be made. SECTION 2. The Assessment District benefited by the improvements and assessed to pay the costs and expenses thereof, and the exterior boundaries thereof, are as shown by a map thereof filed in the office of the City Clerk, which map is made a part hereof by reference thereto. SECTION 3. The Engineer's Report as a whole and each part thereof, to wit: (a) the Engineer's estimate of the itemized and total costs and expenses of maintaining the improvements and of the incidental expenses in connection therewith; (b) the diagram showing the assessment district, plans and specifications for the improvements to be maintained and the boundaries and dimensions of the respective lots and parcels of land within the Assessment District; and (c) the assessment of the total amount of the cost and expenses of the proposed maintenance of the improvements upon the several lots and parcels of land in the Assessment District in proportion to the estimated special benefits to be received by such lots and parcels, respectively, from the maintenance, and of the expenses incidental thereto; are finally approved and confirmed. Page 2 of 4 003126 SECTION 4. Final adoption and approval of the Engineer's Report as a whole, and of the plans and specifications, estimate of the costs and expenses, the diagram and the assessment, as contained in the report as hereinabove determined and ordered, is intended to and shall refer and apply to the report, or any portion thereof as amended, modified, or revised or corrected by, or pursuant to and in accordance with, any resolution or order, if any, heretofore duly adopted or made by this Council. SECTION S. The assessment to pay the costs and expenses of the maintenance of the improvements for fiscal year 2003 -04 is hereby levied. For further particulars pursuant to the provisions of the Landscaping and Lighting Act of 1972, reference is hereby made to the Resolution Directing Preparation of Engineer's Report. SECTION 6. Based on the oral and documentary evidence, including the Engineer's Report, offered and received at the hearing, this Council expressly finds and determines (a) that each of the several lots and parcels of land will be specially benefited by the maintenance of the improvements at least in the amount if not more than the amount, of the assessment apportioned against the lots and parcels of land, respectively, and (b) that there is substantial evidence to support, and the weight of the evidence preponderates in favor of, the aforesaid finding and determination as to special benefits. SECTION 7. Immediately upon the adoption of this resolution, but in no event later than the third Monday in August following such adoption, the City Clerk shall file a certified copy of the diagram and assessment and a certified copy of this resolution with the Auditor of the County of Ventura. Upon such filing, the County Auditor shall enter on the County assessment roll opposite each lot or parcel of land the amount of assessment thereupon as shown in the assessment. The assessments shall be collected at the same time and in the same manner as County taxes are collected and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments, After collection by the County, the net amount of the assessments, after deduction of any Page 3 of 4 00,0127 compensation due the County for collection, shall be paid to the City of Moorpark Parks and Recreation Maintenance and Improvement District. SECTION 8. Upon receipt of the moneys representing assessments collected by the County, the County shall deposit the moneys in the City Treasury to the credit of the improvement fund previously established under the distinctive designation of the Assessment District. Moneys in the improvement fund shall be expended only for the maintenance, servicing, construction or installation of the improvements. SECTION 9. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 4th day of June, 2003 Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Page 4 of 4 0 0128 TO: FROM: DATE: ITEM-- • A . CITY OF MOORPARK AGENDA REPORT The Honorable City Council Kenneth C. Gilbert, Director of Public Works May 23, 2003 (Council Meeting 6 -4 -03) �i SUBJECT: Consider Action to Change the Name of Los Angeles Avenue Between the Present East End of High Street and the Route 118 Freeway, to High Street nTCrrTggTnm A. Background On May 7, 2003, the City Council the steps required for the City taking the subject action. B. Authority directed staff to proceed with Council to formally consider Section 34091.1 of the Government Code of the State of California provides that the name of any street within a City may be changed by adoption of a City Council Resolution. C. Public Notice A public hearing is not required in order for the City Council to take the subject action. However, a letter (Exhibit 1), advising of the City's intent to take the subject action, was sent to all affected property owners and public agencies (see list attached as Exhibit 2). D. Fire Department Review There were no objections received from the Fire Department. E. Post Office In discussions with Post Office officials, staff was advised that, in the event of a changed street name, mail addressed to the prior street name will be delivered to the new address in the same manner as "forwarded mail ". St name L A 0305 0 09129 Change Name of Los Angeles Avenue to High Street May 23, 2003 Page 2 F. Resolution: Street Name Change Attached as Exhibit 3 is a Resolution changing the name of the subject portion of Los Angeles Avenue to High Street. The Resolution directs the City Clerk to forward a copy of the Resolution to the County Board of Supervisors as required by Section 34092 of the Government Code. G. Deferred Effective Date In order to ease transition (stationery, business cards, etc.) to the new address, the attached Resolution defers the effective date of the subject street name change to May 1, 2004. The Resolution also directs the required mailing of the Resolution to the County not occur until February 2004. H. Fiscal Impact The proposed street name change will require the replacement of a number of standard City street name signs, anticipated to cost $200 to $300 (material and labor) . In addition to these costs, it will be necessary to modify or replace approximately nine (9) large (10' x 16') overhead signs — plus a number of smaller signs - on the freeway. It is anticipated that Caltrans will perform the work required to make these changes. The cost of these efforts may exceed $40,000. It is possible that Caltrans may ask the City to participate in this cost. STAFF RECOMMENDATION Adopt Resolution No. 2003- changing the street name for the subject street segment, said action to become effective on May 1, 2004. Attachments: Exhibit 1: Letter Notice Exhibit 2: Mailing List Exhibit 3: Reso: Street Name Change St_name_L— A_0305 003:130 E A 1411')1 t 1 MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 517 -6200 May 8, 2003 To: Interested or Affected Party Re: Notice of Public Meeting: 6:30 p.m. -- June 4, 2003 To Consider Changing the Name of Los Angeles Avenue to High Street Dear Sir or Madam: During a Public Meeting to commence at 6:30 p.m. on June 4, 2003, the City Council will consider taking formal action to change the street name for Los Angeles Avenue (between High Street and the Route 118 Freeway) to High Street (see map on reverse side).. The purpose of this letter is to advise you of the subject Public Meeting and of the above described proposed action. If you have any questions or concerns about the proposed action, please contact the undersigned at your convenience in writing, or by telephone at (805) 517- 6255. Be advised that you may provide written comment on the matter to the City Clerk at any time prior to the public meeting. Also be advised that you may speak on the matter before the City Council during the subject meeting. Sincerely, Ken Gilbert, Director of Public Works cc: Steven Kueny, City Manager st_name_L_A_0305 az PATRICK HUNTER KEITH F. MILLHOUSE CLINT HARPER ROSEANN MIKOS Mayor Mayor Pro Tem Councilmember Councilmember S-,-e- keno 00931 0 JANICE S. PARVIN Councilmember KAVLICO 14501 LOS ANGELES AVENUE MOORPARK CA 93021 oji COUNTRYWIDE HOME LOANS 5898 CONDOR DRIVE /�-�� MOORPARK CA 93021 V HARLEY - DAVIDSON LLC 6190 CONDOR DRIVE (.7'� MOORPARK CA 93021 VENTURA COUNTY FIRE PROTECTION DISTRICT ATTN: RICK MORA 165 DURLEY AVENUE �G� CAMARILLO CA 93021 CALLEGUAS WATER DISTRICT ATTN: GEORGE MULLIGAN 2100 OLSEN ROAD eJ\ THOUSAND OAKS CA 91360 SOUTHERN CALIFORNIA EDISON ATTN: JOHN RIFFEL 3589 FOOTHILL DRIVE MOORPARK CA 91361 ADELPHIA ATTN: SHAWN RIGGS 2525 KNOLL ROAD VENTURA CA 93003 MOORPARK SERVICE, INC. ATTN: MOHAMMED SNIPER 506 E. LOS ANGELES AVENUE MOORPARK CA 93021 TRENCH SHORING CO. 636 E. ROSECRANS AVENUE LOS ANGELES CA 90059 ZS RESIDENT 14110 E. LOS ANGELES AVENUE MOORPARK CA 93021 LAARS, INC. WATERPIK TECHNOLOGIES 6000 CONDOR DRIVE �' MOORPARK CA 93021 QD CARDSERVICE INTERNATIONAL 6101 CONDOR DRIVE MOORPARK CA 93021�� , RESIDENT 13853 E. LOS ANGELES AVENUE MOORPARK CA 93021 rp,-) u MOORPARK POLICE DEPT. ATTN: CAPT. RICHARD DIAZ 26 FLORY AVENUE MOORPARK CA 93021 MOORPARK UNIFIED SCHOOL DIST ATTN: TRANSPORTATION DEPT. 5297 MAUREEN LANE MOORPARK CA 93021 U PACIFIC BELL CO. ATTN: LORRIE LAVERY 2250 WARD AVENUE, ROOM 107 SIMI VALLEY CA 93065 t7 VULCAN MATERIALS CO. ATTN: JIM SMACK 3200 SAN FERNANDO ROAD LOS ANGELES CA 90065 AQUARIA, INC. 6100 CONDOR DRIVE //��'�� MOORPARK CA 93021 c` BELTWAY MOVING SYSTEMS 5950 CONDOR DRIVE C4;,) MOORPARK CA 93021 UNITED STATES POSTAL SERVICE ATTN: POSTMASTER MOORPARK CA 93021 C9 SHELL OIL COMPANY ATTN: DAN COBURN 20945 S. WILMINGTON l2 ) CARSON CA 90810 VENTURA COUNTY WATERWORKS ATTN: SATYA KARRA 7150 WALNUT CANYON ROAD tS MOORPARK CA 93021 SOUTHERN CALIFORNIA GAS CO. ATTN: MARTY RECORDS -� 977 CHAMBERS LANE C1) SIMI VALLEY CA 93065 CHUY'S MESQUITE BROILER ATTN: DAVID EVENSON l& 590 E. LOS ANGELES AVENUE MOORPARK CA 93021 HI -TECH AUTO & TIRE CENTER ATTN: MIR RAFIG 548 E. LOS ANGELES AVENUE, #101 MOORPARK CA 93021 Z RESIDENT 13931 E. LOS ANGELES AVENUE MOORPARK CA 93021 /I RESIDENT 14245 E. LOS ANGELES AVENUE MOORPARK CA 93021 2� EUROPA MOTORS, INC. ATTN: GARY CAFARO 548 E. LOS ANGELES AVENUE, #103 MOORPARK CA 93021 C2,�), RESIDENT. 13950 E. LOS ANGELES AVENUE MOORPARK CA 93021 21 i RESIDENT 14474 E. LOS ANGELES AVENUE MOORPARK CA 93021 �C 0 0'113 RESIDENT RESIDENT RESIDENT 14276 E. LOS ANGELES AVENUE 14294 E. LOS ANGELES AVENUE 14288 E. LOS ANGELES AVENUE MOORPARK CA 93021" MOORPARK CA 93021 �y MOORPARK CA 93021 3 RESIDENT 14303 E. LOS ANGELES AVENUE MOORPARK CA 93021 RESIDENT 14340 E. LOS ANGELES AVENUE MOORPARK CA 93021 �? RESIDENT 14364 E. LOS ANGELES AVENUE MOORPARK CA 93021 RESIDENT 14506 VIRGINIA COLONY PLACE MOORPARK CA 93021���, RESIDENT 14342 E. LOS ANGELES AVENUE MOORPARK CA 93021 3� RESIDENT 14452 E. LOS ANGELES AVENUE MOORPARK CA 93021 (:�D RESIDENT 14314 E. LOS ANGELES AVENUE MOORPARK CA 93021 C� RESIDENT 14352 E. LOS ANGELES AVENUE MOORPARK CA 93021 0 ("1 31 133 RESOLUTION NO. 2003 - Ex. 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CHANGING THE STREET NAME FOR THAT PORTION OF LOS ANGELES AVENUE BETWEEN HIGH STREET AND THE ROUTE 118 FREEWAY, TO HIGH STREET WHEREAS, Section 34091.1 of the Government Code of the State of California provides that the name of any street within a City may be changed by the City Council of that City upon adoption of a Resolution ordering such a change; and WHEREAS, it has been proposed that the name of that portion of Los Angeles Avenue between the current east end of High Street and the State Route 118 freeway, should be changed to High Street, as shown on Exhibit 'A' attached hereto and made a part hereof; and WHEREAS, a public meeting was scheduled for June 4, 2003, to consider such action and all known affected parties and public agencies were notified in writing of said public meeting and of the above mentioned proposed action; and WHEREAS, said public meeting was held and all written and oral testimony on the matter was received and considered. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Effective May 1, 2004, the name for the Los Angeles Avenue east of High Street shall be changed to High Street (see Exhibit 'A'). SECTION 2. The City Clerk is directed to forward a copy of this Resolution to the Board of Supervisors of the County of Ventura, on or about February 1, 2004, in accordance with the requirements of Section 34092 of the Government Code of the State of California. SECTION 3. 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 day of , 2003. ATTEST: Deborah S. Traffenstedt, City Clerk Patrick Hunter, Mayor Attachment: Exhibit 'A': Diagram of Street 000134 • i' 1 t a� co Qi Qi 0) C Q J O T' - o CD N L C Al L .-)� i A a It Ctl o ► \14 Elio I� N ao mc 0 N ..0 ZUC/) ems U) H Z N __j T -L.. ALWIOO 1 �iMrA i .I Ll cl C 1 ' i I cu IxI I I j U) I I ._ i g h Street I \ 1 _; P� i CJ { I T -r`' Elio I� N ao mc 0 N ..0 ZUC/) ems U) H Z N __j T -L.. ALWIOO 1 �iMrA i .I ITEM 9.3 - of AC MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council p„ FROM: Cynthia L. Borchard, Administrative Services Director9 Prepared By: Melody Johnston, Information Services Manager DATE: May 29, 2003 (CC Meeting of 6/04/03) SUBJECT: Consider the Proposals for Geographic Information Systems (GIS) to Provide Computer Based Mapping and Data. BACKGROUND On February 27, 2003 the City requested proposals for services on a Geographic Information Systems (GIS) program to provide computer mapping services for use by the City and the public. The GIS would incorporate the Ventura County's parcel data base and Moorpark's general plan and zoning base, and give the user the ability to look up properties and assessor data from the GIS program. The goal would be to make available a fully interactive computer mapping and data system to Staff and the public. Every desktop computer at City Hall could have access to the program, enabling one to look up a property by its address, assessor parcel number, or property owner. The computer would then display the parcel and the data attached to that parcel. In addition, the system could be accessible through the City's website and have the same capabilities. DISCUSSION The RFP was sent to six companies that provide GIS services. Five proposals were received: • Digital Map Products (DMP) • Geographic Data and Management Solutions (GDMS) • MNS Engineering 001 '31�G Honorable City Council June 4, 2003 Page 2 • Technology Associates International Corporation (TAIL) • Hassan Kasraie Staff reviewed each of the five proposals and chose to interview two vendors - Digital Map Products (DMP) and Geographic Data and Management Solutions (GDMS). Both companies have had experience in providing similar services to cities and governmental agencies and can meet the requirements of the City's RFP. Both companies provide programs which will allow the City to easily produce mailing lists for notification, add more layers of information to the system, including, but not limited to flood maps, environmental constraints mapping, seismic, soils, street signs, and street pavement schedules. Digital Map Products: DMP's total cost is $24,200 initially with an on -going cost of $1,600 /month. DMP's proposal is limited to 20 City Hall users; additional cost would be incurred for more than 20 users. It is likely that the City may have more than 20 users. DMP would host the City's internet access. A hot link from the City's website would connect clients seamlessly to the DMP site which would be customized to Moorpark's graphic specifications. Geographic Data & Management Solutions (GDMS) : GDMS total cost is $26,713.69 initially with an on -going cost of $649 /month. GDMS proposal uses software which is supported by ESRI, the software designer of the ARCView and ARCInfo GIS computer mapping systems and widely used in the industry. GDMS also has a code enforcement module which could be added at a later time. The code enforcement module utilizes the GIS data base and an Access based program which would streamline and simplify the Code Enforcement process and allow for greater accessibility and sharing of information through the City's intranet. This information would not be available to the general public. Staff is recommending GDMS not only for cost effectiveness but because of the ease of applications, quick performance and the option of adding modules such as code enforcement to enhance the functionality in the future. The system will provide for an interactive web -based application which allows data to be accessible to both the staff at their desktops, and also to the public via the Internet. Users can 0 n31.3 Honorable City Council June 4, 2003 Page 3 search for parcel information, turn layers on and off as needed, generate a buffer distance to retrieve property information within a specified radius, measure distances and generate maps. The system is a data management tool limited only by the amount of information you desire to access. It is also a valuable planning tool as well as providing information virtually instantaneously for emergency situations. Funds in the amount of $17,000 are available within the current Information Systems Department budget. An additional $10,000 is requested to be funded from the CLEEPS (California Law Enforcement Equipment Program) grant which the City received in December in the amount of $20,474.80. A proposal for the full grant allocation and appropriation will be presented at the June 18th Council meeting. It is anticipated that the project will be completed within 30 to 45 working days after notice to proceed. STAFF RECOMMENDATION Accept the proposal from GDMS in the amount of $26,713.69 to develop a Geographic Information System for the City and authorize the City Manager to negotiate and sign an agreement on the City's behalf for the initial setup and ongoing service. 001)138 ITEM 9 • G- of �J{ ACT EC??ti : MOORPARK CITY COUNCIL BY: AGENDA REPORT TO: The Honorable City Council FROM: John Hartnett, Recreation Manager ��k Q� Peggy Rothschild, Senior Center Coordinator -16' DATE: May 23, 2003 (CC Meeting of June 4, 2003) SUBJECT: Consider Approving a Name Change for the Moorpark Senior Center to Moorpark Active Adult Center DISCUSSION The City Council is being asked to approve changing the name of the City's senior center from Moorpark Senior Center to Moorpark Active Adult Center. In November of 1999 and 2000, the California Parks and Recreation Society (CPRS) Aging Services and Activities Section met at their annual retreat, to address demographic trends and prepare for the needs of aging baby boomers. This process included identifying internal and external trends, and providing specific recommendations to prepare for the new millennium. The Baby Boom generation has become a demographic of particular interest since, by 2010, Boomers (born 1946 -1964) will represent 25% of California's population. Additionally, research has shown that the Baby Boom cohort will not want to be labeled "senior citizens ". At the California Association of Senior Service Centers 2002 conference, the CPRS State Board District XII representative reported that the CPRS Aging Section had selected the title, "Active Adult Center ", as the direction for the future. At the January 9, 2003 meeting of the Senior Advisory Committee, staff broached the idea of removing "senior" from the Center's title. Staff reported that the name change issue has been a 00` -3139 Honorable City Council June 4, 2003 Page 2 concern in the senior services arena for several years with regard to attracting Baby Boomers to Center activities. On February 13, 2003, at the Senior Advisory Committee meeting, committee members discussed the idea of a name change and voted for their preference from the following choices: Active Adult Center, Adult Activity Center and Active Aging Center. By unanimous vote, the committee selected Active Adult Center. No other local area senior centers have changed their names to date. However, Conejo Recreation and Park District in Thousand Oaks straddles the line; the center's full name is Goebel Senior Adult Center, though it is commonly referred to as the Goebel Center. Other centers omitting "senior" from their name include: Port Hueneme - Orvene S. Carpenter Community Center; Santa Paula - Santa Paula Community Center; Burbank - Joslyn Adult Center; Pacific Grove - Sally Griffin Center; El Segundo - Joslyn Adult Center. In addition, other cities combine the two ideas in their approach: Santa Barbara offers a Senior Recreation Services Club at the Carrillo Recreation Center and the Louise Lowry Davis Center; in Beverly Hills, the Senior Adult Association meets in the Roxbury Park Clubhouse; Glendale offers activities for older adults in three dedicated sites: the Adult Recreation Center, the Maple Park Community Center and the Sparr Heights Senior Center. If the name change is approved by the City Council, Center signage, newsletter logo, and the Senior Advisory Committee's name will all be affected. Staff estimates that modification of the existing monument sign and new sign for the Senior Center building will cost $1,000 (one thousand dollars) . This amount has been included in the FY 03/04 Senior Center budget. STAFF RECOMMENDATION Approve a name change for the Moorpark Senior Center to Moorpark Active Adult Center. 0"0314® e ITEM 9 •'D . t 7 MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Cynthia L. Borchard, Administrative Services Director DATE: May 29, 2003 (meeting of June 4, 2003) SUBJECT: Community Development Fund Transfers BACKGROUND It has been projected that the Community Development Fund will show a deficit at the end of this fiscal year (2002 -03) in the amount of $278,121. This deficit was projected to be $427,881 in the FY 2002 -03 budget. A transfer in the amount of $300,000 from various Funds is proposed to balance the Fund. DISCUSSION Due to a decrease in activity tied to new development, Departmental revenues are not sufficient to cover expenditures. One of the options suggested in the 2002 -03 budget was to transfer cash from other Funds that have been served by the Community Development Department in the past two years. This has been analyzed by the Community Development staff and reviewed by the City Manager and the following transfer is proposed to the Community Development Fund: • General Fund (1000) $150,000 • Traffic System Management Fund (2001) $50,000 • City -Wide Traffic Fund (2002) $50,000 • Redevelopment Fund (2902) $50,000 Total $300,000 OCO,141 Honorable City Council June 4, 2003 Page 2 Sufficient funds are available within the various Fund balances to provide for this transfer. It appears on a long -term basis the General Fund will need to contribute approximately $350,000 per year to staff the Department to serve the general public. This is equivalent to the Director, Administrative Secretary and Code Enforcement Officer's salaries and benefits including code enforcement operating and legal costs for FY 2003/04. This change is proposed in addressing the Fund deficit in the FY 2003/04 budget. STAFF RECOMMENDATION: (Roll Call Vote Required) Adopt Resolution No. 2003- amending the FY 02/03 Budget to appropriate fund transfers in the amount of $300,000 from the various identified Funds to the Community Development Fund. 4 0W RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FY 2002/03 BUDGET BY APPROPRIATING $150,000 FROM THE GENERAL FUND (1000- 5500); $50,000 FROM THE TRAFFIC SYSTEM MANAGEMENT FUND (2001- 5500); $50,000 FROM THE CITY -WIDE TRAFFIC MITIGATION FUND (2002 -5500) AND $50,000 FROM THE REDEVELOPMENT AGENCY FUND (2902 -5500) TO THE COMMUNITY DEVELOPMENT FUND (2200-5500). WHEREAS, on June 5, 2002, the City Council adopted the budget for Fiscal Year 2002/03; and WHEREAS, a deficit is projected in the Community Development Fund for Fiscal Year ending June 30, 2003; and WHEREAS, the Community Development Fund is entitled to be reimbursed from other Funds that it has served; and WHEREAS, Exhibit "A" hereof describes said necessary budget amendment and its resultant impacts to the budget line item(s). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment appropriating $300,000 from the Funds listed above to the Community Development Fund as more particularly described in Exhibit "A" attached hereto is hereby approved. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 4th day of June, 2003. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Attachment: Exhibit "A" - Budget Amendment ooi):1dL3 EXHIBIT A BUDGET AMENDMENT FOR COMMUNITY DEVELOPMENT FY 2002 -03 FUND ALLOCATION FROM: Fund Account Number Amount General 1000 -5500 $ 150,000.00 Traffic System Management 2001 -5500 $ 50,000.00 City-Wide Traffic Mitigation 2002 -5500 $ 50,000.00 Redevelopment Agency 2902 -5500 $ 50,000.00 Total 1 1 $ 300,000.00 DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS: Account Number Current Budget I Revision Revision Amended Budget 1000 - 6100 - 0000 -9820 $ - $ 150,000.00 $ 150,000.00 2001 - 6100 - 0000 -9820 $ - $ 50,000.00 $ 50,000.00 2002 - 6100 - 0000 -9820 $ - $ 50,000.00 $ 50,000.00 2902 - 6100 - 0000 -9820 $ - $ 50,000.00 $ 50,000.00 Total $ - $ 300,000.00 $ 3000.00 0,0 DISTRIBUTION OF APPROPRIATION TO REVENUE ACCOUNTS: Account Number Current Budget I Revision I Amended Budget 2200 -3720 1 $ - 1 $ 300,000.00 1 $ 300,000.00 Approved as to Form: 0 C ," 144 MOORPARK CITY COUNCIL AGENDA REPORT I'T'EM Q . E . �. n7- '1 of T ")' a,,d a9� 7' TO: Honorable City Council FROM: Deborah S. Traffenstedt, ATCM /City Clerk 1:D57 DATE: May 28, 2003 (CC Meeting of 6/4/03) SUBJECT: Consider Resolution of Intention to Amend the Contract between the Board of Administration of the California Public Employees' Retirement System (CalPERS) and the City of Moorpark and First Reading of an Ordinance Authorizing an Amendment to the Contract between the City and the Board of Administration of CalPERS BACKGROUND On May 7, 2003, the City Council directed staff to schedule City Council consideration of adoption of a CalPERS contract amendment consistent with the requirements of Government Code Section 20903 (commonly referred to as the "Golden Handshake "). This benefit is intended to be utilized by CalPERS contracting agencies to encourage reduction of staffing levels when needed due to impending curtailment of or change in the manner of performing service. The benefit currently offered by the Golden Handshake is two years of additional service credit. DISCUSSION Section 20903(j) of the Government Code provides that an agency may elect to be subject to the provision of this section by amendment to its contract. The City has received from CalPERS the documents necessary to effect the amendment to the City's retirement plan to allow the City Council to offer the additional two years of additional service credit for a 90 -180 day period (see Attachment 1 for CalPERS documents). In accordance with Section 7507 of the Government Code, the future annual costs as determined by the CalPERS Actuary and the increase in retirement benefits are required to be made public at a public meeting of the City Council. The costs are generally disclosed in "Procedures for Calculation of Estimated Employer Cost" included in Attachment 1 to this report. At this 0v -9 145 Honorable City Council June 4, 2003, Regular Meeting Page 2 time, staff is proposing to designate the job classification(s), of Secretary and Principal Planner, Community Development Department, only, due to the Community Development fund budget deficit in the current fiscal year and anticipated staffing cost issues projected for the next fiscal year. The total estimated cost to the City for eligible staff is approximately $60,000. The window period for the two additional years of service credit is proposed to be 180 days beginning August 4, 2003. The documents received from CalPERS include a Resolution of Intention and an Amendment to Contract (Attachment 1), which cannot be altered, since the CalPERS forms must be used. Upon City Council adoption of the Resolution of Intention, a City resolution number will be assigned and typed at the top of the CalPERS Resolution Form. Staff has prepared an ordinance consistent with the CalPERS sample (last page of Attachment 1), and the draft ordinance is included as Attachment 2. Staff is recommending that the Council introduce the ordinance for first reading on June 4. Due to the requirement for a 20 -day period between the adoption of the Resolution of Intention and adoption of the ordinance, second reading of the ordinance would be scheduled for July 2. The effective date of the ordinance would be August 1 (30 days after adoption), and CalPERS staff has confirmed that the effective date of the contract amendment would then be August 2, and the window opening date for the 180 days may be no earlier than August 3 (staff is proposing that the window period open on Monday, August 4). Please note, that pursuant to Government Code Section 20903, the Council will need to certify that its intent is that at least one vacancy created by retirement under Section 20903 shall remain permanently unfilled, thereby resulting in an overall reduction in the work force. The current proposed contract amendment will allow the City Council to adopt a subsequent resolution at any time in the future that this retirement incentive is to be offered. The future process would still include City notification to CalPERS followed by the scheduling of a "public meeting agenda item and adoption of a resolution, including disclosure of the costs; designation of the job classification (s) department(s), or unit(s) eligible for this benefit; and designation of the time period of 90 to 180 days during which an eligible member must retire to receive the additional service credit. STAFF RECOMMENDATION 1. Adopt Resolution of Intention No. 2003- 2. Waive full reading and introduce Ordinance No. for first reading; and 3. Direct that second reading of Ordinance No. authorizing the amendment to the contract, shall occur on July 2, 2003. 00.-914 i Honorable City Council June 4, 2003, Regular Meeting Page 3 Attachments: 1. Letter from CalPERS dated 5/9/03 including Resolution of Intention, Amendment to Contract, required certification forms and description of Government Code 20903, Procedures for Calculation of Estimated Employer Cost, and sample ordinance form. 2. Draft Ordinance 00fI AA. `i ATTACHMENT 1 Actuarial & Employer Services Division P.O. Box 942709 RECEIVED ' Sacramento, CA 94229 -2709 Telecommunications Device for the Deaf - (916) 326 -3240 'SAY 19 2ai�3 Ca1PERS (916) 326 -3420 FAX (916) 326 -3005 CITY OF I4 OORPARi4 OFFICE OF THE CITY Mt';i AGIER May 9, 2003 Employer Code #1362 Reply to Section 105 Mr. Steven Kueny City Manager City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Dear Mr. Kueny: Enclosed are two copies of the Resolution of Intention to amend the agency's contract to provide Section 20903 (Two Years Additional Service Credit) for local miscellaneous members. Also enclosed are the following documents: Form CON -12, Certification of Governing Body's Action. 2. Form CON -12A, Certification of Compliance With Government Code Section 7507. 3. Certification of Compliance With Government Code Section 20903. 4. Form CON -29, Two Years Additional Service Credit information, Section 20903. 5. Form CON -3, Procedures for Calculation of Estimated Employer Cost. 6. Form CON -11A, Sample Ordinance. The sample Ordinance is a guide only and is included to allow sufficient time to prepare the Ordinance for a first and final reading. The Resolution of Intention and accompanying documents should not be held pending final reading of the Ordinance. 000148 California Public Employees' Retirement System Lincoln Plaza - 400 P Street - Sacramento, CA 95814 City of Moorpark -2- May 9, 2003 Although Section 20903 does not increase the employer contribution rate, there is a dollar cost for this benefit. The enclosed cost factors can be used to calculate the approximate cost to the agency for each employee who will be eligible for the additional service credit. The total dollar amount for all eligible employees is the cost required to be made public at least two weeks prior to the adoption of the final Ordinance. After the expiration of the 90 -180 day designated period, the agency will need to submit a list of members eligible to receive the additional service credit who retired during the designated period and also certify the agency has checked against those reported to have applied for unemployment insurance payments. The agency will be notified of the actual costs and payment options available after all eligible members have received the additional service credit. The CaIPERS Board of Administration permits up to two years for payments with the minimum requirement of annual installments. All accounts, except lump sum payments remitted within 30 days of billing, will be subject to interest assessment at the current employer crediting rate. Payment should not be submitted prior to receipt of the invoice. When forwarding the Certification of Compliance with Government Code Section 20903, if eligibility is limited to specific job classifications, departments or other organizational units, please provide a listing. In summary, the following documents must be returned to this office before we can forward the actual contract and other final documents necessary to complete the proposed amendment. DO NOT HOLD THESE DOCUMENTS PENDING ADOPTION OF THE FINAL ORDINANCE. ORIGINAL SIGNATURES ARE REQUIRED Resolution of Intention, original or certified copy. 2. Certification of Governing Body's Action (CON -12), original. 3. Certification of Compliance with Government Code Section 7507, (CON -12A), original or certified copy. 4. Certification of Compliance with Government Code Section 20903 original or certified copy. 5. Listing of job classifications, departments or other organizational units eligible for the additional service credit, if applicable. 009149 City of Moorpark -3- May 9, 2003 There must be a 20 day period between the adoption of the Resolution of Intention and the adoption of the final Ordinance pursuant to Government Code Section 20471. THERE ARE NO EXCEPTIONS TO THIS LAW. The effective date of this amendment may be as early as the day following the effective date of the final Ordinance. Please do not retype the Amendment to Contract and/or agreement documents. Only documents provided by this office will be accepted. If you have a problem with any of the documents, please contact this office prior to presenting to your governing body for adoption. Another contract amendment cannot be started until this amendment is completed or cancelled. If you have any questions regarding this letter or the enclosed material, please do not hesitate to contact me at (916) 326 -3993. Sinc rely, U Alice J. Cook Employer Representative Public Agency Contract Services AJC:rc Enclosures cc: Glendale Regional Office 0CA91so RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL CITY OF MOORPARK WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 20903 (Two Years Additional Service Credit) for local miscellaneous members. NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. Date adopted and approved Presiding Officer Title (Amendment) 0 A :151 CON -302 (Rev. 4/96) CaIPERS EXHIBIT California Public Employees' Retirement System AMENYD"'MENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Moorpark The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective May 16, 1984, and witnessed April 5, 1984, and as amended effective November 22, 1997 and June 2, 2000 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 11 are hereby stricken from said contract as executed effective June 2, 2000, and hereby replaced by the following paragraphs numbered 1 through 11 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after May 16, 1984 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 001 3�Sw 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: a. SAFETY EMPLOYEES. 5. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 6. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20938 (Limit Prior Service to Members Employed on Contract Date). b. Section 21574 (Fourth Level of 1959 Survivor Benefits). C. Section 20903 (Two Years Additional Service Credit). 7. Public Agency, in accordance with Government Code Section 20834, shall not be considered an "employer' for purposes of the Public Employees' Retirement Law. Contributions of the Public Agency shall be fixed and determined as provided in Government Code Section 20834, and such contributions hereafter made shall be held by the Board as provided in Government Code Section 20834. 8. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members of said Retirement System. 9. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members. 000i53 b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. C. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 10. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 11. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the day of , BOARD OF ADMINISTRATION �'' CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF MOORPARK BY BY r; . KENNETH W. MARZION;`CHIEF PRESIDING OFFICER ACTUARIAL & EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES"'RETIREMENT SYSTEM ' Witness Date,`a Attest: Clerk AMENDMENT ER# 1362 009:154 PERS- CON -702A (Rev. 8 \02) CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229 -2709 (916) 326 -3420 CERTIFICATION OF GOVERNING BODY'S ACTION I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the (governing body) (public agency) on (date) Clerk/Secretary Title PERS- CON -12 (rev. 1/96) of the 09155 CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229 -2709 (916) 326 -3420 CERTIFICATION OF COMPLIANCE WITH GOVERNMENT CODE SECTION 7507 I hereby certify that in accordance with Section 7507 of the Government Code the future annual costs as determined by the System Actuary and /or the increase in retirement benefit(s) have been made public at a public meeting of the on (date) Resolution / Ordinance. Date of the (governing body) (public agency) which is at least two weeks prior to the adoption of the Clerk/Secretary Title PERS- CON -12A (rev. 1/96) 0 11 ")15G CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229 -2709 (916) 326 -3420 CERTIFICATION OF COMPLIANCE WITH GOVERNMENT CODE SECTION 20903 In accordance with Government Code Section 20903 and the contract between the Public Employees' Retirement System, the City Council of the City of Moorpark hereby certifies that: 1. Because of an impending curtailment of, or change in the manner of performing service, the best interests of the agency will be served by granting such additional service credit. 2. Payment shall be made of the amount equal to the actuarial equivalent of the difference between the allowance the member receives after receipt of such service credit and the amount the member would have received without such service credit with respect to all eligible employees who retire during the specified period. 3. It has elected to become subject to Section 20903 because of impending mandatory transfers, demotions, and layoffs that constitute at least 1 percent of the job classification, department or organizational unit, as designated by the governing body, resulting from the curtailment of, or change in the manner of performing, its services. 4. Its intention at the time Section 20903 becomes operative is to keep all vacancies created by retirements under this section or at least one vacancy in any position in any department or other organizational unit permanently unfilled thereby resulting in an overall reduction in the work force of such department or organizational unit. THEREFORE, the City Council of the City of Moorpark hereby elects to provide the benefits of Government Code Section 20903 to all eligible members who retire within the designated period, through CITY COUNCIL OF THE CITY OF MOORPARK Attest: Clerk/Secretary Date Presiding Officer 2yr certification- public agency (Rev. 1/96 CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division Public Agency Contract Services (916) 326 -3420 TWO YEARS ADDITIONAL SERVICE CREDIT GOVERNMENT CODE SECTION 20903 A public agency may amend its contract to provide two years additional service credit to a retiring member because of an impending mandatory transfer, demotion or layoff. The agency will need to: Designate the job classification (s), department(s), or unit(s) eligible for this benefit (e.g. miscellaneous or safety employees, fire, police, secretaries, Finance Department, Human Resources Unit, etc.). Anyone employed in the designated unit or classification is eligible for the two years service credit if all other requirements are met. (The benefit cannot be provided on the basis of employee organization or unrepresented groups.) 2. Designate a time period of 90 to 180 days during which an eligible member must retire to receive the additional service credit. Because the member must be in employment status and retire during the designated period, the retirement date may not be the first day of the designated period. The designated period may begin as early as one day after the effective date of the initial contract to provide the two years additional service credit or, if providing an additional designated period as early as one day after the effective date of the Resolution adopted by the governing body. 3. Certify the governing body determined that because of an impending curtailment of, or change in the manner of performing service, the best interests of the agency would be served by granting such additional service credit. 4. Certify the governing body is electing to become subject to the provisions of Section 20903 because of impending mandatory transfers, demotions, and layoffs that constitute at least 1% of the designated job classification, department, or organizational unit resulting from the curtailment of, or change in the manner of performing, its services. 5. Certify that it is the governing body's intention at the time Section 20903 becomes operative that any vacancies created by retirements under this section or at least one vacancy in any position in any department or other organizational unit shall remain permanently unfilled thereby resulting in an overall reduction in the work force of such department or organizational unit. 6. Certify each member's eligibility to receive the additional service credit and non - receipt of unemployment insurance payments during the specified period. 7. Make payment with respect to all eligible employees who retire during the specified period. 0 Cola. 15 8 Public Agencies Page 1 pFR._CnN29 /Rev. 12199) GENERAL PROCEDURES 1. The enclosed procedures and factors can be used to calculate the approximate cost to the agency. In addition, there is an actuarial valuation fee of $10.00 for each eligible member who retired during the designated period. 2. If the agency wishes to proceed with an amendment to the contract to provide Section 20903, or if the contract has been amended and the agency wishes to provide an additional designated period, contact Public Agency Contract Services to request the necessary documents. 3. After the expiration of the designated period, the agency is requested to submit a list of members eligible to receive the additional service credit who retired during the designated period and also certify the agency has checked against those reported to have applied for unemployment insurance payments. Any such retired member receiving unemployment insurance payments should be reported to CaIPERS, Benefit Services Division. 4. The additional service will be credited to each eligible member after he /she is receiving a monthly retirement allowance. The adjustment to the member's allowance will include an increase for the additional service credit and a one -time payment for the allowance due retroactive to the effective date of retirement. (Questions concerning the adjustment should be directed to Benefit Services Division.) 5. The agency will be notified of the actual costs and payment options available after all eligible members have received the additional service credit. Payments in full remitted within 30 days of billing are exempt from interest charges. Remittance of the amount due may be paid in payments within 2 years, which include interest, with the minimum of annual installments. Attachment: COST FACTORS (coN3 -PA) €0015_ Public Agencies Page 2 c1=RG_r0N94 (Rev_ 12/99) CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division Public Agency Contract Services (916) 326 -3420 TWO YEARS ADDITIONAL SERVICE CREDIT Section 20903 PROCEDURES FOR CALCULATION OF ESTIMATED EMPLOYER COST The cost of providing the two years additional service credit is calculated based on the member's annual reportable compensation, the cost factor and whether the agency's contract provides the Post - Retirement Survivor Allowance (Survivor Continuance) and /or an increased Cost -of- Living Allowance of 3 %, 4% or 5 %. The employer cost may be estimated as follows: Determine all individuals who meet the minimum eligibility for retirement and who are employed in the designated classification, department or organizational unit. 2. Determine the annual pay rate for each person. "Pay Rate" indicates that amount of compensation a member is paid for a full unit of time. Always use the member's FULL TIME pay rate. 3. Determine the age for each person and locate the appropriate factor on the Cost Factor Chart. 4. Multiply the annual pay rate by the cost factor. 5. Determine whether your agency's contract provides for the Post - Retirement Survivor Allowance. If yes, proceed to step #7. 6. If your agency's contract does not provide for the Post - Retirement Survivor Allowance, multiply the value determined in step #4, above, by 0.95. 7. Determine whether your agency's contract provides for the increased Cost -of- Living Allowance of 3 %, 4% or 5 %. If not, no further calculations are needed. 8. If your agency's contract provides the 3% cost -of- living allowance, multiply the value determined above by 1.07 to estimate the cost of providing the additional service credit. If your agency's contract provides the 4% cost -of- living allowance, multiply the value determined above by 1.14 to estimate the cost of providing the additional service credit. If your agency's contract provides the 5% cost -of- living allowance, multiply the value determined above by 1.21 to estimate the cost of providing the additional service credit. 0 rIx 13:160 PERS -CON3 PA (Section 20903) Page 1 /Rav 1 /n11 COST FACTOR CHART TWO YEARS ADDITIONAL SERVICE CREDIT NOTE: In addition, there is a $10.00 valuation fee for each member who retires during the designated period and receives the additional service credit. 0019161 PERS -CON3 PA (Section 20903) Page 2 roe., eH7 /Mll MISCELLANEOUS MEMBERS 2% Al 60 2% Al 55 2.5% 55 2.7% 55 3% 60 formula formula formula formula formula Ages All All All All All 50 -54 0.33 0.44 0.60 0.62 0.60 55 -59 0.42 0.54 0.64 0.69 0.69 60 -64 0.54 0.56 0.59 0.64 0.71 65+ 0.52 0.52 0.54 0.58 0.65 SAFETY MEMBERS 2% 55 2% 50 3% Al 55 3% Al 50 formula formula formula formula Ages All All All All 50 -54 0.43 0.61 0.70 0.80 55 -59 0.50 0.68 0.75 0.75 60 -64 0.47 0.63 0.70 0.70 65+ 0.42 0.57 0.63 0.63 NOTE: In addition, there is a $10.00 valuation fee for each member who retires during the designated period and receives the additional service credit. 0019161 PERS -CON3 PA (Section 20903) Page 2 roe., eH7 /Mll This is a SAMPLE ORDINANCE and is intended to be used as a guide only. It is included to allow you sufficient time to prepare your Ordinance for a first and final reading. The Resolution of Intention and a uments should not read*na of the Ordinance. An Ordinance of the ORDINANCE NO. of the (Name of Governing Body) authorizing an amendment (Name of Public Agency) to the contract between the of the (Name of Governing Body) and the (Name of Public Agency) Board of Administration of the California Public Employees' Retirement System. The (Name of Governing Body) (Name of Public Agency) of the does ordain as follows: Section 1. That an amendment to the contract between the (Name of Governing Body) of the (Name of Public Agency) and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit, and by such reference made a part hereof as though herein set out in full. Section 2. The of the (Title of Presiding Officer) (Name of Governing Body) is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. Section 3. This Ordinance shall take effect days after the date of its adoption, and prior to the expiration of days from the passage thereof shall be published at least in the I , a newspaper of general circulation, (Name of Newspaper) published and circulated in the (Name of City or County) thereafter the same shall be in full force and effect. Adopted and approved this day of Presiding Officer Attest: Clerk PERS- CON -11A (Rev. 8/94) (Amendment) and thenceforth and 0101 1 G� ATTACHMENT 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF MOORPARK AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM WHEREAS, at its meeting of June 4, 2003, the City Council considered an amendment to the contract between the City of Moorpark and the Board of Administration of the California Public Employees' Retirement System to allow for the provision of two years additional service credit in accordance with Section 20903 of the Government Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. That an amendment to the contract between the City Council of the City of Moorpark and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit, and by such reference made a part hereof as though herein set out in full. SECTION 2. The Mayor of the City of Moorpark is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. SECTION 3. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 4. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption 0C 41-111G3 Ordinance No. Page 2 thereof, cause the same to be published once in the Moorpark Star a newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this day of , 2003. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Exhibit: Amendment to Contract 0013'164 ITEM 9, F: AC, MOORPARK CITY COUNCIL AGENDA REPORT TO: The Honorable City Council FROM: Steven Kueny, City Manager �� DATE: May 29, 2003 (CC Meeting of 6 -4 -2003) SUBJECT: Consider Mission Statement, Priorities, Goals and Objectives for Fiscal Year 2003/2004 At the Special City Council meeting of May 28, 2003, the City Council directed this item be continued to the June 4, 2003 meeting. STAFF RECOMMENDATION: Consider the priorities, goals and objectives on June 4, 2003. SK:db Attachment s: \City Manager \Everyone \ccagenda \Goals and Obj 2003 -2004 Agenda Rpt 0604 2003.doc lX 4 3 165 ITEM q • N MOORPARK CITY COUNCIL a �' AGENDA REPORT TO: The Honorable City Council FROM: Steven Kueny, City Manager 40 � DATE: May 15, 2003 (CC Meeting of 5 -21 -2003) SUBJECT: Consider Mission Statement, Priorities, Goals and Objectives for Fiscal Year 2003/2004 The City Manager's recommended "Mission Statement, Priorities, Goals and Objectives" for the City of Moorpark for fiscal year 2003/2004 will be presented to the City Council for its consideration on May 21, 2003. It is recommended that the City Council consider the proposed priorities, goals and objectives at the same time it considers the City Manager's proposed budgets. STAFF RECOMMENDATION: Consider the priorities, goals and objectives on May 28, 2003. SK:db S: \City Manager \Everyone \ccagenda \Goals and obj 2003 -2004 Agenda Rpt 0521 2003.doc 0 CO 1 CC ITEM q • �s- MOORPARK CITY COUNCIL AGENDA REPORT TO: The Honorable City Council FROM: Steven Kueny, City Manager r DATE: May 20, 2003 (CC Meeting of May 21, 2003) SUBJECT: Consider Mission Statement, Priorities, Goals and Objectives for Fiscal Year 2003/2004 Attached are the proposed Mission Statement, Priorities, Goals and Objectives for FY 2003/2004. It shows the proposed changes from FY 2002/2003 in legislative format. It also includes the City Council designated "Top Ten (10) Priorities." It is generally acknowledged that with current staff levels, there are many more objectives listed than can be reasonably expected to be accomplished in the year. In fact, many of the objectives will take several years to fully complete. A written status report on the various priorities and objectives is not included as part of this report. The City Council Monthly Report provides a status on most of these items as well as other staff work efforts. Staff will respond to specific Council questions when this matter is considered. In prior years, the proposed objectives were submitted to the City Council as part of the annual budget process and usually reviewed informally as part of the budget deliberations. Formal consideration of the objectives usually followed adoption of the budget. Since 2002, the Council has considered the objectives prior to preparation of the budget with the purpose of having more correlation between the Council approved objectives and City Manager proposed budget. To this end, the Council received a status report in February 2003. The City Council subsequently met in separate, joint meetings with the Parks and Recreation 0 1657 City Council Agenda Report Re: Mission Statement, Priorities, Goals and Objectives May 20, 2003 (CC Meeting of May 21, 2003) Page 2 Commission and Planning Commission and discussed the City's priorities. Some of the items discussed are included in the proposed priorities, goals, and objectives. The report to the Council for the February 5, 2003 meeting included a list of 47 other potential objectives. Of these, eleven have been proposed either for deletion from the list or included on the list of proposed objectives for 2003/2004, as noted below, and five additional items are proposed to be added to the list of potential objectives. Potential Objectives 1. Conduct a community -wide survey to measure the level of satisfaction residents feel about City services, develop a program to regularly solicit public input and feedback regarding service satisfaction, and continue to implement a system to track customer requests and complaints. 2. Tape a minimum of two (2) special City- sponsored events or meetings for replay supporting public information and community promotion efforts and evaluate the feasibility of taping a video about Moorpark City government. 3. Design and construct electrical system for decorative lighting on High Street, utilizing recently constructed underground conduit system. 4. Implement Neighborhood Preservation Program. 5. diseretien in establishing speed lifRits that are enfereeaDle ur. Delete 6. Conduct an Organization and Management Study and prepare an implementation plan. 7. Analyze potential for franchising of telephone services providers that provide cable television services. S: \City Manager\Everyone \ccagenda \Goals & Obj Agenda Rpt to HCC 0521 2003.doc 0019168 City Council Agenda Report Re: Mission Statement, Priorities, Goals and Objectives May 20, 2003 (CC Meeting of May 21, 2003) Page 3 8. Taping monthly announcements of upcoming city- sponsored activities for replay on the City Government Channel. 9. Evaluate feasibility of establishing a teen center. 10. Apply for "Tree City U.S.A." designation after adoption of Amended Tree Ordinance. 11. Evaluate feasibility of lighting additional parks and recreation facilities including Arroyo Vista Community Park (AVCP) multi - purpose court and second softball field, two basketball courts at Mountain Meadows Park, and proposed skatepark. 12. Develop inventory of natural open space properties owned by City and HOA's and other privately owned property restricted by conservation easement or other development condition or limitation. 13. Install winter holiday decorations on street light poles at various locations in the City. 14. Adopt formal traffic policies. 15. Install a compressed natural gas (CNG) pumping station for City and public use in Moorpark. 16. Conduct an Arbor Day event. 17. Expand PeindeiEter Park. Proposed 2003/04 FY Objective 18. Utility undergrounding projects. 19. anifie park. Proposed 2003/04 FY Objective 20. Proposed 2003/04 FY Objective S: \City Manager\Everyone \ccagenda \Goals & Obj Agenda Rpt to HCC 0521 2003.doc 0 0t)16 City Council Agenda Report Re: Mission Statement, Priorities, Goals and Objectives May 20, 2003 (CC Meeting of May 21, 2003) Page 4 21. &peeifie Plan fer c^crea - 'uo t of Virginia Gel _ 1y en seuth ide—ef Imes Tnn ^les Venue Proposed 2003/04 FY Objective 22. Rental Inspection Ordinance. 23. Expand Arroyo Vista Recreation Center and gym. 24. Work with property owner to improve west City entry. 25. Develop plan for recreational use of detention basin in Specific Plan No. 1. 26. Electronic message sign. 27. Install traffic signal at eastbound SR 118 Collins Drive /Los Angeles Avenue off ramp. 28. Work with Historical Society on finalizing a site for its proposed facility. 29. Develop policies for Arts in Public Places expenditures. 30. Develop guidelines for fine and cultural arts expenditures. 31. - Izx- z' se�� ^' ed ^ i l u i u:» aN "" g Proposed 2003/04 FY-Objective 32. Landscaping improvements and signage for Arroyo Vista Community Park entry. 33. Landscape north side of Poindexter Avenue from Gabbert Road east to vicinity of Chaparral School. 34. Establish apricot orchard at one or more locations for community's historical purposes. 35. Evaluate feasibility of establishing a publicly owned, privately operated equestrian center. S: \City Manager\Everyone \ccagenda \Goals & Obj Agenda Rpt to HCC 0521 2003.doc City Council Agenda Report Re: Mission Statement, Priorities, Goals and Objectives May 20, 2003 (CC Meeting of May 21, 2003) Page 5 36. Work with Caltrans to install landscaping and decorative pavement at Tierra Rejada Road /SR 23 ramps. 37. Develop program to assist City employees as first -time buyers to purchase housing in the City. 38. Establish rcergreidnc Utility B; s -. i- ie -- cv ;.ide rgr l 31- 8- ;Trefft Shasta Avenue - - Millard Street:- Pro osed 2003/04 FY Objective 39. Consider feasibility of pedestrian bridge on Los Angeles Avenue (SR 118) in vicinity of Moorpark Avenue. 40. Consider feasibility of pedestrian bridge over Poindexter Avenue and Union Pacific Railroad (UPRR) from Specific Plan No. 1. 41. Genside-r feasibility —ef eenver-ting Walnut GanyeT Brain t e a fRere natlar-al design frem Casey Read te the planned Gpeeifi-e Plan N . , ,aet-„nt-; bar; r Delete 42. Prepare-- General - Plan Land — Use Element and " Proposed 2003/04 FY Objective 43. Establish Civic Hall of Fame to recognize city enhancement efforts by individuals and organizations. 44. City's Master Braina��e Pro osed 2003/04 FY Objective 45. Upgrade Community Center kitchen facilities. 46. r study te deter-mine apprepriate Proposed 2003/04 FY objective S: \City Manager\Everyone \ccagenda \Goals & Obj Agenda Rpt to HCC 0521 2003.doc 00'011 City Council Agenda Report Re: Mission Statement, Priorities, Goals and Objectives May 20, 2003 (CC Meeting of May 21, 2003) Page 6 47. Construct a second lighted basketball court at Griffin College View Park. 48. Develop recommendations for public art at Arroyo Vista Recreation Center and College View Park. 49. Evaluate feasibility and cost for modifying traffic signal pedestrian crossing devices for use by vision impaired and physically disabled persons as well as upgrading to include time display. 50. Construct restroom at Glenwood Park. 51. Evaluate feasibility of landscaping remaining portion of Monte Vista Nature Park and adjacent properties with native vegetation. 52. Evaluate feasibility of relocating the Metrolink layover facility. The proposed list of 2003/2004 objectives includes twenty (20) new objectives, including development of the Moorpark Human Services Complex, a part of which is the next phase of locating a permanent site for Catholic Charities (Objective F.14. in 2002/2003). The list also includes thirteen (13) completed objectives inclusive of F.14. There are 99 proposed objectives for 2003/2004. At its February 5, 2003 meeting, the City Council concurred that the priority to "Construct Arroyo Vista Community Park Phase II and evaluate feasibility of a second vehicular access" would be deleted from the list to recognize the imminent construction of the park improvements. The second part of this priority was to be retained as an objective with a focus on potential use of the existing pedestrian bridge for one -way vehicular traffic. Staff was directed to make a recommendation for a new priority item for Council consideration. It is recommended that the construction of the Moorpark Human Services Complex be added as the new priority for 2003/2004. S: \City Manager\Everyone \ccagenda \Goals & Obj Agenda Rpt to HCC 0521 2003.doc City Council Agenda Report Re: Mission Statement, Priorities, Goals and Objectives May 20, 2003 (CC Meeting of May 21, 2003) Page 7 STAFF RECOMMENDATION: Approve Mission Statement, Priorities, Goals and Objectives for Fiscal Year 2003/2004. SK:db Attachment S: \City Manager \Everyone \ccagenda \Goals & Obj Agenda Rpt to HCC 0521 2003.doc () (1-3-11,4111 �����4 CITY OF MOORPARK Mission Statement, Priorities, Goals, and Objectives FY x- 0022003/200 -32004 0001 5 CITY OF MOORPARK Mission Statement, Priorities, Goals, and Objectives For FY 20022003/20032004 CITY MISSION STATEMENT Striving to preserve and improve the quality of life in Moorpark. TOP TEN (10) PRIORITIES* 1. Construct new City Hall and Corporate Yard Facility. (F2 & P2-9 -F 18 ) 2. Construct police station. (F!7C10 & F15) 3. Comprehensive update of General Plan Land Use and Circulation Elements and adopt updated OSCAR Element to insure internal consistency among all elements of the General Plan. (G4, & G11,, & G16) 4. Widen Los Angeles Avenue /New Los Angeles Avenue (SR118) to six travel lanes from Tierra Rejada Road to SR 23 Freeway with a raised median and traffic signal interconnect system. (Cl a) , b) , c) , & d) 5. Truck ban on Los Angeles /New Los Angeles Avenue (SR118) and permanent truck scale facility west of the City. (C5 & C7) 6. Widening of Moorpark Avenue /Walnut Canyon Road from Los Angeles Avenue (SR118) to north City limits. (C11 & C12) 7. feasibility ref a seeend y hieular— aeeess . (F3)Construct Moorpark Human Services Complex. (F13) 8. Increase City's General Fund revenue through enhancement of existing revenue sources including business attraction and retention programs and establishment of additional revenue sources. (D1, D2, D5, D7, D11, D12, D13, D14, D15, D16, D17, F 10 , F S ,—&T2-7- ) 9. Enhance open space and greenbelt areas and determine feasibility of establishing a trail system along the Arroyo Simi and work with other public agencies to develop a comprehensive Arroyo Simi Management Plan that incorporates flood control, habitat preservation /restoration, and recreation components. (G5 & G15) 10. Develop and implement program to encourage new multi and single family housing on underutilized sites within the Downtown Specific Plan area and increase the number of affordable housing units. (B5, 36, B114, & G8) * The objectives listed are as shown in legislative format with this draft. 2 S: \City Manager \Everyone \ccagenda \Objectives 2003 -2004 Draft 0521 2003.doc B.doc 009:17C DEPARTMENTAL GOALS AND OBJECTIVES The abbreviation used after each objective indicates which department has responsibility for it. If more than one abbreviation is used, the first one shown has primary responsibility for that objective. The abbreviations and corresponding departments used are as follows: (ACM) Assistant City Manager (AS) Administrative Services (CA) City Attorney (CC) City Clerk (CD) Community Development (CE) City Engineer (CM) City Manager (CS) Community Services (MRA) Moorpark Redevelopment Agency (PD) Police Department (PW) Public Works A. Expand and encourage community involvement in establishing the general policies of the City and increase the public's understanding of local government operations. 1. Develop a general emergency preparedness manual for distribution to Moorpark residents. The manual will outline how to prepare for, and what to do following a disaster. (ACM) feasibility 2. Evaluate the eleetrenie messages— frem the pidb3ie -te be reeeived b , thenrt -1 CiIC— Mayez-- CL-n'd Gei neilm �C s during City Gvd ���1 e* - (AS S & ^G` Completed agenda paeket. (,G- S) Completed 24. Complete enhanced city web site that provides= dbl = with a variety-e -f page-for reereatien pregrafRs - and downloadable brochures of City services and submission of electronic messages pertaining to City Council, Planning Commission, and Parks and Recreation Commission meeting agenda items prior to 1:00 p.m. on da of meeting. (AS & CC) 3 S: \City Manager \Everyone \ccagenda \Objectives 2003 -2004 Draft 0521 2003.doc B.doc 0 ','- 3 i B. Revitalize downtown Moorpark with a focus on High Street and the surrounding business district and residential neighborhoods, which includes consideration of public rail transit, potential for increased residential density, and governmental and related public uses. 1. Coordinate the City's efforts to resolve concerns with day laborers. (MRA) 2. Complete project to landscape the railroad frontage property along Moorpark Avenue, including the vacant area west of the south Metrolink parking lot. (CS & MRA) 3. Install landscaping and downtown identification signs at entrances to High Street. (MRA) 4. Complete the eeneeptu design for the Spring Road widening project from the railroad tracks south to Los Angeles Avenue ---te deter e- the -design (sidewalk, travel lanes, bike lanes, medians, ark -wa-ys, landseaping, enti-y signs, ; ete� -_and proceed with right -of -way acquisition. (PW) 5. Review and consider revisions to the Downtown Specific Plan including but not limited to the and eensider mT� fieatien te eidrrent- vision, policies, land use, zoning and development standards and uses for City /Agency owned properties. (CD & MRA-&--GD) 6. Develop program to encourage new multi and single family housing projects on underutilized sites within the Downtown Specific Plan area and consider feasibility of City /MRA acquisition of selected sites. (MRA & CD) 7. Install improved street lighting on designated downtown residential streets. (MRA & PW) 8. Prepare related domain & CC) amendment to Moorpark Redevelopment ballot measure to extend reestablish authority and related ballet faeasdre. Plan and eminent (MRA, 9. Medify- land - use - and - zeerg and prepare related 4 S: \City Manager \Everyone \ccagenda \Objectives 2003 -2004 Draft 0521 2003.doc B.doc CA eggewe 6__ed-- site —at Millard t e ,a Les _Angeles A� de (MRA & GD) Completed 0. — Genstruet tempe - arking iet impreverRents en Ageney ewned High ,Street pepper-ty. (MRA & "W�_ Completed 3rI9. Acquire site and construct mini -park within Downtown Specific Plan area. (MRA & CS) 10. Acquire property and prepare conceptual development plan for expansion of Poindexter Park. (CS) 11. Prepare General Plan Amendment for Land Use Element and Zoning Code modification for the affordable housing site as part of the West Pointe Homes / William Lyon Homes Development Agreement. (CD) 12. Complete update of Redevelopment Implementation Plan for 1999 -2004 and prepare draft Implementation Plan for 2004 -2009. (MRA) 13. Prepare report on health and longevity of High Street pepper trees and related maintenance and replacement plan for City Council consideration by December 31, 2003. (CS) C. Improve traffic circulation and mitigate impacts on the movement of traffic through the City. 1. Work with Caltrans to complete a number of projects including: (PW) a) Obtain Ga Trans Caltrans approval for construction of a raised median on Los Angeles Avenue /New Los Angeles Avenue from west city limits to SR-23 Freeway. b) Installation of a traffic signal interconnect system and permissive /restrictive left turns at certain intersections to provide improved signal coordination and traffic flow on New Los Angeles Avenue and Los Angeles Avenue; c) Construct the Los Angeles Avenue at Beltramo Road widening project; d) Complete design and acquire right -of -way to widen Los Angeles Avenue between Spring Road and Moorpark Avenue. 5 S: \City Manager \Everyone \ccagenda \Objectives 2003 -2004 Draft 0521 2003.doc B.doc 2. Complete report on the Citywide Traffic Mitigation fee and develop more precise information on the proposed east /west route that addresses local issues, including retention of consultant for an implementation plan pertaining to the level of improvement required to serve as an east /west transportation corridor, cost, funding alternatives, and plan for phased implementation. (CD & PW-&:- ) 3. Design-Construct traffic signal interconnect system on Tierra Rejada Road from Los Angeles Avenue Gprri g Read- to SR 23 Freeway to possibly include eval ate petle t4 al -use of permissive /restrietive- protected left turns at certain intersections (PW). 4. Acquire right -of -way and improve Los Angeles Avenue (East) from Condor Drive west to 1,500 feet east of Spring Road. (PW) 5. Obtain a truck ban on SR 118 (except freeway portion). (PW) 6. Install bus benches and shelters at selected City bus stops. (CS) 7. Work with VCTC, CHP, Caltrans, and County of Ventura to site a permanent truck scale facility west of the City. (PW & ACM) 8. Monitor Caltrans' efforts to develop improvement plan for widening of SR 118 west of Moorpark City limits including proposed improvements at the SR 118 and SR 34 /Donlon Road intersection. (PW) g. Pidi-sue grant f :und ng nd Ddesign few -the modification, improvement, and widening of the rail crossings at Spring Road and at Moorpark Avenue. (PW) 10. Preeeed with Complete construction of street realignment and signalization at the intersection of Flinn Avenue, Second Street and Spring Road. (PW) 11. Proceed with the development of the design and acquisition of additional right -of -way necessary to provide two southbound lanes on Moorpark Avenue (SR 23) 6 S: \City Manager \Everyone \ccagenda \Objectives 2003 -2004 Draft 0521 2003.doc B.doc 0001G® between Casey Road and Los Angeles Avenue (SR 118). (PW & CD) 12. Coordinate efforts of various developers to construct improvements to Walnut Canyon Road (SR 23) from Casey Road to north City limits to provide lane widening, paved shoulders, and striped median. (CD & PW —& GD) 13. Complete report on ie`entia alternative road alignments for SR_23 between Broadway and Los Angeles Avenue. (CD, PW &-F---CE O GD ) 14. Amend General Plan Circulation Element to include High Street west of Moorpark Avenue (SR 23) as a local collector street. (CD) D. Strengthen the City's fiscal stability and long -range financial growth. 1. Develop proposed Business License Program for consideration by the City Council. (AS) 2. Prepare a City marketing brochure and related materials for business attraction and retention. (MRA) 3. Revise park land dedication ordinance and -Park Master- Plan-and evaluate adequacy of current parks improvements fee for commercial and industrial development. Evaluate the feasib —ez establishing an ende'agRment fund that wezr,,ld alrew -fe reel aeeFa«-.nt at parks=-(CS, CD & AS) 4. Submit the seven -year Capital Improvement Program (CIP) for City Council's consideration by December 31, 20032. (PW) S. Complete a comprehensive fee study for development related fees for consistency with current direct and indirect costs. (AS) 6. Implement Cost Recovery Program for Code Enforcement. (CD & AS) 7. Develop improved cost and time accounting addressing when to use flat fee amounts instead of deposits for planning and engineering fees and develop real time billing rates for all departments. (AS & CD) 7 S: \City Manager \Everyone \ccagenda \Objectives 2003 -2004 Draft 0521 2003.doc B.doc 8. Develop plan for expenditure of Traffic Systems Management monies collected from development projects for improvement of air quality. (CD & CS- -&-GD) 9. lfRplefRen-t Pregx ccrir ze insdre departfRental respensibility and aeeeuntability fer maintaining th inventery and preteeting the Git ' s fixed ` ed ets (AS-) Completed 10.9.Develop an equitable basis for requirement on new development projects to provide Affordable Housing units and /or pay in lieu fees and for calculating the amount of Traffic Systems Management (TSM) fees. (CD, MRA F, AS) --i--.10. Implement an electronic imaging system fee to be eel eete d paid prior to or concurrently with final building permit issuance -rem -to pay the City's costs for scanning approved building permits and plans_ inte— aneleet-re (CD & CC -& GB) 3 .11. Complete efforts to implement GASB 34 requirements to record infrastructure as capital assets and modify annual financial reports to include a government -wide component. (AS, PW & CS) - 1-.12. Evaluate potential uses for parcels deeded to City by SDI. (ACM) 1-4.13. Conduct citywide mail ballot to seek increase in assessments for street lighting and landscaping. (PW & CS &PW) vehice1es . (C-M & PD) Completed 3-14. Develop a fee program for businesses requiring inspection to insure NPDES compliance. (PW & AS) 15. Evaluate feasibility of establishing a fee on all building_p_ermits for new construction to assist with funding updates of General Plan elements. (CD & AS) 16. Complete a commercial demand study to determine appropriate ranqe of commercial acreage for cif at build out for City Council consideration by October 31, 2003. (CD) S: \City Manager \Everyone \ccagenda \Objectives 2003 -2004 Draft 0521 2003.doc B.doc 0 *`38, 02 17. Conduct a comprehensive analysis of Moorpark Redevelopment Agency finance projections, including cash flow and bonding capacity. (MRA) E. Reduce the potential for juvenile crime through intervention and prevention efforts. 1. Develop a Youth Master Plan in collaboration with the various agencies that serve Moorpark youth, including MUSD and Moorpark Boys and Girls Club, and interested residents to identify existing needs, services and programs. (CS) 2. Work with community groups and school district to address violence intervention and drug use among teenagers. (PD & CS) 3. Determine a location and construct a permanent skatepark. (CS) F. Enhance the delivery of services and expand program efficiencies. 1. Coordinate City's efforts for proposed transfer of Waterworks District No. 1 to the City. (CM) 2. Develop conceptual design proposal for new City Hall, council chambers, and other government offices and complete necessary property acquisition. (ACM) 3. Prepa -e a prepesed Complete construction phasing, fe= development of Arroyo Vista Community Park Phase II and evaluate feasibility of a seeend-regular vehicular a-eees—use of the pedestrian bridge. (CS & PW) 4. Prepare Complete standard development project conditions of approval used for each type of entitlement. (CD) 5. Update and revise the Subdivision Ordinance and present it to —the —for City Council consideration and lle-r adoption by December 31, 2003-2-. (CD, CA & CE) 6. Complete a policy and procedures manual for code enforcement activities. (CD) S: \City Manager \Everyone \ccagenda \Objectives 2003 -2004 Draft 0521 2003.doc B.doc 0 IC 31l3 -3 7. Bevelep Complete a Citing Procedures Ordinance Geuneil aetien - and prepare - an er--di ee- making any violation of a City Ordinance subject to an administrative fine or penalty for City Council consideration and adoption by December 31, 2003. (CD & CA) 8. Free - Complete Guidelines for Preparation of Landscape and Irrigation Plans. (CD) 9. Prepare an Accounting Policies and Procedures Manual and revise Purchasing Ordinance and related procedures. (AS) 10. Complete negotiation of cable television franchise renewals with Adelphia for City Council consideration by-june 30 December 31, 2003. (ACM) internet a ee es e-by City -emp l eyees— (-AG3- Completed 3-211. Evaluate the feasibility of on -line park reservations and registration for recreation programs. (CS & AS) 13.12. Consider options for funding construction and maintenance of a community aquatic facility. (CS) 14. in eenjunetien with Vt ire r interested -age es we r-k with . ath$lJ_ -C — Charities — cQ--re e-a- te a - - permanent - site —zn Meerpar-k. (MPk�- Completed 13. In conjunction with other agencies, coordinate preparation of the conceptual plan, design and financing plan and construction of the Moorpark Human Services Complex for the provision of health and social services to the residents of Moorpark. (MRA) Gei:ineil- esnideratren- lnelading p=evisien fer- ai:iteaated serviee by Deeexbe-r 31, 2902. (GS) Completed ��.14. Evaluate City's law enforcement needs and priorities and related allocation of resources. (CM & PD) . 10 S: \City Manager \Everyone \ccagenda \Objectives 2003 -2004 Draft 0521 2003.doc B.doc 000184 10=15. Develop eeneept• -u final design for police station including space for and deter-mine fca sibil i T - -1 of siting California Highway Patrol offices and emergeney serviees at same- 1eeatsere —and initiate construction. (ACM & PD) 14-16. Evaluate - �eae- i� - i -tnd implement - ; - - - - -- i - ,dam ene rgy ee nso��re measures e r City t y f - - l - «- , - 3neluding the -eptien fer phetevelra; e system a;,d dDetermine feasibility and cost for electrical generator to serve Arroyo Vista Recreation Center. (AmS I-CS ) 417. Update City's Record Retention Schedule to conform to federal and state law and prepare for increased destruction of paper records. (CC) 14418. Develop final design -for a new Corporate Yard for the Public Works and Community Services maintenance functions and initiate construction. (PW & CS) 22.20.1nstall mutt mitt dispensers at all City parks. (GKG-)- Completed. Arreye -Vista Gemmunity Park by September 30, 2G.(,A4- Completed I&-19. Construct a play lot and half court basketball court at Villa Campesina Park. (CS) 14-20. Install new playground equipment in both play lot areas at Mountain Meadows Park. (CS) 24. install new park name - menyment -signs at Villa r=m esi�- Park Meentain n ea-dews- Park, and Tierra Rej ada- Par-} (CS) — Completed 10-21. imp -lemen Complete initial phase of GIS application. (AS) 2 ;� . 1 mp l eme zit new database system fer traeking, analyzing reperting develeper depesie and ehar es inn ud n staff time eharges. --(AS & GQ Completed 11 S: \City Manager \Everyone \ccagenda \Objectives 2003 -2004 Draft 0521 2003.doc B.doc 0"00.85 G. previsiens -ef the Munieipal - Cede —(GS;- Completed 22. Construct a canine park at Colleqe View Park. (CS) 23. Evaluate feasibility of using a contractor to perform a citywide canvassing for animal licensing. (CS) 24. Evaluate feasibility of in -house processing of parking citations. (PW & AS) 25` Evaluate feasibility of constructing a second point of egress for the south Metrolink parking lot. (CS, PW & MRA) 26. Develop guidelines and procedures implementing a Youth Scholarship Program for eligible low income participants in city recreation programs. (CS) Reinforce and enhance Moorpark's attractive community character and safeguard its desirable resources. 1. Work with Ventura County Fire Prevention District to consider siting a fire station in the Campus Park area of the City. (ACM) 2. Plan and conduct an emergency response exercise involving the City Council and a simulated emergency response drill and update City's SEMS Multi Hazard Functional Plan (Emergency Plan) and improve communication capabilities of the City's EOC. (ACM & PD) 3. Develop Ordinances and related policies and program guidelines for collection and use of Art in Public Places and Tree and Landscape fees. (CS & CD) 4. Complete an the updated of the OSCAR Element of the General Plan, the related and rY=_c__ GPA and environmental documentation and :update the Park Master Plan to be consistent with the updated OSCAR Element by June 30, 2004. (CD & CS) 5. Develop options to enhance open space and greenbelt areas for consideration by the City Council. (CM & CD) 12 S: \City Manager \Everyone \ccagenda \Objectives 2003 -2004 Draft 0521 2003.doc B.doc op:DIING 6. Process General Plan amendment and Zoning Code amendment to create a Natural Open Space land use designation and zone district as initiated by City Council in 1995. (CD) 7. Prepare a Business Recovery Plan. (AS) 8. Develop affordable housing assistance programs in conjunction with residential development projects in the City and develop a program for affordable housing assistance projects utilizing redevelopment set aside funds and other available funding sources to increase the affordable housing stock in Moorpark. (MRA) 9. Work with State of California to achieve appropriate reuse of former Caltrans yard including widening of Los Angeles Avenue. (CD & MRA) 10. Develop plan and conceptual design for City entry signs. (GS & PW, CS & CD) 11. Initiate comprehensive update to General Plan Land Use and Circulation Elements and insure internal consistency among all General Plan Elements. (CD) 12. Consider amendments to the Zoning Ordinance to allow greater use of a variety of residential development concepts to ensure optimum open space and recreation amenities while achieving appropriate densities. (CD) 13. Establish design standards for commercial, industrial, and residential development projects. (CD) 14. Complete landscaping improvements on south side of Los Angeles Avenue east of Tierra Rejada Road. (PW & CS) 15. Conduct study to determine feasibility of establishing a trail system along the Arroyo Simi through the City and east to connect to trail system in Simi Valley. (PW & CD) 16. Process amendments to City Zoninge Ordinance including ';g; -ngparking, entitlements, signage and second dwelling units. (CD) 17. Analyze feasibility and if feasible, prepare policy and standards requiring installation of a photovoltaic 13 S: \City Manager \Everyone \ccagenda \Objectives 2003 -2004 Draft 0521 2003.doc B.doc 0 .,[101a f system for residential projects for consideration by Planning Commission and City Council by jidreODecember 31, 2003. (CD) 18. Plan Implement activities to celebrate City's 20th anniversary of incorporation. (CS) 19. Initiate Tree Lighting Ceremony community event in conjunction with the Metrolink Santa Train program. (CS) 20. Process proposed North Park Specific Plan and related environmental document, GPA, Zone Change, development agreement, sphere of influence amendment and annexation for City Council consideration. (CD, CM & CC) 21_ Install landscaping in the Tierra Rejada Road median from Spring Road to easterly city limits. (PW & CS) 22. Update city's 1995 Master Drainage Plan and incorporate needed improvements into Capital Improvement Program. (PW & CD) 23. Prepare Specific Plan for the Virginia Colony area of city. (CD) 24. Establish Underground Utility District to underground electrical transmission lines on Los Angeles Avenue (SR 118) from Shasta Avenue to Millard Street. (PW) 14 S: \City Manager \Everyone \ccagenda \Objectives 2003 -2004 Draft 0521 2003.doc B.doc 6' (A, .x.01 S 8 TO: FROM: DATE: ITEM- q. G. - 6 MOORPARK CITY COUNC I Iii - . AGENDA REPORT Honorable City Council Deborah S. Traffenstedt, ATCM /City Clerk S� May 29, 2003 (CC Meeting of 6/04/03) SUBJECT: Consider Revision Meetings to Change from 6:30 p.m. to BACKGROUND /DISCUSSION to Rules of Procedure for Council Regular City Council Meeting Start Time 7:00 p.m. Mayor Hunter has requested that staff schedule this item to allow discussion of a change to the regular City Council meeting start time from 6:30 p.m. to 7:00 p.m. Section 2.04.010 of the Municipal Code states: The regular meetings of the city council shall be held on the first and third Wednesdays of each month at the time set by resolution of the city council. Section 11.1 of City Council Resolution No. 2002 -2016 (Rules of Procedure for Council Meetings) states: The regular meetings of the City Council shall begin at the hour of 6:30 p.m. on the first and third Wednesday of each month. If the Council decides to revise the regular meeting time, staff will schedule a consent item for the next agenda to adopt a new resolution revising the Rules of Procedure and will subsequently then update the City's Home Page, government channel, and other public information brochures as appropriate. STAFF RECOMMENDATION Direct staff as deemed appropriate. 0 1';x:.89 jTr MINUTES OF THE CITY COUNCIL Moorpark, California April 2, 2003 A Regular Meeting of the City Council of the City of Moorpark was held on April 2, 2003, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 7:03 p.m. 2. PLEDGE OF ALLEGIANCE: Steven Kueny, City Manager, led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Ken Gilbert, Public Works Director; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; Cynthia Borchard, Administrative Services Director; Walter Brown, City Engineer; Captain Richard Diaz, Sheriff's Department; Paul Porter, Principal Planner; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. Mayor Hunter introduced Dwayne Christensen and Norman Rehaut, Ventura County Grand Jury members present in the audience. 4. PROCLAMATIONS AND COMMENDATIONS: None. 5. PUBLIC COMMENT: None. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:04 p.m. The City Council meeting reconvened at 7:10 p.m. 0 0':)19 Minutes of the City Council Moorpark, California Page 2 April 2, 2003 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.) Councilmember Mikos requested that Items 10.C. and 10.G be pulled from the Consent Calendar for individual discussion. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Millhouse requested adjournment in honor of the U.S. military men and women currently serving in Iraq. Councilmember Millhouse reported on transportation issues in the area and encouraged citizens to contact the Council with their concerns. As a result of citizen input, he cited changes made to the right -turn lane at Moorpark and Tierra Rejada Roads and for Caltrans' plans to revisit the time restrictions for eastbound traffic traveling in the shoulder lane of the State Route 118 freeway. Councilmember Millhouse, as Chair of the Ventura County Transportation Commission, reported on the status of funding for local transportation projects including the State Transportation Improvement Program's (STIP) list, which has placed an additional lane for Highway 23 as a top priority. He stated that this project will go out for bid in July with construction to possibly begin in December. 8. PUBLIC HEARING: A. Consider Commercial Planned Development Permit No. 2000 -04 for Construction of a 72,285 Square Foot Commercial Center and Tentative Parcel Map No. 5264 for Subdivision of 6.28 Acres into Four Lots Located at the Southwest Corner of Campus Park Drive and Collins Drive on the Application of M &M Development (Assessor Parcel No(s). 514 -0- 160 -045). (Continued from March 5, 2003, public hearing open). Staff Recommendation: 1) Accept public testimony and close the public hearing; 2) Adopt the proposed Negative Declaration as sufficient environmental documentation; and 3) Direct staff as to what alternative, if any, with respect to the gas station layout and the Collins Drive access and then Adopt Resolution No. 2003 -2071 MA911. Minutes of the City Council Moorpark, California Page 3 April 2, 2003 approving Commercial Planned Development Permit No. 2000 -04 and Tentative Parcel Map No. 5264, directing staff to amend the conditions consistent with Council direction. Mr. Hogan gave the staff report. In response to Councilmember Harper, Mr. Hogan stated that staff knows of no technology that can mitigate odors generated from the fast food restaurant. In response to Councilmember Mikos' request for a comparison to other sites, Mr. Hogan presented slides showing various commercial sites in neighboring communities, which have corner locations, gasoline stations, fast food restaurants, freeway access, and adjacent residential land use. Councilmember Mikos disputed that any of the sites shown were comparable to the Campus Park site with its adjacent public park, college, and residential area. She went on to question whether the Air Quality Impact of the Initial Study Negative Declaration should be revised to identify a potentially significant impact due to fumes from the gas station and asked if there is any merit to the public's concern. In response to Councilmember Mikos, Mr. Hogan stated that air quality is a regional issue; cities use a mitigation fee in order to improve air quality standards; the fees are used to fund electric charging stations, bus turnouts, van pools, and park and ride lots to try to minimize the air quality impacts; and van pooling is a possibility for the offices at this site. In response to Councilmember Mikos' request for a summary of the geotechnical measures that will be used to protect the site in regard to the information contained in the Initial Study Section on Geology and Soils, which states that the site for this project is located on a liquefaction hazard zone, Mr. Brown stated that there will be excavation of the site to a depth of approximately 6 -10 feet; replacement of the soils will create a pad resistant to liquefaction; and the gasoline tank pads would then be excavated and recompacted. 0 ell '119 Minutes of the City Council Moorpark, California Page 4 April 2, 2003 Councilmember Harper challenged that the environmental document does not correctly identify adverse impacts in the areas of Air Quality and Ambient Noise and should be re- evaluated. Councilmember Mikos provided a newspaper article from the Ventura County Star citing the Environmental Protection Agency's desire for stricter regulations for certain pollutants due to increased cancer risks, especially to children, caused by exposure to certain chemicals present in auto exhaust. She stated that this is further information to indicate that the Initial Study, in regard to Air Quality, has been misevaluated. Mayor Hunter stated that this is a continued public hearing. David Morehead, M & M Development, 66 Alviso Drive, Camarillo, provided a brief history of the changes made to the project and stated that the only remaining issues pertain to traffic and the gas station. He gave a PowerPoint presentation showing intersections in Camarillo, Westlake Village, and in Moorpark at the corner of Spring Road and Los Angeles Avenue, which are similar to this proposal. Mr. Morehead presented his arguments for retaining the ingress /egress on Collins Drive. He introduced Brian Doherty from TnT Resources, Inc., to present information on the gas station site. Ms. Traffenstedt asked for clarification on waiving rules for time exceeded on Mr. Morehead's presentation. CONSENSUS: It was the consensus of the Council to waive rules and allow the applicant to finish the presentation. Brian Doherty, TnT Resources, Inc., 302 Wood Ranch Parkway, Simi Valley, reported on 1,200 signatures collected from residents in support of the project; over 250 Written Speaker cards presented at this meeting in support of the project; and other signatures in opposition to the gas station, which were collected by misrepresentation of the project. He went on to state that the environmental concerns 0 CAI 10193 Minutes of the City Council Moorpark, California Page 5 April 2, 2003 raised by Councilmembers Mikos and Harper are unfounded, as Federal and State regulations protect the ground water from contamination; the site is situated to avoid truck use, thus diesel fumes would not be a problem; and the gas pumps are designed with fume -vapor recovery systems. Mr. Doherty cited the positive aspects of the project to be 100 -plus jobs for the community; increased tax revenue for the City; and the fact that the majority of the residents are in support of the project. Mr. Doherty introduced design consultant, Ken Barton and leasing agent, David Rush, as available for questions. Ted Green, Sr., a Moorpark resident, spoke in opposition to the gas station and fast food restaurant. Sabrina Simpson, a Moorpark resident, spoke in support of the project, especially with the 24 -hour gas station. Ken Fowler, a Moorpark resident, stated that the project is highly needed in this area for the mobilehome residents; and he would prefer spending his money in Moorpark rather than in Simi Valley. Dorothy Ventimiglia, a Moorpark resident, spoke in opposition to the 24 -hour gas station in a residential neighborhood due to health concern issues and air quality issues created by chemicals and harmful cancer causing vapors. Dr. Hogal Winkler, a Moorpark resident, spoke in opposition to the gas station; described misleading statements made in the original effort to collect her signature on a petition in support of the project; described her efforts to collect signatures on a subsequent petition solely in regard to the gas station; and cited the potential increase in noise, traffic, and air pollution caused by toxic fumes. Paul Smula, a Moorpark resident, asked Council to consider the relevant facts and make a decision. OCIO194 Minutes of the City Council Moorpark, California Page 6 April 2, 2003 Kathie Smula, a Moorpark resident, spoke in support of the gas station, and stated the location of the driveway access at the on -ramp to the 23 Freeway is much safer than locating it near the off -ramp. Dick Wardlow, a Moorpark business owner, stated that the city of Moorpark already has the cars, fumes, and traffic generated by those who work or go to college here, but do not reside in Moorpark; why not have the sales tax too. Jeanne Duncan, a Moorpark resident, spoke in support of the project, including the gas station; and stated that her monies could now be spent in Moorpark at these more conveniently located stores and gas station. Kevin Wood, a Moorpark resident, spoke in support of the development, including the gas station, for its convenience and for keeping tax dollars in Moorpark. Jerry Grote, a Moorpark resident, expressed concern regarding a potential violation of the Brown Act on the part of two Councilmembers. He went on to state his support of the project, including the gas station. Helga Tschaeche, a Moorpark resident, spoke in support of the convenience store at the gas station. Hazel Kivett, a Moorpark resident, spoke in support of the project. Rosalie Gehres, a Moorpark resident, spoke in support of the project with its pleasing architecture, convenience to the mobilehome residents, and potential for tax dollars to the City. Flo Carvalho, a Moorpark resident, spoke in support of the project, including the gas station. Howard Pompel, a Moorpark resident, concurred with the previous speakers in support of the project and added that with its convenience to Moorpark College students there will be more sales tax dollars for the City. 0Cs:195 Minutes of the City Council Moorpark, California Page 7 ril 2, 2003 Bill Smailes, a Moorpark resident, spoke in support of the project as a big help to the mobilehome residents for the purchase of gasoline and emergency groceries. Marla Kengen, a Moorpark resident, concurred with all of the positive comments in support of the project, including the gas station. Cynthia Hunt, a Moorpark resident, spoke in support of the development; however, she expressed concerns about the proposed 24 -hour service at the gas station in regard to ambient noise and unnecessary, possibly undesirable traffic in the neighborhood in late night or early morning hours. Steve Mazzuca, a Moorpark resident, stated that the parcel is zoned for commercial development, this project is beautiful, the applicant took the time to poll the neighborhood, and he can support it with refinements to the operating hours. Jean Hilton, a Moorpark resident, spoke in support of the project as a great convenience for those residents of the mobilehome park who can no longer drive. Martha Detlefsen, a Moorpark resident, spoke in support of the project. John Bartolotto, a Moorpark resident, spoke in support of the project, especially the gas station with enough employees on hand to assist handicapped individuals by pumping their gas. Darlene Sweet, a Moorpark resident, spoke in support of the project and requested a "No Right Turn on Red" from Campus Park Drive onto Collins Drive. Tim Rosevear, a Moorpark resident, spoke in support of the retail development with limited hours and without the 24 -hour gas station; expressed concern about strangers, transients, and criminals visiting the site, possibly to buy liquor and cigarettes; requested that there be no freeway signage to advertise the 24- hour gas station if it is approved; requested traffic signals where intersections are impacted; questioned the air quality mitigation fee; and objected to the odors generated by the fast food restaurant. () ("A101eG Minutes of the City Council Moorpark, California Page 8 April 2, 2003 Susan Nardi, a Moorpark resident, spoke in opposition to the 24 -hour gas station with liquor sales; expressed concerns regarding increased traffic in close proximity to the park and school; described the petition she circulated for those who do not want the gas station; and expressed her disappoint in those residents from outside the neighborhood who came to speak in support of the project. Steve Nardi, a Moorpark resident, spoke in support of a mix of retail and office space use for the project; expressed concern that constraints should be considered to improve traffic safety in regard to ingress /egress for the project; and requested consideration for limiting the hours of operation. He stated that if the gas station is approved, some compromises for lighting, noise, fumes, and traffic should be considered in order to preserve the residential quality of the neighborhood. Richard Schamber, a Moorpark resident, spoke in support of the project. Dan Shea, a Moorpark resident, stated his opposition to the driveway on Collins Drive; provided a slide presentation showing the need to relocate the traffic signal control box to prevent blocking the view of drivers approaching the project from the college; requested a right -turn lane into the gas station; suggested painting the wall at the corner in a neutral shade to silhouette cars to make them more visible; and recommended moving the public art piece to the interior of the project to provide less distraction to drivers. Mariana Velasquez, a Moorpark resident, spoke in support of the beautifully designed project as a necessity in this area for convenience, creation of jobs, and more tax dollars for the City. Scott McGrath, a Moorpark resident, spoke in support of the project; however, he expressed concerns regarding the multiple decision points at the intersection and suggested that left- and right -turn arrows be included to stop traffic when pedestrians are in the crosswalk at Campus Park and Collins 0cio197 Minutes of the City Council Moorpark, California Page 9 April 2, 2003 Drives; and emphasized the need for the driveway on Collins Drive. Ted Martens, a Moorpark resident, spoke in support of the project; identified the severe shortage of office space in Moorpark; and stated that this project would improve air quality since residents would not have to drive as far for gas and groceries. Joe Cavasino, a Moorpark resident spoke in support of the project; stated that commercial zoning was existing when the residents purchased their homes adjacent to the site; the noise from the center will not exceed that created by the passing trains; and Moorpark needs to grow and expand services. Roberta Sandor, a Moorpark resident, spoke in support of the project as vital to sustain this neighborhood by making gasoline, food, and other supplies accessible during an emergency that prohibits access to the main portion of the City. Pat Carden, a Moorpark resident, spoke in support of the project; however, he requested a different species of tree other than Pine, due to hazards from tree sap. Dr. Paul Gilmartin, a Moorpark resident, concurred with many of the positive comments in support of the project and stated that the developer is local and has the same concerns as the residents. AT THIS POINT in the meeting, Mayor Hunter declared a recess. The time was 9:27 p.m. The meeting reconvened at 9:52 p.m. Debbie Carden, a Moorpark resident, spoke in support of the project. Lynn Youngren, a Moorpark resident, spoke in support of the center, including the 24 -hour gas station. Jim Stueck, a member of the Moorpark Chamber of Commerce, 484 E. Los Angeles Avenue, spoke in support of the project with its needed services and tax benefits. He stated that the driveway on Collins Drive is necessary to make the center viable. Minutes of the City Council Moorpark, California Page 10 April 2, 2003 Linda Toth, a Moorpark resident and business owner in the Campus Park area, spoke in support of the project. Rifaat Hijaz, a Moorpark resident, spoke in support of the project. Ramee Hijaz, a Moorpark resident, spoke in support of the project. Cheri Risley Bohnert, a Moorpark resident, spoke in support of the project and concurred with suggestions to relocate the traffic signal box, move the art work to the interior, and keep the gas station as an anchor for the complex. C. Lina Santelli, a Moorpark resident, spoke in support of the project and stated that she had contacted the police department regarding accident statistics at the intersection of Campus Park and Collins Drives and learned that it is one of the safest intersections in Moorpark. Robert Brunner, a project is not attractive, safe, built. Moorpark resident, a truck stop; and a tax benefit, stated that this the project is and it should be In response to Mayor Hunter, Ms. Traffenstedt stated that there were 273 Written Statement cards submitted in support of the project as proposed; 13 Written Statement cards in opposition, and 7 Written Statement cards marked as neutral. She stated that various petitions have been received since the Council meeting on March 5, 2003, with 185 signatures in support of the project, 250 signatures, on two petitions, in support of the project without the gas station, and 16 signatures asking to have their names removed from the petition to eliminate the gas station. Mr. Morehead stated that between March 12 to March 30th, over 360 signatures in support of the project were collected; the noise from the freeway will drown out any ambient noise from the project; those who are against the gas station are actually against any project for this site; and the location of the gas station near a freeway mitigates its proximity to a residential area. () 199 Minutes of the City Council Moorpark, California Page 11 April 2, 2003 In response to Councilmember Parvin, Mr. Morehead stated that they will have to return with a new application for a use to replace the hotel previously proposed for this site. Mr. Hogan stated that the project will be built in one phase; stamped Page 23 of the agenda report Item d. should be corrected to show a base of $19,080 /acre for the calculation of the traffic mitigation fee; and on that same page, the date of commencement should reflect the year 2004, instead of 2003. He requested clarification on Council comments concerning changing the impacts on the Air Quality to Potentially Significant, which would require the preparation of an Environmental Impact Report (EIR). Mayor Hunter closed the public hearing. A discussion followed among the Councilmembers regarding the appropriateness of retaining the gasoline service station. Councilmember Harper stated that the project is well designed and the architecture is the best of any commercial development in Moorpark; he will not vote to approve the project if it includes the gas station; however, if the gas station is approved, it should be configured to be less obvious and the hours limited; and he is most concerned about those residents who live the closest to the project. Councilmember Mikos stated that if this project is approved, the Council will have to make findings that the proposal is not detrimental to health and is compatible with the surroundings; the finding cannot be made that a gas station is compatible with the adjacent residential area and a park; and except for the gas station, this is a gorgeous commercial center, which is needed in the area. Councilmember Millhouse stated that his comments address the project as a whole; he disagrees with Councilmembers Harper and Mikos; the applicant has gone through the appropriate process for property zoned for commercial use and it is disingenuous to eliminate the gas station; staff has performed their �i �(J® Minutes of the City Council Moorpark, California Page 12 April 2, 2003 job to improve the project by having undesirable elements, like the hotel, removed; the project has been addressed by experts to assure there will be no contamination of the soil or ground water; the project is well thought out; the entrance on Collins Drive is necessary; he is in support of moving the traffic signal box; the Planning Commission had a wise solution to the hours of operation by revisiting them in one year; and he is voting in favor because the residents have overwhelmingly indicated that they want the project. Councilmember Parvin stated that she is on the opposite side of Councilmember Mikos in regard to the findings, as this project is consistent with the provision of the General Plan and character of the surrounding neighborhood; odors were not emphasized by the public as being detrimental; the overwhelming majority want the project; a 24 -hour operation seems to be appropriate, so it is worth trying for a year; she lives near the project and is familiar with the traffic flow; the architecture is attractive; there should be no difficulty in finding tenants; the City can anticipate $170,000 in project revenue, which will strengthen fiscal stability; there has been an unprecedented effort on the part of the applicant to acquire input from the residents; and this project will make a beautiful gateway to this part of the community. Mayor Hunter stated that he is impressed with Mr. Ghericke's architectural skill in designing this beautiful center; he supports the project, which is long over due for the residents in the area who need these services; the proposal is economically viable to the developer; it is pleasing to the residents who seem to be proud of its design; it is adjacent to a freeway onramp; and it appears that there is enough Council support to approve the gas station, which has been the biggest question. A discussion followed among the Councilmembers regarding the access on Collins Drive for ingress /egress. Mayor Hunter stated that he supports the egress/ ingress at the driveway on Collins Drive, which can be Minutes of the City Council Moorpark, California Page 13 April 2, 2003 tolerated at that intersection and is a necessity to make the project work; the City can help make the situation safer by using some of the speakers' strategies; and he cautioned staff to ensure the driveway is strategically placed. Councilmember Millhouse stated that: he supports the driveway on Collins Drive; it makes sense to move the public art piece, relocate the traffic signal box, and to make sure the shrubbery at the corner does not obscure vision; and the suggestion for a left -turn only arrow from Campus Park Drive to Collins Drive should be studied. Councilmember Mikos stated that she concurs with Councilmember Millhouse regarding the art work, the left -turn arrow from Campus Park Drive to Collins Drive, the height of the shrubbery, and relocating the traffic signal box. She went on to state she supports ingress -only into the center on Collins Drive and concurs that the driveway is necessary for the success of the center, but without egress. A discussion followed between the Council and staff, which focused on eliminating egress out of the center onto Collins Drive; consideration for installing a red turn arrow for westbound traffic and whether there would be enough room for stacking at peak traffic hours; the condition that addresses changes to the traffic signals and a potential dual left turn lane study; the cost of moving the traffic signal box; a possible compromise to build the driveway for both ingress /egress capabilities with the understanding that if staff determines it causes conflicts in turning movements either one or both ingress /egress would be eliminated; and a suggestion that the driveway be constructed to accommodate both ingress /egress and that other traffic control measures be at the discretion of the City Engineer. Councilmember Parvin stated that there is a similar ingress /egress configuration at an intersection in Westlake Village, which has proved to be successful; and she believes intelligent people will adapt to the changes at this corner. Minutes of the City Council Moorpark, California Page 14 ril 2, 2003 Mr. Kueny suggested that if the Council's decision is to allow the compromise proposal to construct the ingress /egress driveway on Collins Drive, a condition should be added, that based upon a traffic study and an accident history over a three -year period, the Council would revisit this configuration to determine if they need to alter the decision. He went on to state that this option would require a provision of surety by the developer for that limited period. Councilmember Mikos agreed that is a good idea to include the option since the safety issue is of major concern. Councilmember Harper cautioned that the accident history does not reflect the true picture since many fender - bender accidents go unreported. Councilmember Millhouse concurred with the option as long as the decision returns to the Council. A discussion followed among the Councilmembers regarding the curb cuts on Campus Park Drive. Councilmember Harper stated that if the building were reversed, one curb cut could be eliminated, otherwise there would have to be two cuts. Councilmember Millhouse stated he defers to the decision made by the Planning Commission for the placement of the gas station and the curb cuts. Councilmember Parvin stated she prefers the original plan and would not reverse the gas station. Councilmember Mikos stated that she is opposed to the gas station; however, if it remains, she would be in favor of turning it, which would require changing the building elevations; and if the station stays where it is, she would agree that the driveways make sense. Mr. Hogan stated that staff has conditioned the project for an on -site left turn lane at the center driveway to avoid stacking. CONSENSUS: It was the consensus of the Council to agree with the Planning Commission's recommendation for the 0 (.11%w03 Minutes of the City Council Moorpark, California Page 15 April 2, 2003 driveway locations; the question of liquor sales is not part of this application; there is wisdom in the moving the signal box to a location to be determined by staff and to be paid for by the developer; the art in public places will be moved to an interior position; and that a Sign Program for the project will be brought back to the Council for approval. A discussion followed among the Councilmembers regarding the hours of operation. Councilmember Mikos stated that in considering all of the email, letters, phone calls, and testimony received, she is certain the residents do not want a 24 -hour operation, which she also feels is inappropriate for the area and should not be implemented, even on a trial basis. Councilmember Harper echoed Councilmember Mikos and stated that a petition signed by 234 residents is in opposition to having the gas station at all, let alone having it operate for 24- hours; and it is questionable that there would be much demand for those hours. Councilmember Parvin stated that she could vote either way on the 24- hours; she is confident that the Moorpark Police Department is competent in regard to taking care of any possibility of crime due to extended hours; and will base her decision on the fact that the Planning Commission was willing to give 24- hours a try. Councilmember Millhouse stated that only two of the speakers in support of the project brought up the 24- hour issue; residents in favor of the gas station, as proposed, did not mention the 24- hours; he concurs with Councilmember Parvin that the Planning Commission is willing to give it a try for a period of time; and if the Council decides to limit the hours, he would be in favor of 5:00 a.m. to 11:00 p.m. In response to Councilmember Mikos, Captain Diaz named several 24 -hour gas stations in the city. Councilmember Mikos stated that the 24 -hour gas stations are located along the main commercial corridor of the City where you would expect extended 0v° w .1 Minutes of the City Council Moorpark, California Page 16 ril 2, 2003 hours, but it would not be expected to find one in a neighborhood across from a park. She stated she would rather wait to see if the business is adversely affected before granting the 24- hours. Mayor Hunter stated that it is important not to overlook the needs of the residents in this area; it would seem reasonable to place some restrictions on the hours of operation, which would also ensure that there is no need for any freeway signage; it would seem 5:00 a.m. to midnight would be reasonable; and then after 12 months, the applicant could petition the City Council for a 24 -hour operation. Councilmember Harper stated he cannot imagine living in close proximity to the noise created by the stop and start of vehicles frequenting a 24 -hour gas station for the convenience of freeway travelers. He stated that he believes the residents would become accustomed to limited hours and visit the station when it is open. Mayor Hunter stated that the Council should not overlook the residents in the community who will be served by this center. He therefore proposed, that for the benefit of these adjacent residents, there should be some reasonable limit to the hours of operation. He further stated that this same reasoning should be used in the future, when determining the signage for this center, meaning there should be no need for freeway- oriented signage. A brief discussion followed among the Councilmembers and staff regarding different hours of operation for consideration. CONSENSUS: It was the consensus of the Council that operating hours for the entire center be 5:00 a.m. to midnight with the acknowledgement that the applicant has the right to petition the Council to reconsider a 24 -hour operation after a 12 -month period. Discussion followed between the Councilmembers and staff regarding whether the Council desired to make adjustments to the Initial Study in regard to the impacts of odors and noise. 000�05 Minutes of the City Council Moorpark, California Page 17 April 2, 2003 Mr. Hogan stated that a mitigating measure could not be applied in the category of Air Quality due to the fact that a finding could not be made regarding exposure to sensitive receptors. He went on to present the changes to conditions of approval and the mitigation monitoring measure required in order to accomplish moving from the category in the Initial Study of Less Than Significant Impact to Less Than Significant Impact with Mitigation for the issues of odor and noise. Councilmembers Harper and Mikos were in favor of making the changes to the Initial Study to protect the neighborhood by utilizing all available methods to minimize the impacts of odor and noise. Councilmembers Millhouse, Parvin and Mayor Hunter concurred that it was not necessary to change the category on the Initial Study from Less Than Significant Impact to Less Than Significant Impact with Mitigation, as the conditions of approval and other recourse, such as Code Enforcement, are available if violations or abuse occur. In response to Mayor Hunter, Mr. Morehead confirmed he has reviewed and is in agreement with the proposed and revised conditions. MOTION: Councilmember Parvin moved and Councilmember Millhouse seconded a motion to: 1) Adopt the proposed Negative Declaration as sufficient environmental documentation; and 2) Adopt Resolution No. 2003 -2071, approving Commercial Planned Development Permit No. 2000 -04 and Tentative Parcel Map No. 5264, as amended, to: add a condition that based upon a traffic study and an accident history over a three year period, the Council will revisit the driveway configuration on Collins Drive to determine if they need to reconsider the decision; relocate the public art piece to the interior of the site subject to approval by the Council; relocate existing or proposed traffic signal poles and controller boxes at the southwest corner of the Campus Park Drive /Collins Drive intersection, which create any sight distance concerns, to a location to be determined by staff and to be paid for by the developer; provide a raised median on Collins Drive to preclude left - turns into the site; and limit the hours of operation for the entire center to be open from 5:00 a.m. to midnight. 0001 �0G Minutes of the City Council Moorpark, California Page 18 ril 2, 2003 The motion carried by roll call vote, 3 -2, with Councilmembers Harper and Mikos dissenting. AT THIS POINT in the meeting, Mayor Hunter declared a recess at 11:47 p.m. The meeting reconvened at 11:57 p.m. and the Mayor announced that the time for reordering the agenda has arrived. It was the consensus of the Council to continue with no changes to the agenda. 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 (Assessor Parcel No. 511- 0 -070- 55). (Continued from March 19, 2003, public hearing open). Staff Recommendation: 1) Accept public testimony and close the public hearing; 2) Adopt the proposed Negative Declaration as sufficient environmental documentation; and 3) Adopt Resolution No. 2003 -2072 approving Industrial Planned Development Permit No. 2000 -10. Mr. Montes announced that Item 8.B. on the agenda would be discussed in closed session as facts and circumstances creating significant exposure to litigation, which facts and circumstances are known to potential plaintiffs, consisting of entitlements and issues pertaining to a dispute over the interpretation of the City's General Plan with regard to application to this item. MOTION: Councilmember Harper moved and Councilmember Millhouse seconded a motion to go into closed session to discuss Item 8.B. The time was 11:59 p.m. Present in closed session were Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The meeting reconvened into open session at 12:03 a.m. April 3, 2003. G, (IN 9 2 0 1-1 Minutes of the City Council Moorpark, California Page 19 April 2, 2003 Mr. Montes reported that the Council has approved a Settlement Agreement with Asadurian Investments Corporation with regard to Item 8.B.; the approval is contingent upon the Council's subsequent approval of this project; the agreement executed by Asadurian resolves certain issues concerning processing and interpretation of General Plan issues; and requires payments by Asadurian to the City, pursuant to a schedule set forth in the agreement. Mayor Hunter repeated the project title of Item 8.B. for the record. Mr. Hogan gave the staff report. Mayor Hunter announced that the public hearing remains open. Monte L. Widders, Myers, Widders, Gibson, Jones & Sneider, LLP, 5425 Everglades Street, Ventura, representing the applicant, stated that the applicant concurs with the staff recommendation. Mayor Hunter closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Millhouse seconded a motion to: 1) Adopt the proposed Negative Declaration as sufficient environmental documentation; and 2) Adopt Resolution No. 2003 -2072 approving Industrial Planned Development Permit No. 2000- 10. The motion carried by roll call vote, 4 -1, with Councilmember Parvin dissenting. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Approval of the Selection of a Consultant to Provide Design and Environmental Review Services Required for the Construction of the Moorpark Avenue Widening Project (Project 8040), and the Adoption of a Resolution Revising the Amount of the Funding for Project 8040. Staff Recommendation: 1) Approve selection of Tetra Tech to provide design and environmental clearance services for the subject project; 2) Authorize the City Manager to negotiate and execute a contract for said services; and 3) Adopt ®(.!0 2 08 Minutes of the City Council Moorpark, California Page 20 April 2, 2003 Resolution No. 2003 -073 amending the Fiscal Year 2002/2003 Budget to revise the amount of the funding for Project 8040. ROLL CALL VOTE REQUIRED Mr. Gilbert gave the staff report. Colin Velazquez, a Moorpark resident, stated that it is premature to spend $355,000 before a CEQA study is performed. In response to Mayor Hunter, Mr. Kueny stated that this is the beginning of the conceptual work and an appropriate environmental review will be conducted as necessary pursuant to the law. In response to Mr. Velazquez' restated concern that the money is being spent before CEQA, Mayor Hunter stated that it will not be known what to study environmentally until the project is identified. In response the Councilmember Harper, Mr. Kueny stated that they do not need a 10% contingency at this time, since it is multi - phased design study and staff would return to Council if additional funds are needed. In response to Councilmember Millhouse, Mr. Velasquez stated that he did have a concern with Councilmember Millhouse participating on this item. Councilmember Millhouse stated that due to the potential for a perceived conflict of interest, he would step down from the dais, as a precaution, to reassure Mr. Velazquez that he has no impact on this item, as in the past Mr. Velazquez has raised concerns relating to an issue where Councilmember Millhouse had defended a tenant in a lawsuit, which resulted in a settlement with Mr. Velazquez. AT THIS POINT in the meeting, Councilmember Millhouse left the dais. The time was 12:11 a.m. April 3, 2003. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to: 1) Approve selection of Tetra Tech to provide design and environmental clearance services for the subject project; 2) Authorize the City Manager to negotiate and execute a contract for said services; and 3) Adopt Resolution No. 2003 -2073 amending the Fiscal Year Minutes of the City Council Moorpark, California Page 21 April 2, 2003 2002/2003 Budget to revise the amount of the funding for Project 8040. The motion carried by roll call vote, 4 -0, with Councilmember Millhouse absent. AT THIS POINT in the meeting, Councilmember Millhouse returned to the dais. The time was 12:12 a.m. April 3, 2003. 10. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to approve the Consent Calendar with the exception of Items 10.C. and 10.G., which were pulled for individual consideration. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Regular Meeting of February 6, 2002. Consider Approval of Minutes of Regular Meeting of February 19, 2003. Consider Approval of Minutes of Regular Meeting of March 5, 2003. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2002 -2003 - April 2, 2003. Manual Warrants 112253 - 112257 & $ 6,426.68 Voided Warrant 112358 $ 0.00 Payroll Liability 112346 - 112352 $ 8,030.11 Warrants Regular Warrants 112258 - 112345 $ 59,352.50 112353 - 112390 $ 639,888.62 Staff Recommendation: Approve the warrant register. D. Consider Resolution Authorizing the Submittal of a Ventura County Area Agency on Aging (VCAAA) Grant Application for Senior Center Support, Health Promotion Services, and Elder Rights Protection Activity Funds and Authorizing City Manager to Sign 0C0OZILU Minutes of the City Council Moorpark, California Page 22 April 2, 2003 All Related Agreements. Staff Recommendation: Adopt Resolution No. 2003 -2074. E. Consider Resolution Providing Authority for Staff to Enforce Provisions of the Moorpark Municipal Code and Certain Provisions of State Statutes for the Purpose of Implementing City Animal and Vector Control Policies and Programs. Staff Recommendation: Adopt Resolution No. 2003 -2075. F. Consider the Release of Construction Bond for Buildin 600 at 14370 White Sage Road, Special Devices, Incorporated (SDI) (Industrial Planned Development No. 1995 -02). Staff Recommendation: Direct staff to release the bond for the completion of Building 600 (Bond #083SB103616810BCM). The following items were pulled for individual consideration: C. Consider Support for Assembly Bill (AB) 773 Concerning the Ventura County Transportation Commission (VCTC) Membership. Staff Recommendation: Express support for AB 773 and direct staff to communicate the Council's position to the Ventura County Transportation Commission. Councilmember Mikos stated that she had this item pulled so that that the Council could discuss the importance of including in the letter to the VCTC, support for retaining public member participants who contribute unique perspective as voters. Councilmember Millhouse suggested that if the Council wishes to retain the public member participation it would be best to make sure the majority of other cities also support this position. He stated that regardless, the city needs to support AB 773 since it is important to have unanimous support at the state level. Mayor Hunter suggested including a preference to retain at least one public member. Mr. Kueny suggested that to avoid sending a mixed message, the preference for a public member should not be included in the letter and instead, empower 00 fl) 6"ZO1 Minutes of the City Council Moorpark, California Page 23 ril 2, 2003 Councilmember Millhouse and Mayor Hunter to represent this position if it is also the majority will of the other cities In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to express support for AB 773 and communicate the Council's position to the Ventura County Transportation Commission with empowerment to Mayor Hunter and Councilmember Millhouse to represent a position to support retaining public member(s) on the Commission if the majority of cities concur. The motion carried by unanimous voice vote. G. Consider Directing Staff to Record Parcel Map No. 5426 Subdividing Property at the Northwest Corner of Spring Road and Flinn Avenue. Staff Recommendation: Direct staff to have Parcel Map 5426 recorded. Councilmember Mikos stated that she had requested this item be pulled so that the public would be made aware that the Flynn Road property has a parcel which provides for a temporary location for the Moorpark Food Pantry run by Catholic Charities. Mr. Riley stated that the arrangements have been made for the temporary building, donation of the moving costs, and other monetary donations. Councilmember Millhouse applauded Mr. Riley for his efforts in bringing this about. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to direct staff to have Parcel Map 5426 recorded. The motion carried by unanimous voice vote. 11. ORDINANCES: None. 12. CLOSED SESSION: Mr. Kueny requested that the City Council go into closed session for discussion of Items 12.C. and 12.D. C 3Iv".: ^n r Minutes of the City Council Moorpark, California Page 24 April 2, 2003 MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to adjourn to closed session for a discussion of Items 12.C. and 12.D. on the agenda. The motion carried by unanimous voice vote. The time was 12:20 a.m., April 3, 2003. C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: (APN 512 -0- 062 -030 & 512 -0- 062 -040) City Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and Milton Minor Under Negotiation: Price and terms of payment D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: (APN 512 -0- 093 -008) City Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and Benjamin Duarte Under Negotiation: Price and terms of payment Present in closed session were Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter; Steven Kueny, City Manager; Hugh Riley, Assistant City Manager; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened into open session at 12:30 a.m., April 3, 2003. Mr. Kueny stated that Items 12.C. and 12.D. were discussed and that there was no action to report. 13. ADJOURNMENT: Mayor Hunter adjourned the meeting at 12:30 a.m., April 3, 2003, in honor of the U.S. military serving in Iraq. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk ITEM - o • . 1 - CITY OF MOORPARK WARRANT REGISTER FOR THE 2002 -2003 FISCAL YEAR CITY COUNCIL MEETING OF JUNE 04, 2003 SEQUENCE From To AMOUNT MANUAL 112730 - 112731 $ 34,100.00 WARRANTS VOIDED 111853 & 112185 & $ (846.00) WARRANTS 112957 PAYROLL LIABILITY 112877 - 112881 $ 2,552.49 WARRANTS REGULAR 112882 - 112952 & $ 21,006.94 WARRANTS 112953 - 112979 $ 428,067.52 TOTAL a 404,00v.7. � .14 CITY OF MOORPARK WARRANT REGISTER FISCAL YEAR 2002 -03 CITY COUNCIL MEETING OF JUNE 04, 2003 CHECK NUMBER ISSUE DATE VENDOR STATUS DESCRIPTION TOTAL 111853 5/27/2003 SOUTHERN CALIFORNIA EDISON Voided Power Pole Temp High St Parking Lot (252.00) V - - _ 112185 5/27/2003 MANCHESTER GRAND HYATT SAN DIEGO V 'Voided Planner Institute Lodging (594.00) M PW /Parks Yard Construction 18,100.00 112730 5/13/2003 MARTINEZ ARCHITECTS, INC. 112731 CATHOLIC CHARITIES 16, M Grant - Site Improvements 000.00 R 5/23/03 Employee Payroll Liability 114.32 5/13/2003 112877 5/21/2003 AMERICAN HERITAGE LIFE INSURANCE 112878 5/21/2003 S E I U LOCAL 998 SANDRA KUENY R 5/23/03 Employee Payroll Liability ! 397.71 R 5/23/03 Employee Payroll Liability 1,693.00 - R 5/23/03 Employee Payroll Liability 179.00 _ R 15/23/03 Employee Payroll Liability 168.46 R Sign Chain Welded 20.00 _. - - - R 7/03 6/04 D Bobardt Membership 277.00 R Award Certificates, Ribbon & Folders 183.25 112879 5/21/2003 112880 112881 5/21/2003 5/21/2003 -- - UNITED WAY OF VENTURA COUNTY VENTURA COUNTY DISTRICT ATTORNEY 112882 - 112883 5/28/2003 5/28/2003 ACCURATE WELDING AMERICAN PLANNING ASSOCIATION BAUDVILLE 112884 5/28/2003 112885 112886 5/28/2003 5/28/2003 BORCHARD, CINDY BURNS, NANCY R RDA Institute Conference Mileage &Expense Reimbursement 118.52 R RDA Institute Conference Mileage &Expense Reimbursement 73.26 112887 5/28/2003 BUSBY, RODRIGO R Karate Class Instruction 462.00 1128 5/28/2003 C.R.R . A R 2003 Solid Waste Membership Dues 131.00 .88 112889 112890 5/28/2003 5/28/2003 CABRILLO ECON O DEVELOPMENT CITY OF MOORPARKC Winning Land Use Strategies Book 50.00 R i City Petty Cash Misc. Expenses 792.04 - - 112891 5/28/2003 - - - COASTAL PIPCOTR - Park Irrigation -Bocce Ball Court 54.87 57.92 112892 112893 5/28/2003 5/28/2003 COMPUWAVE CONSOLIDATED PLASTICS COMPANY R BT 40OW Power Supply R Sr Ctr Floor Mats 476.93 112894 5/28/2003 CPIC LIFE INSURANCE COMPANY R 6/03 Employee Vision Premium 755.40 112895 5/28/2003 DIAL SECURITY R 14/28 -5/2 Metrolink Security 598.00 112896 112897 5/28/2003 5/28/2003 DIGITAL TELECOMMUNICATION_ _ DRIVER ALLIANT DEVELOPMENT DEPT_ R 6/03 AVRC PW & Comm. Ctr Phone Maintenance 434.00 R 1/03 -3/03 Additional Ins Premium 42.50 1/03 -3/03 SUI Benefits Paid 2,150.51 112898 112899 5/28/2003 5/28/2003 EMPLOYMENT ENSAFE ENVIRONMENTAL CORP _R R Asbestos Consultant 600.00 City Clk & PW Documents 48.17 112900 112901 5/28/2003 5/28/2003 FEDERAL EXPRESS CORP �FETCHET, ERIC R Shipping of R JBL Official 30.00 112902 5/28/2003 FEUERSTEIN, LORRAINE r Refund - Cit #166870 40.00 Home Park Trash P/U & 661 Magnolia Bin 376.96 112903 5/28/2003 G.I. RUBBISH- R�Mobile 112904 112905 -- 5/28/2003 5/28/2003 GOVEA, JOSE GREAT EVENTS - R Refund Campus Cyn Security Deposit 75.00 - R Sr Ctr Volunteers Supplies 41.25 - - 112906 5/28/2003 HARSH, TIM R Refund- Cit #166870 40.00 112907 112908 112909 5/28/2003 5/28/2003 5/28/2003 HAVLE, NEAL HINOJOSA, DAMARIS HOG N, BARRY K. R JBL Official 20.00 R JBL Official 60.00 R 4/03 Rotary Dues 70.00 - 112910 5/28/2003 - -- HOLMAN GROUP, THE - - - - R 6/03 Employee EAP Premium 195.00 R Campus TR & Poindexter Gate Latch Maintenance - 166.73 R AVRC Cleaning Supplies 291.85 112911 112912 5/28/2003 5/28/2003 HOME DEPOT -GECF HOUSE SANITARY SUPPLY 112913 5/28/2003 IMAGISTICS INTERNATIONAL R 5/13 -6/30 Fax Rental 333.56 112914 112915 112916 5/28/2003 5/28/2003 5/28/2003 INTELLIGENT PRODUCTS, INC KANE, BALLMER & BERKMAN INC - LANE -AIRE MFG. CORP. R 10 Mutt Mitt Dispensers 616.45 R Shea Homes & Vintage Crest Legal & Admin Fees 702.00 - - - R Griffin Park Vandalism Repairs 116.38 220.00 112917 112918 5/28/2003 5/28/2003 LEE ELECTRONICS LIQUID LIGHT R Motorola FRS Radio and Freight R After Dark Wristbands & Freight 291.74 112919 112920 5/28/2003 5/28/2003 MARTIN, KEVIN MOORPARK AUTO SPA & LUBE I R Refund - Basketball Forfeit 40.00 R 4/03 City Vehicle Car Washes 165.00 112921 5/28/2003 MOBIL/GECC R 4/03 City Vehicle Fuel 446.28 112922 5/28/2003 MOORPARK BUSINESS SERVICE R 16/03 Sr Newsletter Typesetting 160.87 112923 112924 5/28/2003 5/28/2003 MOSER, RYAN M. R NORTH OAKS AUTO PARTS R JBL Official T 50.00 Parks Truck Maintenance Supplies 12.18 - 112925 5/28/2003 - OUTBACK FOOTWEAR R - Safety Boots E Alcaraz 200.00 112926 5/28/2003 PACIFIC SWEEP R PEACOCK, STEVE P R PIZZARELLI, JOSEPH R 5/03 State Route Sweep_ ing 561.33 112927 112928 5/28/2003 5/28/2003 t 5/03 Citation Hearings - 60.00 Refund - Mobile Home Utilities & Security Deposit 608.11 30.00 112929 5/28/2003 PLANTE, THERESA R JBL Official 112930 1 5/28/2003 POSTNET AND COMMUNICATION R Business Cards, 5/7 CC Mtg Agendas, Sr Newsletter 849.85 0 0, 13 6210:15 CITY OF MOORPARK WARRANT REGISTER FISCAL YEAR 2002 -03 CITY COUNCIL MEETING OF JUNE 04, 2003 CHECK NUMBER ISSUE DATE VENDOR STATUS DESCRIPTION TOTAL 112931 — 5/28/2003 PRUDENTIAL OVERALL SUPPLY R 'P arks, PW &Vector Uniform Maintenance - - 551.30 - - -- 112932 5/28/2003 — QUINN ENGINE SYSTEMS, INC R City Hall Generator Repair 292.00 112933 5_/28/2 003 RALPHS GROCER_ Y COMPANY R Employee Mtg & Teen Event Supplies -- 29.37 888.00 - — 112934 5/28/2003 SECURITY SERVICE R f6 -9/03 675 & 799 Mpk Alarm Monitoring 112935 5/28/2003 - _ SHELL OIL COMPANY SMARRI& - - - fi R R �/03 City Vehicle Fuel — - - ',Apricot Festival &Teen Event Supplies 140.97 - 69.56 354.56 112936 -- 5/ 8 - 112937 5/28/2003 SOUTHERN CALIFORNIA EDISON R 310 High St & 500 Poindexter Electric 112938 5/28/2003 SUNGARD PENTAMATION INC I R _2 & 03/03 Data Line Services ±:i: 85.34 170 53 112939 5/28/2003 THE FINE PRINT SHOP R Battle of the Bands Flyers 112940 5/28/2003 THE GAS COMPANY R 4/03 AVRC, Mobile home Park & Facilities Gas Bill - 314.87 _ 112941 5/28/2003 THOMPSON, SANDRA G R ._ Mileage CPRS Conference Milea a &Expenses 642.41 112942 5/28/2003 TROPHIES ETC R T, PD Plaque & Engraving 61.58 341.27 112943 - 5/28/2003 U.S. TOY COMPANY, INC R Camp Moorpark Supplies 519.16 112944 5/28/2003 USA SPORTS PHOTOGRAPHY R JR Basketball League Pictures 112945 5/28/2003 VENTURA COUNTY GENERAL SERVICES R X02 & 03/03 City Clerk, CD & Admin Record Storage 170.30 112946 - 5/28/2003 VENTURA COUNTY PUBLIC WORKS - - R R 6%03 Vector Control Office Lease _ - 4/6 &13 Recreation Positions Ads - - 352.72 428.70 112947 5/28/2003 VENTURA COUNTY STAR - - 112948 5/28/2003 VIDEOMAX PRODUCTIONS R State of City Address Refund Utilities &rent 947.50 _ 119.29 112949 5/28/2003 WAGNER, FRANCES & ERNIE P R _ _ 112950 5/28/2003 WHITAKER HARDWARE, INC - WOLCO R - R AVCP Pipe Damage Repair Copy Machine Maintenance 31.6 120.00 112951 - 5/28/2003 112952 5/28/2003 WORKPLACE, THE -_SIMI VALLEY R I3 Pre- employment Physicals 180.00 1,265.63 112953 5/28/2003 ACCOUNTEMPS R Szabo -2 weeks Temporary Accounting Service 2,917.20 112954 5/28/2003 ARMORCAST PRODUCTS COMPANY R �M Wall Caps -. . 112955 5/28/2003 BNY WESTERN TRUST COMPANY R 5/03-4/04 MRA Tax Bond 3,588.10 112956 5/28/2003 CALIFORNIA REDEVELOPMENT R FDA Institute Conference -Riley Hernandez, Burns &Borchard 2,000.00 112957 5/28/2003 CHARLES ABBOTT ASSOCIATES V Extra Pentamation Remittance Check Copy -:t Invoice 212,372.32 112958 5/28/2003 CHARLES ABBOTT ASSOCIATE_ S R 04/03 Engineering Invoices & B &S 112959 5/28/2003 DATA BYTE CENTRAL INC t R City Hall, AVRC, Parks & PW General Office Supplies 2,769.33 112960 5/28/2003 ECOTELESIS R 10/02-2/03 AB939 New Base Year Study Additional Services 4,875.00 112961 11296 5/28/2003 5/28/2003 FORTIS BENEFITS INSURANCE HAMNER, JEWELL & ASSOCIATES R R 6/03 Employee Dental & Life Insurance Premium sa �Adunan, Miranda &Figueroa Land Acquisition 5,256.91 2,460.00 112963 5/28/2003 HDL, COREN & CONE, INC R 2nd Qtr 2003 Property Taxes - - 1,775.00 112964 5/28/2003 - HINDERLITER,DE LLAMAS & ASSOCIATES HERBERT R - R 4th Qtr 2002 Sales Tax & Audit Srvc -- Reimburse Final Incidental Fees 2,346.11 1,338.00 112965 5/28/2003 MEREDITH, - — 112966 5/28/2003 METLIFE SMALL BUSINESS CENTER R R 6/03 Employee STD &LTD Insurance Premium 5/03 City Route & TR Medians Sweeping 1,866.08 6,742.09 112967 — 112968 ' 5/28/2003 5/28/2003 PACIFIC SWEEP POSTNET AND COMMUNICATION R Finance Dept Receipts - 267.05 112969 5/28/2003 5/28/2003 PUBLIC EMPLOYEE RETIREMENT - ROLLINS CONSULTING, INC. R R 6/03 Employee Medical Insurance Premium - 3 Demolition Mgt Services 33,477.81 3,800.00 112970 112971 5/28/2003 RRM DESIGN GROUP - -- R - Arroyo Simi Trail Study Report 20,006.56 -- _ 112972 _ 5/28/2003 _ SBC _ _ —_ _ _ R 4/03 Phone Bills Not Billed Amount - - - 1,757.56 1,551.79 112973 5/28/2003 'SCE MAINTENANCE R R 6/03 Previously 5/03 Cit Landscaping Maintenance City - - 43 152.00 112974 5/28/2003 SUNRIDGE LANDSCAPE - - 112975 5/28/2003 SURFCONTROL -- - R — Surfcontrol WEB Filter Software Light Timers &Freight 5 130.55 1,100.00 112976-5/28/2003 TRUMBULL RECREATION SUPPLIES R R Tennis Coin Zone 12 Landscape � 3,778.50 112977 5/28/2003 VENCO WESTERN, INC Bills 3,136.43 112978 5/28/2003 VENTURA COUNTY WATERWORKS R R 3/4 -5/6 City Water Meter New Police Service Center Architectural Services 59,337.50 112979 -� 5/28/2003 WWCOT - - - - - Total Report - 484,880.95 0101 3, 1,7,1G ITEM I o. G. (-,JT`,' (-,F,,IonRPARK. CAT,TFORNt TA City Council 1Tceting of � _1q-1U,93 ACTION; Q&AwAaL Moorpark City Council Agenda Report BY''�`J`` -� To: The Honorable City Council (-Ie From: Kenneth C. Gilbert, Director of Public Works Date: May 23, 2003 (Council Meeting 6 -4 -03) Subject: Resolution Amending the FY 02/03 Budget to Change the Funding Source for City Costs Related to the City /County Data Sharing Agreement for Hydrology and Related Data Required for the Management of the Calleguas Creek Watershed BACKGROUND In October of 2001, the City Council approved a Cooperative Agreement between the City and the Ventura County Watershed Protection District [VCWPD] , relative to the sharing of certain topographic and hydrological data required for the management of the Calleguas Creek Watershed. That action included adoption of Resolution No. 2001 -1898, amending the budget appropriating monies from the Community Development Fund to fund City costs related to this effort. Although the total cost of this program was $2.4 million, the City's share of those costs was only $80,000. DISCUSSION It is recommended below that the funding source for these costs be changed from the Community Development Fund to the General Fund Reserve. Staff is developing a drainage fee which will be designed to recover these costs from land development projects benefiting from the data generated by the program. STAFF RECOMMENDATIONS (Roll call Vote) Adopt the attached Resolution changing the funding source for the subject effort from the Community Development Fund to the General Fund Reserve. Attachments: Exhibit l: Resolution Topo_0305 �)6'- " ��yy 0 C ii cqr 1 Exhibit 1 RESOLUTION NO. 2003 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FY 2002/03 BUDGET TO CHANGE THE FUNDING SOURCE FOR THE CALLEGUAS CREEK HYDROLOGY DATA SHARING AGREEMENT [FUND 2200 - COMMUNITY DEVELOPMENT FUND AND FUND 1000 - GENERAL FUND] WHEREAS, on June 5, 2002, the City Council adopted the Budget for Fiscal Year 2002/03; and WHEREAS, a staff report has been presented to the City Council requesting a change in the funding source for certain expenditures; and WHEREAS, Exhibit "A ", attached hereto and made a part hereof, describes said budget amendment and its resultant impacts to the budget line item(s). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That a Budget amendment revising the funding source for certain expenditures, as more particularly described in Exhibit "A ", is hereby approved. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this day of , 2003. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Attachment: Exhibit 'A': Appropriation and Budget Detail (11C'3�18 Resolution No. 2003 - Exhibit "A" APPROPRIATIONS FOR Calleguas Creek Watershed Hydrological and Topographical Data Provided by the Ventura County Flood control District FUND ACCOUNT NUMBER APPROPRIATION REQUEST General Fund Reserve 1000.0000.0000.5500 $80,000 Community Development Fund 2200.0000.0000.5500 ($80,000) TOTALS: / (REDUCTION) $ 0 APPROPRIATION RE -CAP DISTRIBUTION OF APPROPRIATIONS TO EXPENSE ACCOUNT NUMBERS ACCOUNT NUMBER CURRENT SUBJECT REVISED APPROPRIATION APPROPRIATION APPROPRIATION / (REDUCTION) 1000.8410.0000.9159: Misc. $ 0 $ 80,000 $ 80,000 Engineering Services 2200.8410.0000.9159: Misc. $ 80,000 ($ 801000) $ 0 Engineering Services TOTALS: $ 80,000 $ 0 $ 80,000 Approved as to form: Gv rv19 MOORPARK CITY COUNCIL AGENDA REPORT ITEM o pf ACTION: TO: The Honorable City Council FROM: Mary K. Lindley, Director of Community Services/; /C DATE: May 12, 2003 (CC Meeting of June 4, 2003) SUBJECT: Consider Award of Contract to Sunridge Landscape and Venco Western for Landscape Maintenance Services SUMMARY The City Council is being asked to award contracts to Sunridge Landscape Services (Sunridge) and Venco Western ( Venco) for various landscape maintenance services throughout the City. Both Sunridge and Venco currently serve as the City's two landscape maintenance contractors and their contracts expire June 30, 2003. Staff is satisfied with their performance and recommends that new contracts be approved. DISCUSSION Sunridge Sunridge Landscape Services has provided landscape maintenance services to the City since 1988. In 1996, the City solicited bid proposals for citywide landscape services, and a three -year agreement was awarded to Sunridge as the lowest qualified bidder. In 2000, the City approved a new contract with Sunridge that had extension periods through June 2003. The City's contract with Sunridge (previously provided to Council under separate cover) covers maintenance of all City landscaped areas in parks, parkways and medians, and other miscellaneous properties including, but not limited to, the Civic Center, Metrolink Station, Public Works Office, Engineering and Building and Safety Office, and the rental house at 661 Moorpark Avenue. The only areas excluded from its contract are the landscaped areas along Miller Parkway (parkways and medians) and a parkway on the east side of Spring Road, M: \MLindley \Landscp Zones \landscape contract award 2003 ccagd.doc 00"r_)2020 Honorable City Council June 4, 2003 Page 2 south of Peach Hill. Additionally, their contract requires them to: open, clean, and stock all park restrooms; open the park gates at the AVCP access road, AVCP tennis courts, Miller Park tennis courts, and Tierra Rejada Park tennis courts, and the Shadyridge Buffer Zone, Monday through Friday. Sunridge did not receive a cost -of- living adjustment for the entire term of its current contract. Staff is proposing that the existing contract cost be adjusted upwards 3 percent to serve as the base contract price under the new proposed contract. The 3 percent adjustment is the same amount proposed for the park maintenance assessment district levy increase. If approved, the total annual contract cost would be $533,808. Sunridge has carried out its contract obligations in a more than satisfactory manner, and has demonstrated on numerous occasions a willingness to assist the City by performing beyond its contractual responsibilities at no additional cost to the City. Sunridge is quick to respond to irrigation problems at any time of the day and willingly assist staff review new development landscape plans. Venco In 2000, the City awarded a contract to Venco, as the successful low bidder, for the maintenance of landscape areas on Miller Parkway, the north side of Tierra Rejada Road between Miller Parkway and Spring Road, and a small portion of Spring Road (southeast parkway). To date, Venco's performance has been satisfactory. Staff is in the process of working with them to address some remedial landscape maintenance corrections and it is believed that Venco will successfully complete the required corrections. Venco's contract has been renewed for the past two years with no cost -of- living increase. Staff is proposing the same 3 percent contract cost adjustment as proposed for Sunridge. Venco's proposed contract was previously provided to Council under separate cover. The new base contract cost would be 3 percent higher than the current contract cost bringing it to $46,703 annually. V O "1-) 02010201- Honorable City Council June 4, 2003 Page 3 STAFF RECODMENDATION Award a contract to Sunridge Landscape Services, Inc. and Venco Western, Inc. for landscape maintenance services, and authorize the City Manager to execute the agreements on behalf of the City. eC3�2 TO FROM: DATE: ITEM I o . E. MOORPARK CITY COUNCIL AGENDA REPORT': The Honorable City Council Mary K. Lindley, Director of Community Services May 13, 2003 (CC Meeting of June 4, 2003) SUBJECT: Consider One -Year Extension of the City's Tree Maintenance Agreement with West Coast Arborist DISCUSSION The City Council is being asked to approve a one -year extension to the City's Tree Maintenance Agreement with West Coast Arborist (WCA) . The existing Agreement expires on June 30, 2003, but it contains a provision for three one -year extensions. The City has used two of the extensions (2001 and 2002). If approved, the Agreement with WCA would be extended through June 30, 2004, with no contract cost increase. To date, WCA's performance has been good. They have responded quickly and courteously to staff and resident inquires and requests for corrections. As required by the agreement, they previously prepared a City -wide tree inventory of all City maintained trees. The data is kept current by both WCA and City staff on a monthly basis. STAFF RECOMMENDATION Authorize staff to extend the City's tree maintenance agreement with West Coast Arborist through June 30, 2004, with existing service fees. M:\MLindley\Landscp Zones \west coast contract ext 3 ccagd.doc 1&%:10' () ��i'v2 ITEM t o . 'r, 3 TO: FROM: DATE: MOORPARK CITY COUNCIL AGENDA REPORT The Honorable City Council John Hartnett, Recreation Manager qk May 23, 2003 (CC Meeting of June 4, 2003) SUBJECT: Consider Renewal of Agreement with Kelly Cleaning & Supply Company DISCUSSION In FY 2000/01, the City entered into a contract with the janitorial service, Kelly Cleaning and Supply Company, for weekday service at Arroyo Vista Recreation Center (AVRC) & Gymnasium. This action allowed the City to reduce some part time recreation hours. Part time staff continues to provide weekend janitorial services. In 2001, the Senior Center, Community Center, and Public Works facility were added to the contract, as was City Hall and the Annex, on an "as needed" basis, in 2003. The contract was for one year, with two additional one -year options to extend the services. The City did choose to extend the contract for two years, based on the performance of Kelly Services. Under the current contract, the monthly fee for services is $960 for the AVRC and Gym, $589 for the Senior Center /Community Center, and $180 for the Public Works building. The contract expires on June 30, 2003. Kelly Services has indicated that it is interested and willing to continue service for the City at the current rates. Staff has reviewed the contract and evaluated the services provided by Kelly, and recommends renewing the contract (Attachment A) for an additional period of one year, with two additional one -year options. o 0 3 rye � Honorable City Council June 4, 2003 Page 2 STAFF RECOMMENDATION Approve the renewal of an agreement with Kelly Cleaning & Supply Company for janitorial services. �.� e% F:s ►fie 5 ATTACHMENT A CONTRACT FOR JANITORIAL SERVICES FOR THE CITY OF MOORPARK THIS CONTRACT, made and entered into this day of , 2003 by and between the City of Moorpark, a municipal corporation located in the County of Ventura, State of California, hereinafter referred to as "City" and KELLY CLEANING & SUPPLIES, hereinafter referred to as "Contractor ". WITNESSETH Whereas, the City is desirous of obtaining janitorial services to be performed in certain City facilities as noted herein; and, Whereas, the City and Contractor have discussed and agreed to a scope of work and fee for said services, as described herein. NOW, THEREFORE, it is hereby agreed by and between the parties that: TERM: This Contract will become effective on July 1, 2003, when the Contractor commences the service, and will expire on June 30, 2004, unless sooner terminated as provided hereinafter. The City shall have the exclusive option to extend this agreement for two (2) additional one (1) year periods. 2. SCOPE OF SERVICES: Contractor agrees to perform for, and furnish to, the City the services described in Exhibits A, A -I, A -II, and A -III, Scope of Service, as attached hereto. PAYMENT: Upon satisfactory performance of the services herein above described in "scope of services ", Contractor shall receive compensation as outlined in Exhibits A, A -I, A -II, and A -III. Payment shall be made by City within thirty -five (35) days of receipt of invoice by Contractor, except for those which are contested/questioned and are returned by the City with written explanation within thirty (30) days of receipt of invoice. In the event the Contractor fails to provide service on a given day, the City shall withhold an amount equal to the pro rata daily cost. The City may request in writing additional services that increase the herein above described "Scope of Services ". As mutually agreed upon in writing, an additional fee shall be paid to Contractor for said authorized additional services. - 1 - 4. TIME FOR PERFORMANCE: Contractor agrees that it shall diligently and responsibly pursue the performance of the services required of it by this Agreement and that said services shall begin immediately upon the execution of this Agreement in accordance with the Project. IMPOSITION OF DAMAGES: If at any time the Director of Community Services determines that the Contractor's performance pursuant to this Contract has not been in conformity with the provisions of this Contract the Director of Community Services or Director of Community Services designee may advise Contractor in writing of such deficiencies. The Director of Community Services or Director of Community Services designee shall, in such written instrument, set a reasonable time within which correction of all such deficiencies is to be made. Unless otherwise specified by the Director of Community Services or Director of Community Services designee, a reasonable time for correction shall be seven (7) calendar days, upon written notification. In the event Contractor fails to correct deficiencies as prescribed or perform pursuant to this Contract, City may impose liquidated damages. In addition to liquidated damages, City shall have the right to provide said deficient services by other means and to bill Contractor for all costs including City's administrative costs. Any such cost shall be deducted from the Contractor's payment. If Contractor continues to fail to correct deficiencies, the City, at its sole discretion, may find Contractor in default and in breach of contract and fine Contractor Liquidated Damages pursuant to Section 8. 6. LIQUIDATED DAMAGES: Pursuant to Section 7, the City may, at its sole discretion, assess liquidated damages. Contractor agrees that any deficiency not corrected in the prescribed time frame will result in damage and injury to the City. City and Contractor agrees that actual damages occurring to the City as a result of any one or more deficiencies, on a given day, will be difficult if not impossible to ascertain with any degree of certainty or accuracy. Accordingly, City and Contractor agree that for each individual deficiency incident not corrected, Contractor shall pay to City, as and for liquidated damages, and not as a penalty, the sum of $25 per deficiency each day that the deficiency remains until corrected. 7. BREACH OF CONTRACT: If Contractor defaults in this Agreement, it shall have three (3) days after receipt of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this - 2 - 0 C'3 w2 7 Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. BANKRUPTCY: City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on Contractor, if any of the following should occur to Contractor: a. Be adjudged bankrupt; b. Become insolvent or have a receiver of its assets or property appointed because of insolvency; Make a general assignment for the benefit of creditors; d. Suffer any judgment against it to remain unsatisfied or unbounded of record for thirty (30) days or longer; or e. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs. 9. OWNERSHIP OF DOCUMENTS: Upon satisfactory completion of, or in the event of termination, suspension, or abandonment of this Agreement, all original documents, designs, drawings and notes, if any, prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of Contractor. 10. INDEPENDENT CONTRACTOR: Contractor is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, servants or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, servants and agents, except as herein set forth. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, servants, or agents are in any manner officers, employees, servants, or agents of City. 11. LEGAL RESPONSIBILITIES: Contractor shall keep itself informed of all state and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Contractor shall at all times observe and comply with all such laws, ordinances and regulations. Contractor shall not pay less than the prevailing wages issued by the Director of the California Department of Industrial Relations. Contractor shall at all times observe and comply with all such laws and regulations. The City and - 3 - 0 its officers, employees, servants, and agents shall not be liable at law or in equity occasioned by failure of Contractor to comply with this section. 12. NOTICE: Whenever it shall be necessary for either party to serve notice on the other respecting this Agreement, such notice shall be served by certified mail, postage prepaid, return receipt requested, addressed to: City: City of Moorpark 799 Moorpark Avenue Moorpark, California, 93021 Attn: Director of Community Services Contractor: Kelly Cleaning & Supplies 1645 Donlon Street #101 Ventura, CA 93003 Attn: Margo Kelly Either 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. Notice shall be deemed to have been served seventy -two (72) hours after the same has been deposited in the United States Postal Service. This shall be a valid and sufficient service of notice for all purposes. 13. ASSIGNMENT: Contractor shall not assign this contract, or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that the Contractor is uniquely qualified to perform the services provided for in this Agreement. 14. LIABILITY INSURANCE: Contractor shall secure from a good and responsible company or companies authorized to do insurance business in the State of California, with a Best Rating / FPR of no less than A -, pay for, and maintain in full force and effect for the duration of this Agreement a policy of comprehensive liability insurance and shall furnish a Certificate of Liability Insurance to the Director of Community Services of City before execution of this Agreement by City. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached thereto, the protection offered by the policy shall: a. Include City as an additional insured covering the services to be performed under this Agreement, whether liability is attributable to Contractor or City. b. Provide the following minimum limits: - 4 - Bodily Injury - $1,000,000 each person $1,000,000 each occurrence $1,000,000 aggregated products & completed operations Property Damage - $1,000,000 each occurrence $1,000,000 aggregate A combined single limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the required minimum limits. Contractor may file insurance acceptable to City covering more than one project. C. Bear an endorsement or shall have attached a rider whereby it is provided that, in the event of amendment or cancellation of such policy for any reason whatsoever, City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days before the amendment or cancellation is effective. d. The policy shall be considered primary insurance with respect to any other valid and collectible insurance the City may possess, including any self- insured retention the City may have, and any other insurance the City does possess shall be considered excess and shall not contribute to it. e. Be written on an occurrence basis. Contractor shall further provide general public liability including automobile liability and property damage insurance in an amount not less than One Million dollars ($1,000,000) per occurrence and annual aggregate. 15. INDEMNIFICATION: Contractor shall hold harmless, indemnify, and defend City and all of its officers, employees, servants and agents from any claim, demand, damage, liability, loss, cost, or expense for any damage whatsoever, including but not limited to death or injury to any person and injury to any property, resulting from misconduct, negligent acts, or errors or omissions of Contractor or any of its officers, employees, servants or agents in the performance of this Agreement, except such damage as is caused by sole negligence of City or any of its officers, employees, servants, or agents. 16. BOND: Contractor shall secure and maintain a performance bond for the term of this Contract that shall cover and guarantee the faithful performance of the Contractor and its employees and agents. The Bond shall protect the City against acts of dishonesty, theft, disappearance, and destruction of City property resulting from action of Contractor's employees or agents of the Contractor. - 5 - 0 0 '011 3 The bond shall be executed by a responsible corporate surety authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. The bond shall be for a minimum limit of $1,000,000, and $5,000 limit per occurrence. Contractor shall provide City a copy of its bond certificate prior to the first day service is to be provided. 17. WORKERS' COMPENSATION INSURANCE: Before execution of this Agreement by City, Contractor shall file with the Director of Community Services of City the following signed certification: "I am aware of, and will comply with Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self - insurance before commencing any of the work." Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of this Agreement complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Director of Community Services of City before execution of this Agreement by City. The City and its officers, employees, servants and agents shall not be responsible for any claims in law or equity occasioned by failure of the Consultant to comply with this section. Every compensation insurance policy shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of amendment or cancellation of such policy for any reason whatsoever, City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days before the amendment or cancellation is effective. 18. ATTORNEY'S FEES: If any action at law or suit in equity, including an action for declaratory relief, is brought to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, and necessary disbursements, in addition to any other relief to which it may be entitled. 19. ENTIRE AGREEMENT: This Agreement and any documents or instrument attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto and supersede all negotiations and prior writing with respect to the subject matter hereof. In the event of conflict between the terms, conditions or provisions of this Agreement and any such document or instrument, the terms and conditions of this Agreement shall prevail. - 6 - i- P, ) 62;; 1131 20. EFFECTIVE DATE AND NUMBER OF COPIES: This Agreement is made in two (2) duplicate originals and shall be effective from and after the date it is signed by the representatives of City. 21. GOVERNING LAW: This Agreement shall be governed by, and constructed in accordance with, the laws of the State of California. 22. VENUE: This Agreement is made, entered into, executed and is to be performed in Moorpark, Ventura County, California, and any action filed in any court for interpretation, enforcement or breach otherwise of the terms, covenants and conditions of this Agreement shall be filed in the applicable court in Ventura County, California. 23. CITY'S AGENT: The Director of Community Services or his /her designated representative shall have the right to review, coordinate and approve all work to be performed by Contractor pursuant to the terms of this Agreement and shall be the City's agent with respect to review, coordination and acceptance of the services to be performed by the Contractor. 24. INTERPRETATION OF AGREEMENT: Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared jointly and equally, by the parties and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 25. CAPTIONS: The captions of the various sections of this agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective sections hereof. 26. TERMINATION: This Agreement, or portions thereof, may be terminated or canceled in any one of the following manners: By mutual agreement of both parties, b Upon five (5) days written notice by City, with or without cause, c Upon thirty (30) days written notice by Contractor, with or without cause, d If in the sole subjective judgement of City at any time or times after the commencement of the term of this Agreement, Contractor fails to perform the services required of it or fails to perform such services in accordance with the terms hereof, the City upon at least seventy -two (72) hours written notice to Contractor, and without prejudice to any other remedies the City may have, may terminate this Agreement and Contractor's - 7 - services and any obligations the City may have under this Agreement. The written notice shall instruct Contractor to cease its services as of a specified date, and City shall have no further obligation to pay for services tendered or otherwise. 27. CONFLICT In consideration of the award of this contract, Contractor agrees that if there is a conflict, repetition, or ambiguity between any of the contracts, or a conflict within any document, the City shall at its sole discretion determine which documents or provisions shall govern. IN WITNESS WHEREOF, the parties; hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK CONTRACTOR UZ Steven Kueny, City Manager LM Title Date Date ATTEST: Deborah Traffenstedt, City Clerk - 8 - 0- (110�33 EXHIBIT "A" SCOPE OF WORK Contractor agrees to provide janitorial services for the Arroyo Vista Recreation Center (AVRC) and Gymnasium Monday through Friday, including all holidays with the exception of New Years Day, Thanksgiving, and Christmas, between the hours of 10:00 p.m. and 1 a.m. The City reserves the right to adjust the hours that Contractor performs janitorial services under the Contract, upon mutual consent of Contractor. Compensation of the following work shall be an amount not to exceed $960.00 per month without prior written authorization by the City. Contractor shall be provided with a set of keys, which the Contractor shall sign for denoting the number and type of key provided, the alarm code for AVRC, and a space to install its own lock on the Arroyo Vista Community Park (AVCP) entry gates. Contractor agrees to be responsible for disarming the facility upon entry and for fully locking and alarming the building at the completion of each shift and relocking the AVCP entry gates upon entry to the Park and upon exiting. The Contractor further agrees that the facility shall never be left unattended unless fully locked and alarmed. Contractor agrees that failure to fully secure the facility can result in liquidated damages. The City agrees to notify Contractor in writing when the alarm code for AVRC has been changed. Upon termination of this Agreement, Contractor shall return all keys provide by City. Contractor agrees to provide and be responsible for the maintenance of their own tools of the trade for cleaning, sanitary cleaning supplies, equipment, materials, and solutions as is required to satisfactorily perform the Scope of Service under this Contract. This includes but is not limited to: commercial grade vacuum cleaner, carpet steam cleaner, floor scrubbing machine, floor buffing machine, broom, mop, floor buffing pads, cleaning brushes, cloth towels, detergent, disinfectant, other cleaning solvents. Contractor further agrees that all Kelly employees will be in uniform and carry appropriate identification when on duty. City shall be responsible for providing routine and daily sanitary and cleaning supplies necessary for performing work (unless otherwise specified), all paper supplies associated with this Contract, liquid soap for dispensers, trash can liners, feminine sanitary supplies and solution for cleaning the hardwood floors in the gym. City reserves the right to amend this Contract to include paper supplies, liquid soap, and trash liners at its cost. - 0 0 3.:,34 A. ARROYO VISTA RECREATION CENTER OFFICE, MEETING ROOMS, LOBBY AND KITCHEN Daily schedule Pick up litter, empty all trash containers, and replace container liners. Discard trash and recycling materials into approved trash bins. 2. Vacuum all floors and entry mats (carpeted and non - carpeted). Wet mop kitchen and dance room floors as needed (minimum of three (3) days /week using a cleaning solution. 4. Spot clean carpets by hand, where needed, using appropriate carpet cleaner solution. 5. Clean counters in kitchen and dance room with cleaning solution. Clean the sinks in kitchen with cleanser. 6. Wash walls and doors where needed with wet sponge and cleaning solution. 7. Clean door windows in the lobby with window cleaning solution. 8. With wet sponge and appropriate cleaning solution, wipe down surfaces of kitchen equipment (including - refrigerator, stove, oven, microwave). 9. Clean mirrors in the dance room with window cleaning solution. 10. Clean and disinfect drinking fountains; report any leaks to Recreation Superintendent prior to the end of the day's work shift. 11. Restock all dispensers including but not limited to, paper towels and soap. Weekly schedule Clean exercise mats in dance room and multi purpose room with a wet sponge and cleaning solution. 2. After wet mopping, apply floor finish restoring solution to kitchen and dance room floors, buff kitchen and dance room floors using commercial floor buffing machine (Mondays). Wash all inside windows with window cleaning solution (Mondays). - 2 - 0 (110 a35 4. Clean interior and exterior door windows with cleaning solution (Mondays). 5. Flush sink drains by running the water faucets for a minimum of 15 minutes. 6. Flush floor drains by running water down the drain, using a hose, for a minimum of 15 minutes. Monthly schedule 1. Wash all exterior windows with window cleaning solution. 2. Dust window blinds with a clean dry towel. 3. Clean kitchen drain, vents, and filters if needed. Quarterly schedule 1. At the City's request, but no more than four (4) times per year, shampoo the carpet and apply scotch guard. 2. Strip and wax floors in kitchen and dance room. 3. Clean interior windows and windowsills, and exterior windows. Apply window spot removing chemical to remove hard water stains where applicable. 4. Dust building fixtures including but not limited to, florescent lights, burglar alarm sensors, wall clocks, fire extinguisher (s) and cases, and video security cameras. 5. Clean and scrub all door thresholds. 6. Clean all door panic bar hardware with cleaning solution. Annual schedule 1. Strip and wax lobby tile - 3 - 000� .3 G B. ARROYO VISTA RECREATION CENTER RESTROOMS Daily schedule 1. Pick up litter, empty trash and sanitary napkin containers, and replace container liners. Discard trash into approved trash bins. 2. Wet mop floors using an approved detergent disinfectant. Dry the floor with a dry mop before opening for public use. 3. Wet wash walls and ceiling, including tile and grout, with disinfectant solution and sponge. 4. Wash restroom stall partitions with disinfectant solution and sponge. 5. Remove graffiti with approved cleaning solution. If cleaning fails, notify the City's Recreation Superintendent prior to the end of the day's work shift. 6. Wash and disinfect all sinks and counters with wet sponge and cleanser. 7. Clean and disinfect commodes, and areas around commodes. 8. Clean and disinfect urinals and areas (including walls) around urinals. 9. Restock all dispensers including but not limited to, toilet paper, paper towels, sanitary napkins, and soap. Weekly schedule 1. Flush sink drains by running the water faucets for a minimum of 15 minutes. 2. Flush floor drains by running water down the drain, using a hose, for a minimum of 15 minutes. Monthly schedule 1. Wax floors (first Friday of each month). 2. Clean out drains if needed. - 4 - 61 ��u i Quarterly schedule 1. Clean and scrub all door thresholds. 2. Clean building fixtures including but not limited to, florescent lights, and burglar alarm sensors. Annual schedule 1. Dust air vents. 2. Strip and wax floors C. ARROYO VISTA GYMNASIUM Daily schedule 1. Dry mop hardwood floor. 2. Wet mop non - hardwood floor. 3. Pick up trash around the gymnasium, on the bleachers, and under bleachers. 4. Clean all door windows using window - cleaning solution. 5. Clean walls, doors, and bleachers, where needed, using a wet sponge and cleaning solution. 6. Vacuum entry mats. Weekly schedule 1. After wet mopping non - hardwood floors, apply floor finish restoring solution; buff floor using floor buffing machine (Fridays). 2. Remove shoe marks and gum from hardwood floor with hardwood floor solution supplied by City (Fridays). 3. Remove shoe marks from non - hardwood floor with solution supplied by City (Fridays). 4. Clean wall mats using a wet sponge and appropriate disinfectant. 5. Using a small nylon brush provided by City specifically for this task, clean metal track around hardwood floor to remove debris. 6. Wet mop hardwood floor every Friday with proper floor solution. Clean under gym stands every Monday. Quarterly schedule Strip and wax non - hardwood floors. 2. Clean and scrub all door thresholds. 3. Clean building fixtures including but not limited to, emergency exit lights, burglar alarm sensors, fire extinguisher (s) and cases, and video security cameras. 4. Clean and scrub all door thresholds. Clean all door panic bar hardware with cleaning solution. D. MISCELLANEOUS MAINTENANCE Contractor shall report any broken, malfunctioning, or vandalized equipment or fixtures (including, but not limited to heating /air conditioning units, plumbing, electrical and to the City's Recreation Superintendent immediately by telephone. In the event the Recreation Superintendent is not available, Contractor shall leave a voice mail message on the Superintendent's work phone. This includes any graffiti applied to the interior or exterior of the Center or Gym. C 11 ) %319 EXHIBIT "A -I" SCOPE OF WORK A. MOORPARK SENIOR CENTER (includes Kitchen) The following duties will be preformed by Contractor each weekday, Monday through Friday, no earlier than 4:30 p.m. Upon 48 hour's notice, City may require Contractor to delay cleaning until a later time to accommodate special activities. Compensation of the following work shall be $589.00 per month. Daily Schedule 1. Pick up litter, empty all trash and sanitary containers, and replace liners. Discard trash and recycling materials into approved trash bins. 2. Sweep and mop kitchen and senior center rooms. 3. Clean and disinfect drinking fountain. 4. Restock all dispensers including, but not limited to, toilet paper, paper towels, and soap in kitchen and restrooms. 5. Clean all bathroom and meeting room sinks with cleanser and all counter tops with cleaning solution. City will clean kitchen sinks and counter tops. 6. Wash walls and doors where needed with a wet sponge and cleaning solution. 7. Flush kitchen sinks and floors drains using appropriate cleaning solution. 8. Vacuum entry mats. 9. Clean and disinfect commodes and urinals and around the base of each units. 10. Wash restroom stall partitions with disinfectant solution. Monthly 1. Wash windows. 2. Dust window blinds. 1 GC��40 3. Clean out door thresholds. 4. Clean door handles and panic bar hardware with cleaning solution. Quarterly 1. Clean refrigerator vents. 2. Clean window sills. 3. Clean A/C vents. 4. Dust fixtures, including but not limited to, office partitions, computers, fire hydrants, florescent lights, etc. 5. Scrub out drain pan under sinks. Bi- Annual 1. Strip and wax floors. On alternating six -month basis, buff floors. INITIAL CLEAN UP WORK — SENIOR CENTER For initial clean -up work including: strip and wax floors, sanitize restrooms, high/low dusting, spot wash walls, and wash windows, City agrees to pay Contractor a one -time cost of $475.00. 2 �;Fy1. EXHIBIT "A -II" SCOPE OF WORK A. MOORPARK PUBLIC WORKS BUILDING The following duties will be performed by Contractor each Monday, Wednesday, and Friday, no earlier than 5:45 p.m. Upon 48 hour's notice, City may require Contractor to delay cleaning until a later time to accommodate special activities. Compensation of the following work shall be $180.00 per month. Daily Schedule (Monday, Wednesday, and Friday) 1. Pick up litter, empty all trash and sanitary containers, and replace liners. Discard trash and recycling materials into approved trash bins. 2. Sweep and mop all hard floor areas. 3. Vacuum all carpeted areas. 4. Restock all dispensers including, but not limited to, toilet paper, paper towels, and soap in kitchen and restrooms. 5. Clean bathroom and kitchen sinks with cleanser and all counter tops with cleaning solution. 6. Wash walls and doors where needed with a wet sponge and cleaning solution. 7. Flush kitchen sinks using appropriate cleaning solution. 8. Clean and disinfect commode and base of commode. 9. Wash restroom walls with disinfectant solution. Monthly 1. Wash windows. 2. Dust window blinds. 3. Clean out door thresholds. 4. Clean door handles with cleaning solution. Quarterly 1. Clean refrigerator vents. 2. Clean window sills. 3. Clean A/C vents. 4. Dust fixtures, including but not limited to, office partitions, computers, florescent lights, etc. Bi- Annual 1. Strip and wax floors. On alternating six -month basis, buff floors. Contractor shall provide all cleaning chemicals and equipment, to be included in the cost of the monthly service. City shall provide paper products and hand soap. C3#Zo lei 3 EXHIBIT "A -III" SCOPE OF WORK A. MOORPARK CITY HALL ANNEX AND CONFERENCE ROOM The following duties will be performed by Contractor, Monday through Friday, no earlier than 5:45 p.m. Upon 48 hour's notice, City may require Contractor to delay cleaning until a later time to accommodate special activities. Compensation of the following work shall be $825.00 per month. Daily Schedule (Monday through Friday) City Hall • Empty trash and recycle containers • Mop lobby floor Annex Empty trash and recycle containers Kitchen • Sinks • Mop • Table • Microwave • Empty trash and recycle containers Restrooms • Sinks • Toilets • Mop • Restock • Empty trash Conference Room • Sinks • Table • Empty trash and recycling can • Counter tops GCl 0 Twice a Week (Wednesday and Friday) City Hall • Vacuum • Mop hallways Kitchen • Vacuum Conference Room • Vacuum Once a Week City Hall • Dust Annex • Vacuum • Dust Contractor shall provide all cleaning chemicals and equipment, to be included in the cost of the monthly service. City shall provide paper products and hand soap. ADDITIONAL SITES — TO BE CLEANED ON AN AS- NEEDED BASIS From time to time, the City may request janitorial services for additional Community Center rooms. Such requests will be made to Contractor in writing. City shall reimburse Contractor $12.50 dollars per hour for the following work. B. COMMUNITY CENTER RESTROOMS AND LOBBY Daily 1. Clean bathroom sinks with cleanser. 2. Clean counter tops with cleaning solution. 3. Clean and disinfect commodes and urinals and the base of each unit. 4. Sweep and wet mop restroom and lobby floors. 5. Empty all trash and sanitary containers — replace liners. Dispose of trash material in appropriate trash dumpster. z 0 C 0 �45 6. Wash partition walls with cleaning solution. 7. Wash restroom walls where needed. 8. Stock all dispensers, including to toilet paper, paper towels, soap and sanitary napkins. 9. Clean and disinfect lobby drinking fountain. C. COMMUNITY CENTER KITCHEN AND MEETING ROOM Dail 1. Empty all trash contains and replace liners. Dispose of trash material in appropriate trash dumpster. 2. Sweep and wet mop floors. 3. Clean kitchen sinks with cleanser. 4. Wash walls where needed. 5. Stock all dispensers including paper towels and soap. ,s '! wo 1 1 ITEM 10-G. Moorpark City CounciP1 :. AGENDA REPORT TO: The Honorable City Council FROM: John Brand, Senior Management Analyst DATE: May 22, 2003 (CC meeting of June 4, 2003) SUBJECT: Consider Contract Extension with Durham Transportation for Summer Beach Bus and County Fair Bus Programs SUMMARY If approved, this item would continue the Summer Beach Bus and the County Fair Bus programs by exercising the City's option to extend the term of the existing Agreement with Durham Transportation. The cost to run the beach and fair buses is estimated to be less than $6,000 depending on the offset provided by fares. This is a 2.6% increase over last year. This program would be funded using TDA (Transportation Development Act) money. There are sufficient funds in the current budget and in the proposed budget for next Fiscal Year to pay for the summer transit programs. DISCUSSION The Summer Beach Bus service completed its twice- weekly service in the summer of 2002 with a total of 1,003 riders for the season. In 2001, there were 689 riders. It appears that the program is well - received and growing in popularity. Historically, the Beach Bus has run two days per week, Tuesdays and Thursdays, for ten weeks. This year staff proposes operating with the same schedule between the service dates of June 24 to August 26 during the summer school breaks. The Beach Bus makes two round trips beginning at 9:00 A.M. and ending at about 6:30 P.M. While most of the riders were teens, families and senior citizens also take advantage of the beach bus service. It is proposed that this year the Beach Bus go to Zuma Beach County Park in Malibu on Tuesdays, and that it go to San Buenaventura State Beach in Ventura on Thursdays. Both beaches have great OC!I.✓w 7 Beach Bus Program CC Meeting of June 4, 2003 Page 2 amenities and some differences that will appeal to various interests. For example, board surfing is not allowed at Zuma during peak hours in the summer months. Board surfing is permitted at San Buenaventura State Beach. Zuma Beach County Park is approximately 28 miles from Moorpark City Hall, and San Buenaventura State Beach is about 26 miles from Moorpark. Summer Beach Bus stops will be Moorpark City Hall; AVCP; Peach Hill Park; and College View Park. The County Fair Bus would operate on approximately the same schedule and use the same stops as the Beach Bus. Last year was the first year Moorpark City Transit went to the fair. There were only ten riders on the single trip to the fair last year. This year, the Fair Bus publicity is more integrated into the Beach Bus promotion and it is hoped that participation will increase. The County Fair bus would run on two days, Wednesday August 6, and Friday August 8. The recommended fare for both services is the same as Moorpark City Transit, $1.00 each way for regular riders, 40� senior citizens and disabled persons. The Summer Youth Passes currently on sale (unlimited bus usage for $20) will be valid for the Beach Bus and the County Fair Bus. The Summer Youth Passes are valid from June 15 to September 15 for person twenty years old and younger, and they can be purchased at City Hall and at Arroyo Vista Recreation Center. STAFF RECOMMENDATION Approve a one -year extension of Durham Transportation Agreement. f� Summer Beach Bus Program � ~ L ITEM _ 10. 4- of ACTION: � Od 0 9 MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Barry K. Hogan, Community Development Director Prepared By: Joseph F. Fiss, Principal Plann DATE: May 21, 2003 (CC Meeting of 6/4/2003) SUBJECT: Consider Adoption of a Resolution of Intent Directing the Planning Commission to Study, Hold a Public Hearing and Provide a Recommendation on a Zoning Ordinance Amendment to Amend Title 17 and to Delete Chapter 5.88 of the Moorpark Municipal Code Relating to Home Occupations. BACKGROUND /DISCUSSION Local regulations for home occupations, boutique sales and garage sales were last comprehensively amended in 1990, and can be found in Chapter 5.88 of the Moorpark Municipal Code. The process to obtain a Home Occupation Permit requires notification of an affected area as determined by the Community Development Director, with possible referral of the decision on the permit to the Planning Commission. Over time, it has been observed that the notification procedure has not been a necessary component of the review process, given the standards that a home occupation must meet. The process could be streamlined while still maintaining the integrity of residential neighborhoods. In addition, land use regulations such as restrictions on home occupations, boutique sales, and garage sales would be more appropriately relocated from Title 5 (Business Taxes, Licenses and Regulations) of the Moorpark Municipal Code to Title 17 (Zoning) . Due to the infrequent nature of boutique sales, they can be better handled under the Temporary Use Permit process and therefore do not require a special section. 0nv '«�4 � rd. Honorable City Council June 4, 2003 Page 2 The Municipal Code calls for a Resolution of City Council to initiate an amendment to the Zoning Ordinance. The attached draft resolution (Attachment 1), if adopted by City Council, would direct staff and the Planning Commission to study and provide a recommendation to the City Council on an amendment to Title 17 and deletion of Chapter 5.88 of the Moorpark Municipal Code related to regulations of home occupations, boutique sales, and garage sales. STAFF RECOHMNDATION Adopt Resolution 2003- , directing the Planning Commission to study, hold a public hearing, and provide a recommendation to the City Council on an amendment to Title 17 of the Moorpark Municipal Code and to delete Chapter 5.88 of the Moorpark Municipal Code. ATTACHMENTS: 1. Draft Resolution No. 2003- \ \mor_pri_sery \City Share \Community Development \DEV PMTS \Z O A \Initiations \cc 030406 HOP ZOA Initiation.doc 0�3VIZ2,50 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DIRECTING THE PLANNING COMMISSION TO STUDY, HOLD A PUBLIC HEARING AND PROVIDE A RECOMMENDATION TO THE CITY COUNCIL ON A ZONING ORDINANCE AMENDMENT THAT WOULD DELETE CHAPTER 5.88 OF THE MOORPARK MUNICIPAL CODE REGARDING HOME OCCUPATIONS, BOUTIQUE SALES AND GARAGE SALES AND AMEND TITLE 17 (ZONING) REGARDING HOME OCCUPATIONS AND GARAGE SALES. WHEREAS, Section 17.60.030 of the Municipal Code provides that the City Council may initiate proceedings to consider amendments to the Zoning Ordinance by the adoption of a resolution of intent; and WHEREAS, the City Council wishes to initiate proceedings to consider a Zoning Ordinance Amendment that would delete Chapter 5.88 of the Moorpark Municipal Code regarding home occupations, boutique sales and garage sales and amend Title 17 (Zoning) regarding home occupations and garage sales. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. INITIATION OF PROCEEDINGS: The City Council hereby authorizes the initiation of proceedings to consider a Zoning Ordinance Amendment that would delete Chapter 5.88 of the Moorpark Municipal Code regarding home occupations, boutique sales and garage sales and amend Title 17 (Zoning) regarding home occupations and garage sales. SECTION 2. DIRECTION TO PLANNING COMMISSION: The Planning Commission is hereby directed to study, hold a public hearing, and provide a recommendation to the City Council on this matter. SECTION 3. CITY CLERK CERTIFICATION AND FILING: 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. CC ATTACHMENT 1 Resolution No. 2003 - Page 2 PASSED AND ADOPTED this 4th day of June, 2003. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk s: \Community Development \DEV PMTS \Z 0 A \Initiations \030604 HOP ZOA Reso.doc .fl, x 20 0,A,-. �.Y hr ad Kn To: From: MOORPARK CITY COUNCIL AGENDA REPORT Honorable City Council Nancy Burns, Senior Management Analyst Date: May 28, 2003 (CC Meeting of June 4, ITEM 10.5... a0a3 -aoy 7, yJ�A:Gvt.e.c�....� �e.we -•� Q�- 1 2003) Subject: Consider Resolution Approving an Agreement by and among the City of Moorpark, Moorpark Redevelopment Agency, and TR Partners, LLC, for the Agency's Purchase and Resale of One Dwelling Unit in RPD 99 -1, TT 5181 to a Low Income Family at an Affordable Housing Cost BACKGROUND Section 33413 (b) (2) (A) (i) of California Health and Safety Code ( "Redevelopment Law ") requires that 15% of all dwelling units developed within a Redevelopment Project Area be affordable to and occupied by low or moderate income households. Condition No. 7 of Residential Planned Development (RPD) 99 -1 and Condition No. 16 of Tentative Tract (TT) Map No. 5181 require that one (1) of the eight (8) units to be constructed be sold to a low income buyer. DISCUSSION In order to expedite further processing of the developer's Final Map, the Redevelopment Agency is being asked to consider purchasing the low income unit at an affordable housing cost, if an eligible low income buyer has not been identified when the unit is completed and ready for sale. The Agency will then re -sell the unit to a qualified low income buyer and will cause long term covenants to be recorded against the property, which will ensure its affordability to low income households for at least 45 years. This Agreement allows the developer to satisfy the project conditions of approval referenced above. o�� Honorable City Council Date 05/29/03 Page 2 STAFF RECOMMENDATION 1. Approve Resolution No. 2003-; and 2. Direct the City Manager, on behalf of the City, to execute Purchase and Sale Agreement, subject to final language approval by the City Manager and City Attorney. Attachments: Resolution No. 2003 - Purchase and Sale Agreement 0 Eo � � �, 5 RESOLUTION NO. 2003 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING AN AGREEMENT AMONG THE CITY OF MOORPARK, MOORPARK REDEVELOPMENT AGENCY AND TR PARTNERS, LLC, FOR THE REDEVELOPMENT AGENCY'S PURCHASE AND SALE OF ONE DWELLING UNIT IN THE DEVELOPMENT KNOWN AS RESIDENTIAL PLANNED DEVELOPMENT (RPD) NO. 99 -1, TENTATIVE TRACT (TT) MAP NO. 5181 WHEREAS, the City of Moorpark, a municipal corporation, wishes to encourage residential development within the City; and WHEREAS, the City supports the Moorpark Redevelopment Agency's statutory requirements to ensure the provision of dwelling units that are affordable to low and moderate income households by conditioning new residential developments within the Redevelopment Project Area to provide a certain number of dwelling units that are affordable to low income households; and WHEREAS, Resolution No. 99 -1681, containing conditions of approval for RPD 99 -1 and TT 5181 for TR Partners (the Project „ ), requires that one (1) 3- bedroom unit be provided and sold to a low income household. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The real property upon which the Project will be developed consists of approximately 1.2 acres of land located between Bard and Millard Streets, and south of Second Street (APN 512 -0 -131 -070), as described on Exhibit "A” which is attached hereto and incorporated herein, and as more particularly depicted on Exhibit "B" which is also attached hereto and incorporated herein. SECTION 2. The City Council hereby declares that the Purchase and Sale Agreement among the City, the Redevelopment Agency, and TR Partners, LLC, attached hereto as Exhibit "C" satisfies Condition No. 16 of TT 5181 and Condition No. 7 of RPD 99 -1, which require that the developer provide one (1) three bedroom unit of not less than 1,350 square feet in size on the Project site, to be sold to buyers who meet the criteria for low income households established by the United States Department of 0 CA, �.► Resolution No. 2003 - Page 2 Housing and Urban Development for the County of Ventura (80% of Median Income) . SECTION 3. The City Council further authorizes the execution of the Purchase and Sale Agreement by and among the City of Moorpark, the Moorpark Redevelopment Agency, and TR Partners, LLC (Exhibit "C "). SECTION 4. This resolution shall become effective immediately upon its adoption. 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 4th day of June, 2003. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Attachments: Exhibit "A" Map of Project Site Exhibit "B" Legal Description Exhibit "C" Purchase and Sale Agreement () ov_-Av 3 �5 NS w 4 20 ,•i.4� ys�o •.. 2 �. n °o • r 0 0 ar C C: C� :FOR TRACT L RO. SIMI O man Cc as A; t2 VENTURA COUNTY PLANNING DEFMRTMENT ZONING MAP 512— 13 b �4 yra•� •n ry +Ylrflr'. ••�1'• ♦ r•yr«• 12'll'y(. ORDINANCE 23M ADOPTED S • S • 70 COUNTY CLERIC FkAwI L Mll r I O O ' O n O © O 1i ' O w ^ _tN law N, ©� ® r ® �. 1 31 �.1RCi• 32 • 33 • 34 35 6 3Tr 3a • 39°• 40; • 41 • 42 ~ 43- 44- 134 _Vie_: ;'_�r — �" — S. -- -- -- - -- --- 30 w A. 2� i 2 2T 2(265 m2�n 244t+� 2 • i 2222 • 21 20 • 19 1 I �• 1 0. ..rr •.�. n «a. as .«. -- ^-. -- - - t2 512-13 ad lad r ao i I i r I I w I rn x 1 i i o I 1 - I r ` I I 21I24�� 3430' �ro Assessor's Map Bk. 512 , P¢ 13 Vista Verde Tract Ab.1 RM Bk.24 Pg.79 Asommorb MOCK NurmbO- Sh"m ,n 1110209 COW►ly Of Ventura, Calif Vista Verde Tract No.3 RM Bk.26 Fg. 72 asetaaeri p'Cal 'wh^bwa Shaw' ' Nc- Exhibit "V" Legal Description THE PORTIONS OF BLOCK 8 AND 11 AND OF THIRD STREET AND BARD STREET AS SHOWN ON MAP NO. 1 OF TRACT "0" OF MOORPARK SUBDIVISION RANCHO SIMI, IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 8 PAGE 13 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT DISTANT SOUTH 00 00' 05" WEST 30 FEET ALONG THE CENTER LINE OF BARD STREET FROM THE INTERSECTION OF SAID CENTER LINE WITH THE CENTER LINE OF THIRD STREET AS SHOWN ON SAID MAP; THENCE ALONG THE SOUTHERLY LINE OF THIRD STREET, IST: - SOUTH 890 59' 55" EAST 30 FEET: THENCE ALONG THE EASTERLY LINE OF BARD STREET, 2ND: - NORTH 00 0' 05" EAST 179.85 FEET: THENCE. 3RD: - SOUTH 750 42' 08" EAST 176.61 FEET TO A POINT ON A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 472 FEET AND A CENTRAL ANGLE OF 110 39' A RADIAL LINE AT SAID POINT BEARING SOUTH 750 42' 08" EAST; 4TH: - SOUTHEASTERLY ALONG SAID CURVE 95.97 FEET TO A REVERSE CURVE HAVING A RADIUS OF 528 FEET AND A CENTRAL ANGLE OF 250 58' 22 "; THENCE, 5TH: - SOUTHERLY ALONG SAID CURVE 239.25 FEET; THENCE, 6TH: - SOUTH 00 01' 30" EAST 50 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT NORTHERLY 10 FEET FROM THE NORTHERLY LINE OF WALNUT ACRES SUBDIVISION, RECORDED IN BOOK 22 PAGE 79 OF MAPS; THENCE ALONG SAID PARALLEL LINE, 7TH: - SOUTH 890 58' 30" WEST 115 FEET TO A POINT ON SAID CENTER LINE OF BARD STREET; THENCE, 8TH: - NORTH 00 00' 05" EAST 235.03 FEET TO THE POINT OF BEGINNING. } 0'';005 C9 Exhibit "C" PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (the "Agreement ") is made and entered into as of the day of , 2003, by and among TR PARTNERS, LLC, a California Limited Liability Corporation (hereinafter referred to as "DEVELOPER ") , the CITY OF MOORPARK and MOORPARK REDEVELOPMENT AGENCY (hereinafter, collectively referred to as "CITY "). RECITALS WHEREAS, California Health & Safety Code Section 33413 (b) (2) (A) (i) requires that "at least 15 per cent of all new and substantially rehabilitated dwelling units developed within a project area under the jurisdiction of an agency by public or private entities or persons other than the agency shall be available at affordable housing cost to, and occupied by, persons and families of low or moderate income "; and WHEREAS, California Health & Safety Code Section 33413(c) (1) requires such dwelling units to remain affordable for the longest feasible time, but for not less than 45 years for homeownership units; and WHEREAS, affordable housing cost is defined in California Health and Safety Code Section 50052 . 5 (b) (2) , with the components of affordable housing cost as found in Section 6920 of Title 25 of the California Code of Regulations; and WHEREAS, DEVELOPER desires to develop eight (8) single family detached homes on approximately 1.2 acres of land between Bard and Millard Streets and south of Second Street (APN No. 512 -0 -131 -070), consistent with the conditions of Residential Planned Development (RPD) No. 99 -1 and Tentative Tract Map No. 5181, approved December 1, 1999, by Resolution No. 1681, collectively, the "Project "; and WHEREAS, Condition No. 16 of Tentative Tract Map No. 5181 and Condition No. 7 of RPD No. 99 -1 require that the developer shall on this project site provide one (1) three bedroom unit of not less than 1,350 square feet in size, to be sold to buyers who meet the criteria for low income households established by the United States Department of Housing and Urban Development for the County of Ventura (80% of Median Income). 1 0 TR Partners 052903 NOW, THEREFORE, IT IS AGREED by and between the DEVELOPER and the CITY as follows: SECTION 1. Satisfaction of RPD Conditions. CITY agrees that this Agreement satisfies Condition No. 16 of Tentative Tract Map No. 5181 and Condition No. 7 of RPD No. 99- 1, including the stipulation for an Affordable Housing Agreement and Affordable Housing Implementation and Resale Restriction Plan. The CITY will assume DEVELOPER's responsibility for marketing the low income unit, selecting and qualifying an eligible buyer for the unit, and overseeing the escrow process to sell the low income unit to a low income household. SECTION 2. Terms of Sale. 2.1 DEVELOPER agrees to sell the herein referenced low income unit to a qualified low income buyer identified by CITY, or to CITY directly, as determined by CITY in its sole discretion, prior to obtaining zone clearance for Certificate of Occupancy for the fifth (5th) unit of the Project at the purchase price of one hundred fifty -four thousand dollars ($154,000). At the opening of escrow, DEVELOPER agrees to deposit three thousand eighty dollars ($3,080) in escrow, as a deposit against its portion of escrow and closing costs. CITY or qualified low income buyer shall pay all escrow and closing costs in excess of this amount. Any funds not spent will be refunded to DEVELOPER. 2.2 DEVELOPER shall satisfy all mechanic's, laborer's, materialman's, supplier's, or vendor's liens and any construction loan or other financing affecting Lot 8 of the Project before the close of escrow for the low income unit. 2.3 DEVELOPER agrees if it sells the low income unit directly to a qualified low income buyer, per Section 2.1 above, all requirements of the buyer, including completion of CITY approved Homebuyer Education, and documents for the transaction, including the Promissory Note, Deed of Trust, and Resale Restriction Agreement and Option to Purchase (the "Affordability Covenants ") , shall be approved by the CITY and be included as a requirement of the sale. The language of all such documents shall be approved by CITY at its sole discretion. SECTION 3. Conditions of Purchase and Sale. If a qualified low income buyer is identified by the CITY prior to or at the time of completion of the unit, and by the date on which a Certificate of Occupancy is issued, DEVELOPER shall open TR Partners 052903 2 0 ..� C ifA °Z" i! per escrow for the same sales price as herein stipulated and subject to the conditions in Section 2. above, and enter escrow directly with the buyer identified by CITY, and proceed to closing of said escrow. If a qualified low income buyer has not been identified upon completion of the low income unit and issuance of a Certificate of Occupancy, CITY agrees to purchase the low income unit for one hundred fifty -four thousand dollars ($154, 000) . SECTION 4. Quality of Construction. DEVELOPER and CITY agree that Lot No. 8, shall be designated as the lot on which the low income unit, of not less than 1,350 square feet in size, is constructed. DEVELOPER warrants that the quality of materials and construction techniques of the unit sold to the CITY shall in all manner be comparable to that of all other units constructed in this Project and subject to all conditions of RPD 99 -1 and Tentative Tract Map 5181 and shall meet all Building Codes. SECTION S. Amenities and Warranties. DEVELOPER acknowledges that the low income unit will not be occupied by the CITY, but, if purchased by the CITY, will be sold by the CITY to a qualified low income buyer(s) . DEVELOPER agrees to provide the same amenities and home warranties associated with the low income unit purchased by the CITY as the amenities and home warranties associated with the market rate units. DEVELOPER declares that all such warranties shall inure to the benefit of and be enforceable by the ultimate occupants of the low income unit, and that all warranties by subcontractors and suppliers shall inure to the benefit of and be enforceable by such occupants. The CITY shall have the same choices of finish options as purchasers of market rate units in this Project and final walk- through approval of condition of unit before close of sale. Any options provided to buyers of market rate units shall be provided to CITY or buyer(s) of the low income unit, including, but not limited to, color and style choices for carpeting and other floor coverings, counter tops, roofing materials, exterior stucco and trim of any type, fixtures, and other decorative items. SECTION 6. Defense and Indemnity. DEVELOPER agrees to indemnify, hold harmless and defend at its sole expense, with counsel reasonably acceptable to CITY, any action brought against it or CITY by the purchaser of the affordable unit for any alleged construction defects or related problems, or any action brought by any party to approve, extend or renew any permit, related actions under CEQA, any subsequent permits to TR Partners 052903 implement/ construct the Project and this Agreement. DEVELOPER further agrees to reimburse CITY for any court costs and /or attorneys' fees which CITY may be required by the court to pay as a result of any such action. CITY may, at its sole discretion, participate in the defense of any such action at CITY's cost, but such participation shall not relieve DEVELOPER of its obligation under this Section. SECTION 7. Waiver. DEVELOPER hereby covenants not to bring any action against CITY to (a) attack, review, set aside, void, or otherwise annul the CITY processing of or action on any approvals needed for the Project or this Agreement, in whole or in part, or (b) recover any compensation or obtain any relief for any injury, damage, loss, or deprivation of any right alleged to have been sustained as a result of CITY's action on any approval needed for the Project or of this Agreement. SECTION 8. Defaults and Remedies. Each of the following shall constitute an "Event of Default" by the DEVELOPER: 8.1 Failure by the DEVELOPER to duly perform, comply with and observe any of the conditions, terms, or covenants of Tentative Tract Map No. 5181 or RPD No. 99-1 or this Agreement, if such failure remains uncured thirty (30) days after written notice of such failure from the CITY to the DEVELOPER in the manner provided herein or, with respect to a default that cannot be cured within thirty (30) days, if the DEVELOPER fails to commence such cure within such thirty (30) day period or thereafter fails to diligently and continuously proceed with such cure to completion; provided, however, that in no event shall the CITY be precluded from exercising remedies if an Event of Default is not cured within ninety (90) days after the first notice of default is given. If a different period or notice requirement is specified under any other section of this Agreement, then the specific provision shall control. 8.1.2 Any representation or warranty contained in this Agreement or in any certificate or report submitted to the CITY by DEVELOPER proves to have been incorrect in any material respect when made. 8.1.3 A court having jurisdiction shall have made or rendered a decree or order (a) adjudging DEVELOPER to be bankrupt or insolvent; (b) approving as properly filed a petition seeking reorganization of DEVELOPER or seeking any arrangement on behalf of DEVELOPER under the bankruptcy law or any 'other applicable debtor's relief law or statute of the ��,rr,q.�Gn l� ✓ �/ rC. Ib TR Partners 052903 4 United States or of any state or other jurisdiction; (c) appointing a receiver, trustee, liquidator, or assignee of the DEVELOPER in bankruptcy or insolvency or for any of its properties; or (d) directing the winding up or liquidation of the DEVELOPER, providing, however, that any such decree or order described in any of the foregoing subsections shall have continued unstayed or undischarged for a period of ninety (90) days. 8.1.4 The DEVELOPER shall have assigned its assets for the benefit of its creditors or suffered a sequestration or attachment or execution on any substantial part of its property, unless the property so assigned, sequestered, attached, or executed upon shall have been returned or released within ninety (90) days after such event (unless a lesser time period is permitted for cure hereunder) or prior to sale pursuant to such sequestration, attachment, or execution. If the DEVELOPER is diligently working to obtain a return or release of the property and the CITY's interests hereunder are not imminently threatened in the CITY's reasonable business judgment, then the CITY shall not declare a default under this subsection. 8.1.5 The DEVELOPER shall have voluntarily suspended its business or dissolved. 8.1.6 Should there occur any default declared by any lender under any loan document or deed of trust relating to any loan made in connection with the Project or property on which Project is to be constructed, which loan is secured by a deed of trust or other instrument of record. 8.2 Liens. DEVELOPER shall pay and promptly discharge when due, at DEVELOPER's cost and expense, all liens, encumbrances and charges upon the Project or the underlying property, or any part thereof or interest therein (except the lien of any mortgage, deed of trust or other recorded instrument securing any construction or permanent financing for the Project), provided that the existence of any mechanic's, laborer's, materialman's, supplier's, or vendor's lien or right thereto shall not constitute a violation of this Section if payment is not yet due under the contract which is the foundation thereof and if such contract does not postpone payment for more than forty -five (45) days after the performance thereof. DEVELOPER shall have the right to contest in good faith the validity of any such lien, encumbrance or charge, provided that within ten days after service of a stop notice or ninety days after recording of a mechanic's lien, DEVELOPER 0 C G 3 TR Partners 052903 5 shall deposit with CITY a bond or other security reasonably satisfactory to CITY in such amounts as CITY shall reasonably require, but no more than the amount required to release the lien under California law and provided further that DEVELOPER shall thereafter diligently proceed to cause such lien, encumbrance or charge to be removed and discharged, and shall, in any event, cause such lien, encumbrance or charge to be removed or discharged not later than sixty (60) days prior to any foreclosure sale. If DEVELOPER shall fail either to remove and discharge any such lien, encumbrance or charge or to deposit security in accordance with the preceding sentence, if applicable, then, in addition to any other right or remedy of CITY, CITY may, but shall not be obligated to, discharge the same, without inquiring into the validity of such lien, encumbrance or charge nor into the existence of any defense or offset thereto, either by paying the amount claimed to be due, or by procuring the discharge of such lien, encumbrance or charge by depositing in a court a bond or the amount or otherwise giving security for such claim, in such manner as is or may be prescribed by law. DEVELOPER shall, immediately upon demand therefor by CITY, pay to CITY an amount equal to all costs and expenses incurred by CITY in connection with the exercise by CITY of the foregoing right to discharge any such lien, encumbrance or charge. To the extent not paid, all costs and expenses paid by the CITY shall be a lien on the Property pursuant to Civil Code Section 2881. 8.3 Costs of Enforcement. If any Event of Default occurs, CITY may employ an attorney or attorneys to protect its rights hereunder. Subject to California Civil Code Section 1717, DEVELOPER promises to pay to CITY, on demand, the fees and expenses of such attorneys and all other costs of enforcing the obligations secured hereby including without limitation, recording fees, receiver's fees and expenses, and all other expenses of whatever kind or nature, incurred by CITY in connec- tion with the enforcement of the obligations secured hereby, whether or not such enforcement includes the filing of a lawsuit. 8.4 Remedies Not Exclusive. CITY shall be entitled to enforce payment and performance of any indebtedness or obligation of DEVELOPER arising under this Agreement and to exercise all rights and powers under this Agreement or any law now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither TR Partners 052903 E the acceptance of this Agreement nor its enforcement by court action shall prejudice or in any manner affect CITY's right to realize upon or enforce any other security now or hereafter held by CITY, it being agreed that CITY shall be entitled to enforce this Agreement and any other security now or hereafter held by CITY, as applicable, in such order and manner as either may in its absolute discretion determine. No remedy herein conferred upon or reserved to CITY is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by this Agreement to the CITY may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the CITY, and it may pursue inconsistent remedies. 8.5 Enforcement; Specific Performance. The CITY shall have the right to mandamus or other suit, action or proceeding at law or in equity to require the DEVELOPER to perform its obligations and covenants under this Agreement or to enjoin acts or things which may be unlawful or in violation of the provisions hereof. 8.6 Right of Contest. The DEVELOPER shall have the right to contest in good faith any claim, demand, levy, or assessment the assertion of which would constitute an Event of Default hereunder. Any such contest shall be prosecuted diligently and in a manner unprejudicial to the CITY or the rights of the CITY hereunder. 8.7 Action at Law; No Remedy Exclusive. The CITY may take whatever action at law or in equity as may be necessary or desirable to enforce performance and observance of any obligation, agreement or covenant of the DEVELOPER under this Agreement. No remedy herein conferred upon or reserved by the CITY is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law, in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of such right or power, but any such right or power may be exercised from time to time and as often as CITY may deem expedient. In order to entitle the CITY to exercise any remedy reserved to it in this Agreement, it shall not be necessary to give any notice, other than such TR Partners 052903 7 notice as may be herein expressly required or required by law to be given. SECTION 9. Warranty of Authorized Signatories. Each of the signatories hereby warrants and represents that he or she is competent and authorized to execute this Agreement on behalf of the party for whom he or she purports to sign. SECTION 10. Miscellaneous. (a) Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors, assigns, legal representatives, parent, subsidiary, affiliated and related entities, officers, directors, principals, agents, servants, employees, representatives, and all persons, firms, associations and /or corporations connected with them, including, without limitation, their insurers, sureties and /or attorneys. (b) Attorneys' Fees. In the event that any action, suit or other proceeding is instituted to remedy, prevent or obtain relief from a breach of this Agreement, or arising out of a breach of this Agreement, or contesting the validity or enforceability of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs incurred in such action, suit or other proceeding, including any and all appeals or petitions therefrom. (c) Severability. Should any part, term or provision of this Agreement be declared or determined by any court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected thereby and said illegal or invalid part, term or provision shall be deemed not to be a part of this Agreement. (d) Assistance of Counsel. DEVELOPER and CITY acknowledge that: (i) they have been represented by independent counsel in connection with this Agreement; (ii) they have executed this Agreement with the advice of such counsel; and (iii) this Agreement is the result of negotiations between the Parties and the advice and assistance of their respective counsel. Each of the Parties has equally participated in the drafting and preparation of this Agreement, and it is the intention of the Parties that the construction or interpretation of this Agreement shall be made without reference to the Party who drafted any portion or particular provision of this Agreement or the relative size and or bargaining power of the Parties. TR Partners 052903 8 SECTION 11. Moratorium on Development. Nothing in this Agreement shall prevent CITY, whether by the City Council or through the initiative or referendum process, from adopting or imposing a moratorium on the processing and issuance of Subsequent Approvals and building permits and on the finalizing of building permits by means of a final inspection or certificate of occupancy, provided that the moratorium is adopted or imposed (i) on a City -wide basis to all substantially similar types of development projects and properties with similar land use designations and (ii) as a result of a utility shortage or a reasonably foreseeable utility shortage, including without limitation a shortage of water, sewer treatment capacity, electricity or natural gas. SECTION 12. Waiver of Protest Rights. DEVELOPER agrees that any fees and payments for this Project shall be made without reservation, and Developer expressly waives the right to payment of any such fees under protest pursuant to California Government Code Section 66020 and statutes amendatory or supplementary thereto, or any other applicable state or federal law. SECTION 13. Action at Law; No Remedy Exclusive. The CITY may take whatever action at law or in equity as may be necessary or desirable to enforce performance and observance of any obligation, agreement or covenant of the DEVELOPER under this Agreement. No remedy herein conferred upon or reserved by the CITY is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law, in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of such right or power, but any such right or power may be exercised from time to time and as often as CITY may deem expedient. In order to entitle the CITY to exercise any remedy reserved to it in this Agreement, it shall not be necessary to give any notice, other than such notice as may be herein expressly required or required by law to be given. SECTION 14. Notices. All communications which a party desires respecting this Agreement must be in recipient party at its address set fc to this Agreement and must be given commercial messenger or courier) or by TR Partners 052903 notices and other or is required to give writing addressed to the rth beneath its signature personally (including by First Class United States Mail, postage prepaid. Notices shall be deemed to have been effectively given, if given personally, upon receipt (or upon attempted delivery if receipt is refused), and if mailed, three (3) business days following deposit in the United States Mail. A party may change its address for notices only by a notice given in the foregoing manner. SECTION 15. 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. SECTION 16. Amendments and Waivers. No term or provision of this Agreement can be amended or waived, either orally or by a course of conduct, but only by an instrument in writing signed by the party against whom enforcement of such amendment or waiver is sought. SECTION 17. Entire Agreement. This Agreement and the Conditions of Approval for this Project constitute the entire agreement and understanding of the parties with respect to its subject matter and they supercede all prior and contemporaneous agreements and understandings of the parties with respect to that subject matter. SECTION 18. Headings and Attachments. The title of this Agreement and the headings of its sections are for convenience of reference only and are not to be referred to in interpreting or construing this Agreement. However, all attachments and exhibits to this Agreement, as well as the Recitals, are a part of this Agreement. SECTION 19. Governing Law and Interpretation. This Agreement is to be governed by and construed in accordance with the laws of the State of California. No term or provision of this Agreement is to be construed against a party by reason of its having drafted the same. This Agreement is made, entered into and executed in Ventura County, California, and any action filed in any court for the interpretation, enforcement or other action arising from any term, covenant or condition herein shall be filed in Ventura County. TR Partners 052903 10 0 C 3 2 AGENCY: MOORPARK REDEVELOPMENT AGENCY MN Chair of the Board Attest: By Agency Secretary CITY: CITY OF MOORPARK In City Manager Attest: By City Clerk City of Moorpark Moorpark Redevelopment Agency Address: 799 Moorpark Avenue Moorpark, California 93021 Telephone: (805) 517 -6215 Fax: (805) 529 -8270 DEVELOPER: TR PARTNERS, A California Limited Liability Corporation WN Patrick Leyden, Manager TR Partners 11158 Lopez Court Moorpark, CA 93021 Telephone: (805) 444 -3129 TR Partners 052903 11 y (� J G 9 ITEM 10 • :S • MOORPARK CITY COUNCIL! ;.,�_„ a .0 AGENDA REPORT TO: Honorable City Council FROM: Walter Brown, City Engineer Prepared by Clara Magana, Assistant Engineer 6M DATE: May 29, 2003 (CC Meeting of 6/4/03) SUBJECT: Final Map Approval for Tract Map No. 5181 BACKGROUND /DISCUSSION Tentative Tract Map No. 5181 is an 8 lot single family residential subdivision on 1.2 acres of land between Bard and Millard Streets and South of Second Street. City staff has reviewed the conditions of approval for the Tentative Tract Map to make sure compliance is achieved prior to or as part of the Final Map. The Tentative Tract Map conditions included a requirement for approval of an Affordable Housing Agreement prior to Final Map approval. The approval of the Affordable Housing Agreement is also scheduled for the City Council and Redevelopment Agency meetings of June 4, 2003. This approval must occur prior to Final Map approval. The City Engineer has reviewed the Final Map and is satisfied that it is technically correct and that it is substantially in conformance with the approved tentative map. STAFF RECOMMENDATION If the Affordable Housing Agreement for Tract No. 5181 is approved, authorize the Mayor and City Clerk to sign and the City Clerk to cause Tract Map 5181 to be recorded in the office of the Ventura County Recorder. ATTACHMENTS: 1. Vicinity Map. 2. Reduced copy of Tract Map 5181. Vr •✓ ./ c r 7 ��'�,��g ��� TR PARTNERS, LLC, A LIMITED LIABILITY COMPANY, OWNER BY PATRICK J. LEYDEN UNITED NATIONAL BANK, A NATIONAL BANKING ASSOCIATION, BENEFICIARY OF A DEED OF TRUST RECORDED MARCH 7, 2003 AS INSTRUMENT NO 2003 -76426 OF OFFICIAL RECORDS. BY;___ ___ __ _____ _ __ BY STATE OF CALIFORNIA COUNTY OF ______ SS. ON BEFORE ME A NOTARY PUBLIC, PERSONALLY APPEARED PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON (5) WHOSE NAME(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 SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED. EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE: MY COMMISSION EXPIRES. MY PLACE OF BUSINESS IS COUNTY STATE OF CALIFORNIA SS courvTY of ___ ______ ON BEFORE ME A NOTARY PUBLIC, PERSONALLY APPEAREQ PERSONALLY KNOWN TO ME OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PER50N(S) WHOSE NAME(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 MIS /HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE: MY COMMISSION EXPIRES: MY PLACE OF BUSINESS IS SIGNATURE OMISSIONS COUNTY THE SIGNATURE(S) OF THE FOLLOWING PRESENT OWNERS OF EASEMENTS HAVE BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436(,,)(3)(A) OF THE SUBDIVISION MAP ACT, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE. AND SAID SIGNATURES ARE NOT REQUIRED BY THE GOVERNING BODY: ELI MI LAND AND WATER COMPANY, OWNER OF AN EASEMENT FOR RIGHTS OF ENTRY AND RIGHTS OF WAY AND USE OF ANY SYSTEM FOR THE COLLECTION, CONDUCTION AND DISTRIBUTION OF WATERS OF THE RANCHO SIMI, RECORDED JANUARY 3, 1980 IN BOOK 29 PAGE 500 OF DEEDS. RECORDS OF VENTURA COUNTY. SAID EASEMENT CANNNOT BE LOCATED FROM RECORD. SOUTHERN CALIFORNIA EDISON , OWNER OF AN EASEMENT FOR PUBLIC UTILITIES. RECORDED MARCH 1, 1956, IN BOOK 1382 PAGE 290 OF OFFICIAL RECORDS OF VENTURA COUNTY. DATED GLEN L AALBER5. 4494 9-30- (EXPIRES 9 -30 -2000 6) CITY ENGINEER'S STATEMENT HEREBY STATE THAT HAVE EXAMINED THE FINAL MAP ENTITLED TRACT NO. 5181, THAT THE SU90I VISION IE SUBSTANTIALLY THE SAME AS IT APPEARED ON THE APPROVED TENTATIVE MAP AND ANY APPROVED MODIFICATIONS THEREOF, THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA AND OF ANY LOCAL ORDINANCE APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH AND THAT I AM SATISFIED THAT THE MAP IS TECHNICALLY CORRECT. WALTER BROWN CITY ENGINEER CITY OF MOORPARK SOILS AND /OR GEOLOGIC REPORT THE FOLLOWING SOILS REPORTS) AND /OR GEOLOGIC REPORT(S) HAVE BEEN PREPARED FOR TRACT NO 5181, A COPY OF WHICH IS ON FILE IN THE OFFICE OF THE CITY ENGINEER: DATE OF REPORT(5): NO 3552 DATED 1/8/1999 TITLE OF REPORT(S): PROPOSED SINGLE FAMILY RESIDENCE TENTATIVE TRACT NO 5181 LOTS 1 -8 FIRM NAME: SUBSURFACE DESIGNS INC., SYLMAR, CA SOILS ENGINEER.- JONATHAN E. MANN REGISTRATION NO.: 60293 ^d t C.) CITY COUNCIL ACCEPTANCE CERTIFICATE THIS MAP, ENTITLED TRACT NO 5181, CONSISTING OF 3 SHEETS, IS PRESENTED TO THE CITY COUNCIL OF THE CITY OF MOORPARK OF VENTURA COUNTY, CALIFORNIA AT A REGULAR MEETING OF SAID COUNCIL HELD ON THE_ DAY OF 2003 FOR APPROVAL. SAID COUNCIL HEREBY APPROVES SAID MAP. AND ALSO HEREBY ACCEPTS ALL RIGHTS OF INGRESS AND EGRESS AS OFFERED HEREON. HOWEVER, THE OFFER OF LIMITED USE EASEMENTS 15 HEREBY REJECTED, IN WITNESS WHEREOF, SAID CITY COUNCIL HAS CAUSED THIS CERTIFICATE TO BE SIGNED BY THE MAYOR AND ATTESTED TO BY THE CITY CLERK OF SAID CITY AND THE CORPORATE SEAL OF SAID CITY OF MOORPARK TO BE AFFIXED HERETO THIS_ DAY Of . 2003. CITY CLERK OF THE CITY OF MOORPARK MAYOR OF THE CITY OF MOORPARK COUNTY TAX COLLECTOR'S CERTIFICATE I HEREBY CERTIFY THAT ALL CERTIFICATES AND SECURITY REQUIRED UNDER THE PROVISIONS OF SECTIONS 66492 AND 66493 OF THE SUBDIVISION MAP ACT HAVE BEEN FILED AND DEPOSITED WITH ME. LAWRENCE L. MATHENEY COUNTY TAX COLLECTOR COUNTY OF VENTURA DATED BY DEPUTY COUNTY TAX COLLECTOR COUNTY RECORDER'S CERTIFICATE DOCUMENT NO FILED THIS DAY OF 20_ , AT M. IN BOOK OF MISCELLANEOUS RECORDS (MAPS) AT PAGE(S) AT THE REQUEST OF TR PARTNERS, LLC.. PHILIP J. SCHMIT COUNTY RECORDER COUNTY OF VENTURA 1.1 COUNTY RECORDER CONDITIONAL APPROVAL NOTE THIS MAP IS SUBJECT TO CONDITIONS. ORDINANCES, REGULATIONS, STANDARDS AND POLICIES, WHICH HAVE BEEN IMPOSED AS A CONDITION OF APPROVAL OF THE MAP. PLEASE REFER TO CITY OF MOORPARK PLANNING RESOLUTION NO 99 -1681. TRACT N0. 5181 IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA BEING A SUBDIVISION OF A PORTION OF BLOCKS 8 AND 11, THIRD STREET AND BARD STREET AS SHOWN ON MAP NO 1 OF TRACT "0" OF MOORPARK SUBDIVISION RANCHO SIMI, AS PER MAP RECORDED IN BOOK 8 PAGE 13 OF MISCELLANEOUS RECORDS (MAPS) IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. DECEMBER, 2001 SHEET 1 OF 3 SHEETS SURVEYOR'S STATEMENT OWNER'S STATEMENT A RECORD TITLE THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON ON A FIELD THE UNDERSIGNED HEREBY STATE THAT THEY ARE THE OWNERS OF OR HAVE THIS SUBDIVISION ENTITLED SURVEY IN CONFORMANCE VATH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL INTEREST IN THE LAND INCLUDED WTHIN THE BOUNDARIES OF 'TRACT N0. 5181' AS SHOWN ON THIS MAP, CONSISTING OF 3 SHEETS. THAT THEY ARE THE ORDINANCE AT THE REQUEST OF TR PARTNERS. LLC, A LIMITED LIABILITY COMPANY ON THIS INAL MAP ITIONALLY CONFORMS TANI E CONDETE HEREBY S+ATEI ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS TITLE TO SAID LAND; THAT THEY CONSENT APPROVED EN02.1 SURVEY TTCOR RECTL YF E TO THE MAKING ANO RECORDATION OF SAID MAP AND SUBDIVISION AS SHOWN WITHIN 5 SHOWN, THAT THE MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED THE EXTERIOR BOUNDARY LINE. TO DEDICATE TO THE CITY OF MOORPARK, ALL RIGHTS OF (OR WILL BE SET IN SUCH POSITIONS 'MTHIN ONE YEAR AFTER RECORDATION OF THIS TRACT MAP) TO ENABLE THE SURVEY TO BE RETRACED. TIE SHEETS AND THAT THEY DO HEREBY OFFER INGRESS AND EGRESS OVER AND ACROSS THE NORTHERLY LINE OF LO1 4 ABUTTING BARD STREET AND THAT THEY ARE (OR WILL BE) SUFFICIENT TO ALL CENTERLINE MONUMENTS SHOWN HEREON AS SET BY ME — BE ON FILE IN THE OFFICE OF IN ORDER THAT THE OWNERS OF SAID LOT SHALL HAVE NO RIGHTS OF CCESS WHATSOEVER TO SAID THE CITY ENGINEER PRIOR TO ACCEPTANCE OF THE IMPROVEMENTS INTO THE CITY STREET SYSTEM. BARD STREET, EXCEPT THE GENERAL RIGHT -OF- TRAVEL WHICH BELONGS TO THE WHOLE PUBLIC, AND THAT THEY DO HEREBY IRREVOCABLY OFFER TO DEDICATE TO THE CITY OF MOORPARK THE LIMITED USE EASEMENTS SHOWN ON THIS MAP AND ALL USES INCIDENT THERETO. TR PARTNERS, LLC, A LIMITED LIABILITY COMPANY, OWNER BY PATRICK J. LEYDEN UNITED NATIONAL BANK, A NATIONAL BANKING ASSOCIATION, BENEFICIARY OF A DEED OF TRUST RECORDED MARCH 7, 2003 AS INSTRUMENT NO 2003 -76426 OF OFFICIAL RECORDS. BY;___ ___ __ _____ _ __ BY STATE OF CALIFORNIA COUNTY OF ______ SS. ON BEFORE ME A NOTARY PUBLIC, PERSONALLY APPEARED PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON (5) WHOSE NAME(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 SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED. EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE: MY COMMISSION EXPIRES. MY PLACE OF BUSINESS IS COUNTY STATE OF CALIFORNIA SS courvTY of ___ ______ ON BEFORE ME A NOTARY PUBLIC, PERSONALLY APPEAREQ PERSONALLY KNOWN TO ME OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PER50N(S) WHOSE NAME(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 MIS /HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE: MY COMMISSION EXPIRES: MY PLACE OF BUSINESS IS SIGNATURE OMISSIONS COUNTY THE SIGNATURE(S) OF THE FOLLOWING PRESENT OWNERS OF EASEMENTS HAVE BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436(,,)(3)(A) OF THE SUBDIVISION MAP ACT, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE. AND SAID SIGNATURES ARE NOT REQUIRED BY THE GOVERNING BODY: ELI MI LAND AND WATER COMPANY, OWNER OF AN EASEMENT FOR RIGHTS OF ENTRY AND RIGHTS OF WAY AND USE OF ANY SYSTEM FOR THE COLLECTION, CONDUCTION AND DISTRIBUTION OF WATERS OF THE RANCHO SIMI, RECORDED JANUARY 3, 1980 IN BOOK 29 PAGE 500 OF DEEDS. RECORDS OF VENTURA COUNTY. SAID EASEMENT CANNNOT BE LOCATED FROM RECORD. SOUTHERN CALIFORNIA EDISON , OWNER OF AN EASEMENT FOR PUBLIC UTILITIES. RECORDED MARCH 1, 1956, IN BOOK 1382 PAGE 290 OF OFFICIAL RECORDS OF VENTURA COUNTY. DATED GLEN L AALBER5. 4494 9-30- (EXPIRES 9 -30 -2000 6) CITY ENGINEER'S STATEMENT HEREBY STATE THAT HAVE EXAMINED THE FINAL MAP ENTITLED TRACT NO. 5181, THAT THE SU90I VISION IE SUBSTANTIALLY THE SAME AS IT APPEARED ON THE APPROVED TENTATIVE MAP AND ANY APPROVED MODIFICATIONS THEREOF, THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA AND OF ANY LOCAL ORDINANCE APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH AND THAT I AM SATISFIED THAT THE MAP IS TECHNICALLY CORRECT. WALTER BROWN CITY ENGINEER CITY OF MOORPARK SOILS AND /OR GEOLOGIC REPORT THE FOLLOWING SOILS REPORTS) AND /OR GEOLOGIC REPORT(S) HAVE BEEN PREPARED FOR TRACT NO 5181, A COPY OF WHICH IS ON FILE IN THE OFFICE OF THE CITY ENGINEER: DATE OF REPORT(5): NO 3552 DATED 1/8/1999 TITLE OF REPORT(S): PROPOSED SINGLE FAMILY RESIDENCE TENTATIVE TRACT NO 5181 LOTS 1 -8 FIRM NAME: SUBSURFACE DESIGNS INC., SYLMAR, CA SOILS ENGINEER.- JONATHAN E. MANN REGISTRATION NO.: 60293 ^d t C.) CITY COUNCIL ACCEPTANCE CERTIFICATE THIS MAP, ENTITLED TRACT NO 5181, CONSISTING OF 3 SHEETS, IS PRESENTED TO THE CITY COUNCIL OF THE CITY OF MOORPARK OF VENTURA COUNTY, CALIFORNIA AT A REGULAR MEETING OF SAID COUNCIL HELD ON THE_ DAY OF 2003 FOR APPROVAL. SAID COUNCIL HEREBY APPROVES SAID MAP. AND ALSO HEREBY ACCEPTS ALL RIGHTS OF INGRESS AND EGRESS AS OFFERED HEREON. HOWEVER, THE OFFER OF LIMITED USE EASEMENTS 15 HEREBY REJECTED, IN WITNESS WHEREOF, SAID CITY COUNCIL HAS CAUSED THIS CERTIFICATE TO BE SIGNED BY THE MAYOR AND ATTESTED TO BY THE CITY CLERK OF SAID CITY AND THE CORPORATE SEAL OF SAID CITY OF MOORPARK TO BE AFFIXED HERETO THIS_ DAY Of . 2003. CITY CLERK OF THE CITY OF MOORPARK MAYOR OF THE CITY OF MOORPARK COUNTY TAX COLLECTOR'S CERTIFICATE I HEREBY CERTIFY THAT ALL CERTIFICATES AND SECURITY REQUIRED UNDER THE PROVISIONS OF SECTIONS 66492 AND 66493 OF THE SUBDIVISION MAP ACT HAVE BEEN FILED AND DEPOSITED WITH ME. LAWRENCE L. MATHENEY COUNTY TAX COLLECTOR COUNTY OF VENTURA DATED BY DEPUTY COUNTY TAX COLLECTOR COUNTY RECORDER'S CERTIFICATE DOCUMENT NO FILED THIS DAY OF 20_ , AT M. IN BOOK OF MISCELLANEOUS RECORDS (MAPS) AT PAGE(S) AT THE REQUEST OF TR PARTNERS, LLC.. PHILIP J. SCHMIT COUNTY RECORDER COUNTY OF VENTURA 1.1 COUNTY RECORDER CONDITIONAL APPROVAL NOTE THIS MAP IS SUBJECT TO CONDITIONS. ORDINANCES, REGULATIONS, STANDARDS AND POLICIES, WHICH HAVE BEEN IMPOSED AS A CONDITION OF APPROVAL OF THE MAP. PLEASE REFER TO CITY OF MOORPARK PLANNING RESOLUTION NO 99 -1681. TRACT N0. 5181 IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA BEING A SUBDIVISION OF A PORTION OF BLOCKS 8 AND 11, THIRD STREET AND BARD STREET AS SHOWN ON MAP NO 1 OF TRACT "0" OF MOORPARK SUBDIVISION RANCHO SIMI, AS PER MAP RECORDED IN BOOK 8 PAGE 13 OF MISCELLANEOUS RECORDS (MAPS) IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. DECEMBER, 2001 SHEET 1 OF 3 SHEETS HARRY N 00'02'19" W 244.27' M IN 00'01'30" W 244,00 CF —;R3)T ; . J ay J ED th' IP FLUSH NOTHING F0, NOTHING SET, LS 3063 PER VCFB ESTABLISHED FROM TIES PER \ 1969 -A /3 VCFB 1969 -A /3 3 R &M FD LEAD h TACK 1' SOUTH OF LOT CORNER PER R3 EW I I3 a C9 (PRO) I t4't 6'26" 474.64' C9 (R3) 14'1922' z > LINE DATA: F °z Imm LINE BEARING DISTANCE L1 N 64'08'11 W 27.00 L2 N 64'08'11 W 27.00' L3 N 89'57'39" E 29.00' L4 N 89'5739" E 29.00' L5 N 00'0010'" W 27.00' L6 N 00'00'02" E 27.00' A• n • A P FO M OF R1 R2 R3 R4 R5 SH SHFB VCL B SUB LUE PRO W Q � N tt dfx � I z U o N 0O 6 1 Rt) } W Q w I � F C0 ss 28' 28' OTHING FD, NOTHING SET, N ESTABLISHED PER TIES R2 .� NOTHING F0, NOTHING SET, j AT 4 DOROTHY AVENUE NO REMAINING TIES PER a I RzhR3 y; MILLARD STREET 242.00' R2 (243.01_'2) (tt0.04_R31 _ CJ .0. 00'00'3]" w 594.Bfi' M (595.05' CFR2kR3) _ MILLARD STREET N a9's9'23" E 2zoo' cs .' CA NOTHING FD, NOTHING SET, FD LEAD k TACK N NO REMAINING TIES PER R2 TIE PER R3, t' FROM LOTLINE LEGEND AND MONUMENT NOTES SET 1/2" IRON PIPE TAGGED "LS 4494" FLUSH SET 1 1/2" IRON PIPE TAGGED IS 4494" (UNLESS OTHERWISE INDICATED) SET LEAD AND TAG "LS 4494" IN CURB ON 9.75 FOOT OFFSET ON SIDE LOT LINES PRODUCED FOR ALL LOTS ABUTTING STREETS UNLESS OTHERWISE NOTED. MONUMENT FOUND AS NOTED SET VCSSM ED. LEAD AND TACK IN CURB FD. CUT "4" ON CURB IRON PIPE FOUND RECORD MEASURED CALCULATED FROM RECORD DATA PER VISTA VERDE TRACT NO. 1, 24 MR 79 -80 RECORD DATA PER VISTA VERDE TRACT NO. 2, 25 MR 53 -54 RECORD DATA PER VISTA VERDE TRACT N0. 3, 26 MR 72 -73 RECORD DATA PER 1382 O.R. 290 WALNUT ACRES SUBDIVISION 22 MR 79 STATE HIGHWAY STATE HIGHWAY FIELD BOOK VENTURA COUNTY SURVEYOR FIELD BOOK CENTER LINE SUBSURFACE NOTHING FOUND SEARCHED FOR BUT NO TIES PER RI k R3 WERE FOUND ESTABLISHED FROM FOUND MONUMENTS TO THE EAST ESTABLISHED BY PROPORTIONATE MEASUREMENT FD LEAD, TACK k TAG RE 6557 ON PROD OF SOUTHERLY LINE OF LOTS 1 h 6 PER R3, ACCEPTED PER PROD OF NORTH PROPERTY LINE np s m; t� STREET _ N 00002'19" w 242.12' M — �� � -' (N OUOI'30" W 24200' RI) - I NOTHING FO, NOTHING 50 25 0 25 50 100 ESTABLSHED FROM T VCFB 1969 -A /2 \ W GRAPHIC SCALE SCALE 1 " =50' 7 - Q 30 U) FD LEAD k TACK PER R1 t' SOUTH OF LOT CORNER RkM�L6 ED LEAD, TACK A TAG RE 6557 PER RI 1' SOUTH OF LOT CORNER RL6M FD LEAD h TACK PER R1 1' NORTH OF LOT CORNER VISTA VERDE TRACT NO 1 RkM (24 MR 79) Ls FD LEAD Y TACK TIES PER Rt, 1' FROM LDTl1NE 28' 28' VISTA VERDE TRACT N0. 1 (24 MR 79) FD SPIKE CALIFORNIA WASHER FD 'LEAD 1' TACK TIES STATE OF C �I L PER Rt, 1' FROM DEPT OF TRANSPORTATION ? L LOTLINE PER SHFB AvE 118D/0412 \i C1 ^' a� 4 R k VCFB 1714A/46 lvv. �i D �,SrRE (861.85' CF RI k RS) I C33 N 00'01'31" E'.. 862 -1 a' M ED LEAD k TACK (TIES E r MILLARD L07LIN[, 1' FROM cz � „ I(N OP01')0' W Rl) STREET m 50.W Rt 50.o2'PR ED LEAD k TACK TIES NOD'Ol'31 "E- PER R1, 1' FROM M GO SEE SHEET 3 LOTLIRE ESTABLISHED BY PROPORTIONATE MEASUREMENT 71 LOT A FD 1 h° IP RE 6557, 7' 508 PER TIES VCFB 829/2 ry o0 0o O5 E NBASIS OF BEARINGS (N 00'00'05" E 38001' CFRI&R2) 379.62" M N 00'00'05" E Rl%M BARD STREET C] z w o wx W E- �IU) LIMITED USE EASEMENT BASIS OF BEARINGS PROPORTIONATE MEASUREMENT THE BEARING N 0'00'05" E ALONG THE CENTER LINE OF BARD STREET AND ITS SOUTHERLY PROLONGATION AS SHOWN ON VISTA VERDE TRACT NO. 1, 24 MR 79 -80 WAS USED FOR THE BASIS OF BEARINGS ON THIS MAP. 3 N 9 y'i O J eqh 66�M5N l� e95 a` M N N 0O Rt) } }o- 30.00 N N 00'00'05" E 235.71' M ( (23503' RI) (645.04' CF R1 k R2) 645.34' M 6b E ED 1'h" IP RE 6557 11- SUB F FD 1'h" IP RE 6557 \i C1 ^' a� 4 R k VCFB 1714A/46 lvv. �i D �,SrRE (861.85' CF RI k RS) I C33 N 00'01'31" E'.. 862 -1 a' M ED LEAD k TACK (TIES E r MILLARD L07LIN[, 1' FROM cz � „ I(N OP01')0' W Rl) STREET m 50.W Rt 50.o2'PR ED LEAD k TACK TIES NOD'Ol'31 "E- PER R1, 1' FROM M GO SEE SHEET 3 LOTLIRE ESTABLISHED BY PROPORTIONATE MEASUREMENT 71 LOT A FD 1 h° IP RE 6557, 7' 508 PER TIES VCFB 829/2 ry o0 0o O5 E NBASIS OF BEARINGS (N 00'00'05" E 38001' CFRI&R2) 379.62" M N 00'00'05" E Rl%M BARD STREET C] z w o wx W E- �IU) LIMITED USE EASEMENT BASIS OF BEARINGS PROPORTIONATE MEASUREMENT THE BEARING N 0'00'05" E ALONG THE CENTER LINE OF BARD STREET AND ITS SOUTHERLY PROLONGATION AS SHOWN ON VISTA VERDE TRACT NO. 1, 24 MR 79 -80 WAS USED FOR THE BASIS OF BEARINGS ON THIS MAP. 3 N 9 y'i O J eqh 66�M5N l� e95 a` M N N 0O Rt) } }o- 30.00 N N 00'00'05" E 235.71' M ( (23503' RI) (645.04' CF R1 k R2) 645.34' M 6b E ED 1'h" IP RE 6557 11- SUB F FD 1'h" IP RE 6557 FD 1 h° IP RE 6557, 7' 508 PER TIES VCFB 829/2 ry o0 0o O5 E NBASIS OF BEARINGS (N 00'00'05" E 38001' CFRI&R2) 379.62" M N 00'00'05" E Rl%M BARD STREET C] z w o wx W E- �IU) LIMITED USE EASEMENT BASIS OF BEARINGS PROPORTIONATE MEASUREMENT THE BEARING N 0'00'05" E ALONG THE CENTER LINE OF BARD STREET AND ITS SOUTHERLY PROLONGATION AS SHOWN ON VISTA VERDE TRACT NO. 1, 24 MR 79 -80 WAS USED FOR THE BASIS OF BEARINGS ON THIS MAP. 3 N 9 y'i O J eqh 66�M5N l� e95 a` M N N 0O Rt) } }o- 30.00 N N 00'00'05" E 235.71' M ( (23503' RI) (645.04' CF R1 k R2) 645.34' M 6b E ED 1'h" IP RE 6557 11- SUB F FD 1'h" IP RE 6557 30' 30' LEAN N CENTER OF PIPE FOR (L THIRD ST. E °tea ='F� BOUNDARY SURVEY MAP TRACT N0. 5181 �I IN THE CITY OF MOORPARK, Fo oLO NAIL ON g COUNTY OF VENTURA, STATE OF CALIFORNIA FITS ORE NEMAIMNG FE BEING A SUBDIVISION OF A PORTION OF BLOCKS 8 AND 11, THIRD STREET AND BARD STREET AS SHOWN ON IN SOUTHWEST QUADRANT ELORY MAP NO. 1 OF TRACT "0' OF MOORPARK SUBDIVISION RANCHO SIMI. AS PER MAP RECORDED IN BOOK PER VCFB 829/2 h SHFB "E 8D/o413 I AVE. 8 PAGE 13 OF MISCELLANEOUS RECORDS (MAPS) IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DECEMBER, 2001 SHEET 2 OF 3 SHEETS C) xw NOTE FOR LEGEND, MONUMENT NOTES, BOUNDARY N w SURVEY AND BASIS OF BEARINGS SEE SHEET 2. =, r ` � Imz �/ Z � zo 10 o to 20 ao - � // ERA w I 75'S2_'�3••�� `\I ` 2�/ /�y GRAPHIC SCALE n/ SCALE 1 " =20' V \10 6. \16 �. �(�� T O. 22 ;,05 ' l \s _ N 1 28' 28' Ro4J9. . PVp,.. ',5,�• 6q f VISTA VERDE TRACT N0. 1 44 4 75'S7 "\``- 3^ L cn /H %SiaP ° °05p0.5j59" TOg 6. L (24 MR 79) p m1 ' 97 53.9 >•• LUE � / o >3 %1 4S,C `� 4� lJ 18� N 7jp37< PRO 50\ T oN L 1. M a` 067'080'4' oa-57 N .00 0 E B 50, 0.00' CFR1 &R5 86W2 � 25E O 2.14' M `7 5 j 9, 60. ) - u> N 3 R �A,q�gB•N, 7Rq B\3g �i4'B O' 7' 4-05-2v ` 53p. 00' / ❑ J D� qg. •y 2S �,p9 T� = LUE Q 102. 03.. L = 239. 70'i 10.00' N `~l N '4,7 �0� 24 g 3 _ 49.50' �\ 7L ��b `POI ❑ o N 00'01'31' E / 5' 3 h LUE -05*18' N 00'01'31" E W 38' E \ "� 1 ?' 31 L = 49 . i t' 50.00' RI) 50.02' PRO g S Iry 0 1 6_ = 05' Op, 3 Ery - 02',39.57. 36'17' L = 51.85' 22.62' 27.40' N 1477'52..f 73 ig �oo`U N ,301555., �Zm rvo qry L LUE.St' _ L=2GE OO�pin 7/ LUE o rn 3 N 74'77'52- f p 3 co P o 00 87 � n a 7 z zo 6 N 04'45'25" N 00'00'05" E 39.72' g5 3 41.00' 3 T - -� `A-- T - - -_� LUE I 1NC0�' °ol LUE °o 43.58' I 31.93 z r 1 m 116.78' 75.51' 41.00' N 00'0005" E 179.18' w� 0 N 00'00'05" E_ 379.62' M � o BARD STREET E" �w 30' °v rn 30' F�•-1 E-1 m1e ml �1^' 31 s o. 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DECEMBER, 2001 SHEET 3 OF 3 SHEETS Q 2 o 3 z 3 06.00' -R4 &M 62.69 _ - - - _ 60.00' N 00'00'05 E 235.71' M TRACT N0. 5181 IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA BEING A SUBDIVISION OF A PORTION OF BLOCKS 8 AND 11, THIRD STREET AND BARD STREET AS SHOWN ON MAP N0. 1 OF TRACT "0^ OF MOORPARK SUBDIVISION RANCHO SIMI, AS PER MAP RECORDED IN BOOK 8 PAGE 13 OF MISCELLANEOUS RECORDS (MAPS) IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. DECEMBER, 2001 SHEET 3 OF 3 SHEETS TO: FROM: DATE: MOORPARK CITY COUNCIL AGENDA REPORT Honorable City Council ITEM 10. K . Kim C. Chudoba, Senior Management Analyst /< G May 23, 2003 (CC Meeting of 6/4/03) SUBJECT: CONSIDER REQUEST FROM ROAM'N RELICS CAR CLUB TO HOLD CAR SHOW ON OCTOBER 26, 2003 FROM 8 A.M. TO 3 P.M. ON HIGH STREET AND PAY REDUCED CITY FEES FOR THE EVENT BACKGROUND For the past nine years, the Roam'n Relics Car Club has held its annual car show in Moorpark. The 2003 event is planned for Sunday, October 26, from 8 a.m. to 3 p.m. on High Street. In 2002, the event attracted about 500 pre -1973 vehicles and 4,500 spectators. Last year, the City charged the Club $1,783 for planning and staffing the event, including $1,330 for police, $265 for other staff, and $188 for permits. DISCUSSION Each year, the City Council has granted the Club's request to reduce City fees for the event since the proceeds are donated to local charities and Moorpark merchants benefit from increased visibility. Last year, the Club donated a total of $6,253 to five charitable groups (Christmas Adoption Program, Cub Scouts, Leukemia Lymphoma Society, Moorpark Food Pantry, and Samaritan Center). No major changes are planned for the 2003 car show. The Club expects about 500 pre -1973 vehicles and 4,500 spectators, generating about $20,000 in revenues and $8,000 in donations to local charities after expenses. As in the past, the Club will promote High Street businesses through raffles and free advertisements, and provide free booth space to City departments. Honorable City Council May 23, 2003 Page 2 Staff recommends the same fee reductions Council approved last year: waive fee for use of Redevelopment Agency property, charge contract billing rate for police (roughly $1,571), and charge direct cost for Senior Management Analyst (about $301). Including regular fees for an encroachment permit ($100) and a temporary use permit ($88), estimated City fees total $2,060. Staff will meet with the car show chairperson to discuss permit conditions. As in the past, the City will not staff the event other than assigned police who will be present to ensure adherence to permit conditions. STAFF RECOMMNDATION 1. Waive fee for use of Redevelopment Agency property, charge Club the contract billing rate for police charged by the County of Ventura, and charge Club the direct cost of other staff to plan the event; 2. Require Club to pay an encroachment permit fee ($100) and a temporary use permit fee ($88); and 3. Require Club to provide the City and Agency with an indemnification agreement and name the City and Agency as additional insureds in the Club's insurance policy. b * e:7 F-' MOORPARK CITY COUNCIL AGENDA REPORT ITEM 10-L. TO: Honorable City Council FROM: Barry K. Hogan, Community Development Director DATE: May 28, 2003 (CC meeting of 06/04/03) SUBJECT: Consider an Early Grading Permit for Tentative Tract Map No. 5307 for the Approved 25 -Lot Single - Family Residential Subdivision Located at the Northwest Corner of Millard Street and Los Angeles Avenue, on the Application of Colmer Development Company BACKGROUND /DISCUSSION This tentative tract map was amended by the City Council at it November 11, 2002, meeting to add three affordable housing lots near Millard Street. A condition of the tentative tract map required that the applicant sign an Affordable Housing Agreement with the Moorpark Redevelopment Agency prior to recordation of the Final Map. The applicant is ready to proceed with the grading of the project, but negotiations relative to the Affordable Housing Agreement are not yet complete. The applicant has posted all of the required bonds for the improvements required by the conditions of approval and the Final Map is ready for consideration of approval by the City Council, but awaits the completion of the Affordable Housing Agreement. The conditions of approval did not include the allowance of an Early Grading Permit since it is the City's practice to allow Early Grading Permits in conjunction with Development Agreements. The standard language from the City's Development Agreement for an Early Grading Permit is as follows: The City Manager is authorized to sign an early grading agreement on behalf of City to allow rough grading of the Project prior to City Council approval of a final subdivision map. Said early grading agreement shall be consistent with the conditions of approval for Tract S: \Community Development \DEV PMTS \R P D \2001 -01 Colmer -Flory \Staff Reports \cc 030406 stf rpt fl.doc Honorable City Council June 4, 2003 Page 2 No. — and RPD 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 and construction of on -site and off -site improvements. In the case of failure to comply with the terms and conditions of the early grading agreement, the City Council may by resolution declare the surety forfeited. This project is adjacent to Flory Elementary School and city staff is concerned with potential conflicts with school activity during grading. We are close to the summer vacation when school will be out of session and grading can occur. The Affordable Housing Agreement may take some weeks to complete thus delaying Council approval of the Final Map until some time in August. STAFF RECOMONDATION Authorize the City Manager to sign an Early Grading Agreement subject to his final language approval. S: \Community Development \DEV PMTS \R P D \2001 -01 Colmer -Flory \Staff Reports \cc 030406 stf rpt fl.doc 9F�.QA^�► �qp '✓ �/ fvr 1 U